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.