HomeMy WebLinkAboutsummary formDate: 5/13/2005
AGENDA ITEM SUMMARY FORM
FILE ID: as -owl!
PH.4
Requesting Department: Economic Development
Commission Meeting Date: 6/9/2005 District Impacted: 5
Type: CO Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Execution of an Occupancy Agreement for the property located at 6311-6329 NE 2"d Avenue'
Miami, Florida, in compliance with the order of taking entered into on February 16, 2005,
Purpose of Item:
Authorizing the City Manager to execute an Occupancy Agreement for the property located at 6311.
6329 NE 2"d Avenue, Miami, Florida ("Property"), as described in the Occupancy Agreement
between the City of Miami ("Condemnor") and New Bethany Baptist Mission, Inc., A Florida Not -
For -Profit Corporation ("Condemnee"), in connection with the entry of the order of taking entered
into on February 16, 2005 by Honorable Ronald M. Friedman to acquire title to the Property in
connection with the development of Little Haiti Park.
Background Information:
Pursuant to its authority under Chapters 73 and 166, Florida Statutes, the City filed a petition in
eminent domain to acquire the real property described in the Occupancy Agreement. 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. The Honorable Ronald M. Friedman granted the City's petition on
February 16, 2005 by entering an Order of Taking, whereby the City would acquire title to the
Property upon timely deposit of its estimated value. 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 the Condemnee. The Order of Taking imposes a
period of extended possession in favor of the Condemnee and requires the Parties to execute an
occupancy agreement in a form to be approved by the Court. 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 Occupancy Agreement.
Budget Impact Analysis
NO Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
Paee 1 of 2
Final Approvals
(sigki AND DATE'
CIP Budget ►" f IT
If using or receiving capital fun
Grants N
Risk Management
Purchasing r1 R Dept. Director
Chief .00
r L: City Manager
Subject: Execution of an Occupancy Agreement for the property located
at 6311-6329 NE 2nd Avenue, Miami, Florida, in compliance with the order
of taking entered into on February 16, 2005.
Paee 2 of 2