Loading...
HomeMy WebLinkAboutReso 2010-1592 RESOLUTION NO. 2010- ISq.;J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA APPROVING PAYMENT OF JUDGMENT IN THE EMINENT DOMAIN CASE ENTITLED CITY OF SUNNY ISLES BEACH VS. MARKS ET AL. CASE NO. 09-55633 CA 21; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City acquired the property located at 215-255 Sunny Isles Boulevard by eminent domain; and WHEREAS, the City is required to compensate the property owners pursuant to the Final Judgment issued by the circuit court. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Payment of the Judgment. The City Commission hereby approves the payment of the judgment in the eminent domain case City of Sunny Isles Beach vs. Marks, et al. Section 2. Authorization of the City Manager and the City Attorney. The City Manager and the City Attorney is hereby authorized to do all things necessary to effectuate these agreements. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 15th day of July 2010. / ATTEST: ~a~~ Jane A. Hines, CMC: City Clerk - . .., Approving the payment of the judgment in SIB vs. Marks, et al - APPROVED AS TO FORM AND LEGA S F IENCY: Moved by: -1, ~ VV\~ -rHtd-(f~ Seconded by: ~~\bru~ ~\-\DU- Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Goodman Commissioner Brezin Commissioner Scholl ~(Yes) V(Y es) V (Yes) ~(Y es) ~(Yes) _(No) _(No) _(No) _(No) _(No) Approving the payment of the judgment in SIB vs. Marks, et al r -- ," , SUNNY ISLES BEACH, a political subdivision of the State of Florida, Petitioner, vs. MEYER B. MARKS, GOLDA N. MARKS, LINDA J. MARKS, STEPHEN R. MARKS, LEROY WIENER, JACK BURSTINER, MIAMI- DADE COUNTY FLORIDA, W-Z SUNNY ISLES, LLC, 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 THE 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 OOLLHOUSE, GOLD CLUB, INC., d/b/a BEACH HOUSE CABARET, and CAUSEWAY LUMBER COMPANY, INC., Defendants. AbM.€U FINAL JUDGMENT ~ ...... e IN THE CIRCUIT COURT OF THE 11m JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL CIRCUIT DIVISION CASE NO. 09-55633 CA 21 Parcel A / TIllS CAUSE, having come before this Cowt, for a jury trial between January 14, 2010 and January 16, 2010, and the court having impaneled and sworn a jury of twelve. persons to try the issue of the amount of compensation to be paid by Petitioner, CITY OF SUNNY ISLES BEACH to the Defendants, LINDA J. MARKS, and STEPHEN R. Page 1 of 6 , o e ~ MARKS, for the ~ppropriation of Parcel A, and the jury having considered the evidence and the charges and instructions of the Court and having deliberated and rendered their Verdict, including the legal description of Parcel A, on June 16, 2010, which is attached hereto as Exhibit /I AJ/ of this Final Judgment and incorporated herein, and the Court being otherwise advised in the premises, it is therefore, ORDERED AND ADJUDGED: 1. Pursuant to the Verdict, the Court hereby finds that full compensation to be paid by Petitioner to Defendants, LINDA J. MARKS and STEPHEN R. MARKS, for the value and appropriation of Parcel A, including without limitation each and every claim, interest, and demand made by each and every Defendant party in the instant cause, is the amount of Ten Million Six Hundred lhirty Thousand and No/l00 Dollars ($10,630,000.00), which amount however, does not include statutory interest, attorneys fees pursuant to ~ 73.092, Florida Statutes, and Defendants' taxable costs pursuant to ~ 73.091, Florida Statutes; 2. The full compensation to be paid by Petitioner to Defendants, LINDA J. MARKS and STEPHEN R. MARKS, including all amounts paid by Petitioner to said Defendants as compensation for statutory pre-judgment and post-judgment interest, is specifically subject, by this Final Judgment, to the legal and proper apportionment claims of any other Defendant in the instant case; Page 2 of 6 - F o 0- 3. The vesting of title and interest in and to Parcel A in the Petitioner, which occurred by operation of Florida law on January 26, 2010, pursuant to Petitioner's deposit of its good faith estimate into the Court Registry is hereby ratified, adopted and confirmed; 4. The Court finds that Petitioner, previously deposited the sum of Seven Million Seven Hundred Thousand and No/100 Dollars ($7,700,000.00) on January 26, 2010, pursuant to- those certain Partial Stipulated Order of Taking, including all amendments thereto, which amount was subsequently withdrawn following hearing and entry of an agreed order based on the stipulation by and between Defendants, STEPHEN R. MARKS, LINDA J. MARKS, and Defendants, BURCO INC., SARITA WIENER, CO-lRUSTEE OF THE LEROY WEINER MARITAL lRUST AND AUSTIN FRYE, ESQUIRE, CO-lRUSTEE OF THE LEROY WEINER FAMILY lRUST AND CO- lRUSTEE OF THE LEROY WIENER MARITAL lRUST, and Defendant, GOLD CLUB, INC, and it is further; ORDERED AND ADJUDGED: 5. Petitioner shall, within twenty (20) days of this executed Final Judgment, pay the additional sum of Two Million Nine Hundred lhirty Thousand and No/lOO Dollars ($2,930,000.00) for the benefit and account of Defendants, LINDA J. MARKS and STEPHEN R. MARKS, to mCKS & SCHREIBER, P.A., TRUST ACCOUNT, 890 S. Dixie Highway, Coral Gables, FL 33146; Page 3 of6 ..~ '" o o 6. . Petitioner shall further, within twenty (20) days of this executed Final Judgment, pay the additional sum of Seventy Eight Thousand Twenty-Five and 68/100 Dollars ($78, 025.68), which amount shall fully and completely compensate Defendants, LINDA J. MARKS and STEPHEN R. MARKS, for all legal and proper statutory pre- judgment and post-judgment interest for the period between January 26, 2010 and July 7, 2010 in the instant cause, to mCKS & SCHREillER, P.A., TRUST ACCOUNT, 890 S. Dixie Highway, Coral Gables, FL 33146 for the benefit and account of Defendants, LINDA J. MARKS and STEPHEN R. MARKS. Notwithstanding, Petitioner shall pay said Defendants post-judgment interest at the per diem rate of $481.64 for each and every day after July 7, 2010 that said amount described in paragraph 5 of this Final Judgment is not paid; 7. Petitioner shall further, within twenty (20) days of this executed Final Judgment pay Defendants, LINDA J. MARKS and STEPHEN R. MARKS, the sum of Five Hundred Ninety-Six and No/100 Dollars ($596,000.00) as full and complete payment of said Defendants' lawful entitlement to attorney's fees pursuant to Fla. Stat. 973.092(1), to mCKS & SCHREillER, P.A., TRUST ACCOUNT, 890 S. Dixie Highway, Coral Gables, FL 33146; 8. In accordance with paragraphs 5, 6, and 7 of this Final Judgment, the total amount to be paid by Petitioner, OTY OF SUNNY ISLES BEACH to Defendants, LINDA J. MARKS, and STEPHEN R. MARKS pursuant to this Final Judgment is Three Page 4 of 6 , o e .. Million Six Hundred Four Thousand Twenty-Five and 68/100 D~llars ($3,604,025.68) (the sum of $2,930,000.00 and $78,025.68 and $596,000.00), plus per diem interest after July 7, 2010, as applicable, and it is further; ORDERED AND ADJUDGED 9. This Court specifically orders that Defendants, LINDA J. MARKS and STEPHEN R. MARKS', attorney of record, J. Wiley Hicks, Esquire, of mCKS & SCHREffiER, P. A., within three (3) days of receipt by Petitioner of the amounts and monies set forth and described in paragraphs 5 and 6 of this Final Judgment shall deposit said sums ($2,930,000.00 and $78,025.68) into the interest bearing account at Sabadell United Bank in the names of the Law Office of Brian P. Patchen, P.A., Hicks & Schreiber, P.A., and the Law Office of John C. Lukacs, P.A., which was previously established pursuant to this Court's Agreed Order To Withdraw Funds, dated February 2, 2010; 10. This Court hereby retains jurisdiction in the instant cause to adjudicate any claims or disputes concerning this Final Judgment and/or the apportionment of the condemnation proceeds as set forth and described in this Final Judgment and to adjudicate any dispute between Petitioner and Defendants concerning the amount of the Defendants' taxable and reasonable costs, if any, pursuant to 9 73.091, Florida Statutes, and/or the Defendants' reasonable attorneys fees, if any, pursuant to 973.092(2), Florida Statutes, and to enforce the terms of the Partial Stipulated Order of Page 5 of6 , o o Taking of December 19, 2009, and the Partial Stipulated Order of Taking of January 25, 2010. DONE AND ORDERED in Chambers at Miami, Miami-Dade County, Florida, this -+- day of July, 2010. .~ .} :-, ) HONORABLE WILLIAM THOMAS CIRCUIT COURT JUDGE Copies furnished to: All Parties on the Attached Service List Page 6 of 6 ~ Preview Page 1 of2 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 7/15/2010 RE: Approving Payment of Judgment in Sunny Isles Beach v Marks, et aI., Case No. 09-55633 CA 21 RECOMMENDATION: The attached Resolution is presented for your approval REASONS: As you know, the jury issued its verdict in the eminent domain case between the City and the owners of the property located at 215 Sunny Isles Boulevard. The jury verdict was $10,630.000.00. It is important to note that jury verdict is less than the $12.9 Million Dollars that the property owners were requesting. Essentially, the verdict reflects basically the same amount compensation that the City has paid to acquire the adjacent property from RI< Associates. Simply put, the verdict suggests that jury sought to provide compensation for the non-cash benefits (rent income and development rights) provided to RI<. More precisely, the jury's verdict reflects an effort by the jury to value the subject property and the RK property in the same manner because the properties are the same size. Additionally, under Florida law, the City is responsible to pay the property owners attorney fees and prejudgment and post-judgment interest relating to the verdict. The judgment reflects payment of attorneys relating to the verdict and interest payments. As a point of information, at the time of issuance of the judgment, the City was only required to pay $3,604,025.68 to finalize payment for the judgment and associated attorneys' fees and interest because the City had previously deposited $7.7 Million Dollars when it obtained legal title to the property. The above mentioned compensation is the maJonty of the compensation in the case. However, the City is required pursuant to Florida law to pay the property owners' expert costs relating to the trial and attorneys' fees relating to an apportionment hearing for distribution of the judgment proceeds between the property owners. We are currently evaluating the experts' costs. It is reasonable to assume that remaining fees will be less than http://sibagenda.sibfl.net/agendaJPreview.aspx?ItemID=311 &MeetingID=O&MeetingDate=... 7/9/2010 Preview Page 2 of2 the fees paid associated with the judgment. 1 Attachment ATTACHMENTS: . Resolution . Final Order http://sibagenda.sibfl.netJagenda/Preview.aspx?ItemID=311 &MeetingID=O&MeetingDate=... 7/912010 TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vi" Mayor Roslyn Brezin, C'ommirrifmer Gerry Goodman, Commio"ifmer George "Bud" Scholl, Commio"ioner (305) 947-0606 City Hall (305) 949-3113 I'ax (305) 947-2150 Huilding Department (305) 947-5107 Fax Rick Conner, Adi~g City AlaIJf1;ger Hans OUinot, Ci!y Al/of11,y Jane A. Hines, Ci!y Clerk. MEMORANDUM The Honorable City commissxv Hans Ottinot, City AttorneytAJ \J July 15,2010 Approving Payment of Judgment in Sunny Isles Beach v. Marks, et. aI., Case No. 09-55633 CA 21 RECOMMENDATION: The attached Resolution is presented for your approval. REASONS: As you know, the jury issued its verdict in the eminent domain case between the City and the owners of the property located at 215 Sunny Isles Boulevard. The jury verdict was $10,630.000.00. It is important to note that jury verdict is less than the $12.9 Million Dollars that the property owners were requesting. Essentially, the verdict reflects basically the same amount compensation that the City has paid to acquire the adjacent property from RK Associates. Simply put, the verdict suggests that jury sought to provide compensation for the non-cash benefits (rent income and development rights) provided to RK More precisely, the jury's verdict reflects an effort by the jury to value the subject property and the RK property in the same manner because the properties are the same size. Additionally, under Florida law, the City is responsible to pay the property owners attorney fees and prejudgment and post-judgment interest relating to the verdict. The judgment reflects payment of attorneys relating to the verdict and interest payments. As a point of information, at the time of issuance of the judgment, the City was only required to pay $3,604,025.68 to finalize payment for the judgment and associated attorneys' fees and interest because the City had previously deposited $7.7 Million Dollars when it obtained legal title to the property. The above mentioned compensation is the majority of the compensation in the case. However, the City is required pursuant to Florida law to pay the property owners' expert costs relating to the trial and attorneys' fees relating to an apportionment hearing for distribution of the judgment proceeds between the property owners. We are currently evaluating the experts' costs. It is reasonable to assume that remaining fees will be less than the fees paid associated with the judgment. / Attachment