HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM
FILE ID: CJ2—,56 77
Date: 4/18/2007
Commission Meeting Date: 5/10/2007
Type: ® Resolution ❑ Ordinance
❑ Other
11
Requesting Department: Public Facilities/Asset Mgmt.
District Impacted: 5
Emergency Ordinance ❑ Discussion Item
Subject: Acceptance of a partial order awarding costs to pay for certain costs in association
with the condemnation action taken to acquire certain properties in connection with the
development of Little Haiti Park.
Purpose of Item:
A Resolution of the Members of the 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 NE 59th Terrace, 211 NE 59th Street, and 215
NE 59th Street, Miami, Florida ("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 City of Miami ("Condemnor") and ERS Properties, Inc., a Florida For -Profit
Corporation, and Sigmund O. Schickman, an individual ("Condemnees"), resulting from
mediation pursuant to court order; further allocating funds in an amount not to exceed
$45,000.00 from the $255 Million Homeland Defense/Neighborhood Improvement Bond to
cover the costs associated with the defense of the condemnation action.
Background Information:
See Supplemental Sheet
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:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal I
CIP
Grants
N/A
331412 (B-78511)
Final Approvals
.(SIGN AND DATA)
Budget
Purchasing NI
Chief
Risk Management
Dept. Director /
City Manager
Paee 1 of 2
SUPPLEMENTAL SHEET
Subject: Acceptance of a partial order awarding costs to pay for certain costs in association
with the condemnation action taken to acquire certain properties in connection with the
development of Little Haiti Park.
Background Information:
Pursuant to its authority under Chapters 73 and 166, Florida Statutes, the City filed a petition
in eminent domain to acquire the real properties located at 212 NE 59th Terrace, 211 NE
59th Street, and 215 NE 59th Street, Miami, Florida ("Properties"). 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. On May 16, 2005, as a
result of the mediation, the Parties agreed to a Memorandum of Settlement to acquire title to
the Properties in connection with the development of Little Haiti Park. On June 9, 2005, the
City Commission approved the acquisition of the Properties and allocated $1,966,000.00
towards the acquisition, which at the time included an estimate for the costs associated with
the due diligence and acquisition of the Properties, but did not include the costs associated
with the defense's expert costs related to the eminent domain case. The Department of
Public Facilities recommends that funds in an amount not to exceed $45,000 be allocated
towards all costs associated with condemnees' defense in the eminent domain case. On
March 28, 2006 the Bond Oversight Board favorably approved these additional costs and
expenses related to the eminent domain case.
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