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Date: 8/10/2005
AGENDA ITEM SUMMARY FORM
FILE ID: as_
Requesting Department: Economic Development
Commission Meeting Date: 9/8/2005 District Impacted: 5 2005 AUG 10 AM 10 07
Type: ® Resolution ❑ Ordinance E Emergency Ordinance 0 Discussion Item
0 Other
Subject: Approval of settlement of all claims for compensation to New Bethany Baptist Mission. Inc., a
Florida not -for -profit corporation for the acquisition of the property located at 6311-6329 NE 2"
Avenue, Miami, Florida, in connection with the development of Little Haiti Park.
Purpose of Item:
Accepting the proposed stipulated final judgment and joint motion for its entry, in a form acceptable
to the City Attorney, in full settlement of all claims for compensation for New Bethany Baptist
Mission, Inc., a Florida Not -for -Profit Corporation ("Comdemnees") for the acquisition of the
property located at 6311-6329 NE 2" Avenue, Miami, Florida, ("Property"), 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. This Resolution
further allocates funds in the amount of One Million Three Hundred Forty -Nine Thousand Dollars
($1,349,000.00) from the $255 Million Dollar Homeland Defense/Neighborhood Improvement Bond
to cover the cost of said acquisition inclusive of cost of attorney's fees and expenses, surveys,
appraisals, environmental reports, title insurance and other costs associated with said acquisition.
Background Information:
See Supplemental Page attached.
Budget Impact Analysis
NO Is this item related to revenue?
YES Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No: 331412-819307-810
YES Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
CIP
$1,349,000.00
If using or ceiving capital funds
Grants
Final Approvals
(SIGN AND DATE)
Budget
Risk Man
Purchasing N�14 Dept. Directo
Chief �2
City Manager
Paee 1 of 2
Re: Approval of settlement of all claims for compensation to New Bethany Baptist Mission, Inc., a
Florida not -for -profit corporation for the acquisition of the propertv located at 6311-6329 NE 2nd
Avenue, Miami, Florida, in connection with the development of Little Haiti Park.
Supplemental Page
Background Information:
On July 26, 2005, as a result of the mediation, the 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. The parties agreed on a Purchase Price of One Million Seventy Thousand Four
Hundred Eighty -Five Dollars ($1,070,485.00). The Purchase Price exceeds the average appraised
value by One Hundred Thirty Thousand Four Hundred Eighty -Five Dollars ($130,485.00). The
parties further agreed that the consideration for Condemnees waiver of their right to pursue an
additional year extension of time to the occupancy period is One Hundred Nineteen Thousand Dollars
($119,000.00). The attorney fees for the Condemnees are the amount of One Hundred Twenty
Thousand Dollars ($120,000.00), and were calculated and measured as provided in Florida Statute
73.092(1). The parties established Ten Thousand Five Hundred Fifteen Dollars ($10,515.00) as
compensation for moving expenses. The proposed Stipulated Final Judgment provides for a period of
possession until February 16, 2006 and a writ of possession for immediate execution by the sheriff to
remove Condemnees from the Property as of February 16, 2006. It is a condition precedent to the
validity of the settlement and its execution that the City Commission of the City of Miami approve the
settlement by a greater majority of a 4/5ths vote of its members.
Paae 2 of 2