HomeMy WebLinkAboutReso 2004-735
RESOLUTION 2004- '135"
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER AND THE CITY ATTORNEY TO
TENDER IN THE COURT REGISTRY OF THE CLERK OF
THE COURT OF THE ELEVENTH CIRCUIT, THE TOTAL
SUM OF THREE MILLION DOLLARS ($3,000,000.00) TO
ACQUIRE FEE SIMPLE INTEREST AND LEASEHOLD
INTEREST IN THE ALAMO PROPERTY (18080 COLLINS
AVENUE); PROVIDING THE CITY MANAGER AND THE
CITY ATTORNEY WITH THE AUTHORITY TO PAY ALL
COSTS AND FEES ASSOCIATED WITH ACQUIRING FEE
SIMPLE TITLE OF THE ALAMO PROPERTY; PROVIDING
THE CITY MANAGER AND THE CITY ATTORNEY TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 22,2003, the City made a determination that it needed to acquire
additional property to construct a public works facility; and
WHEREAS, the City brought a eminent domain action against 18100 Collins Avenue
Shopping Center, Ltd, et al.; and
WHEREAS, an Order of Taking Hearing is scheduled for December 6, 2004 in the
eminent domain action, and
WHEREAS, the Circuit Court may award fee simple title to the Alamo Property to the
City; and
WHEREAS, the City is required to deposit the necessary funds in the Court registry in
order to acquire fee simple title of the Alamo Property; and
WHEREAS, the City is also obligated to pay all fees and costs associated with the Order
of Taking Hearing; and
WHEREAS, the City Commission authorizes the City Manager and City Attorney to
take all necessary actions to acquire fee simple interest in the Alamo Property; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Authorization of the City Manager and City Attornev. The City Manager and City
Attorney are authorized to tender in the court registry of the Clerk of the Court of the Eleventh
Circuit, the total sum of Three Million Dollars ($3,000,000.00) to acquire fee simple interest and
leasehold interest in the Alamo Property, 18080 Collins Avenue.
Tender $2,250,000.00 & $450,000.00 in Court Registry 1
11/29/2004
Section 2. Costs and Fees. The City Manager and the City Attorney are authorized to pay all
costs and fees associated with the Order of Taking Hearing and to do all things necessary to
effectuate this Resolution.
Section 3.
Effective Date. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this J ~~ay of Novtn\w, 2004.
ATTEST:
..~a..w
Jane A. Hines, CIty'Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
~
t'ynn M. Dannheisser, City Attorney
Moved by:
Second by:
VOTE AS FOLLOWS:
Mayor Edelcup
Vice Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
( /) yes
lL> yes
lL) yes
~yes
L6yes
L-J no
L-J no
L-J no
L-J no
L-J no
Tender $2,250,000.00 & $450,000.00 in Court Registry 2
11/29/2004
� OD4_935-
JNNY SI co Commission
City of Sunny Isles Beach Norman S.Edeteap, Mayor
uo� eSey Gerry Goodman,Vice Mayor
.�, - e 17070 Collins Avenue, Suite 250 Roslyn Bruin,commissioner
Sunny Isles Beach, Florida 33160 Danny Iglesias,Commissioner
Lewis Thaler,Commissioner
er
(305) 947-0606 City Hall Christopher J.Russo,CuyManager
1305)949-3113 Fax
4 OIL
Lynn M.Dannheisser,City Attorney
'„ 1305) 947-2150 Building Department Jane A.Hines,Cay Clerk
o. zu 13051947-5107 Fax
Memorandum
TO: The Honorable City Commission
FROM: Lynn M. Dannheisser, City Attorney
DATE: November 18, 2004
RE: City of Sunny Isles Beach v. 18100 Collins Avenue
As you may know, an Order of Taking Hearing is scheduled for the above-referenced
case on December 6, 2004. The City's special counsel Norman Malinski has advised us
that we need to have the necessary funds available to be deposited in the court registry
if fee simple title is awarded to the City at the Order of Taking Hearing. As such, the City
Manager and I are requesting your permission to deposit the necessary funds to acquire
fee simple title of the Alamo Property and the leasehold interest in the Property. We are
also requesting permission to pay all costs and fees associated with the Order of Taking
Hearing.
LMD:jb
Agenda Item 10 ' r
Date it- Is-04