HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney
DATE: January 23, 2025
RE: City Commission Meeting — January 23, 2025
City of Miami v. South River Warehouse, LLC, et al., pending in the Circuit
Court for the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida.
Case No.: 2021-027229-CA-01
File No.: 17130
The proposed Resolution seeks authorization to deposit and pay ten million
seven hundred and eighty thousand dollars and no cents ($10,780,000.00) as full
compensation, pursuant to a final judgment, for the taking of real property located at 5
and 27 South River Drive, identified by folio numbers 01-0201-010-1070 and 01-0201-
010-1020, from South River Warehouse, LLC.
The decision whether to pay the judgment is a policy decision, not a legal one.
The Office of the City Attorney does not take a position on this decision. Should the
Commission approve the payment of the judgment, funds will be allocated as stated in
the Resolution.
Attachment(s)
cc. Arthur Noriega V, City Manager
Miriam M. Santana, Agenda Coordinator
GW/EE
Attachment(s)
17130 Pre -Legislation
City of Miami
Legislation
Resolution
File Number: 17130
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:1/23/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DEPOSIT
AND PAYMENT OF TEN MILLION SEVEN HUNDRED EIGHTY THOUSAND
DOLLARS ($10,780,000.00) FOR THE CONDEMNATION OF REAL PROPERTY
LOCATED AT 5 AND 27 SOUTHWEST SOUTH RIVER DRIVE, IDENTIFIED BY
FOLIO NUMBERS 01-0201-010-1070 AND 01-0201-010-1020, FROM SOUTH RIVER
WAREHOUSE, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("RESPONDENT")
IN CASE NUMBER 21-027229-CA-01, PENDING IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA,
FROM LEGALLY AVAILABLE FUNDING SOURCES SUBJECT TO ALL
ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVALS HAVING BEEN
PREVIOUSLY MADE, COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY
CODE, INCLUDING THE CITY OF MIAMI'S ANTI -DEFICIENCY ACT AND FINANCIAL
INTEGRITY PRINCIPLES, TO COVER THE COST OF SAID DEPOSIT; FURTHER
WAIVING THE REQUIREMENTS OF RESOLUTION NO. R-24-0138 OF THE MIAMI
CITY COMMISSION.
WHEREAS, the City of Miami ("City") pursuant to Resolution No. R-21-0177, adopted on
April 22, 2021, authorized the City Manager to acquire certain real properties, including certain
riverfront properties located at 5 Southwest South River Drive and 27 Southwest South River
Drive, Miami, Florida (collectively, the "Property") by negotiated acquisition or by virtue of an
eminent domain action for the express public purpose of establishing public parks within the
City; and
WHEREAS, the City accordingly filed a suit in eminent domain against South River
Warehouse, LLC, a Florida Limited Liability Company ("Respondent") in the Circuit Court of the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 21-027229-CA-01 for
the condemnation of the Property; and
WHEREAS, the Circuit Court has issued a final judgement in favor of the City
determining that the taking of the Property is reasonably necessary to serve the public purpose
for which it is being acquired; and
WHEREAS, the final judgement further requires the City to deposit ten million seven
hundred and eighty thousand dollars and no cents ($10,780,000.00) as full compensation for
the taking of the Property; and
WHEREAS, pursuant to Section 73.091 and 73.092, Florida Statutes, the City is further
subject to the payment of attorneys' fees, experts' fees, and costs claimed as taxable under the
amount of the verdict rendered by the jury, the amount of which has not yet been determined
and is not included in the deposit authorized herein;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The deposit and payment of ten million seven hundred eighty thousand
dollars ($10,780,000.00) for the condemnation of the Property from Respondent in Case
Number 21-027229-CA-01, pending in the Circuit Court of the Eleventh Judicial Circuit in and
for Miami -Dade County, Florida from legally available funding sources subject to all
allocations, appropriations and budgetary approvals having been previously made,
compliance with applicable provisions of the City Code, including, the City of Miami's
Anti -Deficiency Act and Financial Integrity Principles to cover the cost of said deposit, is
hereby authorized.
Section 4. The requirements of Resolution No. R-24-0138 are hereby waived, as
permitted by the provisions outlined in such Resolution.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C y tor -y 1/13/2025