HomeMy WebLinkAboutReso 2013-2161 RESOLUTION NO. 2013- 21LI
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA RATIFYING AN AGREEMENT
TO RETAIN THE SERVICES OF THE LAW FIRM OF
GRAYROBINSON, P.A. AND SPECIFICALLY BRADLEY GOULD,
ESQ. TO HANDLE ALL LITIGATION MATTERS RELATING TO
THE ACQUISITION OF CERTAIN PROPERTY OWNED BY
PLAZA OF AMERICAS; AUTHORIZING THE CITY ATTORNEY
TO DO ALL THINGS NECESSARY TO EFFECTUATE THE
TERMS OF THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, by Resolution No. 2013-2053, adopted on April 18, 2013, the City Commission
authorized the City Attorney to initiate eminent domain proceedings to acquire property located
between the rights of way of 826 west and the south side property line for the Plaza of Americas
Condominiums for the development of a pedestrian overpass bridge to connect gateway park to the
north side of SR 836 west;
WHEREAS, Bradley Gould, Esq. of the law firm GrayRobinson, P.A. is highly qualified to
represent the City as special counsel and have agreed to provide discount rates to the City; and
WHEREAS, the City Attorney desires to enter into an agreement to retain the services of.
Bradley Gould Esq. of the law firm GrayRobinson P.A. attached hereto as Exhibit"A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratifying Agreement. The Retainer Agreement with Bradley Gould Esq. of
GrayRobinson P.A. attached hereto as Exhibit"A" is hereby approved and ratified.
Section 2. Authorization of the City Attorney. The City Attorney is hereby authorized to do all
things necessary to effectuate this agreement.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 21st day of November 2013
Erman S. Edelcup, Mayori� i'
ATTE T:
1\ 1.
Jane A. Hines, MMC, City Clerk
Retaining the services of Bradley Gould, Esq.
I
APPROVED AS TO FORM
AND LEG L " F CIENCY:
/A "P
Hans •'"So , City Attorney
Moved by:
Seconded by: COVVfiNtiU, ,r S.GHO Ll_
Vote: 5-0
Mayor Edelcup ✓(Yes) (No)
Vice Mayor Thaler ✓(Yes) (No)
Commissioner Aelion '/(Yes) (No)
Commissioner Gatto '/(Yes) (No)
Commissioner Scholl ✓ (Yes) (No)
Retaining the services of Bradley Gould,Esq.
1221 BRICKELL AVENUE
GRAY ROBINSON SUITE 1600 BOCA RATON
MIAMI, FL 33131 FORT LAUDERDALE
ATTORNEYS AT LAW TEL 305-416-6880
JACKSONVILLE
FAx305-416.6887 KEY WEST
LAKELAND
Bradley S. Gould MELBOURNE
Attorney At Law MIAMI
305-416-6880 NAPLES
BRADLEY.000LD @GRAY-ROBINSON.COM ORLANDO
TALLAHASSEE
TAMPA
October 25,2013
By Electronic Mail hottinota,,sibfl.net
Hans Ottinot
City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Re: Eminent Domain
Pedestrian Bridge for Gateway Park
Acquisition of Property from Plaza of Americas
Dear Mr.Ottinot:
I would like to thank you for selecting GrayRobinson,P.A. (the"Firm")to provide legal services
to the City of Sunny Isles Beach (the "City") involving the condemnation for the Pedestrian Bridge for
the Gateway Park from the Plaza of Americas. I look forward to working with you in this capacity. At
the initiation of each new matter, it is the policy of the Firm to expressly agree upon a fee arrangement for
the work to be undertaken in such matter. This letter is intended to set forth our understanding as to the
nature and scope of the legal services we have agreed to render for you, the amount of our fees for those
services,the manner in which our fees for those services shall be determined and the terms upon which
you will make payment.
I have attached a copy of the Firm's Policy Regarding Fees and Expenses. All conditions in the
Firm's Policy regarding fees and expenses are incorporated by reference as part of this engagement letter.
Terms of Engagement
You have engaged us to provide eminent domain legal services to the City regarding the
acquisition of property for the Pedestrian Bridge for the Gateway Park. As is our practice in similar
matters on behalf of other clients, we will charge the City for actual time expended on behalf of the City
at our normal hourly rates. My hourly rate for legal services is $450, however as a special
accommodation to the City, we have agreed to reduce our hourly rates for this engagement as set forth
below:
$250 per hour for partners, including myself
$195 to$225 per hour for associates
$75 per hour for paralegals
unde,rse)n,e t„)k l Obi. .r,o ° - � j''WV
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www.gray-robinson.corn
EXHIBIT"A"
GRAYROBINSON
PROFESSIONAL ASSOCIATION
Hans Ottinot,City Attorney
City of Sunny Isles Beach
October 25,2013
Page 2
In the event the City asks us to render legal services with respect to other matters, in the absence
of a written agreement specifically addressing that other representation,the other matters will be handled
on an hourly basis, and fees and costs will be payable under the same terms and conditions as provided
herein. In addition, you will be billed monthly for the costs incurred in connection with our
representation. Costs generally include filing services and fees, court reporting services, exhibit
preparation, computerized research, including legal research, express delivery services, travel expenses,
copying expenses, long distance telephone expenses,postage,etc. Other than the items indicated,we will
not incur any unusual cost items without first consulting you. Our invoices will be submitted to you on a
monthly basis, and each invoice is due and payable upon receipt. We are entitled to collect from you any
expenses,costs,and attorneys' fees,including appeal,for collection of unpaid balances.
Because of the relatively large size of our Firm and our representation of many other clients, it is
possible that there may arise in the future a dispute between another client and you. Our acceptance of
the current representation of you will preclude us from accepting future representations adverse to you,
which involve matters substantially related to the work we perform in the course of this engagement.
However, as a condition to our undertaking the representation described in this letter, you and we agree
that our acceptance of this engagement shall not preclude us from representing other clients in the future
who may have interests adverse to you, with respect to matters not substantially related to the particular
matters for which you have engaged our services.
If the foregoing correctly describes the City's understanding regarding our representation and our
fee arrangement,please sign a copy of the Legal Services Agreement and this letter in the space provided
below to evidence the City's consent and approval and return to us.
We are pleased to represent the City of Sunny Isles Beach, Florida, appreciate the confidence in
our Firm,and will ensure that the performance of our services will be provided in a prompt,cost effective
and efficient manner. Thank you again.
Sincerely,
Bradle S.Go d
BSG/dgh
Enclosure
GRAYRORINSON
PROFESSIONAL ASSOCIATION
Hans Ottinot,City Attorney
City of Sunny Isles Beach
October 25,2013
Page 3
ACKNOWLEDGMENT AND AGREEMENT
I
On behalf of the City of Sunny Isles Beach, Florida, the undersigned has read this engagement
letter and the enclosed policy regarding fees and expenses and agrees to the terms set forth in this
engagement letter and the enclosed policy.
J
Dated thisol day of , 013.
CITY OF SUNN II S BEACH,FLORIDA
BAM Pi inot,Ci Attorney
GRAYROBINSON
PROFESSIONAL ASSOCIATION
Hans Ottinot,City Attorney
City of Sunny Isles Beach
October 25,2013
Page 4
POLICY REGARDING FEES AND EXPENSES
FEES:
Quality legal services and good results require ability and effort. These are our "stock in trade."
Generally,our fees are based on our skill, the time expended, and the responsibility involved. While our
fee in most cases will be based mainly on the time devoted to the matter and the professional skill
involved, the Supreme Court of Florida has ruled that where a favorable result has been obtained for a
client, a reasonable attorney's fee may include consideration of that favorable result and may result in a
fee greater than one based solely on a normal hourly rate. We will charge such a fee where we believe it
is justified and in accordance with the Supreme Court's guidelines. Those guidelines involve factors
other than the amount of time required, such as the uniqueness and complexity of the questions involved,
the skill required to provide proper legal representation,familiarity with the specific area of law involved
the preclusion of other engagements caused by acceptance of this engagement, the magnitude of the
matter, the results achieved, customary fees for similar legal services, and the nature and length of our
relationship. All these factors have a significant bearing on the reasonable value of the services
performed.
EXPENSES:
You will be charged a reasonable rate for computerized document production, postage, reproduction,
telecopies, couriers,express mail, long-distance telephone,travel costs and other costs. We may also use
computerized research services to assist in handling your matters. This service will be used when we
believe that it will save you money to do so. Expenses incurred or advanced on your behalf will be
itemized on the statement.
BILLING:
You will be billed monthly. In the event you should disagree with or question any amount due under an
invoice, you agree to communicate such disagreement to us, in writing, within thirty (30) days of the
invoice date. Any disagreement you may have with a bill that is not communicated to us within that
period shall be deemed waived.
COMMENCEMENT OF REPRESENTATION:
Our representation will not commence until we receive a signed copy of the letter to which this statement
is attached,together with payment of any retainer specified therein.
GRAYROBINSON
PROFESSIONAL ASSOCIATION
Hans Ottinot,City Attorney
City of Sunny Isles Beach
October 25,2013
Page 5
WITHDRAWAL FROM REPRESENTATION:
We reserve the right to withdraw as your counsel in the event you fail to honor your agreement with
respect to our legal fees or for any just reason as permitted or required under the Florida Code of
Professional Responsibility or as permitted by the rules of courts of the State of Florida. In the event of
our withdrawal,you will promptly pay for all services rendered by us prior to the date of withdrawal.
FILE RETENTION:
You should be aware of our file retention policy. Once your case is concluded,the file will be officially
closed. Once the file is closed, it may be sent to off-site storage, and there may be costs associated with
retrieval of information from the file. We retain stored and closed files for a period of ten(10)years after
which time they may be destroyed. Thus, if there are any documents which you need from the documents
we possess,we recommend that you obtain them at the conclusion of your case.
GRAYROBINSON
PROFESSIONAL ASSOCIATION
Hans Ottinot,City Attorney
City of Sunny Isles Beach
October 25,2013
Page 6
PRIVACY POLICY
Attorneys, like other professionals who advise on personal financial matters, are now required by a new
federal law to inform their clients of their policies regarding privacy of client information. Attorneys
have been, and continue to be, bound by professional standards of confidentiality that are even more
stringent than those required by this new law. Therefore, we have always protected your right to privacy
and do not take lightly the confidence you place in us.
In the course of providing our clients with financial and tax planning and preparation services,
employment counseling, bankruptcy activities, certain real estate services, and other certain financial
services, we receive significant personal financial information about you either from you or with your
authorization. If you are a current or former client of Gray Robinson, P.A. you should know that all
information that we receive about you is held in extreme confidence,and is not released to any person or
entity outside of this law firm, except as agreed upon by you,or as required under applicable law.
We retain records relating to professional services that we provide so that we are better able to assist you
with your professional needs and, in some cases, to comply with professional guidelines. In order to
guard your non-public personal information, we maintain physical, electronic, and procedural safeguards
that comply with our professional standards.
Please call if you have any questions regarding this matter. Your privacy,our professional ethics,and the
ability to provide you with quality legal services are very important to us.
Miami Ft.Lauderdale Jacksonville
1221 Brickell Avenue,Suite 1650 401 East Las Olas Blvd.,Suite 1710 50 North Laura Street,Suite 1675
Miami,FL 33131 Ft.Lauderdale,FL 33301 Jacksonville,FL 32202
(305)416-6880 (954)761-8111 (904)598-9929
Key West Lakeland Melbourne
201 Front Street,Suite 333 One Lake Morton Drive 1800 West Hibiscus Boulevard,Suite 138
Key West,FL 33040 Lakeland,FL 33801 Melbourne,FL 32901
(305)292-8950 (863)284-2200 (321)727-8100
Naples Orlando Tallahassee
8889 Pelican Bay Blvd.,Suite 400 301 East Pine Street,Suite 1400 301 South Bronough Street,Suite 600
Naples,FL 34108 Orlando,FL 32801 Tallahassee,FL 32301
(239)598-3601 (407)843-8880 (850)577-9090
Tampa
201 North Franklin Street, Suite
2200
Tampa,FL 33602
(813)273-5000
0 1722841 v 1
RESOLUTION NO. 2013 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, DECLARING PUBLIC PURPOSE
AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE TO A PARCEL OF
PROPERTY ("NORTHSIDE BRIDGE LANDING PARCEL") MORE
PARTICULAR DESCRIBED HEREIN (LOCATED BETWEEN THE
RIGHTS OF WAY OF 826 WEST AND THE SOUTH SIDE PROPERTY
LINE FOR THE PLAZA OF AMERICAS CONDOMINIUMS) FOR THE
DEVELOPMENT OF A PEDESTRIAN OVERPASS BRIDGE TO
CONNECT GATEWAY PARK TO THE NORTH SIDE OF S.R. 836
WEST; AUTHORIZING THE CITY ATTORNEY TO ACQUIRE AND
INITIATE EMINENT DOMAIN PROCEEDINGS; PROVIDING CITY
MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO
RETAIN EXPERT WITNESSES AND CONSULTANTS AND TO DO ALL
THINGS PERTINENT TO EFFECTUATING THE TERMS OF THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach is in the process of constructing a multi-
purpose public park commonly called "Gateway Park" on the north side of Sunny Isles
Boulevard, which public park project is consistent with the City's Comprehensive Plan; and
WHEREAS, the residents and visitors who either live in or visit the North Bay Road
corridor between 167 Street and 172nd Street currently do not have an adequate and safe means of
pedestrian access to the park due to the fact there does not presently exist a pedestrian crosswalk
at the intersection of North Bay Road and S.R. 826 westbound (the "Highway") nor is there a
pedestrian crosswalk providing for an adequate and safe means of access to and from the
Highway at any location on the north side of 826 West; and
WHEREAS, the City Commission has considered and deliberately determined that a
Pedestrian Overpass bridge connecting the North side of Gateway Park to the north side of S.R.
826 West is needed to provide for the general public welfare, health and safety of pedestrians-
whether residents, visitors and employees of the City —to an adequate and safe means of access
to and from Gateway Park; and
WHEREAS, the City Commission finds that the parcel of real property, legally
described herein, is necessary for the construction of the public Pedestrian Overpass Bridge, and
further finds that the acquisition of the fee simple interest in the real property, legally described
herein serves a valid municipal purpose and is necessary for the construction of the Pedestrian
Overpass Bridge to provide access to park amenities to numerous City residents and visitors
living and visiting the North Bay Road corridor between 167th Street and 172nd Street; and
WHEREAS, the City has further considered and concluded that acquisition of the fee
simple interest in the real property described herein is further necessitated by the City's
it Simple Title.
R2013-Declaring necessity necess to Acquire F ee p 1
obligation to comply with its Comprehensive Plan in constructing municipal parks on the west of
Collins Avenue; and
WHEREAS, the City has caused the property described herein to be surveyed and has
located its line and area of construction and intends in good faith to construct a Pedestrian
Overpass Bridge on or over the described property in accordance with Section 73.021 (6),
Florida Statutes; and
WHEREAS, the City Commission, through the process of conducting public meetings
and workshops, has carefully considered numerous factors relevant to the acquisition of the real
property legally described herein including, without limit, the absence of an available alternative
site, the costs of the public project, environmental factors and mitigation, public safety;and
WHEREAS, subject to limitation set forth in Sections 73.013 and 73,014, Florida
Statutes. the City of Sunny Isles Beach is authorized, pursuant to Sections 166.401, and 166.411,
Florida Statutes, to exercise the right and power of eminent domain for municipal purpose.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and are incorporated herein by
reference.
Section 2. Description of Property. The City Commission of the City of Sunny Isles Beach
hereby authorizes the acquisition of the real property legally described herein Exhibit "A" by
gift, purchase, or eminent domain in accordance with Chapter 166, et seq., Florida Statutes, the
Municipal Home Rule Powers Act, and Chapters 73 and 74. Florida Statutes. The City of Sunny
Isles Beach shall acquire fee simple title to said property.
Section 3. Finding of Public Purpose and Necessity. The City Commission of the City of
Sunny Isles Beach hereby declared that it is necessary to acquire, through eminent domain or
negotiated acquisition or conveyance, fee simple title to the subject parcel, legally described in
Exhibit "A" for the construction of the Pedestrian Overpass Bridge. The City Commission
further declared that acquisition of the subject parcel legally described in Exhibit "A", serves a
municipal purpose and is necessary for compliance with state law and the City's Comprehensive
Plan.
Section 4. Authority of the City Attorney to Initiate Eminent Domain Proceedings. The City
Attorney shall first attempt to acquire the subject parcel through negotiations, subject to Florida
law; however, if such negotiations fail within a reasonable time from the enactment of this
Resolution, the City Attorney and all others acting on his behalf are authorized to initiate
eminent domain proceedings pursuant to Chapters 73, 74, 166 of Florida Statutes.
Section 5. Authority of the City Manager and City Attorney. The City Manager and City
Attorney and all others acting on their behalf are authorized to contract with real estate
appraisers, engineers, title examiners, legal counsel and other expert witnesses and consultants in
82013-Declaring Public necessity to Acquire Fee Simple Title. 2
appraisers, engineers, title examiners, legal counsel and other expert witnesses and consultants in
connection with eminent domain proceedings and to do all things necessary to effectuate this
resolution.
Section 6. Severability. If any section, subsection, clause or portion of this Resolution is, of
any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed separate, distinct, provision and such holding shall not affect the validity of the
Resolution of any part.
Section 7. Effective Date. This Resolution shall become effective immediately upon
adoption.
PASSED and ADOPTED this l8 day of April, 2013.
4 - , 4 �/t/ated
�' • ,,orman S. Edelcup, ayor
r • ,
- ITT '!,,: t ; -
•'N
.'Jane A. Hines, CMC, City Clerk
APP: s _ 1 AS i • FORM
A .i ' G�,. .FICIENCY:
ittarAill
'r • f 0, not. City Attorney
Moved by: Jci V i 1 r ku—kez
Second by: nnvfos,.S%0Uf.XtGptTTO
VOTE: S-(3
Mayor Edelcup yes V no
Vice Mayor Aelion yes I/no
Commissioner Gatto yes s/no
Commissioner Levin yes ✓ o_
Commissioner Scholl yes 17no_
82013-Declaring Public necessity to Acquire Fee Simple Title. 3
EXHIBIT "A"
LEGAL DESCRIPTION:
A portion of Tract "A", PLAZA OF THE AMERICAS SECTION ONE, according to the plat thereof, as recorded in Plot
Book 106 at Page 66, of the Public Records of Miami—Dade County, Florida and being more particularly described
os follows:
Commence at the Southwest corner of said Tract "A"; thence N 02'17'35' W along the West line of said Tract
"A". also being the East right of way line of North Bay Rood for 46.00 feet; thence N 87'42'25" E along the
North right of way line of State Rood #826 Westbound at right angles to the previously described course for
240.17 feet to the Point of Beginning; thence continue N 87'42'25" E along said North right of way tine of State
Road #826 Westbound for 12.00 feet, the following five (5) courses being at right angles to the previously
described course; 1) thence N 02'17'35" W for 30.00 feet; 2) thence N 87'42'25" E for 10.00 feet; 3) thence
N 02'17'35' W for 24.00 feet; 4) thence S 87'42'25" W for 22.00 feet; 5) thence S 0217'35* E for 54.00 feet
to the Point of Beginning.
SURVEYOR'S NOTES:
— This site lies in Section 14, Township 52 South, Range 42 East, City of Sunny Isles Beach, Miami—Dade County,
Florida.
— Bearings hereon ore referred to an assumed value of N 8742'25" E for the North right of way line of
. N.E. 163rd Street.
— Lands shown hereon were not abstracted for easements and/or rights—of—way of records.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Lands shown hereon containing 888 square feet, or 0.020 acres, more or less.
— Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2009-077.
SURVEYOR'S CERTIFICATION:
I hereby certify that this 'Sketch of Description" was made under my responsible charge on April 12, 2013. and
meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida
Statutes.
'Not valid without the signature and the original raised
seal of a Florida Licensed Surveyor and Mapper'
FORTIN, LEA
By SKILES, INC., LB3653
:
Daniel C. Fortin, For The Firm
Surveyor and Mapper, LS2853
State of Florida.
`1 EXHIBIT "A"
Q ■
O UNE UNLENGTHLE BEARING ER
CC Q I L1 12.00 N87'42'25'E
3 1 L2 30.00 N0217'35•W l5
L3 10.00 N87'42'25'E PLAZA OF THE AMERICAS
Q o 1 14 24.00 No217.35'w SECTION ONE
L5 22.00 s07'42'25 W PLAT BOOK 106 PAGE 66 —'
L6 54.00 50217'35'E
cc
I a rI.
a ST UNE OF TRACT 'A' NORTH RIGHT Of WAY UNE Of O r EAST RIGHT OF WAY UNE STATE ROAD /626 WESTBOUND OF NORTH BAY ROAD
240.17' L1 —
30.00' N87'42'25'E I
RIGHT OF O 1 -7 POINT OF J
LAT BOOK 1
PAGE 66 # eo' RIGHT OF WAY BEGINNING
I p 1p °co R GHTEOFOWAY SOUTH LINE
e o "� MAP 87170-2517 (PUBLIC RIGHT OF WAY) OF TRACT 'A•
(SHEET 3 OF 8) STATE ROAD #826 WESTBOUND _ �_
-----
1�---- — — ___�J_ — — -- �`"
____—
RIGHT Of WAY' CENTfRIINE OI:
b STATE ROAD STATE ROAD 826
0 RIGHT OF WAY WESTBOUND
POINT OF M MAP 87170-2517
COMMENCEMENT (SHEET 3 OF 8)
S.W. CORNER OF TRACT •A• , , , , ,
•
1 •
1
4
•
•
1
I 1 LOT 10 1 LOT 9 LOT 8 LOT 7•
1 1 1
SECOND REVISED PLAT OF GATEWAY PARK PARCEL
I BELLA VISTA SUBDIVISION • FORTIN,LEAVY,SKIES,INC.
IPLAT BOOK 50 PAGE 76 DRAWING#20D9-077
1
I
I
1 GRAPHIC SCALE
�1I N ItlI •
0 20 •
40 1
() 0 II 1
Ia�� H 1111. ( IN >� )
1 i inch = 40 sr. 1
EXHIBIT "A"
QVISTAVIEW SECTION ONE LOT 1 Z
TATUM'S OCEAN PARK Q(P.B. 10 PG.64) Q
(P.B.96 PG.66) p U�
o 4z, III
m
W
a R.K.COMMERCIAL J�Q
Q'
O CENTER SOUTH w �v- 0
cc Q
OT
TRACT"A" A Z
PLAZA OF THE AMERICAS k P PART J �O
co SECTION ONE (P.B. 106 PG.66) �Q'Pc) 8 �O�
co
.s SITE
=O
6 NOT
2 ( SUBDIVIDED
r
STATE ROAD 826 WESTBOUND 0
gE LA- 1ST SUB 2nd -EVI ION 1 1 I
11211111019 }8 ' 7' 6'6s}I 5111 41 3 21 1 1 < I-
1 1 1 1 1 EP.B. Z
1 Q PARK
STATE ROAD 826 EASTBOUND p
O Q x......
2312412512612712812913013113213313413513. 4 I o a J
, ;:.'_r 0 =d
TRACT"A" v? 2 ¢m I.'
amCl: Q
,N N y s<F s City of Sunny Isles Beach City
Commission
Norman S.Edelcup,Mayor
° +1 . 18070 Collins Avenue, Suite 250 Isaac Aelion,Vice Mayor
s
Sunny Isles Beach, Florida 33160 Jeanette Gatto, Commissioner
* M * Jennifer Levin,Commissioner
„ , (305)947-0606 City Hall George"Bud"Scholl,Commissioner
* (305)949-3113 Fax
0.�OP Sir (305)947-2150 Building Department Christopher J.Russo City Manager
°�r F L.o �� (305)947-5 I07 Fax Hans Ottinot,City Attorney
OF $u N ° Jane A.Hines,MMC,City Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Hans Ottinot, City Attorne 4b
• i
DATE: November 21, 2013
RE: Ratifying an Agreement to Retain the Services of Bradley Gould, Esq. regarding
the Acquisition by Purchase or Eminent Domain of Property for Pedestrian
Overpass Bridge
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS
By Resolution No. 2013-2053, adopted on April 18, 2013, the City Commission authorized the
City Attorney and the City Manager to acquire by purchase or eminent domain property located
between the rights of way of 826 west and the south side property line for the Plaza of Americas
Condominiums (" Plaza Americas") for the development of a pedestrian overpass bridge to
connect Gateway Park to the north side of SR 836 west. The size of the area to be acquired Y q is
approximately eight hundred (800) square feet.
The City Manager and City Attorney have met with representatives of Plaza Americas on several
occasions. Unfortunately,the City and Plaza Americas have not reached an agreement for use of the
property for the bridge. As such, the City Attorney has retained the services of Bradley Gould to
initiate eminent domain proceedings.
Agenda Item 10 U..
Date 1 i-2 l— 3