HomeMy WebLinkAboutcover memoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayorg*embers of the City Commission
FROM: Jorge L. Ferna Y—City
rney„�)n
DATE: May 19, 2005
RE: Proposed Resolutiommission Meeting -June 9, 2005
Approving the settlement of the Brickell Park Litigation
(File No. 05-00481)
The attached proposed Resolution will, if adopted, settle the case of William B. Brickell,
James B. Brickell, Jr., Beatrice A. Brickell, Mary Snyder and Archie K Purdy (the "Brickells') v.
The City of Miami, Case No. 88-0230 (the "Brickell Park Litigation") as follows:
1. The City will take title to the property known as Brickell Park, less two strips
along the northern boundary of the Park (the "Related Parcel"). The Related Parcel will be
deeded to the owner of the Sheraton Site (herein referred to as "Related" — although it is, in.
actuality, a land trust). The Park (which consists of the former Brickell Park, less the Related.
Parcel) and the Related Parcel are depicted in the drawings attached hereto as "Attachments
and "2" respectively.
2. The City will grant Related a temporary Easement to be used as a temporary
construction, staging and/or development area and to construct and operate a temporary
marketing and sales office, together with o� 5 e and related
The Easementng Parcecilities lParcel (isedepicted ens
Parcel"). The Easement is for a term years.
"Attachment 3" hereto.
3. Related agrees to construct certain temporary improvements on the Park within ii
months following the settlement, in accordance with the "Interim Improvement Plan" approved
by the City and attached hereto as "Attachment 4." Within 6 months after termination of the
term of the Easement, Related will cause the Park to be improved in accordance with the
"Permanent Improvement Plans" approved by the City and attached hereto as "Attachment 5."
4. The City will enter into a Covenant in Lieu of Unity of Title with Related
agreeing that the Sheraton Site and the Park shall be treated as auuniri ie d single for p rceand flool for r area
of set backs, view corridors, open space and lot coverage, but
requirements, all subject to the Comprehensive a elan which arethe Zoning dinance. The City also
outlined in Section 8 ofagrees, as property owner, to certain land use rel provisions
the Agreement, attached as "Exhibit A" to the Resolution.
5. The Park land will continue to be subject to Restrictions, requiring that it be used
as a public passive park and a reverter, in favor of the Brickells, if it is sold.
The Resolution purports to authorize the City Manager to execute the Agreement and the
Easement, in substantially the forms attached as "Exhibits A" and "B" to the Resolution, and
authorize the City Attorney to execute a Stipulation
dismissing the Lawsuit and such other
documents as may be required to consummate the
Attachments
W 1246:ORS:mgc
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator