2000-073 RESOLUTION NO. 2000-73
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; 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:
Resolution No. 2000-73
Page 2
A. The City will purchase the Property for a purchase price of $615,000.
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
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 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, (iv) removal of the existing billboard from
the Property or assurances acceptable to the City Manager and City
Attorney that it shall be removed within a reasonable time certain following
the purchase of the property not to exceed seventy-six (76) days following
transfer of title to the City. 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 Plaintiff's
expenses in an amount not to exceed $650,000 will be disbursed to the
Resolution No. 2000-73
Page 3
Plaintiff, and Plaintiff will deliver all documents required by the City
Manager and City Attorney in connection with the conveyance of the
Property and settlement of the Lawsuit including, but not limited to, a
Warranty Deed from Marion Mutchnik and a Trustee's Deed from Ruth
Present, Trustee, Bill of Sale, No-Lien, Possession and Gap Affidavit,
General Releases in favor of the City, Mayor, Commissioners and all other
parties to the lawsuit, as well as a Dismissal of the Lawsuit with Prejudice.
Section 2. That the City Commission hereby authorizes the City Manager to
accept the conveyance from the Plaintiff of the Property pursuant to a Warranty and/or
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.
The foregoing Resolution was offered by Commissioner Rogers-Libert, who moved
its adoption. The motion was seconded by Commissioner Cohen, and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
Resolution No. 2000-23
Page 4
AI~tr-IUR I. SNY[~R,-~AYOR
T~C:SA M. SOI:~, CM6
CI~ CLERK
APPROVED AS TO LEGAL SUFFICIENCY
GITY A~TTORNEY
4
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