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<br />- <br /> <br />Regular City Commission Meeting <br /> <br />June 3,2004 <br /> <br />City of Sunny Isles Beach, Rorida <br /> <br />had any technical issues, valid or not, they will be gone now, we will proceed with all <br />due haste, and that the property owner's lawyer has been notified. Mr. Malinski said that <br />all the paperwork is done, and is waiting for an engineer to seal the survey, and he will <br />need to spend a little time with the Public Works Department because we literally have to <br />take a felt marker and draw a line just around the inside perimeter of the property to show <br />that is where we are intending to do what we are intending to do. <br /> <br />Commissioner Iglesias asked if in the meantime the owner of the property decides to sell <br />the IDRs and finds a buyer and just gives it to the City, is he free to do so? City <br />Attorney Dannheisser said that he doesn't have the ability to do that with a tenant on the <br />property but, of course, if he were to relocate the tenant, it would be another story. <br />Mayor Ede1cup said he would have to come before the Commission and the Commission <br />would have to decide if they will accept it or not. <br /> <br />Arnold Shevlin, on behalf of the owner R.K. Associates, said he did not receive formal <br />notice of this proceeding. He said that it is his understanding that the City's litigation <br />against them has been dismissed without prejudice, and supposedly there would be an <br />order tomorrow confirming that which would mean if you vote tonight in favor of this <br />resolution, in order to re-file any litigation prior to the City re-filing their attorney's fees <br />to date would have to be paid in full which would be approximately about $75,000.00. <br />He said they are willing to sell the City the property at the fair market value, we prefer to <br />keep the property and one of the offers that they have made to the City in discussions <br />with Counsel and in discussions with the City Manager, in all of our prior discussions, is <br />that they would be happy to take the parcel that Tony Roma currently occupies and move <br />Tony Roma' s to one of their shopping centers, pay for their improvements, and the City <br />can build what they need on the Tony Roma parcel, and that is a simple solution. Mr. <br />Maiinski said that there has always been a consti tutional obligation to pay the attorney's <br />fees from the day the offer is made, and we have offered to advance the payment for <br />appraisal fees to both the owner and to Alamo. He said the law suit was voluntarily <br />dismissed last week when the judge indicated that she had a problem; there is no <br />dismissal order from the Court. The voluntary dismissal by Plaintiff was signed by him <br />and filed last Friday. City Attorney Dannheisser said to Mr. Malinski that he had told her <br />that he had an agreement with the owners counsel on the issue of notice and so forth, and <br />apparently his client is saying something a little different, so we need to get a <br />clarification on that. Mr. Malinski said he spoke to Mr. Gould yesterday and he told him <br />that his client RK had called him to tell him that this was on the agenda for tonight, that <br />is the discussion he had with Mr. Gould. Mayor Ede1cup said that there is still time <br />between now and July 19" for Mr. Maiinski and the owner to negotiate. City Manager <br />Russo stated for the record that there has never been any discussions with him about the <br />comments that Mr. Shevlin had made about Tony Roma's. <br /> <br />Vice Mayor GOodman moved and COmmissioner Thaler seconded a motion to approve <br />the resolution. Resolution No. 2004-682 was adopted by a voice vote of 5-0 in favor. <br /> <br />13 <br />