HomeMy WebLinkAboutCRA-R-13-0021 LegislationCity of Miami
Legislation
CRA Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00347 Final Action Date:
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENT
AUTHORIZING THE EXECUTIVE DIRECTOR TO (i) ENTER INTO A SETTLEMENT
AGREEMENT WITH THE CITY OF MIAMI AND MIAMI-DADE COUNTY, FLORIDA
(THE "SETTLEMENT AGREEMENT") TO SETTLE THE PENDING LITIGATION
STYLED CITY OF MIAMI, ET AL., PLAINTIFFS VS. MIAMI-DADE COUNTY,
DEFENDANT, CASE NO. 07-46851 CA31, PENDING IN THE CIRCUIT COURT OF
THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA (THE "PENDING LITIGATION"); AND (ii) EXECUTE ANY AND ALL
DOCUMENTS REQUIRED TO IMPLEMENT THE SETTLEMENT AGREEMENT
INCLUDING, WITHOUT LIMITATION, DISMISSAL OF THE PENDING LITIGATION,
THE EXECUTION OF THE DECLARATION AND THE BLOCK 36 DECLARATION AS
SAID TERMS ARE DEFINED IN THE SETTLEMENT AGREEMENT AND
EXCHANGING RELEASES WITH MIAMI-DADE COUNTY, FLORIDA.
WHEREAS, Miami -Dade County, Florida (the "County") claimed that title to Block 45 and Block
56, NORTH, CITY OF MIAMI, according to the Plat thereof recorded in Plat Book "B", at Page 41,
of the Public Records of Miami -Dade County, Florida, and portions of Block 36, P.W. WHITE'S
RESUBDIVISION, according to the Plat thereof, recorded in Plat Book "B", at Page 34 of the
Public Records of Miami -Dade County, Florida (collectively, the "Property") reverted from the
Southeast Overtown/Park West Community Redevelopment Agency (the "CRA") to the County as
a result of the failure of the CRA to cause the Property to be developed within the timeframe
contained in the deed originally conveying title to the Property from the County to the City of Miami
(the "City"); and
WHEREAS, the County filed suit against the City and the CRA styled Miami -Dade County,
Plaintiff vs. City of Miami and Southeast Overtown/Park West Community Redevelopment Agency,
as Defendants, Case No. 01-13810 CA08, filed in the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida seeking to enforce its rights that title to the Property had reverted to
the County (the "County Litigation"); and
WHEREAS, the City and the CRA contested that the title to the Property has reverted to the
County and claimed that the County wrongfully recorded deeds conveying the Property to the
County which had been deposited into escrow with the County, which claims were raised in that
action styled City of Miami, et al., vs. Miami -Dade County, Case No. 07-46851 CA31 filed in the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida (the "Pending Litigation"); and
WHEREAS, the City, the County and the CRA desire to resolve the Pending Litigation in a
matter which will result in the Property being vested in the CRA subject to the Property being
developed in a timely manner; and
WHEREAS, it is in the best interest of the CRA to settle the Pending Litigation and obtain title
City of Miami Page 1 of 2 File 1d: 13-00347 (Version: 11 Printed On: 3/15/2013
File Number: 13-00347
to the Property to enable the CRA to cause developers to develop the Property.
NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY:
Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby
incorporated by reference and made a part hereof.
Section 2. The Board of Commissioners hereby authorizes the Executive Director to execute
the Settlement Agreement with the City of Miami and Miami -Dade County, substantially in the form
of Exhibit "A" attached hereto and made a part hereof.
Section 3. The Board of Commissioners hereby authorizes the Executive Director to execute
any and all documents required to implement the Settlement Agreement, including without
limitation, the execution of the CRA Release, the Declaration and the Block 36 Declaration, as said
terms are defined in the Settlement Agreement, and take any and all actions required to
implement the terms of the Settlement Agreement.
Section 4. This resolution shall be effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
William R. Bloom, Special Counsel
City of Miami Page 2 of 2 File Id: 13-00347 (Version: 1) Printed On: 3/15/2013