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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. Page I of 2 • 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) • 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 Page 2 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 t EXHIBIT "B" • 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. • 3 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 / • / 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; )ss: COUNTY OF r. & ! _ : 'Cfitgf 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: • (.; , - ATTEST ' , • e. I L ane;•Ines, • MC, City lerk • . - ` APPROVED A TO ORM AND LEGAL SUF Pi ff. r -� Y BY: ASH 'Fri 7CitYAttorncy • 6 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 ' • 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. • Item Coversheet Pale 1 of 1 • !,,,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