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Home My WebLink AboutCRA-R-07-0036 back-up361 '56 e CitCr.itu of Afiami JU! INNYI -. °.t1'll t'ha irrt., r n May 9, 2006 George M. Burgess County Manager Miami -Dade County 111 N.W. First Street, Suite 2910 Miami, Florida 33128-1994 Re: Approval of Development Agreement (Crosswinds/Sawyers Walk) Dear Mr. Burgess: tam i gi ! it VNF h. la ,A,Sf )N >+Y trots• Dire tut Enclosed please find the proposed development agreement for certain blocks in Overtown over which Miami -Dade County asserts a right of approval. Would you please submit the agreement to the Board of County Commissioners for their approval? Should you require additional information please contact Frank K. Rollason at (305) 679-6802. Veryytruly your AY 8 2006 Joe • ola Cit ager FKR: Enclosure Frank K. Rollason Executive Director c: Jorge L. Fernandez, Esq., City Attorney James H. Villacorta, Esq., Assistant City Attorney William R. Bloom, Esq., Special Counsel Tirso SanJose, Vice President, Crosswinds at Poinciana, LLC Matthew Schwartz, Urban Development Director, Crosswinds, at Poinciana, LLC SOUTHEAST OVERTOWN PARKWEST, OMNI, AND MIDTOWN s t3',t-Y1l \lll RIi3itn'.11 .I :N.l\( Y •r:i.. ],,•r '.l,.u:ri.!',,,..:.r r 77.11 EXHIBIT M County Settlement A9reement MIAMI-DADE COUNTY, a political subdivision of the State of Florida, Plaintiff VS. IN THE CIRCUIT COURT OF THE IITH JUDICIAL CIRCUIT OF FLORIDA IN AND MIAMI-DADE COUNTY GENERAL JURISDICTION.DIVISION CASE NO. 01-13810 (CA-08) CITY OF MIAMI, Florida, a Florida Municipal corporation, and SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, an agency of the State of Florida, Defendants. SETTLEMENT AGREEMENT• • Florida Bar No. 180724 Plaintiff, MIAMI-DADE COUNTY, a political subdivision of the State of Florida, and the Defendants, CITY OF MIAMI, a Florida a municipal corporation, . - and SOUTHEAST OYERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, an agency of the State of Florida, Defendants, agree to the following terms in EXHIBIT A • OFFICE OF COUNTY ATTORNEY. INIAMMDADE COUNTY, FLORIDA • Miami Dade County vs.City of Miami Case No. 01-13810 Page No. 2 MI and complete settlement of the above -designated quiet title suit: 1. The CITY OF MIAMI and SOUTHEAST OVERTOWN/pARK WEST COMMUNITY REDEVELOPMENT AGENCY will. execute quit claim deeds to MIAMI_ DADE COUNTY in the forms attached hereto as Exhibits btts 1 and 2 of this Settlement Agreement and made a part hereof for those certain lots of Block 36 of P.W. White's Reubdivision, Plat Book 'B' at Page 34 and for Lots 1 through 12 gof Blocks 45N and 56N of A. L. Knovw lton's Map of Miami, Plat Book 'B' at Page 41 (the "Property"). Said property being the subject of this quiet title suit and more particularly described on Exhibits A to the quit claim deeds attached as Exhibits 1 and 2 to this Agreement. 2. The quit claim deeds will be held by Miarni_Dade County ty General Services Administration (GSA) in escrow for a period of four (4) years said period to begin August 1, 2003 and end not later than August 1, 2007. 3. Unless the CITY OF MIAMI and/or SOUTHEAST OVER TOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY shall have or caused to have commenced construction of development on all of the Propertyby August 1, 2007, then GSA shall file the escrowed quit claim deeds in the public records of Miami-Dade County, Florida and the fee simple title to the Property shall be deemed legally 8 lY quieted in IIrIIAMI_ DADE COUNTY without further order of the Court. Alternative) should d the CITY OF MIAMI and SOUTHEAST OVERTOWN/PARK WEST CO MMUNITY REDEVELOPMENT AGENCY have commenced or caused to have commenced OFFICE OF COUNTY ATTORNEY. MIAMhOADE COUNTY. FLORIDA r• 1 Miami -Dade County vs.City of Miami Case No. 01-13810 Page No. 3 construction of development on all of the Property, the quit claim deeds will be deemed null and void and of no further legal force or effect and the deeds shall be stricken through and returned to the office of the city attorney together with a copy of this settlement agreement. In such event MIAMI DADE COUNTY shall provide the city a document, in • a recordable form, that provides that the terms of the reverter provisions have been satisfied and the reversionary interest of MIAMI-DARE COU NTY is extinguished without further order of the Court. 4. The phrase "commenced construction of development" shall mean that all required construction and development permitshave been issued on a complete set or sets of plans for a specific project or projects of one or more constructed floors of residential, commercial, retail, office or mixed us4 on all of the Property, and that actual physical p ys l construction work is taking place on a continuing basis on all of the Property. 5. In the event that any development on the Property payment u re a q yment for the Property, solely as a result of the sale of the fee simple interest in the Property, to the CITY OF MIAMI and/or SOUTHEAST OVERTOWNIPARI( WEST CO MMUNITY REDEVELOPMENT AGENCY from the chosen develo e s P r{ }, then the CITY OF MIAMI and/or SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY shall, prior to entering into any development a m gree ent(s) for the Property, submit said proposed agreement(s) to the Board of County Commissioner s for its approval prior to entering into said agreement. Upon delivery of the proposed development OFFICE OF COMM* ATTORNEY. MIAM -DADE COUNTY, FLORIDA TFLFPi4 MC r-ann. • • Miami -Dade County vs.City of Miami Case No. 01-13810 Page No. •4 agreement(s) to the County Manager, the time period identified in paragraph 3 herein shall be tolled only up to the time the Board of County Commissioners shall approve the sale under the proposed development agreement(s). 7. Resolutions of the Board of County Commissioners of Miami -Dade County, the Conunission of the City of Miami and the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY approving this settlement are attached hereto and incorporated herein by reference. DATED this day of July, 2003. ROBERT A. GINSBURG Miami -Dade County Attorney Stephen P. Clark Center Suite 2810, III N.W. First Street Miami, Florida 33128-1993 Thomas Goldstein Assistant County Attorney Attorney for Plaintiff CITY OF MIAMI ATTORNEY'S OFFICE 444 S.W. 2nd Avenue, Suite 945 Miami, Florida 33130 By: Charles C. Mays • OFFICE OF COUNTY ATTORNEY.. MANI-DADE COUNIX, FLORIO* • Miami -Dade County vs. FEC Case No. 9940100 Page No. 5 Assistant City Attorney City of Miami, Florida THOMPSON COBURN LLP One Firstar Plaza Suite 3100 St. Louis, MO 63101 aryBoii��rsi, Esquire Attorneyor Southeast Overtownl Park West Community Redevelopment Agency This Settlement Agreement has been approved on July 22, 2203, by Itesolufion No. R-879-03 of the Board of County Commissioners of Miami-Sade County, Florida. A certified copy of said resolution is attached hereto Exhibit 3. This Settlement Agreement has been approved on , 2003, by ftsolution No. of the City of Miami, Miami-Diade County, Florida. A certified copy of said resolution is attached hereto as Exhibit 4. :- This Settlement Agreement has been approved on , 2003, by Resolution No. of Southeast Overtown Park/West Community Redevelopment Agency, and agency of the State of Florida, in Miami, Miami -Dade County, Florida. A certified copy of said resolution Is attached hereto as Exhibit 5. OFFICE OF COUNTY ATTORNEY. NIAMI-DADE COUNTf. FLORIDA - - -