Loading...
2001-016 RESOLUTION NO. 2001-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING SETTLEMENT OF THAT CERTAIN LAWSUIT ENTITLED RUTH PRESENT, TRUSTEE AND MARION MUTCHNIK V. SNYDER AND CITY OF AVENTURA, ET AL. CASE NO. 99-3084-CIV-SEITZ AND RELATED CLAIMS UNDER SECTION 70.001, FLORIDA STATUTES; REPLACING AND REPEALING RESOLUTION NO. 2000-73, AUTHORIZING THE ACCEPTANCE OF CERTAIN REAL PROPERTY AS PART OF THE SETTLEMENT; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE ALL DOCUMENTS AND TAKE ALL ACTION NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SETTLEMENT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Ruth Present, Trustee and Marion Mutchnik ("Plaintiffs") filed that certain lawsuit against the City of Aventura ("City"), and the Mayor and City Commissioners and others known as Ruth Present, Trustee and Marion Mutchnik v. Arthur I. Snyder, et al. with respect to certain real property as more particularly described in Exhibit "A" attached hereto (the "Property"); and WHEREAS, the Plaintiffs have also asserted certain claims against the City with respect to the Property under the Bert J. Harris Private Property Rights Act, § 70.001 et seq. Florida Statutes, (which lawsuit and claims are hereinafter collectively referred to as the "Lawsuit"); and WHEREAS, the City Commission finds that it is appropriate and in the best interest of the City to settle the Lawsuit on the terms and conditions set forth below. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the City Manager is authorized to expend up to $650,000 to settle the Lawsuit in accordance with the following terms and conditions: A. The City will purchase the Property for a purchase price of $615,000. Resolution No. 2001-16 Page 2 B. The City will pay the Plaintiff's actual, documented third party expenses incurred in connection with the Lawsuit including the conveyance of the Property to the City not to exceed $35,000 in the aggregate. C. The closing of the sale of the Property will occur following the fulfillment of the following conditions precedent, all in form and substance satisfactory to the City Manager and City Attorney: (i) issuance of a title commitment or a satisfactory update of a previously issued title commitment, to insure the Property in the amount of the Purchase Price and fulfillment by the Plaintiff of all closing requirements therein, (ii) obtaining a survey or a satisfactory re-certification of an existing survey of the Property, (iii) obtaining a Phase I Environmental Site Assessment of the Property or re- certification to the City of a recent Phase I Environmental Site Assessment. The City has received the title commitment, the survey and an Environmental Site Assessment. The closing shall take place March 5, 2001. The cost of items (i), (ii), and (iii) as well as documentary stamp taxes and surcharges will be paid by the City and the City Manager is authorized to pay such amounts to the appropriate parties. D. Upon the closing of the Property, the purchase price and Plaintiffs' expenses, the total not to exceed $650,0000.00, will be disbursed to the Plaintiffs, and Plaintiff will deliver all documents required by the City Manager and City Attorney in connection with the conveyance of the 2 Resolution No. 2001-16 Page 3 Property and Trustee's Deed from seller, No-Lien, General Releases in favor of the City, settlement of the Lawsuit including, but not limited to, Possession and Gap Affidavit, its current and former elected officials, employees, agents and assigns as to all claims excepting only Plaintiffs' claim relating to their other property located at Northeast 28th Avenue and Northeast 213th Street in the City for which they previously provided notice to the City. The Plaintiffs shall dismiss the Lawsuit with prejudice and each party shall bear its own costs and fees with respect to the Lawsuit. The Settlement and purchase of the property is expressly conditioned upon receipt by the City of a lease executed by National Advertising for the sign that is presently on the property on the terms stated in Section E below. The City Manager is hereby authorized to enter into a sign lease agreement with National Advertising Company for the sign which is currently on the property at the time of the closing. Said lease shall provide as follows: 1. That the tenant will pay rent to the City at the rate of $2000.00 per month and shall be permitted to remain on the property until July 31, 2002. 2. That National Advertising Company will, at its sole expense, permanently remove the sign from the property on or before July 31, Resolution No. 2001-16 Page 4 2002, and shall post a performance bond in the amount of $20,000.00 to guarantee such removal. 3. That in the event the City sells the property, National Advertising Company shall have no right to extend or continue the sign lease beyond July 31,2002. 4. That in consideration of the lease from the City, National Advertising Company shall release the City from any and all claims it has or may have against the City with respect to the sign that is the subject of the lease, including but not limited to any claim under Fla. Stat. § 479.15. Section 2. That the City Commission hereby authorizes the City Manager to accept the conveyance from the Plaintiff of the Property pursuant to a Trustee's Deed. Section 3. That the City Manager is authorized to execute all documents and take all action necessary to implement the purposes of this Resolution including, but not limited to entering into a Settlement Agreement incorporating the terms and conditions set forth above and including such other terms as acceptable to the City Attorney. Section 4. That this Resolution shall be effective immediately upon adoption hereof. This Resolution replaces and repeals Resolution No. 2000-73, adopted on November 8, 2000. The foregoing Resolution was offered by Commissioner Perlow, who moved its adoption. The motion was seconded by Commissioner Rogers-Libert, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Jay R. Beskin Mayor Arthur I. Snyder yes yes yes yes yes yes yes 4 Resolution No. 2001-16 Page 5 PASSED AND ADOPTED this 27th d,~/F~b.,~ 20,~1. ARTHUR I. ~NYDER, MAYOR ~EcSA M. ~RO~,--~M' -- LER~ Y I APPROVED A'8~T,O ~L~GAL SUFFICIENCY CIT~ ATFORNEY £XH~BIT PAGE ~3 ~ERE~ ~ ~r PPP ~ ~o ~e NOR~ 500 ~. ~NEO~ ~to ~Cr OF ~ND t~ $~ ~ ~ m ~ ~~ ~C_O~AO~ ~/4} Om SECDON 34. ~lP St $OU~ ~ 42 ~ ~0~ ~UN~ ~~0 REING NORE OOo~ ~.~ ~XffR~.~~ sou~. ~f 42 ~$K ~ oou~ ~2.~'? ~/4) or ~o Ar MGHr ~ :u ~u ~ ~ PO t Of ~ ~ ~r ~ ~. ~NC~ ~u~ ~ ~O LOt t. ~R~ Ar ~ U~ , ~ RUN ~R~ 0I" * * ~ ~" ~ ~