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HomeMy WebLinkAboutCRA-R-09-0024City of Miami Legislation CRA Resolution: CRA-R-09-0024 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-00423 Final Action Date: 4/27/2009 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, WITH ATTACHMENT(S), AUTHORIZING DISMISSAL OF THE CASE STYLED SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY V. J.E.J. PROPERTIES, INC. AND SHIRLENE INGRAHAM, CASE NO. 05-09022 CA 11, IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, IN EXCHANGE FOR PAYMENT OF $80,000 FROM CLEAR CHANNEL OUTDOOR, INC. WHEREAS, on June 16, 2003, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") conveyed, by quit -claim deed, property at 936 N.W. 3rd Avenue, Miami, Florida, to J.E.J. Properties, Inc., which included a deed restriction providing that "[f]or a period of ten (10) years, ... the [p]roperty must be used solely as a parking lot;" and WHEREAS, notwithstanding the deed restriction, J.E.J. Properties, Inc. permitted Clear Channel Outdoor, Inc. ("CCO") to place an advertising billboard on the property; and WHEREAS, on May 3, 2005, the CRA instituted an action against J.E.J. Properties, Inc., and Shirlene Ingraham, styled Southeast Overtown/Park West Community Redevelopment Agency v. J.E.J. Properties, Inc. and Shirlene Ingraham, Case No. 05-09022 CA 11, in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, for enforcement of the deed restriction ("litigation"); and WHEREAS, J.E.J. Properties, Inc. could relocate the advertising billboard to an adjacent property approximately 20 feet to the east and be in compliance with the deed restriction; and WHEREAS, in lieu of relocation, CCO has agreed to pay the CRA $80,000, representing the cost of relocation, provided that the CRA dismisses the litigation; and WHEREAS, the Board of Commissioners wishes to authorize dismissal of the litigation in exchange for the payment of $80,000 from CCO; 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. Section 2. Dismissal of the case styled Southeast Overtown/Park West Community Redevelopment Agency v. J.E.J. Properties, Inc. and Shirlene Ingraham, Case No. 05-09022 CA 11, City of Miami Page 1 of 2 File Id: 09-00423 (Version: 11 Printed On: 7/5/2022 File Number: 09-00423 Enactment Number: CRA-R-09-0024 in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, in exchange for payment of $80,000 from Clear Channel Outdoor, Inc., is authorized. Section 3. This Resolution shall become effective immediately upon its adoption. City of Miami Page 2 of 2 File Id: 09-00423 (Version: 1) Printed On: 7/5/2022