HomeMy WebLinkAboutExhibit 3CITY OF MIAMI, a Florida municipal
corporation,
Petitioner,
v.
NEW BETHANY BAPTIST MISSION,
INC., a Florida not -for -profit corporation,
and MIAMI-DADE COUNTY, et al.,
Respondents.
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 04-24598 CA 02
PARCEL: 92
DRAFT
STIPULATED FINAL JUDGMENT AS TO
RESPONDENT NEW BETHANY BAPTIST MISSION, INC.
This matter came before the Court upon stipulation and joint motion of Petitioner, CITY
OF MIAMI, a Florida municipal corporation ("City"), and Respondent, NEW BETHANY
BAPTIST MISSION, INC., a Florida not -for -profit corporation ("New Bethany"), for entry of
final judgment awarding possession of real property to the City and payment of full
compensation to New Bethany. The Court being fully advised in the premises, it is
ORDERED and ADJUDGED that:
1. The Court has jurisdiction over the subject matter and the parties to this cause,
including all persons and entities claiming any equity, lien, title, or other interest in or to Parcel
92, described as:
Tract "K" of Reid Acres, according to the plat thereof, as recorded
in Plat Book 50, Page 84, of the Public Records of Miami -Dade
County, Florida
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2. The City has complied with Sections 73.031 and 74.041, Florida Statutes, and has
properly served all Respondents with a Summons, Petition in Eminent Domain, Notice of Lis
Pendens, and Declaration of Taking, the originals of which have been filed by the City with the
Clerk of Court. The pleadings in this cause are sufficient and the City is properly exercising its
delegated authority for a public purpose. The Declaration of Taking filed in this cause was made
in good faith and based upon a valid appraisal.
3. New Bethany, as the former owner and current occupant of Parcel 92, shall
recover the following from the City for the taking of Parcel 92:
(a) as full compensation for property taken as well as any and all other claimsfor
damages and/or compensation with respect to the particular parcel described herein, the amount
of ONE MILLION TWO HUNDRED THOUSAND DOLLARS AND NO CENTS
($1,200,000.00); and
(b)
as reasonable attorney's fees incurred in defending this lawsuit (based upon a
$400,000.00 benefit achieved), the amount of ONE HUNDRED TWENTY THOUSAND
DOLLARS AND NO CENTS ($120,000.00), which sum shall represent full payment of all
attorney's fees under §73.092, Florida Statutes, whether benefit achieved or non -monetary based,
arising from this cause.
4. Pursuant to an Order of Taking entered by this Court on February 16, 2005, the
City has already deposited into the Registry of the Clerk of Court the amount of NINE
HUNDRED THOUSAND DOLLARS AND NO CENTS ($900,000.00).
5. Accordingly, the City shall deposit an additional FOUR HUNDRED TWENTY
THOUSAND DOLLARS AND NO CENTS ($420,000.00) into the Registry of the Clerk of
Court within 20 days of this Stipulated Final Judgment being entered. Deposit of the amount set
forth in this paragraph shall be evidenced by the Clerk of Court issuing a receipt which shall be
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recorded in the public records of Miami -Dade County along with a Notice of Deposit executed
by the City.
6. As consideration for receiving the amount of full compensation specified in
Paragraph 3 above, New Bethany agrees and is specifically ordered to completely vacate Parcel
92, and all improvements thereon, no later than February 15, 2006 ("deadline for possession").
New Bethany further agrees and is specifically ordered to remove all personal property from
Parcel 92, and all improvements thereon, no later than the deadline for possession. If New
Bethany fails to remove all personal property by the deadline for possession, the City shall not be
responsible for the loss or destruction of such personal property.
7. Except as stated in Paragraph 8 below, New Bethany agrees and is specifically
ordered not to remove any property classified as "immovable church fixtures" in a 21=page
appraisal report by Allied Appraisal Services, Inc. dated June 22, 2005, a copy of which has .been
provided to the City and New Bethany,
8. By stipulation of the City and New Bethany, only those immovable church
fixtures designated as nos. 7, 26, 27, and 28 in the Allied Appraisal Services appraisal report
(circled in Exhibit "A" attached hereto) may be removed from Parcel 92. New Bethany agrees
and is specifically ordered to remove those immovable church fixtures specified herein in a
manner that minimizes damage to Parcel 92 and all improvements thereon.
9. Without further Court order, the Clerk of Court shall issue a writ of possession to
remove New Bethany or any other occupant who remains in possession of Parcel 92 after the
deadline for possession. On February 16, 2006, or as soon thereafter as practicable, the Clerk of
Court shall issue a writ of possession in the form attached hereto as Exhibit "B" and shall
process such writ for immediate execution.
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10. New Bethany agrees and is specifically ordered to deliver no later than the
deadline for possession, via personal delivery or U.S. Mail, all keys to any improvements upon
Parcel 92 to Madeline Valdes, Property Manager, Department of Economic Development, City
of Miami, 444 S.W. 2nd Avenue, 3rd Floor, Miami, FL 33130.
11. The Court retains jurisdiction of this case and the parties to this cause in order to:
(a) enforce the terms of the Order of Taking and this Stipulated Final Judgment with regard to
possession and occupancy of Parcel 92; (b) award reasonable expert witness fees and costs; and
(c) apportion the amount of full compensation specified herein among all respondents identified
in the Petition in Eminent Domain.
12. Upon entry of this Stipulated Final Judgment, any and all claims by New Bethany
for compensation and damages of any nature whatsoever, including any and all claims for
attorney's fees, but excluding claims for reasonable expert witness fees and costs, shall be
resolved with respect to Parcel 92.
DONE AND ORDERED this day of 2005, at Miami, Miami -
Dade County, Florida.
copies: Robert C. Byrne
Thomas Goldstein
Mitchell J. Burnstein
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DRAFT
Circuit Judge
JOINT MOTION FOR ENTRY
OF THE ABOVE STIPULATED FINAL JUDGMENT
Petitioner, CITY OF MIAMI, a Florida municipal corporation, and Respondent, NEW
BETHANY BAPTIST MISSION, INC., a Florida. not -for -profit corporation, jointly move for
entry of the above Stipulated Final Judgment.
JORGE L. FERNANDEZ, CITY ATTORNEY
CITY OF MIAMI
Weiss Serota Helfman
Pastoriza Cole & Boniske, P.A.
Counsel for City of Miami
3107 Stirling Road, Suite 300
Fort Lauderdale, FL 33312
Telephone: (954) 763-4242
Telecopier: (954) 764-7770
'i
DRAFT
By:
Mitchell J. Burnstein
Florida Bar No. 813249
Steven E. Taylor
Florida Bar No. 147990
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NEW BETHANY BAPTIST MISSION, IN
By:
As:
DRAFT
Brigham Moore, LLP
Counsel for New Bethany Baptist Mission
203 S.W. 13th Street
Miami, FL 33130
Telephone: (305) 858-2400
Telecopier: (305) 858-5828
DRAFT
By:
Robert C. Byrne
Florida Bar No. 141372
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been famished by
U.S. Mail to all parties on the Service List attached hereto, this — day of , 2005.
WEISS SEROTA HELFMAN
PASTORIZA COLE & BONISKE, P.A.
Counsel for Petitioner
3107 Stirling Road, Suite 300
Fort Lauderdale, FL 33312
Telephone: (954) 763-4242
Telecopier: (954) 764-7770
DRAFT
By:
Mitchell J. Bumstein
Florida Bar No: 813249
Steven E. Taylor
Florida Bar No: 147990
SERVICE LIST
Case No. 04-24598 CA 02
(City of Miami v. New Bethany Baptist Mission Inc., et al.)
PARCEL 92
Robert C. Byrne, Esq.
Brigham Moore, LLP
203 S.W. 13th Street
Miami, FL 33130
Counsel for Respondent New
Bethany Baptist Mission Inc.
Thomas Goldstein, Esq.
Robert A. Ginsburg, County Attorney
Stephen P. Clark Center, Suite 2810
111 N.W. First Street
Miami, FL 33128-1993
Counsel for Respondent Miami -Dade County