HomeMy WebLinkAboutR-77-0462AttonT10N mo.77-462..:.
A RESOLUTION OF THE COMMISSION OF THE CITY OF MIAM1
AUTHOtt1 z 1t O THE CITY ATTORNEY TO SETTLE THE CASE TO
iE 'fLEt7 IN THE CIRCUIT COURT oP OAbE COUNTY, FLOR1bA,
,b TO BE STYLED CITY OF` MIAMI V. MILEY
WHEREAS, the City Commission by Resolution too. 77 461 hag
authorizedthe City Attorney to file condemnationprooeedings
in a case to be styled CITY OF MIAMI v. O. B. MILEY, Trustee
for 0. B. Miley, II under Testamentary Trust established in
the Last Will and Testament of Mary R. Miley, deceased; and
WHEREAS, the City believes that the sum of $1,233.500.00,
together with $60,000.00 for costs and attorneys' fees is a
reasonable sum to be paid to the owner; and
WHEREAS, the City believes that it is in the best interest
of the public to pay the compensation to the owner pursuant to.
a Final Judgment providing for payment to the owner and for
attorneys' fees as follows:
Payable within ten (10) days of the date of judgment
B.`MILEY, Trustee, the sum of $100,000.00;
Payment to JOHN C. MARTIN, attorney-, within ten (10),
days of the date of judgment, the sum of $30,000.00
Payment to 0. B. MILEY, Trustee, on or before one (1)
year;after:date of judgment, the sum of $160,000.00;
Payment to JOHN C. MARTIN, attorney, on or before one (1)
year after date of judgment, the sum of $30,000.00;
Payment to O. B. MILEY, Trustee, on or before two (2)
years after date of judgment, the sum of $152,000.00;
Payment to O. B. MILEY, Trustee, on or before three (3)
years after date of judgment, the sum of $145,000.0(
..ipc:04110.T.,:.
0,
crry COMMISSION
MEETING OF
MAY1 9 1 77
Pay ieht to o. . t4It,tY, Tfustee, Oh of } efOfe f&iuf (4)
yeafe after date of judgment, the SUM of $139000.001
tayMeht to O. B. MILEY, Trustee, on or before five ( )
'years after date of judgment, the sutra of $131,000.00;
Payment to 0. B. MILEY, Trustee, on or before siX (6)
ye re after date of judgment, the sum of $125,000 00;
Payment to O. B. MILEY, Trustee, on or before seven (7)
years after date of judgment, the sum of $117,000.00;
Payment to O. B. MILEY, Trustee, on or before eight (8)
years after date of judgment, the sum of $112,500.00;
Payment to O. B. MILEY, Trustee, on or before nine (9).
years after date of judgment, the sum of $52,000.00.
The Judgment shall provide for passage of title upon the
initial payment and the Judgment shall be a lien on the property
condemned and enforceable only by execution on the said property in
the event of non-payment according to the terms of the Judgment;
and
WHEREAS, the Commission believes that the Lease Agreement
attached hereto is a reasonable settlement of the Lessee's
claims; and
WHEREAS, the Commission believes that these are the minimum
offers acceptable to the owner and lessee, respectively; and
WHEREAS, the Commission believes that the settlement of
the suit on these terms and conditions is in the best interest
of the public and represents a savings to the City over
which would be achieved by a trial on the merits and the
costs attendant thereto;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA;
Section 1. The City Attorney_ be, and he is hereby,
authorized to settle that certain ease to be filed in'the
Citvtilit Court i and for bade 'County ► notidat and to be
styl°d CITY OF' MIAMI vl O. R. MtLlY, Ttustee fot 0. R.
MILY, 11 Under Testamentary Trust established in the
Last Will and Testament of MARY R. MILEY, bedeased, upon
the following terms and donditions:
A. As to the fee owner as and fot the property takeh any
all other elements of damage the following:
Payment to 0. B. MILEY, Trustee within teh (10) days
of the date of judgment, the sum of $100,000.00;
Payment to JOHN C. MARTIN, attorney, Within ten (10)
days of the date of judgment, the sum of $30,000.00;
Payment to
,year after date
Payment to
after date
Payment to
year
0. B. MILEY, Trustee, on or before:one
of judgment, the sum of $160,000..00;
JOHN C. MARTIN, attorney, on or before
of judgment, the sum of $30,000.00;
O. B. MILEY, Trustee, on or before two
years after date of judgment, the sum of $152,000.00;
Payment to 0. B. MILEY, Trustee, on or before three (
years after date of judgment, the sum of $145,000.00;
Payment to O. B. MILEY, Trustee, on or before four (4)
years after date of judgment, the sum of $139,000.00;
Payment to 0. B. MILEY, Trustee, on or before five (5)
years after date of judgment, the sum of $131,000.00;
Payment to O. B. MILEY, Trustee, on or before six (6)
years after date of judgment, the sum of $125,000.00;
Payment to O. B. MILEY, Trustee, on or before seven (7)
years after date of judgment the sum of $117,000.00;
Payment to 0. B. MILEY, Trustee, on or before eight (8)
years after date of judgment, the sum of $112,500.00;
Payment to 0. B. MILEY, Trustee, on or before nine
years after date of judgment, the Sum of $52,000.00,
):
(9)
As' to 'tfbr i iU1N5mpehgatiOn for it6
eaeeflo d fite'est i tefait MpfoVe iehta , equipment acid firiisk'
inr .�tr tot��theritH an
e .ef�`lent§ of dafage, i� fiats'.
� t�y acida.i other
and.attorneys' fees, a 1eaeeb&ek of the property a.quired.for.a
� year rer rid, piirsiiaiit to the tertrt and ootiditioha of the
i,ease sttaehed Hereto aid made a pact hereof.
PA SEb and:AtibPiED this 0 day of i4 {�AY.... ► , �"77
'City.Cler
PREPA11Eo AND APPROVED $y:
Assistant City Attorney,.
P' •VD AS TO FORM AND CORRECTNESS:
ORGE KNOX, JR.
City At •s ney