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Resolution 73-14112 RESOLUTION NO. 73-14112 WHEREAS, City Council of the City of Miami Beach heretofore duly entered into a contract for the purchase of the following described property, to wit : PARCEL NO. 1 Lot 1, Block 6, 41st STREET BUSINESS SUBDIVISION, according to the Plat thereof recorded in Plat Book 34 at page 92 of the Public Records of Dade County, Florida and PARCEL NO. 2 Lot 2, Block 6, 41st STREET BUSINESS SUBDIVISION, according to the Plat thereof recorded in Plat Book 34 at page 92 of the Public Records of Dade County, Florida for use for off-street parking of automobiles ; and WHEREAS , title was conveyed to the City of Miami Beach on June 27, 1973, pursuant to Final Judg- ment dated June 27, 1973 (copy attached) , in the matter of City of Miami Beach v. Hendel, et al. , Circuit Court Case No. 72-20948; and WHEREAS, said real estate is, under applicable law, exempt from further taxation as of the date of acquisition of title by the City of Miami Beach, to wit : June 27, 1973; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the Metropolitan Dade County Commission, its County Manager, its Tax Assessor, and its Tax Collector be and they are hereby respectfully requested to cancel the balance of the taxes due for 1973 as of June 27, 1973; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that a certified copy of this resolution be transmitted to the Metropolitan Dade County Commission, its County Manager, its Tax Assessor, and its Tax Collector. PASSED and ADOPTED this l 2th day of September, 1973. Mayor Attest : --1(;)" /Li 57/ 4,4(1 Acting City Clerk OFFICE OF CITY ATTORNEY-11 30 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY GENERAL JURISDICTION DIVISION No. 72-20948 (Nathan) CITY OF MIAMI BEACH, a Florida municipal corporation, Petitioner, vs . GWENDOLYN HENDEL; LEON M. ZILBERBERG and ESTHER H. ZILBERBERG, et al. , Defendants. FINAL JUDGMENT AS TO PARCELS 1 and 2 This cause having duly and regularly come on for jury trial and the parties having selected the jury panel which was sworn in; and the parties having then reached a settlement as to Parcels 1 and 2, respectively, in the above-styled cause, and having announced their waiver of jury trial and settlement in open Court; and counsel of record for the parties having jointly moved for entry of this final judgment in accordance with settlement hereto- fore made in open Court; and the Court being otherwise fully advised in the premises , it is hereby CONSIDERED, ORDERED and ADJUDGED that: 1. GWENDOLYN HENDEL, as and for full compensation, not including costs or attorney' s fees , for the taking of Parcel No. 1 in the above-styled cause , do have and recover of and from the Petitioner the sum of One Hundred Twenty- Five Thousand Dollars ($125,000 .00) subject to the claims against said award of DADE FEDERAL SAVINGS AND LOAN ASSO- CIATION, as mortgagee; RAY H. LONDON , as mortgagee; JEF- FERSON NATIONAL BANK OF MIANI BEACH, as mortgagee ; and DADE HOME SERVICES, INC. , as lienor. .4 2. In addition to said sum and as further part of full compensation for the taking of Parcel 1, the defen- dant, GWENDOLYN HENDEL, shall receive the following: (a) Such air conditioners , stoves , refrigerators , light fixtures, furnishings and carpet as are presently own- ed by said defendant may be kept by said defendant provided however, that upon their removal, the premises shall not be left in an unreasonable condition and further providing that such items as are located in existing tenants ' apart- ments will not be removed until those tenants vacate on or before September 30, 1973 ; and (b) The defendant, GWENDOLYN HENDEL, and her children may occupy their existing apartment to and includ- ing September 30 , 1973; and (c) Rents, taxes and other revenues or charges will be prorated as of the date that the money is paid to the defendant through her counsel, as provided herein, 4 except that certified liens or other mortgage encumbrances will be satisfied from the proceeds of the awagd; and (d) Actual moving expenses charged by a reput- able local mover for a local move shall be reimbursed to the defendant, or at the option of said defendant the lump sum of Three Hundred and No/100 Dollars ($300 .00) ; and (e) All costs of the proceedings , pursuant to law, including a reasonable attorney' s fee as determined by the Court or as otherwise agreed to between the parties, shall be reimbursed to the said defendant; and (f) Such of the landscaping as belongs to .a tenant, Mrs . Jacobs , as she may wish to remove, provided the ground is restored to level condition. -2- • . 3. The defendants, LEON M. ZILBERBERG and ESTHEP.. H. ZILBERBERG, his wife, as owners of the fee simple title of Parcel No. 2 in the above-styled cause , do have and recover from the Petitioner the sum of Eighty-Eight Thousand Five Hundred Dollars $88, 500 .00) as and for full compensation for the taking of said parcel-, not including, attorney's fees and costs. 4. In addition to said sum and as further part of full compensation for the taking of Parcel No. 2, the defendants , LEON M. ZILBERBERG and ESTHER H. ZILBERBERG, his wife, shall receive the following. (a) Such air conditioners , stoves, refrigerators , light fixtures, furnishings and carpet as are presently own- ed by said defendants may be kept by said defendants provided, however, that upon their removal, the premises shall not be left in an unreasonable condition and further providing that such items as are located in existing tenants ' apartments will not be removed until those tenants vacate on or before September 30 , 1973 ; and (b) The defendants may occupy their existing apartment to and including September 30 , 1973 ; and (c) Rents, taxes and other revenues or charges will be prorated as of the date that the money is paid to the defendants through their counsel , as provided herein; and (d) Actual moving expenses charged by a reput- able local mover for a local move shall be reimbursed to the defendants, or at the option of said defendants the lump sum of Two Hundred Fifty Dollars ($250 . 00) ; and . (e) All costs of the proceedings , pursuant to law, including a reasonable attorney' s fee as determined by the Court or otherwise agreed to between the parties , shall be reimbursed to the said defendants ; and (f) Such of the landscaping (a mango tree) as belongs to the sister of the defendant, ESTHER H . ZILBER- BERG, may be removed from the premises provided the ground is restored to level condition. -3- c • ( „ 5. It is further provided that all existing leases at the time of the payment of said award herein shall be honored and no tenant shall be evicted prior to September 30 , 1973 . 6. The sum specified in paragraph 1 in the amount of $125, 000.00 shall be paid to TOBY PRINCE BRIGHAM, ESQ. , as attorney for GWENDOLYN HENDEL, as to Parcel No. 1 , and he is hereby directed to disburse from that sum the necessary money to pay off any and all existing liens and encumbrances of the firms or persons stated herein before any monies are distributed to the defendant; and counsel for the defendant is to furnish satisfactions of said liens and/or encumbrances to the attorney for the Petitioner. 7. The sum specified in paragraph 3, in the amount of $88,500. 00 , shall be paid to TOBY PRINCE BRIGHAM, ESQ. , as attorney for LEON M. ZILBERBERG and ESTHER H. ZILBERBERG, his wife, as to Parcel No. 2:. • 8. Any additional sums required by this judgment to be paid to the defendants shall be accomplished by pay- ment to their attorney, TOBY PRINCE BRIGHAM, ESO . 9 . Upon payment as specified in paragraphs 7 and 8 of the sums specified in paragraphs 1 and 3 to TOBY- PRINCE BRIGHAM, ESQ. , as attorney for said defendants as to said parcels , respectively, and the filing of a certi- ficate of such payment in the Registry of the Court, all rights , title and interest in and to the following des- cribed property shall be vested in the Petitioner: Lot 1, Block 6 , 41st STREET BUSINESS SUBDIVISION, according to the Plat thereof recorded in Plat Book 34 at page 92 of the Public Records of Dade County, Florida and Lot 2 , Block 6 , 41st STREET BUSIiESS SUBDIVISION, according to the Plat -4- thereof recorded in Plat Book 34 at Page 92 of the Public Records of Dade County, Florida. 10. The Petitioner shall have to and including twenty (20) days after the rendition of this judgment within which to make the payments herein provided, which must be made prior to the vesting of title to the property as set forth in paragraph 9 ; and should the Petitioner not do so then this judgment is rendered null and void and the cause be and the same is hereby dismissed with prejudice against the Petitioner, jurisdiction being reserved to fix the amount of attorney' s fees and costs which in that event should be paid to the defendants. DONE and ORDERED in Chambers , at Miami, Dade County, Florida, this day of June 1973 . H•..ir E: a r-:‘!--11 CIRCUIT JUDGE MOTION 's COME NOW counsel for the parties and jointly move the Honorable Court for entry of the above and fore- going order. DATED: June 6 , 1973. ,.--. _2-4 (._ -Qe."/,,e.,„.1 ''';-;,A--`,`---e-A--4-1.,-^‘,_ la ) e.atelki n To 1 INCE BRIGAM, A.ESQ. JOSEP WA ICI:, City Attorn y Atrrornty for Defendants Attorney for Petitioner Suite,11008 , Ains1QB'ldg. 1130 Washington Avenue Miami, Florida 33132 Miami Beach, Florida 33139 , Y STATE OF FLORIDA) COUNTY OF ADE ,) • This Copy is a true Cc y,bf the Original on fill In this O+fice,t\1111niy hand and Official Seal Do< d y In'` =- ` '.....A.D., 19'x, • ICHARD F'HR;NE(ER ' 4 �. .; °"' Clea, Circuit Court . : 1,%_,"1,_ I: '.40#11,am'2 4t, j O 4-1 S.- 0 O +� L 4- I)) O T— N to N 'D '6 • v) N'O In (1) L I Q X •— M — 1- X (0 IT CO • J • I— C0 • < O 4- N N Z Z 0 0 N N L V) — O N U (1) — I) — C Q C O I— (0 O v) ._ p')— L +J to J C N d O 7 O — J m N 4-) w b3 — 0 I +-, Q) N N U M >- N ITC N