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HomeMy WebLinkAboutR-73-03801 RffT:nla 5-23-73 • RESOLUTION NO. 745N°2101, A RESOLUTION AUTHORIZING THE CITY ATTORNEY OF THE CITY OF MIAMI TO ENTER INTO AN AGREED ORDER IN THE CASE OF E.H.G. FINANCIAL CORPORATION VS. CITY OF MIAMI, CASE NOS. 73-998 AND 73-1017 IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA. WHEREAS, the City of Miami is the defendant in a suit filed by E. H. G. Financial Corporation challenging the City's right to require a 70 foot dedication along Brickell Avenue for a service road; and WHEREAS, the Public Works Department of the City of Miami has stated the necessity for the development of this service road and recommended settlement which will protect the future development of the service road; and WHEREAS, the Planning Department recommends a settle- ment of the court case subject to certain conditions; and WHEREAS, the Planning Department has entered into negotiations with E.H.G. Financial Corporation and has reached an agreement with them; and WHEREAS, the proposed settlement by the Planning De- partment and the developer follows the recommendations of the Urban Development Review Board; and WHEREAS, the City Attorney also recommends the settle- ment as described by the Planning Department; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the City Attorney of the City of Miami is authorized to enter into an agreed order in the case of E.H.G. Financial Corporation vs. City of Miami, Case Nos. 73-998 and 73-1017 in the Circuit Court of the llth Judicial Circuit in and for Dade County, Florida, on the following terms as recommended by the Urban Development Review Board and the Planning Department and is shown on the revised project plans: 1) The developer agrees that the heights of the buildings will be staggered. 2) The developer will provide a hammock like setting surrounding the interior pool area with substantial landscaping and trees to be planted in the pool plaza area. 3) The developer will place substantial shade trees in the perimeter and interior plant wells on the site. 4) The developer will dedicate the 70 foot right-of- way to the City of Miami with all costs of improvements and landscaping to be borne by the developer. 5) The developer will be governed by the same regu- lations and controls as those set out in Ordinance No. 6871 Article XXI-1 planned area development (PAD). 6) The developer will be allowed a Floor Area Ratio of 2.36. PASSED AND ADOPTED this Ian' day of , 1973. PREPARED AND APPROVED BY: R. , HARRIS TURNER ASSISTANT CITY ATTORNEY OHN S. LLOYD USSISTANT TO DIRECTO BY: AP H. Re TEIN, I A CTNE a : 3-3,f0