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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.rniami.fl.wi
File Number: 05-00491 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN OCCUPANCY
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND NEW BETHANY BAPTIST MISSION, INC., A
FLORIDA NOT -FOR -PROFIT CORPORATION, FOR THE PROPERTY LOCATED
AT 6311-6329 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS
LEGALLY DESCRIBED IN SAID AGREEMENT, IN CONNECTION -WITH THE
ENTRY OF THE ORDER OF TAKING ENTERED INTO ON FEBRUARY 16, 2005,
BY THE HONORABLE RONALD M. FRIEDMAN TO ACQUIRE TITLE TO THE
PROPERTY IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI
PARK.
WHEREAS, pursuant to its authority under Chapters 73 and 166, Florida Statutes, the City of
Miami ("City") filed a petition in eminent domain to acquire the real property located at 6311-6329
Northeast 2nd Avenue, Miami, Florida ("Property"), described in the Occupancy Agreement
("Agreement"), attached hereto as "Exhibit A"; and
WHEREAS, pursuant to its authority under Chapter 74, Florida Statutes, the City petitioned the
Circuit Court of the Eleventh Judicial Circuit in Case No. 04-24598, for entry of an Order of Taking to
acquire title to the Property in advance of final judgment; and
WHEREAS, the Honorable Ronald M. Friedman granted the City's petition on February 16, 2005,
by entering an Order of Taking, attached hereto as "Exhibit B," whereby the City would acquire title to
the Property upon timely deposit of its estimated value; and
WHEREAS, the City timely deposited into the Court Registry, Nine Hundred Thousand Dollars
($900,000), the amount specified in the Order of Taking, thereby acquiring title in advance of final
judgment subject to the later resolution through negotiation, mediation, or trial of full compensation
payable to New Bethany Baptist Mission, Inc., a Florida Not -for -Profit Corporation ("Condemnee"); and
WHEREAS, the Order of Taking imposes a period of extended possession in favor of the
Condemnee and requires the parties to execute an Agreement in a form to be approved by the Court;
and
WHEREAS, the period of extended possession permits the Condemnee to continue operating and
conducting those activities in the same manner as it did prior to entry of the Order of Taking, subject to
the terms of 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 to this Resolution are adopted by
City ofMiami Page 1 of
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File Number: 05-00491
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute an Agreement, in substantially the
attached form, between the City and the Condemnee, for the Property, as legally described in said
Agreement, in connection with the entry of the Order of Taking entered into on February 16, 2005, by
the Honorable Ronald M. Friedman to acquire title to the Property in connection with the development
of Little Haiti Park.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 5/24/2003