HomeMy WebLinkAboutR-05-0076City of Miami
Legislation
Resolution: R-05-0076
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00009 Final Action Date: 1/27/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH POINCIANA
VILLAGE OF MIAMI, LTD., SAWYER'S WALK, LTD., AND THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") IN
THE CASES STYLED CITY OF MIAMI V. SAWYER'S WALK, LTD., CASE NO.
00-28860 CA 9, AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY V. POINCIANA VILLAGE OF MIAMI, LTD.,
CASE NO. 02-06846 CA 9, BOTH PENDING IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE-COUNTY, FLORIDA;
SAID SETTLEMENT TO REQUIRE SAWYER'S WALK, LTD. TO PROCEED WITH
THE DEVELOPMENT OF THE SAWYER'S WALK PROJECT AND THE BALANCE
OF THE POINCIANA VILLAGE PROJECT IN ACCORDANCE WITH THE TERMS OF
THE SETTLEMENT AGREEMENT, AND, IF CERTAIN CONTINGENCIES ARE
SATISFIED, RESULT IN SAWYER'S WALK AND THE CRA ENTERING INTO A
LONG TERM LEASE WITH RESPECT TO THE SAWYER'S WALK PROJECT AND
THE POINCIANA VILLAGE PROJECT IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI
("CITY") AND THE CRA, AT WHICH TIME THE SAWYER'S WALK LITIGATION AND
THE POINCIANA LITIGATION SHALL BE DISMISSED WITH PREJUDICE, ALL AS
MORE PARTICULARLY SET FORTH IN THE SETTLEMENT AGREEMENT;
FURTHER PROVIDING THAT, IF THE CONTINGENCIES ARE NOT SATISFIED,
THE CITY AND THE CRA SHALL HAVE THE OPTION OF PURSUING THE
SAWYER'S WALK LITIGATION AND THE POINCIANA LITIGATION OR PAYING
$6,500,000 IN FULL SETTLEMENT OF BOTH THE SAWYER'S WALK LITIGATION
AND THE POINCIANA LITIGATION.
WHEREAS, the City of Miami ("City") and the Southeast Overtown/Park West Community
Redevelopment Agency ("CRA") filed a complaint for declaratory judgment against Sawyer's Walk,
Ltd. ("Sawyer's Walk") styled City of Miami v. Sawyer's Walk, Ltd., Case No. 00-28860 CA 9
pending in the llth Judicial Circuit in and for Miami -Dade County, Florida ("Sawyer's Walk Litigation");
and
WHEREAS, Sawyer's Walk has filed counterclaims against the City and the CRA in the
Sawyer's Walk Litigation; and
WHEREAS, the CRA filed a complaint for ejectment and quiet title against Poinciana Village of
Miami, Ltd. ("Poinciana Village") styled Southeast Overtown/Park West Community Redevelopment
Agency v. Poinciana Village of Miami, Ltd., Case No. 02-06846 CA 9 pending in the llth Judicial
Circuit in and for Miami -Dade County, Florida ("Poinciana Litigation"); and
WHEREAS, Poinciana Village has filed counterclaims against the City and the CRA in the
City of Miami
Page 1 of 2 File Id: 05-00009 (Version: 2) Printed On: 10/25/2016
File Number: 05-00009 Enactment Number: R-05-0076
Poinciana Litigation; and
WHEREAS, the Poinciana Litigation and the Sawyer's Walk Litigation have been
administratively consolidated; and
WHEREAS, pursuant to Section 18-232 of the Code of the City of Miami, Florida, both claims
and lawsuits have been investigated by the City Attorney's Office, and the City Attorney's Office
recommends that the Poinciana Litigation and the Sawyer's Walk Litigation be settled in accordance
with the terms of the Settlement Agreement 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 as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute a Settlement Agreement, in
substantially the attached form, between Poinciana Village, Sawyer's Walk, the CRA, and the City,
which shall require Sawyer's Walk to proceed with the development of the Sawyer's Walk Project and
the balance of the Poinciana Village Project in accordance with the terms of the Settlement
Agreement and, if certain contingencies are satisfied, result in Sawyer's Walk and the CRA entering
into a long term lease with respect to the Sawyer's Walk Project and the Poinciana Village Project in
full and complete settlement of any and all claims and demands against the City, at which time the
Sawyer's Walk Litigation and the Poinciana Litigation shall be dismissed with prejudice, all as more
particularly set forth in the Settlement Agreement; and further providing that, if the contingencies are
not satisfied, the City and the CRA shall have the option of pursuing the Sawyer's Walk Litigation and
the Poinciana Litigation or paying $6,500,000 in full settlement of both the Sawyer's Walk Litigation
and the Poinciana Litigation.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
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 Commission.
City of Miami Page 2 of 2 File Id: 05-00009 (Version: 2) Printed On: 10/25/2016