HomeMy WebLinkAboutCRA-R-09-0024 Cover Memo•
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SOUTHEAST OVERTOWN/PARK WEST
AND OMNI
COMMUNITY REDEVELOPMENT AGENCIES
INTER -OFFICE MEMORANDUM
SEOPW & Omni Boards of Commissioners Meeting
April 27, 2009
Item # 6
To: Board Chair Michelle Spence -Jones Date: April 17, 2009 File: 09-00423
and Members of the CRA Board
From: James H. Villacort
Executive Direction
r^L)
Subject: Resolution Authorizing Dismissal of Billboard
Litigation.
References:
Enclosures: Supporting Documentation; Legislation
BACKGROUND:
It is recommended that the Board of Commissioners of the Southeast Overtown/Park West Community
Redevelopment Agency ("CRA") approve and adopt the attached Resolution 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 ("litigation"), in exchange for payment of $80,000 from Clear Channel Outdoor, Inc.
("CCO").
On June 16, 2003, CRA conveyed property at 936 N.W. 3rd Avenue, Miami, Florida, to J.E.J. Properties, Inc.
The deed included a restriction providing that "[f]or a period of ten (10) years, . the [p]roperty must be used
solely as a parking lot." Notwithstanding the deed restriction, J.E.J. Properties, Inc. permitted CCO to place an
advertising billboard on the property.
On May 3, 2005, the CRA instituted litigation for enforcement of the deed restriction. J.E.J. Properties, Inc.
could relocate the billboard to an adjacent property approximately 20 feet to the east and be in compliance with
the deed restriction. The cost of relocating the billboard is approximately $80,000. In lieu of relocation, CCO
has proposed paying the CRA $80,000 in exchange for dismissal of the litigation.
JUSTIFICATION:
While the billboard is perceived to have a detrimental effect on the aesthetics of the area, the fact that it could
legally be relocated to a site only a few feet away militates towards the acceptance of a payment to the CRA in
lieu of relocation.