HomeMy WebLinkAboutReso 2017-2695 RESOLUTION NO. 2017- PpgS
•
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE
PAYMENT OF THE FINAL JUDGMENT RELATING TO CITY
OF SUNNY ISLES BEACH V. CALVARY CORP. ET AL. CASE
NO. 12-26693 CA 09 AND CASE NO. 3D15-1420 IN THE AMOUNT
OF ONE MILLION TWO HUNDRED SEVENTY FOUR THREE
HUNDRED THIRTY SEVEN DOLLARS AND SIXTEEN CENTS
(51,274,337.16); PROVIDING THE CITY MANAGER AND THE
CITY ATTORNEY WITH THE AUTHORITY TO PAY
APPELLATE ATTORNEY'S FEES AND EXPERTS' FEES AND
COSTS UPON A DETERMINATION BY THE COURT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach initiated an eminent domain action against an
owner of submerged land to construct the Emergency Pedestrian Bridge.
WHERAS, on June 12, 2015, a Final Judgment was awarded against the City wherein
the Respondent was awarded attorney's fees plus statutory interest for the trial. The Final
Judgment is attached as Exhibit "A".
WHEREAS, the Final Judgment was appealed to the Third District Court of Appeal. On
January 25, 2017, the Third District affirmed the Final Judgment in the trial court in an opinion.
WHEREAS, under Florida law, the City is obligated to pay all the property owner
attorneys' fees and experts' fees and costs, in an eminent domain proceedings, and
WHEREAS, the City Commission wishes to ratify the payment of the Final Judgment
and to authorize the payment of appellate attorney's fees and experts' fees and cost.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratifying the Payment of the Final Judgment. The City Commission hereby
ratifies the payment of the Final Judgment issued by the Trial Court.
Section 2. Authorization of City Manager and City Attorney. The City Manager and City
Attorney are authorized to pay appellate attorney's fees and experts' fees and costs upon a
determination by the court.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 20th day of April 2017.
Ratifying Final Judgement Payment 1 of 2
George . Scholl, Mayor
t
AT ES 1:
> - \
• et:Mr
Jane A.\ ine`,' MC, City Clerk
, s r.
APPROVED AS TO FORM
AND ! 51 ICIENCY:
A
ans 6 not, City Attorney
Moved by: (-Writ.
Seconded by: V (EX Mb - 46Ldt44
Vote:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Goldman "(Yes) (No)
Commissioner Aeliontnfr (Yes) (No)
Commissioner Gatto Yes) (No)
Commissioner Svechin V (Yes) (No)
Ratifying Final Judgement Payment 2 of 2
N THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
SUNNY ISLES BEACH, a political Civil Action No: 12-26693 CA 09
subdivision of the State of Florida,
Parcel A
Petitioner,
VS.
CALVARY CORP, a dissolved Florida
Corporation, et al.,
Respondents.
FINAL JUDGMENT
THIS ACTION was tried as to Parcel A, and the jury was empaneled and sworn to try the
issue of full compensation to be paid to the Respondents for Parcel A, and the jury heard the
evidence and the charges of the Court and retired to consider their verdict on June 5, 2015, and
returned the verdict attached hereto as Exhibit A.
It is further ORDERED AND ADJUDGED that:
1. Defendants shall have and recover from Petitioner,the CITY OF SUNNY ISLES
BEACH, the sum of EIGHT HUNDRED AND FIFTY FIVE THOUSAND DOLLARS
($855,000.00), as full compensation for the taking of Parcel A, including but not limited to claims
for the value of Parcel A and any severance damages for Respondent's remaining property. This
sum excludes statutory interest, attorney's fees, expert fees and all other taxable costs. The full
compensation awarded herein is subject to apportionment.
2. Respondent, K. TUCKER, TRUSTEE, shall have and recover from Petitioner the
sum of TWO HUNDRED TWENTY TWO THOUSAND FIVE HUNDRED DOLLARS
($222,500.00) in attorney's fees pursuant to Fla. Stat. § 73.092(1)for payment to J. WILEY
Exhibit "A"
HICKS, LLC IOTA TRUST ACCOUNT for the benefit of J. Wiley Hicks, LLC, and Robert A.
Schreiber, Esq., LLC. Within 20 days of the date of entry of this Final Judgment, Petitioner is
directed to deliver said attorney's fees to J. WILEY HICKS, LLC IOTA TRUST ACCOUNT, at
5730 SW 74th Street, Suite 400, Miami, FL 33143.
3. Within 20 days of the date of entry of this Final Judgment, Petitioner, the CITY OF
SUNNY ISLES BEACH, having previously deposited the sum of ONE THOUSAND DOLLARS
($1,000.00)pursuant to the Order of Taking previously entered in this case, is hereby ordered and
directed to pay the sum of EIGHT HUNDRED AND FIFTY FOUR THOUSAND DOLLARS
($854,000.00), plus statutory interest from December 17, 2012, to the date a payment, to J.
WILEY HICKS, LLC IOTA TRUST ACCOUNT, at 5730 SW 74th Street, Suite 400, Miami, FL
33143, within twenty(20) days of the entry of this Final Judgment. The amount of statutory
interest owed as of June 15, 2015, is the sum of ONE HUNDRED ONE THOUSAND ONE
HUNDRED THIRTY FIVE DOLLARS AND TWENTY CENTS ($101,135.20). If the payment
is made after June 15, 2015, per diem interest of$111.14 shall be added for each day after June
15, 2015. Said sum shall be deposited by J. Wiley Hicks, LLC, into an interest bearing sub
account of its IOTA Trust Account. These funds shall remain in the interest bearing sub account
until further order of this Court apportioning the proceeds among any Respondents making a claim
pursuant to Florida Law.
4. That title to Parcel A which vested in the Petitioner pursuant to the Order of Taking
of December 12, 2012, and the deposit of money heretofore made on December 17, 2012, is
hereby approved, ratified, and confirmed. Parcel A is described on Exhibit B attached hereto.
5. This Court retains jurisdiction to determine taxable costs and expert fees, as well as
attorneys' fees, if any, due pursuant to Florida Statute §73.092(2), and to enforce the terms of this
final judgment.
DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on 06/12/15.
leffaVJai:ft
O!RALD
BAGLEY
RCUIT COURT JUDGE
FINAL ORDERS AS TO ALL PARTIES
SRS DISPOSITION NUMBER 12
THE COURT DISMISSES THIS CASE AGAINST
ANY PARTY NOT LISTED IN THIS FINAL ORDER
OR PREVIOUS ORDER(S). THIS CASE IS CLOSED
AS TO ALL PARTIES.
Judge's Initials JB
The parties served with this Order are indicated in the accompanying 11th Circuit email
confirmation which includes all emails provided by the submitter. The movant shall
IMMEDIATELY serve a true and correct copy of this Order, by mail, facsimile, email or
hand-delivery, to all parties/counsel of record for whom service is not indicated by the
accompanying 11th Circuit confirmation, and file proof of service with the Clerk of Court.
Signed original order sent electronically to the Clerk of Courts for filing in the Court file.
HONORABLE JERALD BAGLEY
CIRCUIT COURT JUDGE
Copies furnished to all parties
�sotANY ts4F of Isles Beach Cit} Commission
s City Sunny George"Bud"Scholl,Mayor
a� - ' ^ L F 18070 Collins Avenue, Suite 250 Dana Goldman, Vice Mayor
•-'.:'-'476--1.` 3- Isaac Aelion, Commissioner
n Sunny Isles Beach, Florida��160
� '';•.:' `...- .= =' I Jeanette Gatto,Commissioner
* '; (305)947-0606 CityHall Larisa Svechin,Commissioner
.-'s--..,.. .„,..„_.....W*
(305)949-31 13 Fax
y 99, V.-' \oP �, (305)947-2150 Building Department Christopher J.Russo City Manager
F * FLOC 5 305 947-5107 Fax Hans Ottinot,City Attorney
C'rY OF sus Pao (305) Jane A.Hines,i•li\IC,City Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Hans Ottinot, City Attorney0... .t\''er
DATE: April 20, 2017
RE: Resolution Ratifying the Payment of the Final Judgment Payment Related to
Case Nos. 12- 26693 CA 09 and 3D15-1420 Entitled City of Sunny Isles Beach vs.
Calvary Corp. et al.
RECOMMENDATION:
This Resolution is presented for your approval.
REASONS:
The City of Sunny Isles Beach initiated an eminent domain action against an owner of a
submerged land property, which a portion was acquired for construction of the Emergency
Pedestrian Bridge. On June 12, 2015, a Final Judgment was awarded for the property owner. In
accordance with the Final Judgment, the City was required to pay the judgment amount of
approximately $1.2 Million Dollars inclusive of trial attorney's fees and statutory interest. The
Final Judgment was affirmed by the Third District Court of Appeal on January 25, 2017, and on
February 10, 2017, the Court remanded the case to the lower court for determination of appellate
attorney's fees and experts' fees and costs in the case.
By law, the City is required to pay all the property owner appellate attorneys' fees and experts'
fees and costs in an eminent domain proceedings. The property owner has submitted appellate
attorneys' fees for three separate law firms in the amount of Six Hundred Fourteen Thousand
Five Hundred Sixty Five Dollars ($614,565). The appellate fees are three times the amount paid
by the City for its appellate counsel. The experts' fees and costs also are approximately Two
Hundred Seventy Two Thousand Four Hundred Eight Five Dollars Thirty Five Cents
($272,485.35). The fees and costs requested by the property owners are extremely high and are
not reasonable based on market rates. As such, the trial court will have to determine the
reasonableness of the fees if the parties are not able to resolve the matters.