HomeMy WebLinkAboutR-05-0388City of Miami
Legislation
Resolution: R-05-0388
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00499 Final Action Date: 6/9/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA
FOUR -FIFTHS AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING,
ACCEPTING THE PROPOSED STIPULATED FINAL JUDGMENT AND JOINT
MOTION FOR ITS ENTRY, FOR ACQUISITION OF THE TITLE TO THE
PROPERTIES AS DESCRIBED HEREIN, IN CONNECTION WITH THE
DEVELOPMENT OF LITTLE HAITI PARK; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN OCCUPANCY AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY
THE ATTACHED FORM, FOR SAID PROPERTIES LOCATED AT 212 NORTHEAST
59TH TERRACE, 211 NORTHEAST 59TH STREET AND 215 NORTHEAST 59TH
STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN THE AGREEMENT
BETWEEN THE CITY OF MIAMI AND OWNERS OF SAID PROPERTIES, ERS
PROPERTIES, INC., A FLORIDA FOR -PROFIT CORPORATION AND SIGMUND O.
SCHICKMAN, AN INDIVIDUAL ("COLLECTIVELY PARTIES"), IN COMPLIANCE
WITH THE MEMORANDUM OF SETTLEMENT ENTERED INTO ON MAY 16, 2005,
BY THE PARTIES RESULTING FROM MEDIATION PURSUANT TO A COURT
ORDER; ALLOCATING FUNDS IN THE AMOUNT OF $1,966,000, FROM THE $255
MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FOR
THE COST OF SAID ACQUISITION INCLUSIVE OF THE COST OF ATTORNEY'S
FEES AND EXPENSES, SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS,
TITLE INSURANCE, DEMOLITION, AND FENCING.
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 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 Nos., 04-26596, 04-26598 and 04-26600 for
entry of an Order of Taking to acquire title to the properties located at 212 Northeast 59th Terrace,
211 Northeast 59th Street, and 215 Northeast 59th Street, Miami, Florida ("Properties") in advance of
final judgment; and
WHEREAS, on May 16, 2005, as a result of the mediation, the City, ERS Properties, Inc., a
Florida for -profit corporation and Sigmund O. Schickman (collectively "Parties") agreed to a
Memorandum of Settlement to acquire title to the Properties in connection with the development of
Little Haiti Park; and
WHEREAS, the average of the two appraisals established One Million Five Hundred Six
Thousand Five Hundred Dollars ($1,506,500) as the fair market value for the Properties; and
WHEREAS, the purchase price exceeds the appraised value by One Hundred Four Thousand
Dollars ($104,000); and
City of Miami
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File Number: 05-00499 Enactment Number: R-05-0388
WHEREAS, the attorney fees for ERS Properties, Inc., and Sigmund O. Schickman
("Condemnees") in the amount of Two Hundred Sixty -Two Thousand Seven Hundred Fifty Dollars
($262,750), as provided in the Memorandum of Settlement, attached and incorporated "Exhibit B,"
were calculated and measured as provided in Florida Statute 73.092(1); and
WHEREAS, the Parties established One Hundred Twenty -Seven Thousand Five Hundred Dollars
($127,500) as compensation for moving expenses; and
WHEREAS, it is a condition precedent to the validity of the settlement and its execution that the
City Commission approve the settlement by a greater majority of a 4/5ths vote of its members; and
WHEREAS, failing such approval the Memorandum of Settlement shall be automatically null and
void without the necessity of further action by either party; and
WHEREAS, the proposed stipulated final judgment provides a period of extended possession in
favor of the Condemnees and requires the Parties to execute an Agreement, in substantially the
attached form; and
WHEREAS, the period of extended possession permits the Condemnees to continue operating
on the Properties, subject to the terms of the Agreement, for a period not to exceed November 15,
2005;
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
reference and incorporated as if fully set forth in this Section.
Section 2. The proposed stipulated final judgment and joint motion for its entry, for acquisition of
the title to the Property in connection with the development of Little Haiti Park, is accepted.
Section 3. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City
Manager is authorized{1} to execute an Agreement, in substantially the attached form, for said
Properties, as legally described in the Agreement between the Parties, in compliance with the
Memorandum of Settlement entered into on May 16, 2005, by the Parties resulting from mediation
pursuant to a court order, with funds allocated in the amount of $1,966,000, from the $255 Million
Homeland Defense/Neighborhood Improvement bond for the cost of said acquisition inclusive of the
cost of attorney's fees and expenses, surveys, appraisals, environmental reports, title insurance,
demolition, and fencing.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
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File Number: 05-00499 Enactment Number: R-05-0388
{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.
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