Miami-Dade Legislative Item
File Number: 091137
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File Number: 091137 File Type: Resolution Status: Adopted
Version: 0 Reference: R-425-09 Control: Board of County Commissioners
File Name: SETTLEMENT WITH BLACK ARCHIVES HISTORY Introduced: 4/16/2009
Requester: County Attorney Cost: Final Action: 4/21/2009
Agenda Date: 4/21/2009 Agenda Item Number: 13A1SUBSTITUTE
Notes: Title: RESOLUTION AUTHORIZING THE CONVEYANCE OF COUNTY-OWNED PROPERTY LOCATED BETWEEN NW 8TH STREET AND NW 9TH STREET IN BLOCK 36 IN MIAMI-DADE COUNTY TO THE BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC., FOR THE EXPANSION OF THE LYRIC THEATER IN CONNECTION WITH THE PARTIAL SETTLEMENT OF A PENDING LAWSUIT; AND AUTHORIZING THE COUNTY MAYOR TO EXECUTE A COUNTY DEED FOR SUCH PURPOSE [SEE ORIGINAL ITEM UNDER FILE NO. 091082]
Indexes: SETTLEMENT AGREEMENT
Sponsors: Audrey M. Edmonson, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/21/2009 13A1 SUBSTITUTE Adopted P

County Manager 4/16/2009 Additions 4/21/2009

County Attorney 4/16/2009 Assigned Debra Herman

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE CONVEYANCE OF COUNTY-OWNED PROPERTY LOCATED BETWEEN NW 8TH STREET AND NW 9TH STREET IN BLOCK 36 IN MIAMI-DADE COUNTY TO THE BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC., FOR THE EXPANSION OF THE LYRIC THEATER IN CONNECTION WITH THE PARTIAL SETTLEMENT OF A PENDING LAWSUIT; AND AUTHORIZING THE COUNTY MAYOR TO EXECUTE A COUNTY DEED FOR SUCH PURPOSE

BODY
WHEREAS, Lyric Theater, built in 1913 and located at 819 NW 2nd Avenue in the heart of the Historic Overtown Folklife Village, is the oldest theater remaining in Miami-Dade County; and
WHEREAS, the historic Lyric Theater is owned and operated by the Black Archives History and Research Foundation of South Florida, Inc., a not-for-profit organization; and
WHEREAS, Miami-Dade County Department of Cultural Affairs has been working with the Black Archives in connection with the proposed expansion of the theater, to remedy space constraints of the original facility; and
WHEREAS, two of the three phases of the Lyric Theater renovation project have been completed, and the final phase requires an expansion of the facility in order to make the Lyric Theater fully operational; and
WHEREAS, Miami-Dade County already has committed $10 million dollars for the Lyric Theater’s renovation and expansion; and
WHEREAS, the expansion of the Lyric Theater would require the conveyance to the Black Archives of County-owned property located between NW 8th Street and NW 9th Street in Miami-Dade County, as legally described in the County Deed attached hereto as Exhibit “A,” and incorporated herein, including forty feet running along the westernmost boundary of Block 36, Lots 46, 43, 38, 35, 30, 27, 22, 19, 14, and 11, as well five feet of an adjoining alley vacated by the City of Miami; and
WHEREAS, the referenced property is contained within a larger area of property that is the subject of litigation filed against Miami-Dade County in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Case No. 07-46851 (CA-31), wherein the City of Miami and the Southeast Overtown/Park West Community Redevelopment Agency (the “CRA”) are disputing Miami-Dade County’s ownership of the property; and
WHEREAS, Miami-Dade County, the City of Miami, and the CRA have mutually expressed support for the Lyric Theater expansion project, and for the conveyance of such property to the Black Archives for such purpose; and
WHEREAS, Miami-Dade County, the City of Miami, and the CRA seek to release this portion of the property from the lawsuit, without prejudice to their respective positions in the litigation,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board ratifies and adopts those matters set forth in the foregoing recitals; that this Board approves the conveyance of the property legally described in Exhibit “A” to the Black Archives History and Research Foundation of South Florida, Inc. for the expansion of the Lyric Theater in partial settlement of a pending lawsuit; and that this Board authorizes the County Mayor to execute a County Deed, in substantially the form attached hereto as Exhibit “A” and made a part hereof.

OTHER
EXHIBIT A

Instrument prepared by and returned to:
Debra Herman, Assistant County Attorney
Miami-Dade County Attorney’s Office
Stephen P. Clark Center
111 N.W. 1st Street, Suite 2810
Miami, Florida 33128-1993


A portion of the following Folio Number(s): 01-0103-060-1060
01-0103-060-1120
01-0103-060-1180
01-0103-060-1230

COUNTY DEED

THIS DEED, made this day of , 200 by MIAMI-DADE COUNTY, a Political Subdivision of the State of Florida, party of the first part, whose address is: Stephen P. Clark Center, 111 NW 1 Street Suite 17-202, Miami, Florida 33128-1963 (“Grantor”), and the Black Archives, History and Research Foundation of South Florida, Inc., party of the second part (“Grantee”), whose address is 5400 NW 22 Avenue, Building C, Suite 101, Miami, Florida.
WITNESSETH:
That the said party of the first part, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged has granted, bargained and sold to the party of the second part, his or her heirs and assigns forever, the following described land lying and being in Miami-Dade County, Florida:

The West 40 feet of Lots 11, 14, 19, 22, 27, 30, 35, 38, 43 and 46 of Block 36 of P.W.
White’s Resubdivision, recorded in Plat Book B, at Page 34 of the Public Records of
Miami-Dade County, Florida, together with all right, title and interest, if any, of Grantor
in the East 5 feet of the 10 foot alley adjacent to Lots 11, 14, 19, 22, 27, 30, 35, 38, 43
and 46 of Block 36 of P.W. White’s Resubdivision, recorded in Plat Book B, at Page 34
of the Public Records of Miami-Dade County, Florida.


This grant conveys only the interest of the County and its Board of County Commissioners in the property herein described and shall not be deemed to warrant the title or to represent any state of facts concerning the same.

This conveyance is made subject to the restriction that the Grantee shall have “commenced construction” within five (5) years of the date hereof and that such property shall be utilized solely for the construction and use of capital additions and/or improvements to the Lyric Theater. The phrase “commenced construction” shall mean that all required construction and development permits have been issued on a complete set of plans, and that actual physical construction work is taking place on the property on a continuing basis. Failure to comply with this restriction, or use of such property for any other purpose, shall result in the forfeiture of all monetary investments and physical improvements by automatic reverter of the property back to Miami-Dade County, subject to any unresolved claims of ownership by the City of Miami and the Southeast Overtown/Park West Community Redevelopment Agency pending in City of Miami and the Southeast Overtown/Park West Community Redevelopment Agency v. Miami-Dade County, Case No. 07-46851 CA 31, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida.

IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Mayor of said Board, the day and year aforesaid.
(OFFICIAL SEAL)


ATTEST: MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
HARVEY RUVIN, CLERK COUNTY COMMISSIONERS


By: ____________________________ By: __________________________
Deputy Clerk Mayor


Approved for legal sufficiency: __________


The foregoing was authorized by Resolution No. approved by the Board of County Commissioners of Miami-Dade County, Florida, on the day of , 200 .
















Substitute
Agenda Item No. 13(A)(1)
Page No. 3


Substitute
Approved Mayor Agenda Item No. 13(A)(1)
Veto __________ 4-21-09
Override __________



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