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Resolution
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3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00565 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE SETTLEMENT AGREEMENT,
DATED AS OF JANUARY 27, 2005, AND APPROVED BY RESOLUTION NO.
05-0076, ADOPTED JANUARY 27, 2005, IN THE CASES OF 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.
WHEREAS, 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 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"); and
WHEREAS, the Settlement Agreement provides for settlement of both cases 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; and
WHEREAS, the parties desire to modify and amend certain terms and provisions of the
Settlement Agreement as provided in Amendment No. 1, attached and incorporated; and
WHEREAS, the City Commission wishes to approve and authorize execution of Amendment
No. 1 to the Settlement Agreement;
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 herein as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute Amendment No. 1, in substantially the
attached form, to the Settlement Agreement, dated as of January 27, 2005, and approved by
Resolution No. 05-0076, adopted January 27, 2005, in the cases of 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.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
City of Miami Page 1 of 2 Printed On: 5/1/2007
File Number: 07-00565
APPROVED AS TO FORM AND CORRECTNESS:
JOK E l_. FERNANDEZ/fi
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.
City of Miami Page 2 of 2 Printed On: 5/1/2007