HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2050
TO BE DEFERRED.
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING SETTLEMENT OF ALL CLAIMS AND DEMANDS IN THE CASE OF 1000
BRICKELL, LTD., F/K/A 1000 BRICKELL, INC., AND KAI PROPERTIES, LTD. V. CITY OF
MIAMI, CASE NO. 14-11755 CA 23, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA, PURSUANT TO THE TERMS OF THE SETTLEMENT
AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE
SETTLEMENT AGREEMENT.
WHEREAS, 1000 Brickell, Inc. conveyed two (2) parcels of land to the City of Miami
("City") in 1974 that are located at 20 Southeast 10th Street ("South Parcel") and 25 Southeast
10th Street ("North Parcel") pursuant to a single warranty deed that later became known as the
Allen Morris Park; and
WHEREAS, the warranty deed for the parcels included a restriction that the parcels were
to be used for public park purposes and all rights, title and interest in the property would revert
to the grantor in the event any part of the properties were used for any purpose other than
public park purposes; and
WHEREAS, on or about June 27, 2013, the City passed resolutions declaring the South
Parcel as surplus, re -zoning the parcel from a public park and recreation to an urban central
business district, and approving its conveyance to a private party, Brickell Flatiron, LLC; and
WHEREAS, the grantor contends it withdrew its consent to the transfer of the South
Parcel when Brickell Flatiron assigned its rights under the contract to a third party, Regents Park
Investments, LLC; and
WHEREAS, the City did not convey the South Parcel to a private party and contends the
South Parcel is still used as a public park; and
WHEREAS, on or about May 5, 2014, 1000 Brickell Ltd., as successor in interest to
1000 Brickell, Inc., initiated a lawsuit against the City in the Circuit Court in and for Miami -Dade
County, Florida, styled 1000 Brickell, Ltd., f/k/a 1000 Brickell, Inc., and Kai Properties, Ltd., v.
City of Miami, Case No. 14-11755 CA 23, which lawsuit alleged claims for declaratory and
injunctive relief pertaining to the deed restriction for the South Parcel; and
WHEREAS, 1000 Brickell, Ltd., contends the City violated the deed restriction by
approving the zoning change and authorizing the conveyance of the South Parcel to a private
party; and
City of Miami Page 1 of 2 File ID: 2050 (Revision:) Printed On: 1/21/2025
File ID: 2050 Enactment Number:
WHEREAS, the City and 1000 Brickell, Ltd., have agreed to a Settlement Agreement
with terms negotiated by the Department of Real Estate and Asset Management that provides
that the City will convey the North Parcel to 1000 Brickell, Ltd., and retain the South Parcel as a
park and that the City and 1000 Brickell, Ltd. will enter a profit participation agreement for a real
estate development project which will utilize the North Parcel; and
WHEREAS, the City, 1000 Brickell, Ltd., and Kai Properties, Ltd., have agreed to
execution of a written Settlement Agreement memorializing the terms of the settlement, to be
executed by 1000 Brickell, Ltd., and the City Manager; and
WHEREAS, the Office of the City Attorney has investigated this lawsuit and
recommends settlement;
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 if fully set forth in this Section.
Section 2. The City Commission authorizes the settlement of all claims and demands in
the case of 1000 Brickell, Ltd., f/k/a 1000 Brickell, Inc., and Kai Properties, Ltd., v. City of Miami,
Case No. 14-11755 CA 23, pending in the Circuit Court in and for Miami -Dade County, Florida,
pursuant to the terms of the Settlement Agreement.
Section 3. The City Manager is authorized' to execute the Settlement Agreement, in
substantially the attached form, and all necessary documents, in a form acceptable to the City
Attorney, for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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 City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 2050 (Revision:) Printed on: 1/21/2025