01-17-2002
A '!he City of
.nventura
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City CommiJilRion
Jeffrey M. Perlow, Mayor
City MansF
Eric M. Soroka
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Ho1zberg
Manny Grossman
Patricia Rogers-Libert
City Clerk
Teresa M. Soroka, CMC
City Attomq
Weiss Serota Helfman
Pastoriza & Guedes
COMMISSION MEETING
January 17, 2002 9 AM
A ventura Government Center
19200 West Country Club Drive
Aventura. Florida 33180
1. CALL TO ORDER\ROLL CALL
2. RESOLUTIONS:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA FLORIDA, AUTHORIZING THE
SETTLEMENT OF EMINENT DOMAIN PROCEEDINGS
CONCERNING THE ACQUISITION OF PROPERTY FOR
THE CITY OF AVENTURA ELEMENTARY CHARTER
SCHOOL; AUTHORIZING ACQUISITION OF THE
PROPERTY; AUTHORIZING CITY MANAGER TO TAKE
ALL NECESSARY ACTION TO IMPLEMENT THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO MAKE APPLICATION FOR A FLORIDA
HIGHWAY BEAUTIFICATION COUNCIL GRANT AND TO
ENTER INTO A HIGHWAY BEAUTIFICATION GRANT
AGREEMENT AND LANDSCAPE CONSTRUCTION AND
MAINTENANCE MEMORANDUM OF AGREEMENT WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION;
AND PROVIDING AN EFFECTIVE DATE.
3. ADJOURNMENT.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special acconunodations to participate in this meeting
beeause of that disability should contact the Office of the City Clerk, 305-466-8901, nollater than two days prior to such proceeding. One or more members of the City's advisory boards may be in
attendance. Anyone wishing to appeal any decision made by the City of A ventura City Cornrrrission with respect to any matter considered at such meeting or hearing will need a record of the
proceedings and. for such purpose, may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based
Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of
any agenda item should contact the City Clerk at 305-466-8901
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM:
DATE: January 15, 200
SUBJECT: Settlement of Eminent Domain Proceedings for the Acquisition of
3333 N.E. 188th Street
January 17, 2002 City Commission Meeting Agenda Item 2. r\
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution, which
settles Case No. 01-21867, City of Aventura vs. 3333 Aventura Realty Corp., et al. in
the eminent domain proceedings to acquire 3333 N.E. 188th Street for the Charter
Elementary School site,
EMS/aca
Attachment
CC01034-02
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA FLORIDA, AUTHORIZING THE
SETTLEMENT OF EMINENT DOMAIN PROCEEDINGS
CONCERNING THE ACQUISITION OF PROPERTY FOR
THE CITY OF AVENTURA ELEMENTARY CHARTER
SCHOOL; AUTHORIZING ACQUISITION OF THE
PROPERTY; AUTHORIZING CITY MANAGER TO TAKE
ALL NECESSARY ACTION TO IMPLEMENT THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 2001-39, the City Commission
authorized the acquisition of the fee simple title to the property described therein (the
"Property") for the purpose of establishing a City of Aventura Elementary Charter
School; and
WHEREAS, pursuant to Resolution No. 2001-39, the City instituted eminent
domain proceedings (the "Litigation") in the Circuit Court for the Eleventh Judicial
Circuit, Case No. 01-21867, City of Aventura vs. 3333 Aventura Realty Corp., et al; and
WHEREAS, the City Manager and City Attorney have recommended that the
Litigation be settled and that the acquisition of the Property by the City be favorably and
successfully completed on the City's behalf; and
WHEREAS, settlement of the Litigation includes acquisition of the Property at a
price of Four Million Four Hundred Thousand Dollars ($4,400,000.00) and payment of
costs and fees as approved by the City Manager; and
WHEREAS, the City Commission finds that approval of the settlement of the
Litigation and completion of the acquisition of the Property is in the best interest of the
City.
Resolution No. 2002-
Page 2
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the above stated recitals are hereby
adopted and confirmed.
Section 2. Settlement Approved. That settlement of the Litigation is hereby
approved and the City Manager and City Attorney are authorized to execute and accept
any necessary stipulations, orders or consents related to the settlement of the Litigation
and the securing of a Final Judgment in the City's favor accomplishing the acquisition of
the Property.
Section 3. Acceptance of Property Authorized. That the City Manager and
City Attorney are hereby authorized to execute and/or accept any contract, deeds or
other instruments of conveyance, and any closing papers, which may be necessary to
complete the acquisition of the Property for the City.
Section 4. Implementation. That the City Manager is hereby authorized to take
any and all action necessary for the implementation of the purposes of this Resolution.
Section 5. Effective Date. This Resolution shall be effective immediately upon
adoption.
The foregoing Resolution was offered by Commissioner .
who moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
2
Resolution No. 2002-_
Page 3
PASSED AND ADOPTED this 17th day of January,2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
3
IN THE CIRCUIT COURT OF THE 11 TH
JUDICIAL CIRCUIT IN MIAMI-DADE
COUNTY, FLORIDA
CITY OF AVENTURA, a Florida
Municipal corporation,
CASE NO.: 01-21867 CA 13
Petitioner,
vs.
3333 AVENTURA REALTY CORP.,
a Florida corporation, et aI,
Defendants.
I
STIPULATED FINAL JUDGMENT
THIS MATTER came before the Court on the joint motion of the Petitioner, CITY
OF AVENTURA, and the Defendant, 3333 AVENTURA REALTY CORP., set forth
herein-below, and the Court being otherwise advised, it is
ORDERED AND ADJUDGED that:
1. The Court has jurisdiction of the subject matter of and the parties to this
proceeding including all persons and entities claiming any equity, lien, title or other
interest in or to Parcel 1, as described herein-below, the Court specifically finding that
Petitioner, CITY OF AVENTURA, has complied with ~~ 73.031 and 74.041, Fla.Stat.
(2001 );
2.
The Court finds that the pleadings in this cause are sufficient, that the
Petitioner, CITY OF AVENTURA, is properly exercising its delegated authority, and that
the Declaration of Taking filed in this cause by the Petitioner was made in good faith,
based upon a valid appraisal;
3. The Court further finds that it is necessary for Petitioner to acquire fee
simple absolute ownership of Parcel 1, a parcel of land situate and being in the City of
1
Aventura, Miami-Dade County, Florida, legally described in the attached "Schedule 8",
which is incorporated by this reference, in order to accomplish a public and municipal
purpose, the same being a public charter elementary school;
4. The Defendant, 3333 AVENTURA REALTY CORP., shall have and
recover of and from the Petitioner, CITY OF AVENTURA, the sum of FOUR MILLION
FOUR HUNDRED THOUSAND and NO/100 DOLLARS ($4,400,000.00), in full payment
for the taking of Parcel 1, inclusive of al\ damages and moving costs, but exclusive of
attorneys' fees and costs;
5. Within thirty (30) days of entry of this Stipulated Final Judgment, the
Petitioner, CITY OF AVE NTU RA, shall pay into the Court Registry the sum of FOUR
MILLION FOUR HUNDRED THOUSAND and NO/100 DOLLARS ($4,400,000.00), and
upon making such deposit, fee simple absolute title in and to Parcel 1, as legally
described in the attached "Schedule 8", shall vest in the Petitioner, CITY OF
AVENTURA;
6. The Defendant, 3333 AVENTURA REALTY CORP., shall be entitled to
retain and remove, prior to transfer of possession as set forth in the next paragraph the
boat molds, travel hoist, overhead cranes, equipment, furniture and items of personal
property located upon Parcel 1;
7. The Defendant, 3333 AVENTURA REALTY CORP., shall be entitled to
remain in possession of Parcel 1 through close of business on April 1, 2002, rent-free;
thereafter, Petitioner, CITY OF AVENTURA, shall be entitled to exclusive possession of
Parcel 1 and any items remaining on Parcel 1 thereafter shall be deemed to have been
abandoned by the Defendant, 3333 AVENTURA REALTY CORP.; and,
8. The court retains jurisdiction of this case and of the parties to this action in
order to: a) apportion this Stipulated Final Judgment; b) tax Defendant's attorneys' fees
and costs pursuant to ~ 73.091 and ~ 73.092, Fla.Stat. (2001); and, c) enforce the terms
of this Stipulated Final Judgment with regard to possession.
2
DONE and ORDERED in Miami, Miami-Dade County, Florida, on this day
of January, 2002.
CIRCUIT COURT JUDGE
Conformed copies to all Counsel of Record
JOINT MOTION FOR ENTRY OF
STIPULATED FINAL JUDGMENT
Petitioner, CITY OF AVENTURA and Defendant, 3333 AVENTURA REALTY
CORP., stipulate and agree as follows:
A. Subject to approval of the City Commission of the CITY OF AVENTURA,
the Petitioner and the Defendant jointly move the Court for entry of the above Stipulated
Final Judgment in settlement of this litigation.
B. The City Attorney and the City Manager shall take all steps necessary to
have this settlement proposal placed upon the City Commission meeting agenda
presently scheduled for January 17, 2002, for hearing and action.
C. The terms set forth herein-above are pursuant to settlement negotiations
and shall not be submitted to the Court unless City Commission approval is obtained
and then, only for entry of the above Stipulated .Final Judgment; furthermore, in the
absence of City Commission approval, nothing set forth herein constitutes any
stipulation, agreement or waiver of Defendant's defenses to the taking of Parcel 1
through eminent domain.
3
FAX NO 954 764 7770
JAN-t4-2002 MeN 02:53 PMWE..!.S~lE~~..r~.~~L~ UUlUISQ' __...
P. 05
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AGREED to thla 8ft day Of J8nU8ty, 2002. by:
~_.
Mark 8. Ufriiii, Eeq.
Fla Bar No. 37380
~ for 3333 Avllntura Reatty COlp..
Ulmerl HIcke & 8chr8iber, P.A. .
190 8OWU1 Dbcfe HIQtawly .
COIII/ GebIea. Florida 33146
Phone: (305) .1-1888
. - -62
. .' ,e...
Re. s. No. 813249
~ tor City of Avfmture
Wefae,"'" Helfman. .,.,
3107 Stbq ~ Stat 300
Ft. Lauden:lale, FlorkIaI 83312
Phone: (854) 7G.4242
cnvOFA~
By: C .
Etic M. Sorokll,' Cfty
By.
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IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT, IN
AND FOR MIAMI-DADE COUNTY,
FLORIDA
CASE NO.: 01-21867 CA 13
CITY OF A VENTURA, a Florida
municipal corporation,
Petitioner,
v.
3333 AVENTURA REALTY CORP., a
Florida corporation, MIAMI-DADE
COUNTY, a subdivision of the State of
Florida, and CITY OF NORTH MIAMI
BEACH, a municipal corporation,
Defendants.
/
FINAL ORDER
AWARDING ATTORNEYS' FEES, EXPERTS' FEES,
AND LITIGATION COSTS TO 3333 A VENTURA REALTY CORP.
This matter came before the Court upon the joint motion of Petitioner, CITY OF
A VENTURA ("City"), and Defendant, 3333 A VENTURA REALTY CORP. ("landowner"), for
entry of a final order awarding attorneys' fees, experts' fees, and litigation costs to landowner.
The Court being fully advised in the premises, it is
ORDERED and ADJUDGED that:
1. The Court has jurisdiction over the subject matter and the parties to this cause.
2. The following amount is taxed against the City as reasonable attorneys' fees,
reasonable experts' fees, and reasonable litigation costs incurred and expended in defense of the
landowner:
$100,000.00
3. The above amount is subject to apportionment among all counsel retained by the
landowner in recognition of the following charging liens filed in this matter: Amended Motion
to Determine Charging Lien filed by Ruden, McClosky, Smith, Schuster & Russell, P.A., bearing
certificate of service dated November 28, 2001, and Notice and Claim of Attorney's Charging
Lien filed by Michael 1. Snyder, P.A., bearing certificate of service dated December 6, 200l.
4, The above amount is further subject to apportionment among all experts hired or
engaged by landowner to provide services on its behalf, as well as apportionment for any other
fees and costs of any nature whatsoever incurred in defense of the landowner.
5. The City is directed to deposit the amount stated above into the Registry of this
Court within thirty days from the date that this Order is entered.
6. Deposit of the amount described herein represents complete and final taxation of
any and all attorneys' fees, experts' fees, litigation costs, and any other fees or costs of any
nature whatsoever incurred or expended in defense of the landowner in this matter.
DONE AND ORDERED this
County, Florida.
day of January, 2002 at Miami, Miami-Dade
Circuit Judge
Copies to all counsel of record
2
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
FROM:
BY: cts Manager a.....-Pj
TO:
DATE: January 14, 2002
SUBJECT: FOOT Grant Application - Lehman Causeway Beautification
Improvements
January 17, 2002 City Commission Meeting Agenda Item ).. ,13
Recommendation
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to apply for a Florida Highway Beautification Council Grant and to
enter into a Highway Beautification Grant Agreement and Landscape Construction and
Maintenance Memorandum of Agreement with the Florida Department of
Transportation. The grant would expedite landscape improvements to needed area on
an expedited basis.
Backaround
The City has an opportunity to obtain funding from FOOT to expedite landscape
improvements on the Lehman Causeway from West Country Club Drive to the
Intercostal bridge. The total estimated cost of the project is $252,733. The grant
amount would be $120,816. The City's matching share would be $131,917. The City
would be responsible for the ongoing maintenance of the area. We currently maintain
the landscaping on the Causeway.
If you have any questions or need any additional information, please feel free to
contact me.
Attachments
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO MAKE APPLICATION FOR A FLORIDA
HIGHWAY BEAUTIFICATION COUNCIL GRANT AND TO
ENTER INTO A HIGHWAY BEAUTIFICATION GRANT
AGREEMENT AND LANDSCAPE CONSTRUCTION AND
MAINTENANCE MEMORANDUM OF AGREEMENT WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, many roadside areas and median strips abutting Florida Department
of Transportation right-of-way areas must be maintained and attractively landscaped;
and
WHEREAS, the City Commission desire that the City of Aventura beautify and
improve various right-of-way areas within the City of Aventura by Landscaping; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, wishes to authorize the City Manager to apply for a Florida Highway
Beautification Grant from the Florida Department of Transportation and if successful
enter into a Highway Beautification Grant and Landscape Construction and
Maintenance Memorandum of Agreement between the City of Aventura and the Florida
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to make formal application,
based on the landscape architectural design plans of O'Leary Design Associates, P.A.
and take whatever action is necessary on behalf of the City of Aventura, Florida, with
the Florida Department of Transportation to secure a Florida Highway Beautification
Resolution No. 2002-
Page 2
Council Grant, with the City to supply matching funds and to enter into a Highway
Beautification Grant Agreement and Landscape Construction and Maintenance
Memorandum of Agreement with the Florida Department of Transportation.
Section 2. The City Commission approves the conceptual plans prepared by
O'Leary Design Associates, P.A. and authorizes the City Manager to exercise his
judgment in approving modifications to the plans as may be necessary to assist the City
in securing the highway beautification grant from the Florida Department of
Transportation for the City of Aventura.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Resolution No. 2002-
Page 3
PASSED AND ADOPTED this 1 ih day of January, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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WILLIAM LEHMAN CAUSEWAY
HIGHWAY BEAUTIFICATION GRANT APPLICATION
CITY OF AVENTURA FLORIDA
O'LEARY DESIGN ASSOCIATES P.A.
LANDSCAPE' ARCHITECTURE LAND PLANNING
URBAN DESIGN GRAPHIC DESIGN
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WILLIAM LEHMAN CAUSEWAY
HIGHWAY BEAUTIFICATION GRANT APPLICATION
CITY OF AVENTURA FLORIDA
O'LEARY DESIGN ASSOCIATES P.A.
LANDSCAPE: ARCHITECTURE LAND PLANNJNG
URBAN DESIGN GRAPHIC DESIGN
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WILLIAM LEHMAN CAUSEWAY
HIGHWAY BEAUTIFICATION GRANT APPLICATION
CITY OF AVENTURA FLORIDA
, 9/18/01
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LETTERS OF SUPPORT
. ':c-'~:7:;'~I~_,...,,~
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:7Je filM crfoa/tC11 0/ J?t,Mla'~ k.
August 22, 2001
Mr. Craig James
District Landscape Architect
Florida Department of Transportation
1000 N.W. lllth Avenue
Miami, FL 33172
Re: City of Aventura - Highway Beautification
Project
Dear Mr. James.:
I wish to express my support for your efforts to obtain a
Florida Department of Transportation highway beautification
grant for the William Lehman Causeway in the City of
Aventura. Landscaping improvements along this major cause-
way will help enhance the city's aesthetic value for it's
residents and tourists.
The award of this highway beautification grant will provide
an excellent opportunity for the City of Aventura and the
State of Florida to enter into a partnership to maintain
and expand the beauty of our area.
If I can be of further assistance, please' don't hesitate
to contact me.
Sincerely,
iL~.~
Leonard Brenner, President
LB:er
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