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HomeMy WebLinkAboutCRA-R-09-0018 Legislation (Signed)City of Miami Legislation CRA Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-00052 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), AUTHORIZING A PARTIAL SETTLEMENT IN THE CASE OF CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY V, MIAMI-DADE COUNTY, CASE NO. 07-46851 CA 31, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CONVEYING CERTAIN PROPERTY FOR THE EXPANSION OF THE LYRIC THEATER, AND AUTHORING EXECUTION OF AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC., REGARDING THE CONVEYANCE OF CERTAIN ADDITIONAL PROPERTY FOR THE EXPANSION OF THE LYRIC THEATER AND CONVEYING CERTAIN PROPERTY TO THE CRA FOR THE PRESERVATION OF THE LYRIC PLAZA. WHEREAS, an December 31, 2007, the City of Miami ("City") and the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") instituted an action against the County, styled City of Miami and Southeast Overtown/Park West Community Redevelopment Agency v. Miami -Dade County, Case No, 07-46851 CA 31, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, seeking declaratory and injunctive relief on the basis that the County had wrongfully reverted title to Blocks 36, 45, and 56 in Overtown ("reverter litigation"); and WHEREAS, The Black Archives, History and Research Foundation of South Florida, Inc. ("Black Archives") had previously appeared before the Board of Commissioners of the CRA requesting conveyance of certain portion of Block 36 to facilitate the expansion of the Lyric Theater at 819-29 N.W. 2nd Avenue, Miami, Florida; and WHEREAS, in order to allow the Lyric expansion to proceed, the County, the City, and the CRA, and the Black Archives have proposed a settlement involving release of a portion of the property in the reverter litigation, transfer of certain additional property to the Black Archives, and conveyance by the Black Archives to the CRA of certain parcels needed to preserve the Lyric Plaza; and WHEREAS, the Board of Commissioners wishes to authorize partial settlement in accordance with the terms of the documents attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK 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. City q%rlliarn7 1'rrge_ / of 2 Primer( On: 3/21/2009 File Number: 09-00052 Section 2. The Board of Commissioners authorizes partial settlement in the case of City of Miami and Southeast Overtown/Park West Community Redevelopment Agency v. Miami -Dade County, Case No. 07-46851 CA 31, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, and authorizes execution of an agreement, in substantially the attached form, with The Black Archives, History and Research Foundation of South Florida, Inc., regarding the conveyance of certain additional property for the expansion of the Lyric Theater and conveying certain property to the CRA for the preservation of the Lyric Plaza. Section 3. This Resolution shall become effective immediately upon its adoption, APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU 14 GENERAL COUNSEL A Ciq! of";llianal Peke 2 al 2 Printer) On 3/24/2009