HomeMy WebLinkAboutCRA-R-09-0024 Legislation11
1.
11
4 ii .1 0 _
/,4 �.
[f� 4'l:0
City of Miami
Legislation
CRA Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.rniamigay.cam
File Number: 09-00423 Final Action Date:
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
III Redevelopment Agency v. J.E.J. Properties, Inc. and Shirlene Ingraham, Case No. 05-09022 CA 11,
City of Miami
Page I of 2 Printed On: 4120/2009
File Number: 09-00423
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.
APPROVED AS TO FORM AND CO' r ECTNESS:
JULIE O. BRU
GENERAL COUNSEL
Citj' of Manzi Page 2 of 2 Printed On: 4/20/2009