HomeMy WebLinkAboutSCRIVENER'S ERROR MEMO.• •
DEC-24-2003 12:36 CITY ATTORNEYS OFFICE
305 416 'eel P.01/03
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMO:L. UM
TO: Priscilla Thompson, C
FROM: Alejandro Vilarello,
DATE: December 24, 200
RE: Resolution No.
Upon review of Resolution 0 257, adopted by the City Commission on December 18,
2003, we have discovered an inadvertent error. There is a semantics error therein which conveys
an intent other than that which was recommended by the City Manager (based on his verbal
agreement with the County Manager) or that was manifested by the City Commission upon its
adoption of said resolution.
In order to rectify this issue and correct the record before there is any misunderstanding
between the parties, a corrected resolution dealing with the scrivener's error has been prepared
and should be substituted in lieu of the existing resolution in your files. The corrected resolution
removes the phrase "contingent upon cooperating" substituting in lieu thereof the phrase "further
agreeing to cooperate."' Title to the corrected resolution reads as follows:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S) RESCINDING RESOLUTION R-03-1204, ADOPTED
NOVEMBER 25, 2003, IN ITS ENTIRETY AND SUBSTITUTING THE
HEREIN RESOLUTION IN LIEU THEREOF TO AUTHORIZE THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 02 TO THE TRI-PARTY
AGREEMENT DATED DULY 19, 1988, AS AMENDED, IN
SUBSTANTIALLY THE ATTACHED FORM, AMONGST THE CITY OF
MIAMI, MIAMI-DADE COUNTY ("COUNTY"), AND BAYSIDE CENTER
LIMITED PARTNERSHIP RELEASING THE COUNTY'S OBLIGATION TO
CONTRIBUTE $1,500,000 IN FUNDING OF THE IMPROVEMENTS FOR
THE PEDESTRIAN BRIDGE ON PARCEL B,
The full text of the corrected resolution is attached hereto. As indicated, it should
be substituted in lieu of the document presently in your possession, as the official action
of the Commission regarding this matter on December 18, 2003.
attachments
cc: Mayor and Members of the City Commission
Joe Arriola, City Manager
The use of the word "contingent" in the phrase "contingent upon cooperating" as defined in Black's Law
Dictionary, states that "this term, when applied to a...legal right or interest, implies that no present interest
exist..." That is clearly not what the Commission intended, which was to release the County's obligation to
contribute funding for the Pedestrian Bridge as a quid quo for the County's agreeing to cooperate in the joint
planning gi the Acvelopment of theproperty.
03- °391 SCITVEnER's ERAOR fYiE in 0
DEC-24-2003 12:36
CITY ATTORNEYS OFFICE 305 416 1Jb1
City of Miami
Legislation
Resolution: R-03-1257
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.mlami.fl.us
File Number: 03-0331
Final Action Date: 12/18/2003
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RESCINDING RESOLUTION R-03-1204, ADOPTED NOVEMBER 25, 2003, IN
ITS ENTIRETY AND SUBSTITUTING THE HEREIN RESOLUTION IN LIEU
THEREOF TO AUTHORIZE THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 02 TO THE TRI-PARTY AGREEMENT DATED JULY 19,
1988, AS AMENDED, IN SUBSTANTIALLY THE ATTACHED FORM,
AMONGST THE CITY OF MIAMI, MIAMI-DADE COUNTY ("COUNTY"), AND
BAYSIDE CENTER LIMITED PARTNERSHIP RELEASING THE COUNTY'S
OBLIGATION TO CONTRIBUTE $1,500,000 IN FUNDING OF
IMPROVEMENTS FOR THE PEDESTRIAN BRIDGE ON PARCEL B, AND
FURTHER AGREEING TO COOPERATE ON THE JOINT PLANNING OF THE
DEVELOPMENT OF THE PROPERTY.
WHEREAS, Miami -Dade County, ("County") is desirous of making changes to the Agreement
approved by the City Commission pursuant to Resolution R-03-1204, adopted November 25, 2003
, thereby necessitating the recession of said Resolution in its entirety;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Resolution No. R-03-1204, adopted November 25, 2003, is rescinded in its
entirety and the herein Resolution is substituted in lieu thereof.
Section 2. The City Manager is authorized{1} to execute Amendment No. 2 to the Tri-Party
Agreement dated July 19, 1988, as amended, in substantially the attached form, amongst the City
of Miami, the County and Bayside Center Limited Partnership releasing the County's obligation to
contribute $1,500,000 in funding of improvements for the pedestrian bridge on Parcel B, and
further agreeing to cooperate on the joint planning of the development of the property.
Section 3. This Resoluti. - shall become effective immediately upon its adoption and
signature of the i r.{2}
APPRO -.' • • = ► ORM CORRECTNESS:
City of Miami
Page 1 of 2
Panted On; 12172l2003
DEC-24-2003 12:36 CITY ATTORNEYS OFFICE
File Number 03-0331
305 41b lbUl r.u.3/1,13
Enacting t Nu ber: R-03-1257
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 immediately a the end of
ten (10) 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
Commission.
City o
Page 2 of 2 Printed On. 12/21/2003
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