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Home My WebLink AboutR-88-0391J-88-447 4/28/88 RESOLUTION NO. 49-391 A RESOLUTION AUTHORIZING AN OFFER OF JUDGMFNT OF TWO MILLION EIGHT HUNDRED AND FIFTY-SIX THOUSAND AND ONE DOLLARS ($2,856,001.00) IN THE EMINENT DOMAIN ACTION STYLED CITY OF MIAMI VS. FROHOCR, CASE NO. 87-46264. WHEREAS, the City Commission adopted Resolution No. 87-903, authorizing, through eminent domain "quick take" proceedings, the acquisition of a parcel of land located at approximately 104 Northwest lst Avenue; and WHEREAS, the acquisition of the above described property was necessary for purposes of widening and realigning Northwest 1st Avenue from Northwest 1st to Northwest loth Streets in the proposed Southeast Overtown Community Redevelopment Plan, as amended; and WHEREAS, the government center traffic plan approved by Dade County called for the improvement of Northwest 1st Avenue; and WHEREAS, an Offer of Judgment is a pleading that, if accepted, allows judgment to be taken against the person refusing the offer in the amount of the offer contained therein; and WHEREAS, an Offer of Judgment is designed to encourage settlement of lawsuits, thus, resulting in a potential monetary savings to the City; and WHEREAS, if the party to whom the offer is made does not accept the Offer of Judgment and the jury awards less than that figure, than said party is not entitled to any attorney's fees and costs after the date that the Offer of Judgment is initially made; and WHEREAS, the herein proposed Offer of Judgment is supported by appraisals on the subject property; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: OWN -now _ CITY COXWsSION MEETING OF 1.77" ,3 1985 88'.391 MOW, Section 1. Metropolitan Dade County, as the City's agent in the eminent domain proceedings on acquisition of this property, is hereby authorised to make an Offer of Judgment in City -of Miami vs. Frohock, Case No. 87-46264, in the amount of Two Million Eight Hundred and Fifty -Six and One Dollars ($ 2,856,001.00). PASSED AND ADOPTED this 28_ th _ day of April , 1988. ATTEST: ATTY HIRAI XAVIER L. SUARE AYOR City Clerk PREPARED AND APPROVED BY: i � '; t'yfl L E. MAXWELL As istant City Attorney JEM/db/M700 APPROVED AS TO FORM AND CORRECTNESS: L CIA A. OUGHERTY City Attorney - 2- SSF-391 AR►M !�—RED T MLI IT ! 1 LAW DIE PT 11hR ^ ?Ct��`P•E: 1.1011 1 1 1 me C1iv OP M►AMI. rLORMA Ii41E11.0rFICE M(MOAANOVM , P • 4; Lucia Dougherty &AVa• April 25, 1988 r"sO City Attorney L ow pt •�•I•�City of Miami vs. frohock PROM Ot«ntMCC I ow Shwrt �N•.•��„w�• Oepartment of Development Attached is a letter from Thomas Goldstein, Assistant County Attorney, concerning the filing of an of ter of Judgement in the Condemnation Case City of Miami vs. frohock (Case 'No. 117-462641. We concur with his recommendation to file an offer of Judgement of j2,866,001, which entails an addition $106,001 in land cost. It is requested that you bring this matter before the City Commission on April 28th 1n order to expedite the filing of the offer of Judgement. if you have any questions. please let me know. Attachment te: Christopher Kerv• Assistant City Attorney R8-391 Y � i #4F'�'-' - C--- Rt~ t 1/11 1 T S 1 d LAW �j�;i—•gig Tt�►t �:ee z,EPt ..� COUNTY ATTORNEY M1TRVPt)L1TAN OAOE COUNTY, PLOR1AA Suns late META00A0tCtNTIA April 20, 1066 Ttt Mw. Tot olortf MIAMI. ►t. im) at$a1�1 plc. 14At01%sw 9ChwetI t., .Ruite 400t DuPont. PIMA Centev 300 Sionayno fllvd. stay Miamir Florida 33131 Rot city of Marti vn. f'rohock Calip "o. 87-66764 Dear Mr. aoh*fart1t .- r' P.- Q .1 I am prepAring to the et motion to suL tiro nbvve-ntyleA caunn for trial, And would like to file An offer of jtl(tgment at the same time. An you know, the courts have not: an. ynt rulad on tho ApplicAhility of offortr of judgment in omtnent domain vaet!e, however, we foot that legally we are correct in our opinion that. offorR of lodgment do apply in eminurtt domain canon. An you Are aware, An offer. of )ttdgment is .t plradinq thwt, If Accepted, allows Judgment to be taken against the person making tbn oifor in the Amount of the offer contained therein. If the Marty does not accept the offer of judgment And the ittry Awards lames than that figure, than they Are not entitled to any nttorno •n fees and coats Aftor the elate the offer of jodgmont is Initi.alTy made. Turning your attention to payn 36 of Maik Quinl.lvan'a '- apprAisal on the stthinct property, you will nnto that ho had oAtimnted tit value between $ISO and $160 per square foot. )tin VAI%l0 conclusion WAR approximately $ISS per square foot arriving at a daposi.t figure of $2,150,00o. I would suggest that we file An offer of judgment ttsiltcl $160 per xquare foot to arrive at An Amount of $20856,000. In addition, i would Acid $1.00 to than figure mince you ere required to hAVC a figure lomR than thn offer of judgment to prevail which moans that a Jury verdict of $2,856,000 on the nono would not hnat the offer of judgment without thn additional $1.00. 1 would Also )tAvo to 6tAte to my offer of j%odfjmollt that this amount to exclusive of attornev'tt feeR, conto and interest as of the elate of Clio offer. Int.orr%t wolila 1)n calctttaLud al. Is --ar%46h from d*10 of clnnnnit to data of ttecnptance on the difference between $2.856,000 and $2,750,000, thy+ Amount of the dorosit. 88-391 ar'wOwa4!!Ip ;`�� 1''1r,��l'� Raw rEat .p._0«. me. "mkf.hCw pohwette Apttl 100 loco VASA No. 1 Please coo na At Your enrllvet eenvenionve to inform i%a 11vgjhnr qr not °RITE tnAs�n Io [Loft the affnr at Suag"Ont as In t`etftt harlt A Very traly yelirp, /Ittmem; Aeldet -in &eRiAt: ..w C'OURa" w..�..r..�u "Irk Me1. COO Cht•letophaa Kox7e, "eq. orroof of COUNvy m Iomsy. votat c*uNtY.