HomeMy WebLinkAboutReso 2014-2343RESOLUTION NO. 2014 - 2,343
A RESOLUTION OF THE CITY COMNISSION OF THE CITY OF
SUNNI' ISLES BEACH, FLORIDA, RATIFYING A SETTLEMENT
AGREEMENT BETWEEN THE CITI' OF SUNNI' ISLES BEACH
AND HERMAN GARCIA AND MARIA A. GARCIA (`UNIT
OWNERS') OF THE PLAZA OF THE AMERICAS
CONDOMINIUM, ATTACHED HERETO AS EXHIBIT "A';
PROVIDING THE CITY MANAGER AND THE CITI'
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 Nest 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 owners, Heman Garcia and Maria A. Garcia 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 Heman Garcia and Maria A. Garcia.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratifvina the Settlement Agreement. The City Commission herby ratifies the
Settlement Agreement between the City of Sunny Isles Beach and unit owners. Heman Garcia
and Marcia A. Garcia, 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 I of 2
PASSED AND ADOPTED this 20th day of November 2014.
ATTEST-
. {: =,,�•i. .:
Jane A. Hine .;CiiN• Clerk. MMC
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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Hans Ottinot. Ciri• Attorney
Vote: S —C)
Mayor Edelcup
Vice Mayor Aelion
Commissioner Gatto
Commissioner Levin
Commissioner Scholl
Moved by: Maw,
\aw, OA�
Seconded by: �1lnrtySSlotJ`[2 �NoL�
Page 2 of 2
(Yes)
(No)
Yes)
(No)
(Yes)
(No)
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(No)
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GRAYIROBINSON
ATTORNEYS AT LAW
305 -913 -0537
BRADLEY.GOUL OGR.AY- ROBINSON.COM
Hernan and Maria A. Garica
c/o Maria A. Garcia
16909 North Bay Road, Unit 4801
Sunny Isles Beach, FL
1221 BRICKELLAVENUE
SurrE 1600
Munn, FL 33131
TEL 305 -416 -6880
FAx 305- 416 -6887
BOCA BATON
FORT LAUDERDALE
JACKSONVILLE
KEY WEST
LAKELAND
MELBOURNE
MIAMI
NAPLES
ORLANDO
September 30, 2014 TALLAHASSEE
TAMPA
Re: City of Sunny Isles Beach v. Plaza of the Americas
Acquisition of Property for Pedestrian Overpass Bridge for Gateway Park
Owner of Unit 801 in Building 1, Plaza of the Americas
Dear Mrs. Garcia:
It was a pleasure speaking with you yesterday regarding the acquisition of a portion of
the common area of the Plaza of the Americas by the City of Sunny Isles Beach ( "City) for its
Pedestrian Overpass Bridge for the Gateway Park ("Project') . Please allow this letter to serve to
confirm the settlement reached with Hans Ottinot, City Attorney, and myself regarding your
objections to the proposed acquisition and/or appraised value of the property.
The terms ofthe settlement are as follows:
1. Compensation: Hernan and Maria Garcia ( "Owners ") will receive from the City
the sum of FIVE THOUSAND DOLLARS (5,000.00) in full settlement of all claims for
compensation arising from or in any way related to the taking and /or acquisition of the common
area of the Plaza of the Americas ( "Property "), which is described on Exhibit A attached hereto,
within thirty days (30) of receipt by the City of the executed letter.
2. Unit Owner's Interest: In exchange for receipt of the compensation set forth in
Paragraph 1 above. Owners (a) withdraw their objections to the Citv's proposed acquisition and
appraised value of the Property; (b) convey their interest as a unit owner in the Property and (c)
disclaim all rights Owners have under Florida Law with regard to the condemnation of the
Property.
3. Miscellaneous. 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 %vriting 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.
www.gray- robinson.com
GRAYROBINSON
PROFESSIONAL AssOgATION
Hernan and Maria A. Garcia
September 30, 2014
Page 2
By executing this letter below, Owners are confirming that this is the settlement
agreement reached between with the City. Before signing below, you should carefully review
this agreement to ensure that all of the terms agreed to by you are contained within this letter and
you may consult with an appropriate professional for legal advice. Please return the signed
letter to me by placing it in the self - addressed stamped envelope. Should you have any questions
or concerns, please do not hesitate to contact me.
Sincerely,
Bradley S. Gould
cc: Hans Ottinot, City Attorney
AGREED, APPROVED AND ACCEPTED
By:
HE AN GARCIA, as 1
in Buililing 1 of the Plaza
t Owner of Unit 801
the Americas
By:
MARIA A. ARCIA , as Unit Owner of Unit 801
in Buildino of the Plaza of the Americas
BSG /dgh
EXHIBIT "A"
LEGAL DESCRIPTION:
A portion of Troc W. f;,12A OF THE A .. k SECTION ONE, eoc.rdiq to the pkt thereat, a
recorded Ll Plat Bock 106 at Page 66. 0 the Pu56c Recards of 41tm1 -papa County, Florida and
Being more poejado y described n follaws:
Canma of at the Smttnesi corner of said Treat 'A-; thence South aT34w East, darq the
South We W and Tract -A- for 210.17 feel, theme North 0726'W- EmL at r5M c.yles b the
prey yus course, far 74.00 teat to o paint on LM Nor,, fight -of -Way fine of State Rome NumSer
826, Westbound, per Flarida Deparemct of Trcceporla0on Order of Talen9. Perctl 112 in Section
87170 -2517 per cIW Action No. 85 -14791 Ce 21 Ved for record on Nay 10, 1585 math the Clark
Of We Court. 4iani -dada County, Ronde. am the Point of Beginning or the hendcalfter dalcd d
parcel of bed, the nest -h (6) course. Deirq at right coy ea or per6el with the previa sy
pes.N5ed courne; (1) South 8734'W" East clang acne North Wght- of -Way lice far 82.00 feet; (2)
thence North 0026'W" Eost for 22.75 feet; (3) thence North 8734400' West for 26.25 feet; (a)
thence North 0026'W' East for 13.25 feel: (5) thence North 8TXOO- West for 55,75 feet (6)
theme South 0026'00- West for 36.00 feet to the Paint of 9eginn4:q.
SURVEYOR'S NOTES:
- This site Use Io Section 14, TownsNp 52 South, Range 42 East, Clty of Sunny Was Beach,
Warm -Ooh CmntY. Flared..
- 9O-dN- hereon are refored W an assomed wlue of S 89-34'W' E for the
North right of way line of STATE ROAD 825 (WESTBWM).
- Lands shown hereon were not abstracted for eo-emenb and /or rights -of -way of records.
- TN. 4 not a - Boundary S. ay- but oNy a graphic depl,an of the description shorn hereon.
- Land- shown hereon mntalniny 2.604 sguare feet. or 0.060 acres, pore a, less.
- Dimensions shown hereon are Eased an Fortin, Leavy, Skies. sketch 82009 -077.
SURVEYOR'S CERTIFICATION:
I hereby certify that We - Sketch of Description- wce mode under my rs- ponsNe charge on
January 29, 2014- and maete the app6co5e Code- oe set forth in the Fbrida AdmiNstraWe Code,
p.M.M W Section 472.027, Florid. Statutes.
RFa we.+NM Te ipuve and et Oiry.N steed
setl d e FbrNe tieewN 6u r ud usDper
FORTIN, L , SP ES, INC., LB36S3
By
Daniel Q Fortin, - r he Fv e
Svneyor am Mapper, L52853
Stcte of Roride.
1O ,.end By JJB
SKETCH OFDESCRIPTION
Date l /z9 /ta
cad. No. 1 }Doss
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FIORTIN, L.EAVY, SKTLES INC.
o
8cele N A
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CON$l1I,T' .!\'G E�'GINERS, SURVEYORS R MAPPERS
JoA No. I }1601
F[GAIDAra7>tJC-ra �AVI80IIIIAnW NC'14HPA OOOp369
Deer. No. 1013 -212ov
.otied: 2/3/149:4)!
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EXHIBIT "A"
99 59
D 1 PVS SEO OE ONEFICAS
OFLATSBOOK 108 PAGE 60 9-STORY
cc I - BUILDING
II-I A' V'E n rAl.cr
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0F MY L'A, X,
m 1 RpTRi BAY ft041
I N89-34'00'W
S XWiry PoDii LF WT LaC 6 $ft c 0.0ID a43 E321w'J 5•
F xz Tume: F+2 D`a. �CLp1 ND eo-:an u r , � r"
r— ______ 1
g ;`Dr ry'd SEG OF b,b 1 I
C STATE ROAD #826 9H
Ewv °a WESTBOUND b' ii 0IRA1K (POr --
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8lCOND RFVISFD MAT OF
D6l.A VISTA SVODINSION
----- L------ - - - - -- ------ - - - - -- ------------- L----
N.E. 163RD STREET
STATE ROAD 0826 EASTBOUND
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F�y dea SKETCH OF DESCRIPTION Sae. 1/29/14
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FORTIN, LEAVY, S KII ES, INC.
e 2009 -077 CONSULTING ENGLNEERS, SURVEYORS & AaAPPERS fob. Na 131601
FLOAmACE]LTTICATB OPAVffiOSEATION L .'U?IDpA:OW03623 iJ,.j. NO. 1013 -212CV
160 NOrOesst 16E1] 9t[wt /NertD Miami Baal F]O.ipa 3315_
foftel 1/3/1<9:Qa P l05 .931 F. 303651-7152 /Small Sbeef 2 of 3
EXHIBIT "A"
VISTAVIEW SECTION ONE LOT 1 .t
TATUM'S OCEAN PARK eey
(P.B. 96 PG. 68) (P.B. 10 PG. 64) 4
O GJPz.
¢ R.K. COMMERCIAL wFQ
¢ CENTER SOUTH u ti Z c
n
Q TRACT'A' �T
PLAZA OF THE AMERICAS
CD
SECTION ONE (P.B. 106 PG. 66) 6� P PART
r �J W
o /—SITE NOT
7- - -. SUBDIVIDED 0
e
STATE ROAD 826 WESTBOUND
I I 1 I BELLAVISTAISU812nd REVISION
11211111019 18 17 1 6 16a 1 51 41 3 21 11
I I I I I I 1 I I
I I 1 I I (P.B. 50 PG. 76)I 1 I I I I ¢ F
STATE ROAD 826 EASTBOUND o PARK Z
I I I I 1 I I I I I I I I O Z Q
23 1 24 125 1 26 127 128 129 130 1 31 132 1 33 1 34 135 136 ¢ w
I I I I I I I I I I ; I I 1f0„ O
TRACT W om o Q
F Wm
F ma
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Orewn BY ,1,18 SKETCH OFDESCRIPTION Date 1/29/14
ua• "'. 130455 FORTIN, LEAVY, S KILES, INC: s 1 =zoo t
wa' SURVEYORS & MAPPERS Iob. N. 131601
2009 -077 CONSULTING INGINEE.R.S,
FTQAIDA G£0.T1P1GTE OP AIIfllORTlT =NNUbf)gIl OWN6)3 D 9. 10. 1013 -212oV
160 NarAeaa 168tL SvM / Na1L Miw® BucL, FTariN 33162
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Cite 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
TO: The Honorable Mavor and City Commission
FROM: Hans Ottinot, City Attorney
DATE: November 16. 2014
Cin, Commission
Norman S. Edelcup.,lfmlor
Isaac Action. Face Almor
Jeanette Gatto. Commissioner
Jennifer Levin, Commissioner
George -Bud" Scholl. Commissioner
Christopher J. Russo. Cin' Manager
Hans Ottinot. Chy,lnorner
Jane A. [lines, dq IC. Cin, Clerk
RE: RatiNing the Settlement Agreement between the City and Unit Owners,
Hernan and Maria Garcia
RECONIMENDATION
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 claimants from Plaza of Americas Condominium. These claimants had objected
to the acquisition of the property required for the 826 West Overpass Pedestrian Bridge.
11/132014
'� O, sus ..'..
Item Cwer sheet
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 9493113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Hans Ottinot, City Attorney
DATE: 11/20/2014
RE: Ratifying the Settlement Agreement between the City
and Unit Owners, Hernan and Maria Garcia
RECOMMENDATION:
This Resolution is presented for your considerations.
REASONS:
This Resolution merely confirms a settlement agreement entered into
between the City of Sunny Isles Beach and claimants from Plaza of
Americas Condominium. These claimants had objected to the
acquisition of the property required for the 826 West Overpass
Pedestrian Bridge.
ATTACHMENTS:
Description
Agreement
WO
Item Number: 10.K.
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