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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00360 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO: (I) EXECUTE A SETTLEMENT
AGREEMENT BETWEEN THE CITY OF MIAMI, THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA")
AND MIAMI-DADE COUNTY, FLORIDA (THE "SETTLEMENT AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, TO SETTLE THE PENDING LITIGATION
STYLED CITY OF MIAMI, ETAL., PLAINTIFFS VS. MIAMI-DADE COUNTY,
DEFENDANT, CASE NO. 07-46851 CA 31, 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 AND TAKE ANY AND ALL ACTION REQUIRED TO.
IMPLEMENT THE SETTLEMENT AGREEMENT INCLUDING, WITHOUT
LIMITATION, DISMISSAL OF THE PENDING LITIGATION, THE EXECUTION OF
THE CITY DEED AND CITY RELEASE AS SAID TERMS ARE DEFINED IN THE
SETTLEMENT AGREEMENT AND EXCHANGING RELEASES WITH MIAMI-DADE
COUNTY, FLORIDA, AND THE CRA.
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 the County, 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 the
County, (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 CA 08, filed in the Eleventh Judicial Circuit in and for Miami -Dade
County 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 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 CA 31 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 manner
which will result in the Property being conveyed to the CRA for selection of a developer, requiring
conveyance to the developer(s) prior to commencement of construction, and subject to the Property
being developed in a timely manner pursuant to the Declaration and the Block 36 Declaration, as
defined in, and which are attachments to, the Settlement Agreement; and
City of Miami Page 1 of 2 File Id: 13-00360 (Version: 11 Printed On: 3/19/2013
File Number: 13-00360
WHEREAS, it is in the best interest of the City to settle the Pending Litigation which will enable the
CRA to obtain title to the Property to enable the CRA to cause developers to develop the Property;
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. The City Manager is authorized{1} to: (i) execute a Settlement Agreement between the
City, the CRA and the County (the "Settlement Agreement"), in substantially the attached form, to
settle the Pending Litigation; and (ii) execute any and all documents required and take any and all
action required to implement the Settlement Agreement including, without limitation, dismissal of the
Pending Litigation, the execution of the City Deed and City Release, as said terms are defined in the
Settlement Agreement, and the exchange of releases with the County, and the CRA.
Section 3. This Resolution shall be effective immediately upon its adoption and signature of the
Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} 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 Manzi
Page 2 of 2 File Id: 13-00360 (Version: 1) Printed On: 3/19/2013