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Text File Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www,miamigov.com
File ID: 05-00918
Enactment #: R-05-053I
Version: 1
Type: Resolution Status: Passed
Enactment Date: 918105
Introduced: 8/16/05 Controlling Body: Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) BY A
FOUR -FIFTHS (415THS) 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
City of Miami Page I
Printed on 7/27/2006