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HomeMy WebLinkAboutresolutionFile Number: 05.00481 Final Action Date: 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 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. WHEREAS, in 1924, the Brickell Family donated approximately 2.5 acres of land fronting on Biscayne Bay ("Property") to the City of Miami ("City") for use as a park pursuant to a deed containing a reverter clause requiring perpetual use of the Property as a park; and WHEREAS, pursuant to Resolution No. 87-1007, adopted November 19,1987, the City Commission authorized the City Manager to issue Invitations to Bid for the Property; and WHEREAS, pursuant to Resolution No. 87-1008, adopted November 19, 1987, the City Commission authorized the City Attorney to institute a quite title action to have the City's title to the Property declared free and clear from all restrictions, reverters and encumbrances, which said Resolutions resulted in William B. Brickell, James B. Brickell, Jr., Beatrice A. Brickell, Mary Snyder and Archie K. Purdy ("the Brickells") filing a lawsuit against the City to enforce the reversionary interest provided in the deed ("Lawsuit"); and WHEREAS, in 1989, the Lawsuit was conditionally settled pursuant to an agreement that, among other things, (1) vested title to the Property in the Brickells; (2) required a swap of the City of Miami Page l of 3 Printed On: 5/19/2005 City of Miami City Hall 3500 Pan American sem`~ Drive mfr �R',1 II"! �� � Legislation Miami, FL 33133 www. ci.miami.fl.us Resolution File Number: 05.00481 Final Action Date: 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 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. WHEREAS, in 1924, the Brickell Family donated approximately 2.5 acres of land fronting on Biscayne Bay ("Property") to the City of Miami ("City") for use as a park pursuant to a deed containing a reverter clause requiring perpetual use of the Property as a park; and WHEREAS, pursuant to Resolution No. 87-1007, adopted November 19,1987, the City Commission authorized the City Manager to issue Invitations to Bid for the Property; and WHEREAS, pursuant to Resolution No. 87-1008, adopted November 19, 1987, the City Commission authorized the City Attorney to institute a quite title action to have the City's title to the Property declared free and clear from all restrictions, reverters and encumbrances, which said Resolutions resulted in William B. Brickell, James B. Brickell, Jr., Beatrice A. Brickell, Mary Snyder and Archie K. Purdy ("the Brickells") filing a lawsuit against the City to enforce the reversionary interest provided in the deed ("Lawsuit"); and WHEREAS, in 1989, the Lawsuit was conditionally settled pursuant to an agreement that, among other things, (1) vested title to the Property in the Brickells; (2) required a swap of the City of Miami Page l of 3 Printed On: 5/19/2005 File Number.' 05-00481 Property for the property then known as the Riverpoint Property, which is now known to contain the Miami Circle; and (3) required the Brickells to reconvey the title to the Property to the City, with the same reversions as in 1924, if the land swap did not occur by a specified date; and WHEREAS, the land swap did not occur by the date specified and the Brickells failed to reconvey title to the Property to the City; and WHEREAS, in 1994, the City requested the Court to enforce the terms of the 1989 Settlement Agreement by having title to the Property reconveyed to the City and, in response, the Brickells requested the Court to enforce the reverter clause in the 1924 deed, thereby maintaining title to the Property in the Brickells; and WHEREAS, on April 17, 2000, the Court approved a Stipulation and Agreed Final Order in the Lawsuit pursuant to which legal title to the Property was vested in City National Bank of Florida Land Trust No. 2401-0915-00 ("Trust") for the exclusive purpose of selling the Property to the highest, most favorable bidder and disbursing the proceeds of the sale between the Brickells and the City, as described and within the time period set forth in the Stipulation ("2000 Settlement"); and WHEREAS, the 2000 Settlement expired without completing the sale of the Property and the Court has not yet ruled on the merits of the Lawsuit; and WHEREAS, The Related Group of Florida has entered into an agreement with the Brickells to purchase the Brickells' beneficial interest in the Trust and the Brickells' position in the Lawsuit; and WHEREAS, The Related Group of Florida has assigned its rights under its agreement with the Brickells to City National Bank of Florida, as Trustee under Land Trust No. 2401- 1863-00 (referred to herein as "Related"), which also owns the adjacent property to the north of the Property ("Sheraton Site"); and WHEREAS, Related has proposed to settle the Lawsuit by, among other things, (1) having the Trust convey title to the Property, less two strips along the northern boundary ("Related Parcel") to the City (the "Park"), subject to a Declaration of Restrictive Covenants forever requiring the use of the Park as a passive park, (2) the City granting a temporary Easement to Related for construction, staging and sales office purposes for a term of 5 years, (3) Related agreeing to perform certain temporary and permanent park improvements, subject to the approval of the City, (4) Related agreeing to maintain the Park in perpetuity and (5) other matters relating to the dismissal of the Lawsuit and the payment of real property taxes, as more specifically described in the Agreement and the Easement attached hereto as "Exhibits "A and "B," respectively; 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. City of Miami Page 2 of 3 Printed On: 5119/2005 File Number.' 05-00489 _ Section 2. The Miami City Commission authorizes the Settlement of the Lawsuit, consisting of (1) the conveyance to the City of the Park, (2) the conveyance to Related of the Related Parcel, (3) the grant of a temporary construction easement over a portion of the Park to Related, as the owner of the Sheraton Site, for a term of 5 years, (4) the obligation of Related to construct temporary and permanent improvements to the Park, as approved by the City and to maintain the Park in perpetuity and (5) other matters described in the Agreement and the Easement, attached hereto as "Exhibits. A" and "13." Section 3. The City Manager and the City Attorney are authorized {1} to execute all documents necessary or desirable to consummate the settlement of the Lawsuit, including specifically, the Agreement and the Easement, in substantially the attached forms, and a Stipulation dismissing the Lawsuit with prejudice. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS/ Ji6RGE Ll FEFNANDEZp'� CITY ATTORNEY '� 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. 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