HomeMy WebLinkAboutCRA-R-05-0001 LEGISLATIONCity of Miami
Legislation
CRA Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miamlfl.us
File Number: 05-00066 Final Action Date:
A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), AUTHORIZING
THE EXECUTIVE DIRECTOR TO EXECUTE A SETTLEMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH POINCIANA VILLAGE OF
MIAMI, LTD., SAWYER'S WALK, LTD., AND THE CITY OF MIAMI IN THE CASES
STYLED CITY OF MIAMI V. SAWYERS 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,
BOTH PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI DADE-COUNTY, FLORIDA; SAID SETTLEMENT TO
REQUIRE SAWYER'S WALK, LTD. TO PROCEED WITH THE DEVELOPMENT OF
THE SAWYER'S WALK PROJECT AND THE BALANCE OF THE POINCIANA
VILLAGE PROJECT IN ACCORDANCE WITH THE TERMS OF THE
SETTLEMENT AGREEMENT, AND, IF CERTAIN CONTINGENCIES ARE
SATISFIED, RESULT IN SAWYER'S WALK AND THE CRA ENTERING INTO A
LONG TERM LEASE WITH RESPECT TO THE SAWYER'S WALK PROJECT AND
THE POINCIANA VILLAGE PROJECT IN FULL. AND COMPLETE SETTLEMENT
OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND
THE CRA, AT WHICH TIME THE SAWYER'S WALK LITIGATION AND THE
POINCIANA LITIGATION SHALL BE DISMISSED WITH PREJUDICE, ALL AS
MORE PARTICULARLY SET FORTH IN THE SETTLEMENT AGREEMENT;
FURTHER PROVIDING THAT, IF THE CONTINGENCIES ARE NOT SATISFIED,
THE CITY OF MIAMI AND THE CRA SHALL HAVE THE OPTION OF PURSUING
THE SAWYERS WALK LITIGATION AND THE POINCIANA LITIGATION OR
PAYING $6,600,000 IN FULL SETTLEMENT OF BOTH THE SAWYER'S WALK
LITIGATION AND THE POINCIANA LITIGATION.
WHEREAS, the City of Miami and the Southeast Overtown/Park West Community Redevelopment
Agency ("CRA") filed a declaratory judgment action against Sawyer's Walk, Ltd. ("Sawyer's Walk')
styled City of Miami v. Sawyer's Walk, Ltd., Case No. 00-28860 CA 9 pending in the '11 th Judicial
Circuit in and for Miami -Dade County, Florida (the 'Sawyer's Walk Litigation'); and
WHEREAS, Sawyer's Walk has filed counterclaims against the City of Miami and the CRA in the
Sawyer's Walk Litigation; and
WHEREAS, the CRA filed a complaint for ejectment and quiet title against Poinciana Village of
Miami, Ltd. (Poinciana Village'"} styled Southeast Overtown/Park West Community Redevelopment
Agency v. Poinciana Village of Miami, Ltd., Case No. 02-06846 CA 9 pending in the 11th Judicial
Circuit in and for Miami -Dade County, Florida (`Poinciana Litigation"); and
WHEREAS, Poinciana Village has filed counterclaims against the City of Miami and the CRA in the
City of Mfg
Page 1 ff2 Printed On. 1/262005
File Number. 05.00066
Poinciana Litigation; and
WHEREAS, the Poinciana Litigation and the Sawyer's Walk Litigation have been administratively
consolidated; and
WHEREAS, both claims and lawsuits have been investigated by CRA General Counsel who
recommends that the Poinciana Litigation and the Sawyer's Walk Litigation be settled in accordance
with the terms of the Settlement Agreement attached hereto;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTHEAST
OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY 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 Executive Director is authorized and directed to execute a Settlement Agreement in
substantially the attached form between Sawyer's Walk, Poinciana Village, the CRA, and the City of
Miami, which shall require Sawyer's Walk to proceed with the development of the Sawyer's Walk
Project and the balance of the Poinciana Village Project in accordance with the terms of the
Settlement Agreement and, if certain contingencies are satisfied, result in Sawyer's Walk and the CRA
entering into a long term lease with respect to the Sawyer's Walk Project and the Poinciana Village
Project in full and complete settlement of any and all claims and demands against the City of Miami, at
which time the Sawyer's Walk Litigation and the Poinciana Litigation shall be dismissed with prejudice,
all as more particularly set forth in the Settlement Agreement; and further providing that, if the
contingencies are not satisfied, the City of Miami and the CRA shall have the option of pursuing the
Sawyer's Walk litigation and the Poinciana Litigation or paying $6,500,000.00 in full settlement of both
the Sawyer's Walk Litigation and the Poinciana Litigation.
Section 3. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this day of , 2005.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
GENERAL COUNSEL
City of Mann
Page 2 of 2 Printed On: 1/26/2005