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City of Miami
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Legislation
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Resolution
File Number: 09-00400
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING A PARTIAL SETTLEMENT IN THE CASE OF CITY OF MIAMI AND
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY V. MIAMI-DADE COUNTY, CASE NO. 07-46851 CA 31, IN THE CIRCUIT
COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CONVEYING CERTAIN PROPERTY FOR THE EXPANSION
OF THE LYRIC THEATER; AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
MIAMI-DADE COUNTY.
WHEREAS, on December 31, 2007, the City of Miami ("City") and the Southeast
Overtown/Park West Community Redevelopment Agency ("CRA") instituted an action against the
County, styled City of Miami and Southeast Overtown/Park West Community Redevelopment Agency
v. Miami -Dade County, Case No. 07-46851 CA 31, in the Circuit Court of the Eleventh Judicial Circuit
in and for Miami -Dade County, Florida, seeking declaratory and injunctive relief on the basis that the
County had wrongfully reverted title to Blocks 36, 45, and 56 in Overtown ("reverter litigation"); and
WHEREAS, The Black Archives, History and Research Foundation of South Florida, Inc.
("Black Archives") had previously appeared before the Board of Commissioners of the CRA requesting
conveyance of certain portion of Block 36 to facilitate the expansion of the Lyric Theater at 819-29
N.W. 2nd Avenue, Miami, Florida; and
WHEREAS, in order to allow the Lyric expansion to proceed, the County, the City, and the
CRA, and the Black Archives have proposed a settlement involving release of a portion of the property
in the reverter litigation, transfer of certain additional property to the Black Archives, and conveyance
by the Black Archives to the CRA of certain parcels needed to preserve the Lyric Plaza; and
WHEREAS, the Miami City Commission wishes to authorize partial settlement in accordance
with the terms of the documents attached hereto;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The partial settlement in the case of City of Miami and Southeast
Overtown/Park West Community Redevelopment Agency v. Miami -Dade County, Case No. 07-46851
CA 31, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, is
authorized.
Section 3. The City Manager is authorized{1) to execute an Agreement, in substantially the
City of Miand Page I of 2 Printed On: 4/14/2009
File Number. 09-00400
attached form, with Miami -Dade County.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE 0. BRU
CITY ATTORN
Footnotes:
{1) The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City.
City ofMiami Page 2 of 2 Printed On: 4/14/2009