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Home My WebLink AboutReso 2010-1521 RESOLUTION NO. 2010-~ \ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE PARTIAL STIPULATED ORDER OF TAKING FOR PROPERTY LOCATED AT 215-255 SUNNY ISLES BOULEVARD; 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. 2009-1400, adopted on April 16, 2009, the City Commission authorized the use of its eminent domain powers to condemn property located at 215-255 Sunny Isles Boulevard for public purpose, namely for the construction, development and use as a public park, public parking and recreational facilities and public open space; and WHEREAS, the City and the property owners have reached an agreement whereby title will be transferred to the City upon a deposit of $7.7 Million Dollars into the Miami-Dade County Clerk of Court Registry, and WHEREAS, the City Commission wishes to accept the terms and conditions outlined in the proposed Partial Stipulated Order of Taking. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratifying the Partial Stipulated Order of Taking. The Partial Stipulated Order of Taking for property located at 215-255 Sunny Isles Blvd. attached hereto as Exhibit "A" is hereby ratified. Section 2. Authorization of the City Manager and City Attorney. The City Manager and the City Attorney is hereby authorized to do all things necessary to effectuate same. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 28th day of January 2010. J ATTEST: ~~~ Jane A. ~ii1es, CMC"City Clerk' .. (. Ratifying the Partial Stipulated Order ofTaking- 215-255 Sunny Isles'Blvd. . ' '.' ,> Page 1 of2 '" APPROVED AS TO FORM AND LEGA FFI IENCY: Moved by: ~~ ~~7../^J Seconded by: -(,u YY\ ~ vl ~ J'\1...cr. R- Vote: S--o Mayor Edelcup Vice Mayor Thaler Commissioner Goodman Commissioner Brezin Commissioner Scholl ....JL.(Yes) ~(Yes) 0Yes) f1,Y es) -.0Y es) _(No) _(No) _(No) _(No) _(No) Ratifying the Partial Stipulated Order ofTaking- 215-255 Sunny Isles Blvd. Page 2 of2 - e e IN THE CIRCUIT COURT OF THE 11n1 JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUN1Y. FLORIDA SUNNY ISLES BEACH. a political subdivision of the State of Florida, CASE NO. 09-55633 CA 21 Petitioner. V5. Parcel A MEYER B. MARKS. GOLDA N. MARKS. LINDA J. MARKS, STEPHEN R. MARKS, LEROY WIENER, JACK BURSTINER, MIAMI-DADE COUN1Y FLORIDA, W-Z SUNNY ISLES, ILC. a Florida Limited Liability Company, SARITA WIENER, CO- TRUSTEE OF THE LEROY WIENER FAMILY TRUST AND CO-TRUSTEE OF THE LEROY WIENER MARITAL TRUST. AUSTIN A. FRYE, ESQUIRE. CO- TRUSTEE OF TIlE LEROY WIENER FAMILY TRUST AND CO-TRUSTEE OF THE LEROY WIENER MARITAL TRUST. DOUGLAS WIENER. RON WIENER, TAL KIENAN, JEFFREY WIENER, AMAZING FLOWERS MIAMI, THEE DOLLHOUSE. BEACH HOUSE CABARET. and CAUSEWAY LUMBER COMPANY. INC.. Defendants. / PARTIAL STIPULATED ORDER OF T AIClNG THIS CAUSE coming on to be heard by the Court, it appearing that proper notice was first given to all the Defendants. and to all persons having or claiming any equity, lien, title. or other '" interest in or to the real property described in the Petition, also known as "Parcel A". that the Petitioner would apply to this Court for an Order of Taking of Parcel A and the Court being fully advised in the premises, upon consideration, it is. therefore. ~ ORDERED AND ADJUDGED: 1. That the Court has jurisdiction of the subject matter and of Petitioner and 1 - e e Defendants, LINDA J. MARKS, STEPHEN R. MARKS, LEROY WIENER, JACK BURSTINER, W-Z SUNNY ISLES, LLC, a Florida limited Liability Company, SARITA WIENER, CO- TRUSTEE OF TIlE LEROY WIENER FAMILY TRUST AND CO-TRUSTEE OF TIlE LEROY WIENER MARITAL TRUST, AUSTIN A. FRYE, ESQUIRE, CO-TRUSTEE OF TIlE LEROY WIENER FAMILY TRUST AND CO-TRUSTEE OF THE LEROY WIENER MARITAL TRUST, and DOUGLAS WIENER the parties to this Partial Stipulated Final Judgment (hereinafter collected referred to as the "Parties'') 2. 1bat the pleadings in this cause are sufficient; 3. 1bat Petitioner is properly exercising its delegated authority; 4. 1bat Parcel A is being acquired for a public purpose, namely for the construction, development and use as a public park, public parking and' recreational facilities and public open space; 5. That the taking of Parcel A is reasonably necessary to serve the public purpose for which said property is being acquired; 6. That the Declaration of Taking filed in this cause by the Petitioner for the entry of the Partial Stipulated Order of Taking was made in good faith and was based upon a valid appraisal; For purposes of Florida Statute Chapter 74 only; 7. That, pursWlnt to F.S. F4.051 (3), Petitioner shall deposit into the Court Registry its good faith estimate of value of Seven Million Seven Hundred Thousand and No/100 Dollars ($7,700,000.00) within twenty (20) days from the date of this Order. Upon the making of said deposit ("Deposit'') and the Certificate of the Clerk of the Circuit Court that said sum has been deposited, fee simple title and interest to Parcel A, as described in the Amended Petition, and as described in Exhibit "An attached hereto, shall be vested in the Petitioner; 2 - e e 8. That Pared A property shall be deemed to be condemned and taken for the use of the Petitioner, and the right to full compensation for the same shall be vested in the persons lawfully entitled thereunto, such compensation to be ascertained and awarded in this cause as established by judgment herein after trial by juty or stipulated final judgment of the parties, and it is further; ORDERED AND ADJUDGED: 9 That upon the Clerk of the Court's certified receipt of the Deposit, as set forth in Paragraph 7 of this Order, and without further notice or action of the Parties or Order of this Court, Petitioner shall be entitled to complete and quiet possession of Pared A; 10. That, subject to proper notice and hearing. pursuant to Section 74.071, Florida Slall/les, and separate order of this Court, the deposit may be distributed to the Defendant(s), in accordance with the Court's order, and it is further; ORDERED AND ADJUDGED 1 1. That, pursuant to the stipulation of the Parties, Petitioner hereby agrees that, as consideration and inducement to the Defendants' agreement to enter into this Partial Stipulated Order of Taking. Petitioner hereby agrees that the miniml/11I compensation due to Defendants from Petitioner, which shall serve as full payment and compensation for all Defendant's rights, title and interest in Pared A, excepting attorneys fees and costs, but subject to the apportionment rights of all lawful property owners claims, mortgage interest, taxes, and liens, shall be Eight Million and No/loo Dollars ($8,000,000.00); and 12. That, by further stipulation of the parties, this Order shall not be used by any party, including any consul~t, lay person or expert witness, agent, employee or representative of said party, in any trial, proceeding. hearing or any in other manner whatsoever, except in a proceeding to enforce any term or condition of this Part:i21 Stipulated Order of Taking; 3 e e 13. Defendant(s) shall be responsible for the payment of all taxes due Defendant, MIAMI-DADE COUNTY, TAX COU.ECTOR, pert2ining to the subject property through the vesting of tide. Said taxes shall be paid from the above-mentioned deposit of funds. DONE AND ORDERED in Chambers this day of December, 2009, A.D., in the State of Florida, County of Miami-Dade. The Honorable William Thomas, Circuit Court Judge Copies to: All other parties on attached Service List 4 e e JOINT MOTION The parties, by and through their undenigned counse ~L:~~OfT~. Sidney . Calloway, Esquire Attorney for Petitioner City of Sunny Isles Beach Shutts & Bowen LLP 200 East Broward Boulevard Suite 2100 Fort Lauderdale, FL 33301 Date: 1~/~B/21 Brian P. Pate en. EsqUlI'e Attorney for Respondents Law Office of Brian P. Patchen, P A Jack Burstiner, BURCO, Inc., Sarita Wiener, Co Trustee of the Leroy Wiener Family Trost & Co-Trustee of the Leroy Wiener Marital Trost; Austin A. Frye, Esquire, Co Trustee of the Leroy Wiener Family Trost & Co-Trustee of the Leroy Wiener Marital Trust 1000 Brickell Avenue, Suite 1112 Miami, FL 33131 Phone: (305) 372-1112 Fax: (305) 372-3691 J. Hey Hicks, Esquire Attorney for Respondents Linda J. Marks and Stephen R. Marks Hicks & Schreiber, P.A. 890 South Dixie Highway Coral Gables, FL 33146 Phone: (305) 661-6688 Fax: (305) 663-0219 Date: /~-;;; 3-0Cf 5 I . I I I I I I e e CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been served by U.S. Mail to the parties shown on the attached Service List this t, day of January 2010. BY~ 6 e e EXHIBIT "A" Parcel "A" LEGAL DESCRIPTION Loti 5, 6, and 6-A of the Second REVISED PLAT OF BELLA VISTA SUBDMSION, according to the Plat thereof, recorded in the Plat Book SO, at Page 76 of the Public Records for Miami-Dade County, Florida, situated at 215-255 Sunny Isles Boulevard, Sunny Isles Beach, Miami-Dade County, Florida 33160. 7 e e SERVICE LIST Sunny Isles Beach v. Meyer B. Marks et aL -Case No.: 09-55633 CA 21 Hau Ottinolt E.quire OtyAttomey Oty of Sunny 1.1a Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Phone: (305) 792-1702 Fax: (305) 792-1562 Brian P. Patchen, Esquire Law Office of Brian P. Patchen, P A Attomey for Defendants, Jack Buntiner, BUReO, Inc., Sarita Wiener, Co Trustee of the Leroy Wiener Family Trult " Co-Tru.tee of the Leroy Wiener Marital Trult; ADatin A. Frye, Elquire, Co Tru.tee of the Leroy Wiener Family Trult " Co- Trultee of the Leroy Wiener Marital Trust 1000 Brickell Avenue, Suite 1112 Miami, FL 33131 Phone: (305) 372-1112 Fax: (305) 372-3691 John C. Lukacl, Esquire John C. Lukacl, P.A. Attomey (or Defendants The Gold Club, Inc., d/b/a Thee DoUhouae and/or the Beach Houae Cabaret; and Defendant Amazing FIowen Miami 201 Sevilla Avenue, Suite 305 Coral Gables, FL 33146 Phone: (305) 445-4425 Fax: (305) 445-2210 Tal Kienan Klausner 3 Herzlia Pituach 46683 Israel Jeffrey R. Eieenlmith, Esq. Attorney (or Causeway Lumber Company Jeffrey R. Eiscnsmith. P.A. 5561 N. Univenity Drive Coral Springs, FL 33067 Phone: (954) 523-7601 FTLDOCS 5496090 1 Debra Herman, Esquire Auiltant County Attorney Miami-Dade CoUDty Stephen P. Clark Center 111 Northwest 1st Street, Suite 2810 Miami, FL 33128 Phone: (305) 375-5151 Fax: (305) 375-5634 J. Wiley Hicks, Esquire Attorney (or Defendants Linda J. Madca and Stephen R. Marks Hicks" Schreiber, P.A. 890 South Dixie Highway Coral Gables. FL 33146 Phone: (305) 661-6688 Fax: (305) 663-0219 S. William Moore, Esquire Brigham Moore, LLP Attorney (or Defendant Douglas A. Wiener 3277 Fruitville Road, Unit E Sarasota, FL 34237 Phone: (941) 365-3800 Fax: (941) 952-1414 Jeffrey Wiener 415 West 56th Street, #5 New York, NY 10019 8 TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, M'!yor Lewis J. Thaler, Vice M'!)'or Roslyn Brezin, COmmifJioner Gerry Goodman, COmmifJioner George "Bud" SchoU, CommiJJioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax Rick Conner, City Manager Hans Ottinot, City At/oroey Jane A. Hines, City Clerk MEMORANDUM The Honorable City CommiSSi~. n\cx Hans Ottinot, City Attorney ~ \'\) January 28,2009 Partial Stipulated Order of Taking RECOMMENDATION: This Resolution is presented for your consideration. REASONS: The City this past year, filed an eminent domain action to acquire the property located at 215-255 Sunny Isles Boulevard. Since the filing of the eminent domain action, the parties have engaged in settlement discussions. Based on these discussions, the parties have negotiated a partial Stipulated Order of Taking whereby the City has agreed to deposit $7.7 million dollars into the registry of the Clerk of the Court in exchange for title of the aforementioned property. Additionally, the City has agreed to provide the property owners with a minimum compensation of$8 million dollars if this matter proceeds to a valuation trial. / Attachment