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HomeMy WebLinkAboutMaster ReportTitle: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A SETTLEMENT IN THE CASE OF WILLIAM B. BRICKELL, JAMES B. BRICKELL, JR., BEATRICE A. BRICKELL, MARY SNYDER AND ARCHIE K. PURDY (THE "BRICKELLS") V. CITY OF MIAMI ("CITY"), CASE NO. 88-0230 ("LAWSUIT"), CONSISTING OF (1) THE CONVEYANCE TO THE CITY OF THE PROPERTY KNOWN AS THE BRICKELL PARK ("PROPERTY"), LESS TWO STRIPS OF LAND LYING ALONG THE NORTHERN BOUNDARY OF THE PROPERTY ("RELATED PARCEL"), (2) THE CONVEYANCE OF THE RELATED PARCEL TO CITY NATIONAL BANK OF FLORIDA, AS TRUSTEE UNDER LAND TRUST LOAN NO. 2401-1863-00, AS SUCCESSOR TO THE RELATED GROUP OF FLORIDA ("RELATED"), (3) THE GRANT OF A TEMPORARY CONSTRUCTION EASEMENT OVER A STRIP OF LAND LYING WITHIN THE PROPERTY TO RELATED, AS OWNER OF THE ADJACENT PARCEL FOR A TERM OF 5 YEARS, (4) THE OBLIGATION OF RELATED TO CONSTRUCT TEMPORARY AND PERMANENT PARK IMPROVEMENTS TO THE PROPERTY, AS APPROVED BY THE CITY AND TO MAINTAIN THE PROPERTY IN PERPETUITY AND (5) OTHER MATTERS DESCRIBED IN THE AGREEMENT ("AGREEMENT") AND THE EASEMENT, ATTACHED HERETO AS "EXHIBITS A" AND "B;" AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO EXECUTE ALL DOCUMENTS NECESSARY OR DESIRABLE TO CONSUMMATE THE SETTLEMENT OF THE LAWSUIT, INCLUDING SPECIFICALLY, THE AGREEMENT AND THE CONSTRUCTION EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS AND A STIPULATION DISMISSING THE LAWSUIT WITH PREJUDICE; PROVIDED THAT IF THE AGREEMENT IS NOT EXECUTED WITHIN SIXTY (60) DAYS OF THE EFFECTIVE DATE OF THIS RESOLUTION, THIS RESOLUTION SHALL BECOME NULL AND VOID. Sponsors: Notes: Indexes: Attachments: 05-00481-resolution.pdf,05-00481-exhibit A.pdf,05-00481-exhibit B.pdf,05-00481-exhibit C.pdf,05-00481-exhibit D.pdf,05-00481-exhibit A2.pdf,05-00481-exhibit B2.pdf,05-00481-exhibit C2.pdf,05-00481-exhibit D2.pdf,05-00481-exhibit E2.pdf,05-00481-exhibit E.pdf,05-00481-exhibit F.pdf,05-00481-exhibit G.pdf,05-00481-exhibit H.pdf,05-00481-exhibit I.pdf,05-00481-cover memo.pdf,05-00481-attachment 1.pdf,05-00481-attachment 2.pdf,05-00481-attachment 3.pdf,05-00481-attachment 4.pdf,05-00481-attachment 5.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Office of the City 5/24/2005 Reviewed and Attorney Approved City of Miami Page I Printed on 11/17/2016 T,y op.y City of Miami City Hall 3500 Pan American Drive F Miami, FL 33133 Fwln < � R 1 O Master Report vuww.miamigov.com Enactment Number: R-05-0372 File Number: 05-00481 File Type: Resolution Status: Passed Version: 2 Reference: Controlling Body: Office of the City Clerk File Name: Settlement-Brickell Park Introduced: 5/16/2005 Requester: Office of the City Attorney Cost: Final Action: 6/9/2005 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A SETTLEMENT IN THE CASE OF WILLIAM B. BRICKELL, JAMES B. BRICKELL, JR., BEATRICE A. BRICKELL, MARY SNYDER AND ARCHIE K. PURDY (THE "BRICKELLS") V. CITY OF MIAMI ("CITY"), CASE NO. 88-0230 ("LAWSUIT"), CONSISTING OF (1) THE CONVEYANCE TO THE CITY OF THE PROPERTY KNOWN AS THE BRICKELL PARK ("PROPERTY"), LESS TWO STRIPS OF LAND LYING ALONG THE NORTHERN BOUNDARY OF THE PROPERTY ("RELATED PARCEL"), (2) THE CONVEYANCE OF THE RELATED PARCEL TO CITY NATIONAL BANK OF FLORIDA, AS TRUSTEE UNDER LAND TRUST LOAN NO. 2401-1863-00, AS SUCCESSOR TO THE RELATED GROUP OF FLORIDA ("RELATED"), (3) THE GRANT OF A TEMPORARY CONSTRUCTION EASEMENT OVER A STRIP OF LAND LYING WITHIN THE PROPERTY TO RELATED, AS OWNER OF THE ADJACENT PARCEL FOR A TERM OF 5 YEARS, (4) THE OBLIGATION OF RELATED TO CONSTRUCT TEMPORARY AND PERMANENT PARK IMPROVEMENTS TO THE PROPERTY, AS APPROVED BY THE CITY AND TO MAINTAIN THE PROPERTY IN PERPETUITY AND (5) OTHER MATTERS DESCRIBED IN THE AGREEMENT ("AGREEMENT") AND THE EASEMENT, ATTACHED HERETO AS "EXHIBITS A" AND "B;" AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO EXECUTE ALL DOCUMENTS NECESSARY OR DESIRABLE TO CONSUMMATE THE SETTLEMENT OF THE LAWSUIT, INCLUDING SPECIFICALLY, THE AGREEMENT AND THE CONSTRUCTION EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS AND A STIPULATION DISMISSING THE LAWSUIT WITH PREJUDICE; PROVIDED THAT IF THE AGREEMENT IS NOT EXECUTED WITHIN SIXTY (60) DAYS OF THE EFFECTIVE DATE OF THIS RESOLUTION, THIS RESOLUTION SHALL BECOME NULL AND VOID. Sponsors: Notes: Indexes: Attachments: 05-00481-resolution.pdf,05-00481-exhibit A.pdf,05-00481-exhibit B.pdf,05-00481-exhibit C.pdf,05-00481-exhibit D.pdf,05-00481-exhibit A2.pdf,05-00481-exhibit B2.pdf,05-00481-exhibit C2.pdf,05-00481-exhibit D2.pdf,05-00481-exhibit E2.pdf,05-00481-exhibit E.pdf,05-00481-exhibit F.pdf,05-00481-exhibit G.pdf,05-00481-exhibit H.pdf,05-00481-exhibit I.pdf,05-00481-cover memo.pdf,05-00481-attachment 1.pdf,05-00481-attachment 2.pdf,05-00481-attachment 3.pdf,05-00481-attachment 4.pdf,05-00481-attachment 5.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Office of the City 5/24/2005 Reviewed and Attorney Approved City of Miami Page I Printed on 11/17/2016 2 Office of the City Attorney 2 City Commission 2 Office of the City Attorney 2 Office of the Mayor City of Miami Master Report Enactment Number: R-05-0372 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 6/8/2005 Review Pending 6/9/2005 ADOPTED WITH Pass MODIFICATIONS 6/13/2005 Reviewed and Approved 6/20/2005 Signed by the Mayor Office of the City Clerk 2 Office of the City Clerk 6/20/2005 Signed and Attested by City Clerk City of Miami Page 2 Printed on 11/17/2016