HomeMy WebLinkAboutReso 2015-2404 RESOLUTION NO. 2015-21)014
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING . SETTLEMENT
AGREEMENTS BETWEEN THE CITY OF SUNNY ISLES BEACH
AND ANA LAU AND ELENA FORDJOUR (`UNIT OWNERS') OF
THE PLAZA OF THE AMERICAS CONDOMINIUM, ATTACHED
HERETO AS EXHIBITS "A" AND "B"; 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 Nest Overpass Pedestrian Bridge for the Gateway Park; and
WHEREAS, the owner of the property. Plaza of the Americas. Club. Inc.. has sold 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. Ana M. Lau and Elena Fordjour timely responded and objected
pursuant to Section 73.073, Florida Statutes; and
WHEREAS, the City Commission wishes to ratify Settlement Agreements between the
City and Ana M. Lau and Elena Fordjour.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratifying the Settlement Agreements. The City Commission hereby ratifies the
Settlement Agreements between the City of Sunny Isles Beach and unit owners. Ana M. Lau and
Elena Fordjour, attached hereto as Exhibits "A" and "B".
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.
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PASSED AND ADOPTED this 16th day of April 2015.
Georg- . Scholl. Mayor
i'.: I .
4
r':ATTEST: • •
c_____atte_s.
Jane•A. Hines. City Clerk. MMC
i. 1
I a L
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Ste ot. li v Attorney
hMoved b}: e-ti omM
Seconded by: L a 1
Vote: 6-O
Mayor Scholl ti(Yes) (No)
Vice Mayor Gatto ✓(Yes) (No)
Commissioner Aelion %/(Yes) (No)
Commissioner Goldman ,'(Yes) (No)
Commissioner Levin ✓(Yes) (No)
Page 2 oft
1221 BRICKELL AVENUE
GRAY ROBINSON SurrE 1600
BOC4 RATON
Mum, FL 33131 FORT LAUDERDALE
ATTORNEYS AT LAW TEL 30S-416-6880 JACKSONVILLE
FAX 305-416-6887 KEY WEST
LAKELAND
MELBOURNE
MIAMI
305-913-0537 NAPLES
3RADLEY.GOULD(JGRAY-ROBINSON.COM ORLANDO
TALLAHASSEE
TAMPA
November 7, 2014
Anna M. Lau
423 - 76 St.
No. Bergen ,NJ 07047
Re: City of Sunny Isles Beach v. Plaza of the Americas
Acquisition of Property for Pedestrian Overpass Bridge for Gateway Park
Owner of Unit 414 in Building 1, Plaza of the Americas
Dear Ana:
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 of the settlement are as follows:
1. Compensation: You will receive from the City the sum of SEVEN THOUSAND FIVE
HUNDRED DOLLARS ($7,500.00) in full settlement of all claims'for compensation arising
from of 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, you (a) withdraw your objections to the City's proposed acquisition and
appraised value of the Property; (b) convey your interest as a unit owner in the Property and (c)
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disclaim all rights you have under Florida Law with regard to the condemnation of the Property.
3. Noise: The City will use its best efforts to remedy any complaints by you or your
tenant, which said complaints are to be made to the City Manager or his designee, regarding
noise from the elevator of the Pedestrian Overpass Bridge
EXHIBIT "A"
i .
GRa1'ROBINSON
PROFESSIONAL ASSOCIATION
fi
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4. Miscellaneous. This Agreement constitutes the entire agreement between the
f i 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.
By executing this letter below,-you are confirming that this is the Fsettlement agreement
reached between yourself and 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
can 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
C
zre
By:
An‘Lau,As Unit Owner of Unit 414 • •
i�Building 1 of the Plaza of the Americas
BSG/dgh
c
l
,. 'r SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into this
/b day of M/!-R CH, 2015 by and between ELENA FORDJOUR, individually and
as TRUSTEE OF THE ELENA FORDJOUR REVOCABLE LIVING TRUST, dated June 2,
2014 ("Unit Owner") and THE CITY OF SUNNY ISLES BEACH, 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#814 in Building 1 of the
Plaza of the Americas with an address of 16909 North Bay Road, #814, 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 TEN AND NO/100 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:
1. Recitals. The recitals set forth above are true and correct.
2. Compensation. Unit Owner shall have and recover from the City the sum of TEN
THOUSAND TWO HUNDRED FIFTY DOLLARS (10,250.00) 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 I above, the Unit Owner conveys all interest it has in the Property by virtue of its
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EXHIBIT "B"
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ownership of a condominium unit in the Plaza of the Americas to Purchaser. The Unit Owner
withdraws its objections to the Purchaser's taking and/or acquisition of the Property and the
appraised value of the Property. The Unit Owner disclaims all rights it has ,under Florida
Law 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 fully 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.
6. Miscellaneous.
(a) This Agreement shall be construed and governed in accordance with laws
of the State of Florida and in the event of any litieation hereunder, the venue for any such
litigation, shall be in Miami-Dade County. All of the parties to this Agreement have participated
fully 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.
(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 iagreement 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.
(f) 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.
8. Disbursement, The Unit Owner directs the City to 'ssue its teck. in 34 sum set
forth in Paragraph 1 above made payable to Trust Account of .)ftpralynyetwhich is the
law firm representing the Unit Owner.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
first set forth above.
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ELENA FORDJOUR, individually and as
Trustee of thc Elena Fordjour Revocable
Living Trust, dated June 2, 2014, as the
Unit Ow er of Unit 814 in Building I of
Witnesses the Plaz. o' the Americas
Liar /
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BY:
�aV eit idrrt_
[Print Tame)
Date Executed: 3 —1 k
[Print Name]
BORIS S.MATATOV' 1
NDta-ty.:Purb1Hc,We of hawVOW
4t44-Kip in Kings County
y No.t?1MA&272101
STATE OFRLOP.IDA NBw /alit ) Y.�.m ti`sIAEXWes41-1 If;
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COUNTY OF r. & ! _ :
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BEFORE M E, the undersigned authority, personally appeared
6c/r N Ton djo 4a who: is personally known to me; or has produced
Mew 1/2tk, Stmt. Di)ve.fbuvcas 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 (6//day of yilia?f , 2014.
//
No . 007 is
a .
State of Florida
My Commission Expires: ///I5,/ogv4
5
CITY OF SUNNY ISLES BEACH
BY / /�f& •
Christopher J ilusso, City Manager
DATE:
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(.; , -
ATTEST ' , •
e. I
L ane;•Ines, • MC, City lerk
• . - ` APPROVED A TO ORM AND
LEGAL SUF Pi ff. r -� Y
BY: ASH
'Fri 7CitYAttorncy
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City Commission
SONNY 5 F
City of Sunny Isles Beach
George"Bud"Scholl,Mayor
� 18070 Collins Avenue. Suite 250 Jeanette Gatto. fice,4/mror
> _ m Isaac Aelion Commissioner
ti Sunni- Isles Beach. Florida 33160
-s- Dana Goldman.Commissioner
t_ 1}� _ _ (305)947-0606 City Hall Jenifer Levin.Commissioner
(305)949-3113 Fax
s y_, r (305)947-2150 Building Department Christopher J.Russo City tyAttorney
s` '�` s`'r (305)947-5107 Fax Hans Ottinot.
es.\It-C. Attorney
Jane A.Hines,>UIC.City Clerk
tit)"OF $UN '
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MEMORANDUM
TO: Honorable Mayor and City Commission
FROM: Hans Ottinot. City Attorney
" 010,4 i
DATE: April 16, 2015
RE: Ratifying the Settlement Agreements between the City and Unit Owners,
Ana M. Lau and Elena Fordjour
RECOMMENDATION
This Resolution is presented for your consideration.
REASONS ,
This Resolution merely confirms settlement agreements 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.
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Item Coversheet Pale 1 of 1
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!,,,s City of Sunny Isles Beach
4t . . 18070 Collins Avenue '1
.�� I. Sunny Isles Beach, Florida 33160 ( 0 11nn\
;a°., . (305)9474606 City Hall
o.,. (305)949-3113 Fax
MEMORANDUM
4 - (v5
TO: The Honorable Mayor and City Commission
FROM: Hans Ottinot,City Attorney
DATE: 4/16/2015
RE: Ratifying the Settlement Agreements between the City
and Unit Owners,Ana M. Lau and Elena Fordjour
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS:
This Resolution merely confirms settlement agreements 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
propene required for the 826 West Overpass Pedestrian Bridge.
ATTACHMENTS:
Description
Resolution
Exhibit A
Exhibit B
Item Number: 10.N.
http://sunnyisles.novusagenda.com/Agenda\Veb/CoverSheet.aspx?ItemID=1630 4/9/2015