City To Consider License Agreement For Brickell Park

Miami commissioners are scheduled to consider a new agreement on the status of a park next to Mary Brickell Village.

The commission meeting is scheduled for May 11.

Below is a text of the proposed legislation:

WHEREAS, the predecessor to 1000 Brickell, Ltd. (“1000 Brickell”) deeded to the 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 violated the terms of the consent agreement by unilaterally allowing the restaurant to utilize the entire park footprint and erect significant permanent improvements, appropriating substantially more of the Property for its exclusive private use in exchange for substantial sums of money paid by the restaurant operator to the City; 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 and allow 1000 Brickell to put the Parcels into service for a use other than as a public park; and

WHEREAS, as consideration for the City’s agreement to abandon any further action in on-going legal proceedings with 1000 Brickell, 1000 Brickell further agrees to enter into a license agreement (the “Agreement”) with the City providing for the use of the parcel located at 25 SE 10th Street (Folio No. 01-0207-020-1070)(the “Northern Parcel”) as a private park under such terms and conditions set forth in the 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 of the Resolution are adopted by reference and incorporated as if fully set forth in this Section.

Section 2. The City Commission hereby directs the City Attorney to abandon all appeals in the matter of City of Miami v. 1000 Brickell, Ltd., Case No. 3D22-1347.

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 private park subject to approval by the City Attorney of the Agreement as to form and legal correctness.

Section 4. The City Manager is further directed and authorized to initiate and execute such FLUM and rezoning applications on behalf of the City as may be necessary to redesignate the Parcels from their present FLUM designation of Recreation and zoning transect designation of Civic Space (CS) to Restricted Commercial and Urban Core Transect Zone Open (T6-48b-O), which designations are consistent with those of properties abutting the Parcels.

Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.

 

The park in 2018:

67 Comments
most voted
newest oldest
Inline Feedbacks
View all comments
Anonymous
6 months ago

this little park adds character and breaks up the concrete masses surrounding it – let it be open for all to enjoy!

Anonymous
6 months ago

When it ends up being closed for development sometime in the future, you can thank the City and Perricone’s for blatantly violating the Consent Agreement and relinquishing ownership of this space.

Anonymous
6 months ago

No!

Anonymous
6 months ago

So, when that happens, who should we blame?

Anonymous
6 months ago

A lease shouldn’t be necessary but if for some reason the City doesn’t win on appeal, It would be better just to use eminent domain to buy it, take out a mortgage loan and pay it off over time. A “lease” is a waste of resources.

Attorney
6 months ago

You have literally no clue what you’re talking about. 🙄

Snon
6 months ago

This is Miami! Why would we make it a public park when a commissioner’s friend/family member could get a sweetheart deal to run their business there?

Anonymous
6 months ago

Because at any moment the license can be revoked and the public park could get booted (after a commissioner profits from the deal) – no we don’t want this.

bob art guy
6 months ago

Brickell is one of the main drivers of the new and cool Miami. This little park add charm and character to the area and has an added value to Brickell. If they build on it. It will be a great lose and it will effect the whole vibe of the place. We need this park. Do not let it go !!!!

Anonymous
6 months ago

Agree this is one of the coolest tropical oasis parks in Miami. I moved to Brickell because I was so impressed by the park and the meal that Perricones served on site. I thought it was very unique for Miami to have such an awesome elevated park, and I moved here… then Periconnes left and the park closed 😔I’m disappointed the park could be taken away by the original donor’s descendants based on an abstract legal theory.

Anonymous
6 months ago

What’s the abstract legal theory?

Socretes
6 months ago

#1. Allen Morris’ children are extrordinarily active in the community and have been been for at least 50 years. Allen Morris’ grandchildren have been active in the community for all of their lives.

#2. Thanks for moving to Brickell, Mr. Anonymous. Welcome!
Take a few minutes and thank Allen Morris, his children, and his grandchildren for making it nice for you and welcoming you into their home.

Perhaps you should buy some land and do with it what you want to do.

Anonymous
6 months ago

A private park vs a public park? I’ll be happy if it remains a park in the concrete jungle of Brickell in any form.

Anon
6 months ago

“WHEREAS, as consideration for the City’s agreement to abandon any further action in on-going legal proceedings with 1000 Brickell, 1000 Brickell further agrees to enter into a license agreement (the “Agreement”) with the City providing for the use of the parcel located at 25 SE 10th Street (Folio No. 01-0207-020-1070)(the “Northern Parcel”) as a private park under such terms and conditions set forth in the Agreement.”

So it seems the developer will let them keep it as a park only it will be owned by the developer and the City will pay them as part of a license agreement.

Anonymous
6 months ago

Correct. And as with any license agreement, the license will be revocable.

Anonymous
6 months ago

Is the license agreement revocable? We all saw what happened when Swire has a private park, it was just a placeholder for future development. Dropping the appeal would give up all leverage… what makes this as close to permanent as possible?

Anonymous
6 months ago

Why doesn’t the city just zone the area to have to be used as a park, whomever owns, licenses or maintains (the existing park that is owned by the City.)

Anonymous
6 months ago

Come back to reality, please.

A Nonymous
6 months ago

That would be considered a government “taking” for which the city would have to pay compensation.

Anonymous
6 months ago

It’s not a taking if the city currently owns it, right?

Anonymous
6 months ago

The ownership is in dispute. Besides, even if the ownership wasn’t in dispute, the city rezoning the property would cause the property to automatically revert to the grantor.

Anonymous
6 months ago

the government? this is a local simple issue with City of Miami.

M s
6 months ago

That would be illegal. It would be inconsistent with the neighboring lots zoning

Socretes
6 months ago

Google “Burt Harris Act” and learn about private property rights are important in Florida.
And Google “Private property rights” and why they are fundamental to the United States of America.

Anonymous
6 months ago

They are going to lose the appeal if they continue that route. Did you read the article? The city went beyond the Consent Agreement and let Perricone’s use the entire park.

Anonymous
6 months ago

The grant was vague and should be interpreted in the interest of the public, reasonable minds seemed to disagree about what is a “park purpose,” and whether that includes allowing an a neighboring outdoor vendor to serve food on the park land.

There’s enough evidence to show that the park was widely known to be a park. I don’t think it’s fair that a former city officials mistake, if it was one, should strip the current city from the right to continue using it as a lark.

Anonymous
6 months ago

What you think is fair is not relevant here. It’s very clear that the City violated the Consent Agreement and all the judges who have looked at this agree.

Anonymous
6 months ago

The grant was vague only to the deliberately obtuse.

Anon
6 months ago

Liked this because I read “to be deliberately obtuse.”

KISS Principle
6 months ago

You’re soft, an agreement is an agreement. Two consenting parties. Honor your word, plain and simple.

Frank
6 months ago

They’re changing the future land use (FLUM) from recreational open space to a developable site.

Anon
6 months ago

Swire’s “private park” is just their land that they left as grassy and open for now, they can use it as they want in the future as long as it conforms with land use regulations. You can’t just wish something stays a park. In the case of this pocket park in Mary Brickell Village, it’s clear the city just f’d up completely … typical. Now it’s on the “owners” to be generous or be dicks … clearly the original intent was for this to be a park, but maybe some current generation just wants to be greedy.

Socretes
6 months ago

Not necessarily.
This site is not “developable” in any meaningful way.

Clearly, the City of Miami has not been the best steward of this “park”. #1. They let Perricone’s use it as an auxillary dining room. #2. They let CitizenM use it as a staging area for their construction site.

In both cases, the City of Miami violated the intentions of the property owner, and was not a good steward of the property.

Knowing the Allen Family, they are not likely in this for greed. Lawsuits are costing them money. I don’t know their motivations here, but it is likely that they are disappointed with the way the City has mismanaged this gift and want to take control of it in a better way.

Thomas
6 months ago

Stop building everywhere you see empty lots, save spaces and make parks for the people.

Frank
6 months ago

What a joke… this City never ceases to amaze.

Kitty w
6 months ago

This is all proposed. Nothing is fully executed and consented to nor is anything recorded. Don’t get your hopes up kids.

Tom
6 months ago

As a billionaire who lives Miami to buy it( undercover) and keep it a park with a modest plaque saying thank you from the citizens of this great city.,.,,,,

Anonymous
6 months ago

2023: a ton of Billionaires now (what use to be Millionairs are now simple Billionairs) so calm down
Money doesn’t change life nor the rights or wrongs

Anonymous
6 months ago

Glad to see this additional information. Seems a LOT of commenters were completely off the mark last week. The city DID allow that sub-par Italian restaurant to operate on much more of the park than some of those commenters were suggesting. Those of us who lived around there when Perricone’s was here remember it well. Did the city attorney fail his Property course?

“The City… violated the terms of the consent agreement by unilaterally allowing the restaurant to utilize the entire park footprint and erect significant permanent improvements, appropriating substantially more of the Property for its exclusive private use in exchange for substantial sums of money paid by the restaurant operator to the City.”

Azarius
6 months ago

Thank You!! Everyone is on here crying b/c we need more green space but there was an agreement that the city violated!! It was clear rom the beginning that if used for other than a public park then it reverts. IT WAS WRITTEN! SO let them build!!

Anon
6 months ago

Of course the commissioners get to decide!

Lechozo
6 months ago

i don’t get it. While Perricone was there, nobody complained. Only after Perricone moves out, they complain about the use they gave to it?

Socretes
6 months ago

Correct! You do not get it.

There is an article that is written just above the commnents section….in the article, you will notice that this litigation has been ongoing for 9 years.

Soooo…..While Perricone’s was there someone WAS complaining.

Keep up.

Anonymous
6 months ago

As long as we allow city leadership to have conflicting interests —such as Mayor Francis Suarez whose VC firm is a significant investor in ISG Realty and benefits from this heavy development in Brickell and other areas of Miami—the citizens of the city will never have their interests fairly represented.

Anonymous
6 months ago

As soon as they open the park private or public. It will be full of dogs peeing and pooping. and some homeless will get some good use as well

Anonymous
6 months ago

The dog poop argument is getting old. It’s better dogs poop in a park than on the sidewalks.

Anonymous
6 months ago

No, it’s better for dog owners to pick up the fucking shit and leash their dogs.

Anonymous
6 months ago

Put our doggy bags and add dog poop spots every few blocks.

Anonymous
6 months ago

I see doggy bags every few blocks already. The issue is the mentality of the people in this city. No bueno.

Anonymous
6 months ago

I think we need better role models. Mayor Suarez could be good. He should do a public service announcement on picking up the dog poop while announcing a new dog park

– we want to see him actually pick up the poop on his Instagram, to make it trendy 👌

Frank
6 months ago

A lot of times they’re empty. Also, Brickell needs more public trash cans, at least one at each intersection. I see a lot of dog shit picked up in green bags, but then thrown in a pile at the Triangle Park south of Flatiron. It’s disgusting.

Anonymous
6 months ago

yep. same pepitos that have no idea that a blinker helps to indicate a future turn

anon
6 months ago

it’s better these shameless transplants pick up after their shi tzu princess dogs that poop everywhere and leave the streets of brickell smelling like a sewer.

Anon
6 months ago

I think most people in Miami are transplants, whether it’s Cuba or San Francisco.

Anonymous
6 months ago

60 years now born at North Shore and now on Brickell… don’t assume that

Anonymous
6 months ago

North Shore Hospital in North Miami.

Confused
6 months ago

Are you saying that we just shouldn’t have parks at all then? [smh]

Anonymous
6 months ago

If this site was to be developed, it should have been included with the land that hideous CitizenM hotel stands today. Hopefully this lawsuit drags on to the point it’s ripe for the wrecking ball.

Norm the pizza guy
6 months ago

Just need to be sure the park is available for all to enjoy and won’t be turned over to drug addicts and the psychotic.

Tom
6 months ago

True, but the added expense to keep park pleasant is worth it…. Every great city prides itself on parks.

Cover the Podiums
6 months ago

This is too small for a park. Let’s find a bigger space and come up with the funding. We need a proper square/green space in brickell

More Public Green Spaces
6 months ago

There’s already so little green space left in the area. And what is left of it has been purchased in hopes of developing the parcel into luxury rental apartments (regardless of where or who it affects).

Socretes
6 months ago

Is green space preferable to blue space?

Personally, I like walking in Brickell from SE 15th Rd all the way to the Brickell Bridge in the morning when the sun is rising over Fisher Island, and the dolphins are swimming peacefully.

It is great the Brickell boarder a US National Park called Biscayne Bay National Park.

Socretes
6 months ago

Yeah! Maybe we can call it Brickell Park, or Simpson Park, or the Underline, or South Pointe Park or something catchy like those names.

Azarius
6 months ago

Let them build! There are more spots that could be conserved for a park. Like in front of Flatiron or Simpson Park

don shula
6 months ago

those are all pre-existing parks lol

Azarius
6 months ago

Reason why they should build “WHEREAS, the City later violated the terms of the consent agreement by unilaterally allowing the restaurant to utilize the entire park footprint and erect significant permanent improvements, appropriating substantially more of the Property for its exclusive private use in exchange for substantial sums of money paid by the restaurant operator to the City”