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Home My WebLink AboutReso 2005-772 RESOLUTION NO. 2005-77;)" A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO ENTER INTO DISCUSSIONS NEGOTIATIONS AND/OR MEDIATION IN THE CONDEMNATION ACTION INVOLVING THE PROPERTY LOCATED AT 201-182ND DRIVE ALSO KNOWN AS "EMPRESS PROPERTY"; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO PAY ALL FEES AND COSTS RELATED TO PRE SUIT NEGOTIATIONS; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution 2004-649 adopted by the City of Sunny Isles Beach authorized the City Manager and City Attorney to acquire by purchase or condemnation the Property located at 20 I I 82nd Drive, Sunny Isles Beach also known as "Empress" for use as a school; and WHEREAS, the owner of the property has rejected an offer made by the City and has retained counsel to represent him in this matter. Owner's counsel is willing to enter into discussions and has expressed the desire to reach an amicable resolution; and WHEREAS, as a condition of pre suit negotiations, Owner's counsel has requested that the City pay all reasonable costs incurred by property owner in the pre suit negotiations. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Authoritv of the City Manager and City Attorney. The City Commission hereby authorizes the City Manager and the City Attorney to enter into discussions/ negotiations and/or mediation in the condemnation action involving the property located at 201-182nd Drive, Sunny Isles Beach also known as "Empress Property" for use as a school. The City Manager is authorized to pay all fees and costs related to presuit negotiations and is authorized to do all things necessary to effectuate this Resolution. Section 2. Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOYfED thislO+1ay of h.~ 2005. ATTEST: ~'A:L Jane A. Hines, City Clerk APPROVED AS TO FORM AN'7tE~SUFFICIENCY rA.JJ4.. L Lynn M. Dannheisser, City Attorney VOTE AS FOLLOWS: S"'b Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias Moved by: .VI(-t,. W\~oV' ~~~ Second by: C~ \n~ ~ b tR~"'2..1 ~ V (Yes)_(No) ~(Yes)_(No) V (Yes)_(No) ~Yes)_(No) (Yes)_(No) l.;;IUr<;r:.I'l \...Ml:.I'<:Ut" l:. I AL I-'AGE ~2!~3 j~;BRIGHAMMQORE"",:-'-" - - . ,. . -- ~~~...- -.-- . ...., . . . -.,. --.- "~"'" lalrv Prince Brip~Bm S William MDnre Mdrew K. S"hll~rp.r Robert C. Bymn Mark A Tobin Amy nr;Qh~m BDuJris Andrew Prinr.~ Briqilllm .John W. I HI/n. III ';lll";)N.(:'ml~' eMINENT DOMAIN a PRDPERTV RIGHTS LAWVERS .IIlRn M. Mulii7 Jack~n H. BnwmRn IV PRlrick T ni~inlrn GrnflOry S. Hi~ [I. Marlt Natirbnfr Fr.lOcisr.n.1. Pinp.! MmllY K, 1't1/J~lu:; .1'lOlIIr", AY"Jr.~ BoniHeld mtobin(Q"lcmincntdomlliD.com January 21,2005 Kerry L. Euo 1, .Esq. Goren, Charo!, Doody & Ezral, P.A. 3099 E. Commercial Blvd " Suite 200 Ft. Lauderdale, FL 33308 Telecopy (954) 771-4923 " . Re: ' p'r9IJO~~cJ~aking ,9.fJ,212891 c:ANADA INC,'s ProJJe~ Located at 201 t820d :prive, S~Jlny lsles' Beach~ Florida . . ". ..... ... . " '.' .: : . ." . ," '. " .:. ' Dear Mr. Ezrol: As you know, the City has contacted us to express a desire to acquire my client's property for a school. While my client would prefer not to sell his property at this time, since the City has expressed a serious intent to acquire the property, he would be willing to accept the City's invitation to engage in a meaningful negotiation. We. agreed that, in light of the City's !l.cqui$~t(lry intent, it is in the best interest of all {larties to seek an amicable resolution of this I matter, earlier dither thiUi later. . In order 10 be properly lnfonned and for !bere to be any chaneeof an amicable resolution, the owner would necessarily incur costs to receive expert guidance as to the property's valuation and for issues re~ated thereto. Accordingly, and in order to pursue the City's invitation for early negotiation, weJrequested that the City agree to pay all reasonable costs incurred by 3212891 Canada, Inc. in presuit negotiations ~ contemplated by 73.091 and 73.092 (Florida Statutes), regardless of th outcome of the good faith negotiations anticipated. The City would not waive irs righlS to con~estcos,[S as to tlte .reasonableness of the amounts. It would pay said reasonable costs wh~ther o~ not an a~~~sltio~ ~ere' negotiated prior to ,~. condemnation. suit. ~d vvhether or not the CIty file~ such a SUIt: .,. " .. I 203 SW 13th Strp.el · Miomi. Florida 33130-4219 Tel: 305.858.24nO · 800.380.3338 · Fax: 305.85B.5R2R . www.emrnentdomain,com Miami · Sarasota · Jacksonville · St. Pr:lIersbllrg . West Pa!m Beach January 21, 2005 Page -2- We discussed what would happen in the unlikely event of any disagreements as to the amount the City is to pay for ureasonable costs"and arrived at the following: If the parties do not reach agreement on the amount of any cost items, the parties will seek the review and non-binding recommendation of a mutually agreed cost reviewer, experienc~ in eminent domain. If the parties are in disagreement even after this reviewer's input is received and considered, they will submit the matter to binding arbitration. ~ Finally, we agreed to hold a pre-suit mc:::uiatiOll for our negctietiOf1~ 9R ~\?nJ~":Y 1, ?on.t;, , . ~ o~ 0.. dtX\-cL ~ t1~,- .} \;.a~ ~ wd.~ ~ ~ ~'ly ~r ~'" If this letter accurately reflects our agreem.ent, pIe s~ so mdicate by signing the line provided below and returning it to me via facsimile transmis ion to 305/854-7271. .. I trust you feel free to call with any questions. Tj is of the essence for receipt of a signed copy of this letter in light of the rapidly approaching ediation date. cc: Lyn.n M. Dannheisser, City Attorney, City of Sunny I Jes Beach ,JB;RIGH{\lM MOj)RE'M,_ UUJfr.'n DlUAI" l rnDl'rnn nllllln uwvru -iTV'1 - 1 7 2. City Commission SJ"Nvs<pr ° City of Sunny Isles Beach Norman S.Edelcup,.Mayor mLewis J.Thaler, Vice Mayor 17070 Collins Avenue, Suite 250 Roslyn Brain,Commissioner Sunny Isles Beach, Florida 33160 Danny Iglesias,Commissioner s Gerry Goodman,Commissioner �// �305� 947-2150 City Hall Christopher J.Russo,Ciry Manage. 0. /Q' . �305� 947-2150 •Building Department Lynn M.Dannheisser,Ciry Attorney ° (305 949-3113 Fax Jane A.Hines,City Clerk of sun e MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Lynn M. Dannheisser, City Attorney /J ,-, DATE: February 10, 2005 �lVy-<�. RE: Acquisition of Property located at 201-182"d Ave. ("Empress Property") Recommendation: It is recommended that the City Commission adopt the attached Resolution. Reasons: In 2004 the City Commission adopted Resolution 2004-649 authorizing the City Manager and City Attorney to acquire by purchase or condemnation the property located at 201 182" Drive, Sunny Isles Beach also known as"Empress Property" for use as a school. The owner of the property has rejected an offer made by the City and has retained counsel to represent him in this matter. However, Owner's counsel has offered to enter into discussions in an effort to reach an amicable resolution. The Resolution before you know authorizes the City Manager and City Attorney to enter into negotiations, including the presuit mediation, for the acquisition/condemnation of the property located at 201-182"d Avenue, for use as a K-8 school. Additional Information Owner's counsel has requested that the City pay all reasonable costs incurred by property owner in the presuit negotiations, and I am requesting authority from the Commission to do so. LMD:jb