HomeMy WebLinkAboutR-12-0252City of Miami
Legislation
Resolution: R-12-0252
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00751a Final Action Date: 7/12/2012
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 CA25, 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 government 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
Page 1 of 2 File Id: 12-00751a (Version: 21 Printed On: 11/22/2017
File Number: 12-00751a Enactment Number: R-12-0252
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 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 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 "VA");
(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
Court's 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}
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: 12-00751a (Version: 21 Printed On: 11/22/2017