HomeMy WebLinkAbout2024-086-2160_-_Miami_Gardens_V._BSD_of_Miami_Gardens_LLC_-_Adopted.docxRESOLUTION NO. 2024-086-2160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, AUTHORIZING THE RESOLUTION OF
LITIGATION RELATING TO AN ESCROW DEPOSIT IN THAT
CERTAIN CASE STYLED CITY OF MIAMI GARDENS V. BSD OF
MIAMI GARDENS LLC AND WILLIAM SEGAL, P.A., CASE NO.
2023-019286-CA-01; PROVIDING FOR INSTRUCTIONS TO THE
CITY ATTORNEY AND THE CITY MANAGER; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, City Attorney is recommending that the City Council authorize the City
Attorney and City Manager to resolve the litigation relating to an escrow deposit in the
lawsuit styled City of Miami Gardens v. BSD of Miami Gardens LLC and William Segal,
P.A., Case No. 2023-019286-CA-01, and
WHEREAS, the City and BSD of Miami Gardens LLC (“BSD”) entered into a
Redevelopment Agreement (“Agreement”) regarding the development of the property
owned by BSD located at 17300 NW 7th Ave, Miami Gardens (Parkway Hospital site),
and
WHEREAS, pursuant to the Agreement, BSD would pay an agreed amount to the
City in exchange for the release of liens held by the City and deposit Six Hundred and
Fifty Thousand Dollars ($650,000.00) as cash collateral, and
WHEREAS, BSD was to obtain a temporary or final certificate of use within thirty-
three (33) months of the Agreement, and if BSD obtained the temporary or final certificate
of use by the deadline, the Escrow Agent was to disburse the sum of One Hundred and
Fifty Thousand Dollars ($150,000.00) to the City and the remaining balance to BSD, and
WHEREAS, if BSD did not timely obtain the certificate of use, the Escrow Agent
was to disburse the full Six Hundred and Fifty Thousand Dollars ($650,000.00) to the City,
and
WHEREAS, BSD paid the agreed upon amount to release the liens however prior
to the thirty-three (33) month deadline, BSD sold the property to the Haimov Group, and
WHEREAS, the City notified BSD and the Escrow Agent of the failure to obtain
the certificate of use and demanded disbursement of the Six Hundred and Fifty Thousand
Dollars ($650,000.00) cash collateral pursuant to the Agreement, however, BSD objected
and the Escrow Agent refused to disburse the funds, and
WHEREAS, City Attorney commenced litigation against BSD and the Escrow
Agent arising from the parties’ refusal to release the cash collateral deposit, and
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Resolution No. 2024-086-2160
WHEREAS, the City Attorney is recommending that the City Council authorize the
City Attorney and City Manager to resolve the litigation by having the current escrow agent
release the sum of Five Hundred and Eighty-Two Thousand and Five Hundred Dollars
($582,500.00) to the City and the remaining Sixty-Seven Thousand and Five Hundred
Dollars ($67,500) to BSD,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes a resolution of litigation relating to an escrow deposit in that certain
case styled City of Miami Gardens v BSD of Miami Gardens LLC and William Segal, P.A.,
Case No. 2023-019286-CA-01 by directing that the current escrow agent release the sum
of Five Hundred and Eighty-Two Thousand and Five Hundred Dollars ($582,500.00) to
the City and release the remaining Sixty-Seven Thousand and Five Hundred Dollars
($67,500) to BSD. The City Council further authorizes the City Attorney and City Manager
to take all steps necessary for this purpose.
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON JUNE 12, 2024.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
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Resolution No. 2024-086-2160
Moved by: Councilman Stephens
Seconded by: Councilman Leon
VOTE: 6-0
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Absent
Councilman Leon Yes
Councilwoman Stephens, III Yes
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