HomeMy WebLinkAboutCRA-R-05-0001 COVER MEMOCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
CRA Board of Directors Meeting
January 27, 2005
Item 1
File 1.D.#05-00066
TO: The Chairman and Board of Directors of the Southeast Overtown/Park West
Community Redevelopment Agency
FROM: Jorge L. Fernandez, General Counsel
DATE: January 25, 2004
RE: Southeast Overtown/Parkwest Community Redevelopment Agency v.
Poinciana Village of Miami, Ltd. Case No. 02-06846 CA 9 ("Poinciana
Litigation") and City of Miami v. Sawyer's Walk, Ltd.,
Case No. 00-28860 CA 9 (the "Sawyers Walk Litigation") (File No. 05-00009)
The Poinciana Litigation involves a Lease and Development Agreement dated June 15,
1988, as amended, between the City of Miami and Poinciana Village of Miami, Ltd.
("Poinciana"), for development of the Poinciana Village Project in Overtown. The Lease and
Development Agreement was subsequently assigned by the City of Miami to the CRA.
The Sawyer's Walk Litigation involves a request for proposals issued by the City of
Miami for the development of three city blocks in Overtown (the "Sawyer's Walk Project").
Sawyer's Walk, Ltd. ("Sawyers Walk") was the sole respondent to the request for proposals.
The Miami City Commission selected Sawyer's Walk as the project developer, subject to
Sawyer's Walk complying with the terms and conditions of City of Miami Resolution No. 91-509.
The City of Miami subsequently conveyed the Sawyer's Walk project to the CRA.
Disputes have arisen between Sawyer's Walk, Poinciana, the CRA and the City
regarding both the Poinciana Village Project and the Sawyer's Walk Project.
The attached resolution seeks authorization for the CRA to enter into a settlement
agreement with Poinciana, Sawyer's Walk, and the City of Miami to enable Sawyer's Walk to
proceed with the development of the Sawyers Walk Project and the balance of the Poinciana
Village Project. As set forth in the Settlement Agreement, when certain contingencies are
satisfied, Sawyer's Walk and the CRA will enter into a long term lease with respect to the
Sawyer's Walk and Poinciana Village Projects at which time the Sawyer's Walk Litigation and
the Poinciana Litigation will be dismissed with prejudice. If the contingencies are not satisfied,
the City of Miami and the CRA will have the option of pursuing the litigation or paying $6.5
million dollars in settlement of both the Sawyer's Walk Litigation and the Poinciana Litigation.
The City Attomey's office and the Department of Risk Management have investigated
and evaluated this case and have approved this recommendation of settlement.
/jhv
Attachments
cc: Frank K Rollason, Executive Director
Priscilla A. Thompson, Clerk of the Board