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HomeMy WebLinkAboutReso 2014-2297,RESOLUTION NO. 2014 -_2-R'q i A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND JENIFFER VISCARRA (`UNIT OWNER') OF THE PLAZA OF THE AMERICAS CONDOMINIUM, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution No 2014 -2199, adopted on February 20, 2014, the City Commission authorized the use of its eminent domain powers to acquire a small piece of property for the 826 West Overpass Pedestrian Bridge for the Gateway Park; and WHEREAS, the owner of the property, Plaza of the Americas, Club, Inc., has agreed to sell the property to the City as a result of negotiations; and WHEREAS, pursuant to Section 73.073, Florida Statutes, notice of the eminent domain proceedings was provided to all unit owners of the Plaza of the Americas Condominium; and WHEREAS, unit owner Jeniffer Viscarra timely responded and objected pursuant to Section 73.073, Florida Statutes; and WHEREAS, the City Commission wishes to ratify a Settlement Agreement between the City and Jeniffer Viscarra. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratifying the Settlement Agreement. The city commission herby ratifies the Settlement Agreement between the City of Sunny Isles Beach and unit owner Jeniffer Viscarra attached hereto as Exhibit "A ". Section 2. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. Page 1 of 2 PASSED AND ADOPTED this 18th day of September, 2014 ATTEST: r Jane A. Hines, City Clerk, MMC APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Vote: ':;, "O Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl ,I - A411 Orman S. Edelcup, Mayor /1' Moved by: l AIAml t_ o►� Seconded by: (,pnv�MW Se -KDLL_ ✓(Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) Page 2 of 2 y,�NNY �Sf Ft SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ( "Agreement ") is made and entered into this 1. .. day of -r- , 2014 by and between JENIFFER M. VISCARRA ( "Unit Owner ") and THE CITY OF SUNNY ISLES BF.,ACII, FLORIDA, a municipal corporation organized under the laws of the State of Florida ( "City"). WITNESSETH: WHEREAS, Unit Owner is the owner of the condominium unit #115 in Building 1 of the Plaza of the Americas with an address of 16909 North Bay Road, #115, Sunny Isles Beach, Fl, 33160. WHEREAS, the City seeks to acquire the fee simple title and interest in the Property, which is legally described on Exhibit A attached hereto, for its Pedestrian Overpass Bridge for the Gateway Park ("Project"). WHEREAS, the City, by adoption of Resolution 2014 -2199 has authorized the use of its eminent domain powers to acquire the Property and has initiated the process to condemn the Property, pursuant to Chapter 73, Florida Statutes; WHEREAS, the City provided notice to the Unit Owner pursuant to Section 73.073, Florida Statutes, and Unit Owner timely responded and objected to the proposed taking and/or the appraised value of the Property; WHEREAS, under the threat of condemnation, the Unit Owner and Purchaser desire to resolve the Unit Owner's objections and claims for compensation, as set forth below. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained herein, and the sum of ITN AND NO /I00 DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, do hereby agree as follows: Recitals. The recitals set forth above are true and correct. 2. Compensation. Unit Owner shall have and recover from the City the sum of NINETEEN TI- IOUSAND NINE YII.JNDRED DOLLARS ($19,900.00) in full settlement of" the Unit Owner's objections to the Purchaser's proposed taking of the Property and the appraised value of the Property and in full settlement of all claims for compensation by Unit Owner arising from the -- taking - and /or acquisition of the Property, including severance damages to the condominium unit owned by the Unit Owner, attorney's fees, and costs. 3. Unit Owner's Interest. In exchange for receipt of the compensation set forth in Paragraph 1 above, the Unit Owner conveys all interest it has in the Property by virtue of its ownership of a condominium unit in the Plaza of the Americas to Purchaser. The Unit Owner EXHIBIT "A" withdraws its ohjections to the Purchaser's proposed taking and /or acquisition of the Property and the appraised value of the Property. The Unit Owner disclaims all rights it has under Florida L>aw with regard to the condemnation of" the Property, and agrees that the power of sale of the Property is vested in Plaza of the Americas Club, Inc. 4. Mutual Release of the Parties. In consideration of promises, representations and agreements set forth herein, the receipt and sufficiency of which is hereby acknowledged, except as to the obligations set forth in this Agreement, the parties hereto do hereby mutually frilly remise, release, acquit, satisfy, and forever discharge the other party, of and from any and all rights, claims, disputes, demands, damages, injuries, causes of action, liabilities, judgments, debts, dues, sums of money, accounts, executions, actions, promises, suits at law or in equity of any kind whatsoever which each party ever had, now has, hereafter can, shall or may have, against the other party, for, upon or by reason, of any matter, cause or thing whatsoever, whether known or unknown, from the beginning of the world to the day of these presents (collectively, "Claims "), whether due or not, direct or indirect, mature or contingent, liquidated or unliquidated, known or unknown, patent or latent, matured or unmatured, and regardless of the nature of the injury which either party ever had or now have, or which either party or any heir, successor or assign of either party or any of them hereafter can, shall or may have against the other party, including, but not limited to all Claims in any way related to or arising out of the acquisition of the property. 5. Agreement Compromises Disputed Claims. This Agreement is made and entered by the parties as a compromise of claims between them. Neither this Agreement, nor any document, pleading or paper prepared and signed pursuant to the provisions of the Agreement shall constitute or be construed or asserted as an admission of liability on the part of any party. Neither this Agreement nor anything stated herein shall be deemed to be an admission or suggestion that the City was required to compensate the Unit Owner. Further, neither this Agreement, the negotiations or discussions resulting in or connected with this Agreement, nor anything stated herein or therein shall be admissible in any court of law or equity or before any administrative body for the purpose of' establishing or supporting a claim for any such right or claim of cancellation. b. Miscellaneous. (a) This Agreement shall be construed and governed in accordance with laws of the State of Florida and in the event of any litigation hereunder, the venue for any such litigation, shall be in Miami -Dade County. All of the parties to this Agreement have participated frilly in the negotiation and preparation hereof and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. (b) In the event any provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or reconstrued as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 2 (c) In construing this Agreement, the singular shall be deemed to include the plural, the plural shall be deemed to include the singular and the use of any gender shall include every other gender and all captions and paragraph headings shall be discarded. (d) All of the Exhibits to this Agreement are incorporated in and made a part of this Agreement. (e) This Agreement constitutes the entire agreement between the parties for the taking and /or acquisition of the Property, and supersedes any other agreement or understanding of the parties with respect to the matters herein contained. This Agreement may not be changed, altered or modified except in writing signed by the party against whom enforcement of such a change would be sought. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. (0 This Agreement and any subsequent amendments hereto may be executed in any number of counterparts, each of which, when executed, shall be deemed to be an original, and all of which shall be deemed to be one and the same instrument. Facsimile transmission signatures shall be deemed original signatures. 7. "Threat of Condemnation. This Agreement is being made under the threat of condemnation. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first set forth above. JENIFFER M. VISCARRA as the Unit Owner of Unit 115 in Building 1 of the Plaza of the Americas V I je, B not ame D not ame STATE OF FLORIDA ) ss: COUNTY OF MIAMI -DADE COUNTY ) BEFORE ME, the undersigned authority, personally appeared e" i F Fe a \/, 4 __ who: is personally known to me; or has produced FL . ba,v, L 1•G_ as identification; and who after being duly sworn according to law, deposes and says that the facts set forth in the foregoing answers to interrogatories are true and correct to the best of his /her knowledge, information and belief. WITNESS my hand and seal this 2(' day of Au u i ____, 2014. Notary Public State of Florida My Commission Expires: Gaston i:antela f � EE 113861 J0IS,zot� ;F 4 ATTEST F3 Jane I Iines, MMC, City Clerk CITY OF SUNNY ISLES BEACH BY _ Christop ter J. Russo, City Manager DATE': APPROVED AS TO FORM AND LEGAL SWFF161FENGY 1,101 Ottijibt, City Attorney y 9s 0 �r F * FLOP 5 C/T r O F 5 U TO: FROM DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949-3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM The Honorable Mayor and City Commission Hans Ottinot, City Attorne September 18, 2014 City Commission Norman S. Edelcup, Mayor Isaac Aelion, Vice Nfayor Jeanette Gatto, Commissioner Jennifer Lein. Commissioner George "Bud" Scholl, Commissioner Christopher J. Russo, City Manager Hans Ottinot, City Attorney Jane A. Hines, TIC, City Clerk Ratifying the Settlement Agreement between the City and Unit Owner, Jeniffer Viscarra RECOMMENDATION This Resolution is presented for your consideration. REASONS This Resolution merely confirms a settlement agreement entered into between the City of Sunny Isles Beach and a unit owner regarding the acquisition by threat of eminent domain to acquire property for the 826 West Overpass Pedestrian Bridge for the Gateway Park.