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CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM:
DATE:
RE:
The Honorable Mayor and Members o1~,the City Commission
Jorge L. Fernandez, City Attorne
April 27, 2007
Proposed Resolution -May 10, 2007, City Commission Meeting
Authorizing the City Manager to execute Amendment No.1 to the Settlement Agreement in the cases of
City of Miami v. Sawyer's Walk, Ltd., Case No. 00-28860 CA 9 (the "Sawyer's Walk Litigation") and
Southeast Overtown/Park West Community Redevelopment Agency v. Poinciana Village of Miami, Ltd.,
Case No. 02-06846 CA 9 (the "Poinciana Litigation") (File No. 07-00565)
Pursuant to City of Miami Resolution R-05-0076, adopted January 27, 2005, The City of Miami entered
into a Settlement Agreement, dated as of January 27, 2005, (the "Settlement Agreement"), in the cases of the City
of Miami v. Sawyer's Walk, Ltd., Case No. 00-28860 CA 9 (the "Sawyer's Walk Litigation") and the Southeast
Overtown/Park West Community Redevelopment Agency v. Poinciana Village of Miami, Ltd., Case No. 02-
06846 CA 9 (the "Poinciana Litigation"). The Settlement Agreement provide for settlement of the lawsuits and
execution of a Restated Poinciana Lease, subject to the satisfaction of certain conditions, all as more particularly
defined and described in the Settlement Agreement.
The attached Resolution seeks authorization for the City Manager to execute Amendment No. 1 to the
Settlement Agreement. The Amendment provides for the extension of certain deadlines in recognition of
challenges to the settlement, the issuance of a Major Use Special Permit, and the performance of a new
environmental study. Additionally, changed market conditions have caused the developer to refine the detailed
development plans, to allow for the construction of smaller, more affordable units, and allow for the delivery of
more units in the first phase of development.
Attachment
JLF/KRJ
c: Pedro G. Hernandez, City Manager
Elvi Gallastegui Alonso, Agenda Coordinator
75825