HomeMy WebLinkAboutCRA-R-05-0011 Cover MemoCRA Board of Directors Meeting
February 28, 2005
Item #4
SOUTHEAST OVERTOWN/PARK WEST
AND OMNI
COMMUNITY REDEVELOPMENT AGENCIES
INTER -OFFICE MEMORANDUM
i oo: Chairman Johnny L. Winton
and Members of the CRA Board
Date: February 18, 2005 File: 05-00123
Subject: Resolution Authorizing Conveyance of
Omitted Land from Original Settlement
From: Fra. Rollason References:
Executive Director
Enclosures: Resolution;
Supporting Documentation
RECOMMENDATION:
It is recommended that the Board of Directors of the Southeast Overtown/Park West Community
Redevelopment Agency (SEOPW CRA) approve and adopt the attached Resolution authorizing the conveyance
of two parcels of land, as identified within the Resolution, which were inadvertently left out of the Settlement
Agreement approved on April 28, 2004 and executed on July 22, 2003 between St. John Community
Development Corporation, the City of Miami, and the SEOPW CRA with respect to the Lyric Village project.
JUSTIFICATION:
On April 28, 2003, the SEOPW Board of Directors approved the Settlement Agreement with St. John
Community Development Corporation concerning the Request for Proposals (RFP) issued by the CRA in 1998
and the subsequent proposal submitted by the Joint Venture of St. John CDC and Lyric Village Housing, Inc.
This settlement contemplated that the CRA would convey to St. John CDC, a parcel of property which was
described in Exhibit "F" (copy attached) to the Settlement Agreement. As part of the settlement documents, the
CRA executed a Special Warranty Deed conveying the property as described in Exhibit "F" by the terms of the
Settlement Agreement, Apparently, while St. John CDC obtained a title insurance commitment and policy with
respect to the property conveyed by the CRA, they never obtained a survey of the property to confirm that the
legal description was correct. St. John was under the impression that the legal description included the omitted
parcels. Based on the Settlement Agreement, it was the intention of the parties for the CRA to convey the land
required for St. John's development project and not just the two parcels that were conveyed. Unfortunately, the
CRA did not realize that St. John CDC desired the additional parcels to be included as part of the settlement
and St. John CDC failed to discover that all the property that it desired to acquire was not included in Exhibit "F"
to the Settlement Agreement. Therefore, it is recommended that the SEOPW Board of Directors authorize the
conveyance of the additional property to St. John CDC subject to the same requirements as contained in the
original Special Warranty Deed — that the property would automatically revert to the CRA in the event that the
mixed use development has not commenced on the property within six years of June 12, 2003 (June 12, 2009).
NO FISCAL IMPACT — PART OF SETTLEMENT AGREEMENT.
FKRIeh