2002-004 RESOLUTION NO. 2002-04
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.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Resolution No. 2002-04
Page 2
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 $. Effective Date. This Resolution shall be effective immediately upon
adoption, subject to written certification by the City Attorney that all cost and fee issues
affecting the City have been resolved.
The foregoing Resolution was offered by Vice Mayor Rogers-Libert, who moved its
adoption. The motion was seconded by Commissioner Holzberg, 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. Pedow
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2002.0__4
Page 3
PASSED AND ADOPTED this 17th day of January, 2002.
~AY~'R
ATTEST:
T~'I~I~SA M. S.,OR'~KA,
CLTY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY A'I-I'ORNEY
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