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RESOLUTION NO. 2017- PpgS <br /> • <br /> A RESOLUTION OF THE CITY COMMISSION OF THE CITY <br /> OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE <br /> PAYMENT OF THE FINAL JUDGMENT RELATING TO CITY <br /> OF SUNNY ISLES BEACH V. CALVARY CORP. ET AL. CASE <br /> NO. 12-26693 CA 09 AND CASE NO. 3D15-1420 IN THE AMOUNT <br /> OF ONE MILLION TWO HUNDRED SEVENTY FOUR THREE <br /> HUNDRED THIRTY SEVEN DOLLARS AND SIXTEEN CENTS <br /> (51,274,337.16); PROVIDING THE CITY MANAGER AND THE <br /> CITY ATTORNEY WITH THE AUTHORITY TO PAY <br /> APPELLATE ATTORNEY'S FEES AND EXPERTS' FEES AND <br /> COSTS UPON A DETERMINATION BY THE COURT; <br /> PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, the City of Sunny Isles Beach initiated an eminent domain action against an <br /> owner of submerged land to construct the Emergency Pedestrian Bridge. <br /> WHERAS, on June 12, 2015, a Final Judgment was awarded against the City wherein <br /> the Respondent was awarded attorney's fees plus statutory interest for the trial. The Final <br /> Judgment is attached as Exhibit "A". <br /> WHEREAS, the Final Judgment was appealed to the Third District Court of Appeal. On <br /> January 25, 2017, the Third District affirmed the Final Judgment in the trial court in an opinion. <br /> WHEREAS, under Florida law, the City is obligated to pay all the property owner <br /> attorneys' fees and experts' fees and costs, in an eminent domain proceedings, and <br /> WHEREAS, the City Commission wishes to ratify the payment of the Final Judgment <br /> and to authorize the payment of appellate attorney's fees and experts' fees and cost. <br /> NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> Section 1. Ratifying the Payment of the Final Judgment. The City Commission hereby <br /> ratifies the payment of the Final Judgment issued by the Trial Court. <br /> Section 2. Authorization of City Manager and City Attorney. The City Manager and City <br /> Attorney are authorized to pay appellate attorney's fees and experts' fees and costs upon a <br /> determination by the court. <br /> Section 3. Effective Date. This Resolution shall become effective upon adoption. <br /> PASSED AND ADOPTED this 20th day of April 2017. <br /> Ratifying Final Judgement Payment 1 of 2 <br />