HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00567 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A STIPULATED
PARTIAL ORDER AWARDING COSTS, TO PAY FOR CERTAIN COSTS, IN
ASSOCIATION WITH THE CONDEMNATION ACTION TAKEN TO ACQUIRE
TITLE TO THE PROPERTIES LOCATED AT 212 NORTHEAST 59TH TERRACE,
211 NORTHEAST 59TH STREET, AND 215 NORTHEAST 59TH STREET, MIAMI,
FLORIDA, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK,
IN COMPLIANCE WITH THE MEMORANDUM OF SETTLEMENT ENTERED INTO
ON MAY 16, 2005, BETWEEN THE CITY OF MIAMI AND ERS PROPERTIES,
INC., A FLORIDA FOR -PROFIT CORPORATION, AND SIGMUND O. SCHICKMAN,
AN INDIVIDUAL, RESULTING FROM MEDIATION PURSUANT TO COURT
ORDER; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $45,000,
FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD
IMPROVEMENT BOND, TO COVER THE COSTS ASSOCIATED WITH THE
DEFENSE OF THE CONDEMNATION ACTION.
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 properties located at 212 Northeast
59th Terrace, 211 Northeast 59th Street, and 215 Northeast 59th Street, Miami, Florida ("Properties");
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 in advance of final judgment; and
WHEREAS, on May 16, 2005, as a result of the mediation, the City, ERS Properties, Inc. and
Sigmund O. Schickman (collectively the "Parties"), agreed to a Memorandum of Settlement to acquire
title to the Properties in connection with development of Little Haiti Park; and
WHEREAS, pursuant to Resolution No. 05-0388, adopted June 9, 2005, the City Commission
approved the acquisition of the Properties and allocated $1,966,000, towards the acquisition, which at
the time included an estimate for the costs associated with the due diligence, but did not include the
costs associated with the defense's expert costs related to the eminent domain case; and
WHEREAS, the Department of Public Facilities recommends that funds in an amount not to
exceed $45,000, be allocated towards all costs associated with ERS Properties, Inc. and Sigmund O.
Schickman's defense in the eminent domain case; and
WHEREAS, on March 28, 2006, the Bond Oversight Board favorably approved these additional
costs and expenses related to the eminent domain case;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA;
City of Miami Page 1 of 2 Printed On: 5/1/2007
File Number.' 07-00567
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 Stipulated Partial Order Awarding Costs, to pay for certain costs, in association
with the condemnation action taken to acquire title to the Properties, in connection with the
development of Little Haiti Park, in compliance with the Memorandum of Settlement entered into on
May 16, 2005, between the Parties, resulting from mediation pursuant to court order, is accepted.
Section 3. Funds, in an amount not to exceed $45,000, are allocated from the $255 Million
Homeland Defense/Neighborhood Improvement Bond, to cover the costs associated with the defense
of the condemnation action.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
JORL. FERNANDEZ1H
CITY ATTORNEY
Footnotes:
{1} 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.
City of Miami Page 2 of 2 Printed On: 5/1/2007