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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00751a
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
SUBJECT TO THE WITHDRAWAL WITH PREJUDICE OF THE GARNISHMENT
PROCEEDINGS DIRECTED AGAINST THE CITY OF MIAMI AND SUNTRUST
BANK PENDING IN THE LAWSUIT STYLED, JACKSON SQUARE, LLC VS.
WAGNER SQUARE, LLC AND WAGNER SQUARE I, LLC, PENDING IN THE
CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO.: 09-60042 CA 25, APPROVING THE
SETTLEMENT AGREEMENT BETWEEN DREW M. DILLWORTH (TRUSTEE OF
THE BANKRUPTCY ESTATE OF WAGNER SQUARE, LLC), THE CITY OF MIAMI,
DEBRA SINKLE KOLSKY (AS TRUSTEE FOR THE DEBRA SINKLE KOLSKY
TRUST), JACKSON SQUARE, LLC, REDEVCO CIVIC CENTER, LLC, WAGNER
SQUARE I, LLC, AND WAGNER SQUARE III, LLC, DATED JULY 10, 2012,
ATTACHED AND INCORPORATED BY REFERENCE, FULLY RESOLVING THE
RELATED CASES STYLED, IN RE WAGNER SQUARE, LLC, CASE NO.:
12-20659-LMI, AND IN RE WAGNER SQUARE I, LLC, CASE NO.: 12-24697-LMI,
BOTH PENDING IN THE UNITED STATES BANKRUPTCY COURT, SOUTHERN
DISTRICT OF FLORIDA, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE SAID APPROVAL.
WHEREAS, the creditors of Wagner Square, LLC, and Wagner Square I, LLC, filed involuntary
petitions in the United States Bankruptcy Court, Southern District of Florida, Case Nos: 12-20659-LMI,
and 12-24697-LMI, in which the City of Miami appeared through outside counsel to protect its
interests; and
WHEREAS, the sale of the certain portion of the Properties as described below to the United
States Department of Veterans Affairs pursuant to the Settlement Agreement described below will also
serve a public purpose and is in compliance with City of Miami Charter Section 29-B to implement
projects of another govemment agency; and
WHEREAS, outside counsel and the City Attorney's Office recommends that said proceedings
be settled on the terms detailed in the Settlement Agreement, dated July 10, 2012, attached hereto
and incorporated by reference (hereinafter the "Settlement Agreement");
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION 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 as fully set forth in this Section.
Section 2. Subject to the withdrawal with prejudice of the garnishment proceedings directed
against the City of Miami and SunTrust Bank pending in the lawsuit styled, Jackson Square, LLC vs.
Wagner Square, LLC and Wagner Square I, LLC, pending in the Circuit Court of the 11th Judicial
City of Miami
12-00751a.- Le
Page 1 of 2 File Id: 12-00751a (Version: 1) Printed On: 7/12/2012
File Number 12-00751a
Circuit in and for Miami -Dade County, Florida, Case No.: 09-60042 CA 25, the Settlement Agreement
between Drew M. Dillworth. (Trustee of the Bankruptcy Estate of Wagner $quare, LLC), the City of
Miami, Debra Sinkle Kolsky (as Trustee for the Debra Sinkle Kolsky Trust), Jackson Square, LLC,
Redevco Civic Center, LLC, Wagner Square I, LLC, and Wagner Square III, LLC, dated July 10, 2012,
attached and incorporated herein by reference, fully resolving the related cases styled, In re Wagner
Square, LLC, Case No.: 12-20659-LMI, and In re Wagner Square I, LLC, Case No.: 12-24697-LMI,
both pending in the United States Bankruptcy Court, Southern District of Florida ("Bankruptcy Court"),
is hereby approved, and the City Manager is hereby authorized to execute a general release of all
claims as detailed in the Settlement Agreement.
Section 3. Further, subject to necessary approval by the Bankruptcy Court, authorizing the City
Manager to execute all necessary agreements, instruments, and other documents to implement the
Settlement Agreement as follows: (1) the consent to the sale of certain real property described herein
regarding the Wagner Square project to the United States Department of Veterans Affairs (the "IA");
(2) the repayments, terminations and releases regarding the Department of Housing and Urban
Development's ("HUD") Section 108 loan and Note No. B-02-MC-12-0013, and the related
Brownfields Economic Development Initiatives ("BEDI") grant agreement No. B-02-BD-12-0047
(collectively, the "HUD obligations"); (3) the return of the properties designated Wagner Square I and
Wagner Square III to the City; and (4) all other related matters involving repayments to the City, the
Courts proceedings, HUD requirements, and the VA's requirements, all in connection with the
properties conveyed by the City to Wagner Square, LLC, and more particularly described as 1700
Northwest 14th Avenue, 1431 Northwest 17th Street, and 1405-07 Northwest 17th Street, Miami,
Florida (collectively the "Properties") to accomplish and to evidence the foregoing as may be required
for implementation of the Settlement Agreement and this Resolution.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU em,›
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 12-0075Ia (Version: 1) Printed On: 7/12/2012