HomeMy WebLinkAboutR-23-0349City of Miami
Resolution R-23-0349
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14399 Final Action Date: 7/27/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A SETTLEMENT AGREEMENT IN THE MATTER OF 1000
BRICKELL, LTD., ET AL., V. CITY OF MIAMI, MIAMI-DADE COUNTY CIRCUIT
COURT, CASE NO. 2014-11755-CA-01, INCLUDING CITY OF MIAMI V. 1000
BRICKELL, LTD., THIRD DISTRICT COURT OF APPEAL, CASE NO. 3D22-
1897; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
SPONSOR(S): Commissioner Sabina Covo
WHEREAS, the predecessor to 1000 Brickell, Ltd. ("1000 Brickell") deeded to the City of
Miami ("City") in 1974 (the "1974 Deed") the Parcels for use as public parks; and
WHEREAS, the 1974 Deed contained an automatic reverter clause providing that "if any
part of the property... shall ever be used for purposes other than public park purposes," then it
"shall automatically and immediately terminate, and all right, title and interest in and to such
property shall thereupon revert to the grantor;" and
WHEREAS, the City initially used the Parcels for a public park and, thereafter, in 1999
requested permission to use a limited portion of the Parcels for seating of a neighboring
restaurant to which 1000 Brickell consented; and
WHEREAS, the City later allowed the restaurant to expand its footprint and erect
improvements; and
WHEREAS, 1000 Brickell filed suit to enforce the deed and its automatic reverter clause,
seeking to reclaim the Parcels; and
WHEREAS, following almost nine (9) years of litigation with 1000 Brickell, where both
the circuit court and third district court of appeals have ruled in favor of 1000 Brickell, the City
wishes to abandon its litigation, settle the matter, and allow 1000 Brickell to put the Parcels into
service for a use other than as a public park after a minimum public use term for public park
purposes provided for in the agreement; and
WHEREAS, the agreement shall allow for the swift reopening of the Parcel for the public
enjoyment and activation; and
WHEREAS, the agreement shall also include, inter alia, a requirement that 1000 Brickell
indemnify, defend, and hold harmless the City from all claims related to the agreement in an
amount up to $750,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 14399 (Revision:) Printed On: 7/10/2025
File ID: 14399 Enactment Number: R-23-0349
Section 1. The recitals and findings contained in the Preamble of the Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission approves the attached settlement agreement and
hereby directs the City Manager and City Attorney to take all such action required thereunder.
Section 3. The City Manager is authorized' to negotiate and execute a license
agreement by and between the City and 1000 Brickell for the use of Northern Parcel as a park
for a minimum term of eighteen (18) months subject to approval by the City Attorney as to form
and legal correctness.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, 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: 14399 (Revision:) Printed on: 7/10/2025