You are on page 1of 2

Summary of 2nd Lawsuit filed by David Winker on January 22, 2019

The City of Miami passed a resolution that provides an exception for competitive bidding that
includes approximately 131 acres described as follows:

(e) waive competitive bidding to negotiate and execute a Ground Lease and Master
Development Agreement with Miami Freedom Park, LLC, for a total lease term of
ninety-nine (99) years, for approximately seventy-three (73) acres of City-owned
property located generally at 1400 Northwest 37th Avenue, Miami, Florida 33125, also
known as Melreese County [sic] Club…

further requiring MFP to undertake the remediation and Site development for a public
park of approximately fifty-eight (58) acres to be developed on property adjacent to the
Demised Property as MFP’s sole cost, with any restrictions, reversions, and retention by
the City of all other rights including at least a one (1%) transfer fee payable to the City,
with such Lease and Master Development Agreement requiring City Commission
approval by a four-fifths (4/5ths) vote.

Therefore, subsection (e) allows the City of Miami Commission to, by a fourth/fifths vote, waive
the competitive bidding requirements of Section 29-B for a long term lease of certain property to
Miami Freedom Park, LLC.

Specifically, it allows them to lease “seventy-three (73) acres of City-owned property located
generally at 1400 Northwest 37th Avenue” and “58 acres to be developed on property adjacent”.

Which totals 131 acres.

The problem is that MELREESE COUNTRY CLUB takes up approximately 157 acres of the
185 acres that constitute the entire city property currently occupied by the golf course, the
waterpark and the baseball fields bordered by 37th Ave on the East, 42nd Ave on the West, 836 on
the South and the Airport on the North.

This consists of four pieces of property:

2 small pieces running along the canal on the north end of the property by the airport

The property addressed as 1400 NW 37 Avenue with Folio # 01-3132-000-0080 consisting of


approximately 131 acres

and

The property addressed as 1500, 1550, 1600, 1800 and 1822 NW 37 Avenue with Folio# 01-
3132-000-0090 consisting of approximately 48 acres

Folio# 01-3132-000-0090 runs along 37th Ave and holds the water park, the baseball fields, the
Melreese Clubhouse, the First Tee Classroom and the driving range. The water park and
baseball fields and water park take up approximately 21 of the 48 acres and are not intended to
be part of the lease.

Therefore, there are approximately 27 acres of land on the north end of Folio# 01-3132-000-
0090 that is not accounted for in subsection (e).

So why is this important?

Neither subsection (e) nor any other part of the CHARTER gives any indication as to which
“seventy-three (73) acres of City-owned property located generally at 1400 Northwest 37th
Avenue” and “58 acres to be developed on property adjacent” of the approximately 157 acres of
MELREESE COUNTRY CLUB subsection (e) applies. It is impossible for anyone to read
subsection (e) (or any other part of the Charter) and draw on a map where the 73 acres and the 58
acres are located.

As a result, subsection (e) is likely unenforceable as a law that is “vague and ambiguous”.

or

A possible interpretation of subsection (e) would be that the “seventy-three (73) acres of City-
owned property located generally at 1400 Northwest 37th Avenue” and “58 acres to be
developed on property adjacent” covers only the property actually addressed as 1400 NW 37
Ave, which is Folio number 01-3132-000-0080 and just so happens to consists of 131 acres of
land.

This interpretation excluding the Melreese Clubhouse and First Tee Building and driving range
(see attached picture) along 37th Avenue could likely be fatal to the project, because Miami
Freedom Park, LLC would not have access to the property from 37th Avenue thus necessitating
all ingress and egress to be along NW 14 street and/or Le Juene which would be a traffic
nightmare larger than what is already anticipated.

And they will be blocked from placing higher elevation buildings on the North portion of the
property. It is my understanding that this is the portion of the property in which the FAA will
allow the tallest buildings.

David Winker, Esq.


305 801 8700