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.
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ATTEST:
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Jane A. Hines, CMC: City Clerk
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Approving the payment of the judgment in SIB vs. Marks, et al
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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
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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.
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FINAL JUDGMENT
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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
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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.
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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;
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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;
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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
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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
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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.
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HONORABLE WILLIAM THOMAS
CIRCUIT COURT JUDGE
Copies furnished to:
All Parties on the Attached Service List
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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
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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