HomeMy WebLinkAbout12-00824 ResolutionCity of Miami
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CRA Resolution
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File Number: 12-00824 Final Action Date: 9/13/2012
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE
"CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A
SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH
MIAMI-DADE COUNTY (THE "COUNTY") AND THE CITY OF MIAMI (THE "CITY")
TO RESOLVE THE DISPUTE BETWEEN THE CRA, THE CITY AND THE COUNTY
REGARDING OWNERSHIP OF BLOCK 45 AND BLOCK 56, NORTH CITY OF
MIAMI, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK "B', AT
PAGE 41 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND
PORTIONS OF BLOCK 36 OF P.W. WHITES RE -SUB, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK "B" AT PAGE 34 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, WHICH THE COUNTY CLAIMS
REVERTED TO THE COUNTY; AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXECUTE AND AMEND ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN
FORM ACCEPTABLE TO THE SPECIAL COUNSEL.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA")
is responsible for carrying out community redevelopment activities and projects within its
Redevelopment Area in accordance with its approved Redevelopment Plan; and
WHEREAS, a dispute with Miami -Dade County, Florida (the "County") and the City of Miami
(the "City") regarding ownership of Block 45 and Block 56, NORTH CITY OF MIAMI, according to the
Plat thereof, recorded in Plat Book "B", at Page 41 of the Public Records of Miami -Dade County,
Florida and portions of Block 36 of P.W. Whites Re -Sub, according to the Plat thereof, recorded in
Plat Book "B", at Page 34 of the Public Records of Miami -Dade County, Florida, which the County
claims reverted to the County; and has prevented the CRA from proceeding with redevelopment
activities with respect to the property affected by the following lawsuits (the "Pending Litigation"):
(i) Action styled City of Miami, et al., vs. Miami -Dade County, Case No. 07-46851 CA 31,
filed in the 11th Judicial Circuit in and for Miami -Dade County, Florida.
(ii) Action styled Miami -Dade County, Plaintiff, vs. City of Miami and Southeast
Overtown/Park West Community Redevelopment Agency, Defendants, Case No. 01-
13810, filed in the 11th Judicial Circuit in and for Miami -Dade County, Florida.
WHEREAS, it is in the best interest of the CRA to resolve the Pending Litigation in accordance
with the terms of the Settlement Agreement in substantially the attached form (the "Settlement
Agreement") with the City and the County; and
WHEREAS, the Board of Commissioners wish to authorize the Executive Director to execute
the Settlement Agreement in substantially the form attached and further authorizing the Executive
Director to execute all documents necessary to implement the Settlement Agreement in substantially
City of Miami Page 1 of 2 File Id: 12-00824 (Version: 1) Printed On: 11/1/2022
File Number: 12-00824
the form attached to the Settlement Agreement and any amendments thereto that the Executive
Director deems appropriate to implement the Settlement Agreement in form acceptable to the Special
Counsel.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY:
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 Executive Director is hereby authorized to execute the Settlement Agreement
in substantially the form attached and further authorized to execute all documents necessary to
implement the Settlement Agreement in substantially the form attached to the Settlement Agreement
and any amendments thereto that the Executive Director deems appropriate to implement the
Settlement Agreement in form acceptable to the Special Counsel.
Section 3. This resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
William R. Bloom
SPECIAL COUNSEL
City of Miami Page 2 of 2 File Id: 12-00824 (Version: 1) Printed On: 11/1/2022