HomeMy WebLinkAboutR-05-0531City of Miami
Legislation
Resolution: R-05-0531
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00918 Final Action Date: 9/8/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) BYA
FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, ACCEPTING THE PROPOSED STIPULATED FINAL JUDGMENT AND
JOINT MOTION FOR ENTRY, IN SUBSTANTIALLY THE ATTACHED FORM, IN FULL
SETTLEMENT OF ALL CLAIMS FOR COMPENSATION FOR NEW BETHANY
BAPTIST MISSION, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, FOR
THE PROPERTY LOCATED AT 6311-6329 NORTHEAST 2ND AVENUE, MIAMI,
FLORIDA, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK,
IN COMPLIANCE WITH THE MEDIATED SETTLEMENT AGREEMENT ENTERED
INTO ON JULY 26, 2005, BY THE PARTIES RESULTING FROM MEDIATION
PURSUANT TO COURT ORDER; ALLOCATING FUNDS IN THE AMOUNT OF
$1,349,000, FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD
IMPROVEMENT BOND TO COVER THE COST OF SAID ACQUISITION,
INCLUSIVE OF THE COST OF ATTORNEY'S FEES AND EXPENSES, SURVEYS,
APPRAISALS, ENVIRONMENTAL REPORTS, TITLE INSURANCE AND OTHER
COSTS ASSOCIATED WITH SAID ACQUISITION.
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 property located at 6311-6329
Northeast 2nd Avenue, Miami, Florida ("Property"); 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 CA 02, for entry of an Order of
Taking to acquire title to the Property in advance of the final judgment; and
WHEREAS, on February 16, 2005, the Court ruled that New Bethany Baptist Mission, Inc., a
Florida not -for -profit Corporation ("Condemnees"), be granted extended use of the site until March 7,
2006 ("Occupancy Period"), with the right to further request an extension of their occupancy period
for an additional year should the Condemnees buy another site but needed additional time to stay for
construction purposes; and
WHEREAS, if the additional time is granted to the Condemnees by the Court, the City would
have to phase the construction increasing construction costs; and
WHEREAS, on July 26, 2005, as a result of the mediation, the City, the Condemnees and
Miami -Dade County, et al (collectively "Parties") agreed to a Mediated Settlement in full settlement of
all claims for compensation, including statutory interest in connection with development of Little Haiti
Park; and
WHEREAS, the average of two appraisals established Nine Hundred Forty Thousand Dollars
($940,000) as the fair market value for the Property; and
City of Miami
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File Number: 05-00918 Enactment Number: R-05-0531
WHEREAS, the Parties agreed on a purchase price of One Million Seventy Thousand Four
Hundred Eighty -Five Dollars ($1,070,485); and
WHEREAS, the purchase price exceeds the average appraised value by One Hundred Thirty
Thousand Four Hundred Eighty -Five Dollars ($130,485); and
WHEREAS, the Parties agreed that the consideration for the Condemnees' waiver of their
right to pursue an additional year extension of time to the Occupancy Period is One Hundred
Nineteen Thousand Dollars ($119,000); and
WHEREAS, the attorney fees for the Condemnees in the amount of One Hundred Twenty
Thousand Dollars ($120,000), as provided in the Mediated Settlement Agreement ("Agreement"),
attached and incorporated, as "Exhibit A," were calculated and measured as provided in Florida
Statute 73.092(1); and
WHEREAS, the Parties established Ten Thousand Five Hundred Fifteen Dollars ($10,515) as
compensation for moving expenses; and
WHEREAS, the proposed stipulated final judgment provides for a period of possession until
February 16, 2006 and a writ of possession and/or writ of assistance for immediate execution by the
sheriff to remove Condemnees from the Property as of February 16, 2006; and
WHEREAS, it is a condition precedent to the validity of the settlement and its execution that
the City Commission approve the Agreement by a greater majority of a 4/5ths vote of its members;
and
WHEREAS, failing such approval the Agreement shall be automatically null and void without
the necessity of further action by either party;
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. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the
proposed stipulated Final Judgment and Joint Motion for Entry, in substantially the attached form, in
full settlement of all claims for compensation for the Condemnees, for the property located at 6311-
6329 Northeast 2nd Avenue, Miami, Florida, in connection with the development of Little Haiti Park, in
compliance with the Agreement entered into on July 26, 2005, by the Parties resulting from mediation
pursuant to court order, is accepted, with funds allocated in the amount of $1,349,000, from the $255
Million Homeland Defense/Neighborhood Improvement Bond to cover the cost of said acquisition,
inclusive of the cost of attorney's fees and expenses, surveys, appraisals, environmental reports, title
insurance and other costs associated with said acquisition.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
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File Number: 05-00918 Enactment Number: R-05-0531
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.
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