Resolution 81-16731 RESOLUTION NO. 81-16731
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH APPROPRIATING BOND FUNDS FOR PAY-
MENT OF JURY VERDICT IN CITY LAND ACQUISITION
CASE OF CITY OF MIAMI BEACH VS. BROIDA ET AL. ,
CIRCUIT COURT CASE NO. 74-6260 (13) , FOR COMPLE-
TION OF CONVENTION CENTER AND FOR CITY' S COSTS
THEREIN.
WHEREAS, the City Commission in 1973 authorized the taking
of property at 1931 Meridian Avenue for completion of the Convention
Center District, said property more particularly described in the
attached and incorporated Final Judgment, and
WHEREAS, the City filed suit to take said property in 1974
in the case of City of Miami Beach v. Broida et al. , Circuit Court
Case No. 74-6260 (13) , and
WHEREAS, trial in said suit was not completed and Final
Judgment entered until August 7 , 1981, and
WHEREAS , the jury rendered a verdict therein for Three
Hundred Thousand Dollars and no cents ($300 ,000 . 00) , and
WHEREAS, Florida Statutes require the City to pay the
money into court within twenty (20) days of the verdict or the pro-
ceeding will be deemed abandoned, and
WHEREAS, the City has incurred appraisal , court reporter
and consulting costs in conducting this litigation,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the City does hereby
appropriate from the 1973 One Million Two Hundred Fifty Thousand
Dollar ($1,250 ,000 . 00) Convention Center Bond, Series 3 Bond Funds ,
the sums of Three Hundred Thousand Dollars and no cents
($300 ,000. 00) for payment to the Court on the jury verdict and
Thirty-Five Thousand Dollars and no cents ($35 , 000. 00) for the
City' s costs in the litigation.
PASSED and ADOPTED this 21st day of August , 1981.
4ayo
ATTEST:
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City Clerk
APPROVED
JAR:j j LECAL DEPARTMENT:
14-1 ) 1 Ica t
Date
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
1 (
71 ,-------- IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
a CITY OF MIAMI BEACH, a
•
Florida Municipal Corp-
oration, HONORABLE DICK C.P. LANTZ
•
Petitioner, CASE NO. 74-6260 (13)
vs .
VERDICT
EDITH BROIDA and ALVIN E . :
HOROWITZ as Personal Rep-
t resentative of the Estates:
of ANNE HOROWITZ and MOE
HOROWITZ, deceased,
Res.ondents . .
WE, THE JURY, find as follows :
FIRST: That an Accurate description of the property
taken herein is the following:
The North 50 feet of Lot 1 and portion of
the bridle path east of same, less the west
3 feet to the City of Miami Beach, Block 7-A,
GOLF COURSE SUBDIVISION AMENDED PLAT, accord-
- ing to the plat thereof, as recorded in Plat
Book 6, Page 26 , of the Public Records of
Dade County, Florida.
FOR the Parcel as described above, as and for the
damages to be awarded as full compensation to EDITH BeIDA
and ALVIN E. HOROWITZ as Personal Representative of the
Estates of ANNE HOROWITZ and MOE HOROWITZ ,
following sum: deceased , the
•
$ U () C�0 .),
So sav we all this
�' at Miami, Dade County, Floridaa. of August, 1981, A.D. ,
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-
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR DADE COUNTY , FLORIDA
GENERAL JURISDICTION DIVISION
CITY OF MIAMI BEACH , a Florida •
Municipal Corporation , HONORABLE DICK C . P . LANTZ
•
Petitioner , — CASE NO . 74-6260 ( 13 )
•
-vs-
•
EDITH BROIDA and ALVIN E .
HOROWITZ as Personal Repre- FINAL JUDGMENT
sentatives of the Estates of ANNE
HOROWITZ and MOE HOROWITZ ,
deceased .
•
Respondents .
THIS CAUSE came on for trial and the jury , having been empaneled
and sworn to try what compensation shall be made to the Respondents
for the property sought to be appropriated , and having heard the
evidence and charges of the court , and having retired to consider its
verdict , returned the following verdict :
FECEIVE 'rprt,
/gyp V=. .-$
AUG 1 1 1981
CITY Al T U►N///E```Y'v OFFICE
f
74-6260 ( 13)
IT IS THEREUPON CONSIDERED , ORDERED AND ADJUDGED that the
Petitioner shall deposit in the Registry of the Court the sum of
THREE HUNDRED THOUSAND AND NO/ 100 DOLLARS ( $300 ,000 . 00 ) within
twenty ( 20 ) days from the date of this Final Judgment . Immedi -
ately upon the making of said deposit , fee simple title to the
property described as :
The North 50 feet of Lot 1 and portion of
the bridle path east of same , less the west
3 feet to the City of Miami Beach , Block 7-A ,
GOLF COURSE SUBDIVISION AMENDED PLAT , accord-
ing to the plat thereof , as recorded in Plat
Book 6 , Page 26 , of the Public Records of
Dade County , Florida .
shall be vested in the Petitioner , and said property shall be
deemed to be condemned and taken for the use of the Petitioner ,
the Petitioner being entitled to immediate possession of said
property .
If the Petitioner shall fail to deposit the aforedescribed sum
within twenty ( 20 ) days from the date of this Final Judgment , this
Final Judgment shall be void and of no further force and effect .
DONE and ORDERED in Chambers , Miami , Dade County , Florida , this
ry77- day of August , 1981 .
CIRCjJIT COURT JUDGE
Copies furnished to :
Edith Broida , Esq .
Stanley Bartel , Esq .
Norman Malinski , Esq .
Steven Ginsburg , Esq .
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