RESOLUTION 90-20036 RESOLUTION NO. 90-20036
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA APPROVING AND ACCEPTING
THE SETTLEMENT OFFER IN CITY OF MIAMI BEACH V.
HERRERA, ET AL, CONCERNING PAYMENT OF
$212 , 800 . 00 FOR THE TAKING OF PARCEL NUMBER 5
THEREIN, LEGALLY DESCRIBED AS LOTS 2 AND 3 ,
BLOCK 100, OCEAN BEACH ADDITION NO. 3 , AS
RECORDED IN PLAT BOOK 2 AT PAGE 81 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID
FIGURE REPRESENTING $200, 000. 00 AS PAYMENT IN
FULL FOR SAID PROPERTY 'S VALUE, $11, 000. 00 AS
DEFENDANT'S ATTORNEY' S FEES, AND $1, 800. 00 AS
APPRAISER'S FEES ; AND FURTHER AUTHORIZING THE
FUNDS FOR THIS ACQUISITION TO BE TAKEN FROM THE
SOUTH POINTE ELEMENTARY SCHOOL EXPANSION
PROJECT WORK ORDER 2970.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA THAT:
WHEREAS, on November 3 , 1988 , the City of Miami Beach instituted
an eminent domain action styled City of Miami Beach v. Herrera, et
al , Case No. 88-46741, for the purpose of acquiring 16 parcels of
property in Miami Beach for the South Pointe Elementary School
Expansion Project; and
WHEREAS, on December 28, 1988 , Petitioner City of Miami Beach
deposited the sum of $150, 000. 00 into the Registry of the Court,
representing the Petitioner' s deposit of funds regarding parcel
number 5 pursuant to the Order of Taking; and
WHEREAS, Attorney Warren R. Trazenfeld (Counsel for parcel
number 5 in the subject lawsuit, said parcel being legally
described as Lots 2 and 3 , Block 100, Ocean Beach Addition No. 3 ,
as recorded in Plat Book 2 at Page 81 of the Public Records of Dade
County, Florida) has made an offer to fully settle parcel no. 5
upon receipt of $212 , 800. 00, said figure representing $200, 000. 00
as compensation for the subject parcel ' s property value, $11, 000 . 00
as Defendant ' s attorney' s fees, and $1, 800 . 00 as costs for
appraisal services performed; and
WHEREAS, the City Attorney of the City of Miami Beach has
recommended acceptance of this offer.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, THAT:
1. The City of Miami Beach finds, determines and declares that
those matters set out in the foregoing recitals are true and
correct, and they are hereby incorporated as a portion of this
Resolution; and
2 . The City Attorney' s recommendation concerning acceptance
of the settlement offer from Attorney Warren R. Trazenfeld,
1
concerning parcel number 5 (legally described as Lots 2 and 3 , in
Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2
at Page 81 of the Public Records of Dade County, Florida) in City
of Miami Beach v. Herrera, et al. , is hereby accepted and approved;
and
3 . The City of Miami Beach thus authorizes the appropriation
of $62, 800. 00 as balance due for parcel number 5 in City of Miami
Beach v. Herrera, et al. , said funds representing total remaining
payment for the taking of said property including Defendant' s
attorney' s fees and costs, and further authorizes that the
appropriation of said funds be taken from the South Pointe
Elementary School Expansion Project Work Order 2970.
PASSED and ADOPTED this 11th day of July , 1990.
ATTEST:
CITY CLERK
LF/JKO/ks
FORM APPROVED
LEG1L DEP
By
Date
2
OFFICE OF THE CITY ATTORNEY
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F L O R i D A
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# INCCRP jC ATED, '
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LAURENCE FEINGOLD , P.O. BOX O
CITY ATTORNEY ,,CH16
,•9,��_6 MIAMI BEACH. FLORIDA 33i19-2032
TELEPHONE (305)673-7470
TELECCP" 305;673-7102 •
COMMISSION MEMORANDUM NO. T-V7 :1-()()
DATE: JULY 11, 1990
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Laurence Feingold
City Attorney
SUBJECT: CITY OF MIAMI BEACH V. HERRERA, ET AL. , CIRCUIT COURT
CASE NO. 88-46741, PARCEL NO. 5 - DEFENDANT' S OFFER OF
FULL SETTLEMENT INCLUDING PROPERTY VALUE, ATTORNEY' S FEES
AND COSTS
Attorney Warren R. Trazenfeld, counsel representing the property
owner for parcel no. 5 in the above-styled cause, has made an offer
of settlement pertaining to the subject property in the amount of
$212 , 800. 00, said figure representing $200, 000. 00 as payment in
full for said property' s value, $11, 000. 00 as attorney' s fees, and
$1, 800. 00 as costs for appraisal services performed. In this
regard, attached is correspondence from outsidecounsel John
Lukacs, Esquire (Exhibit "A" hereto) , outlining his reasons for
recommending acceptance of the settlement offer based upon the
City' s $200, 000. 00 updated appraised value of the subject property.
In light of the fact that this settlement would resolve the subject
parcel ' s valuation including fees and costs, and in light of the
fact that the settlement amount is in accordance with the City' s
appraised value, I concur with Attorney Lukacs ' recommendation that
the City accept Defendant ' s offer of settlement.
A proposed Resolution accepting settlement is attached hereto for
your review and consideration. Acceptance of the attached
Resolution will resolve all issues concerning valuations of the
properties contained within the South Pointe Elementary School Site
pro p of certain attorney' s Project, with only the issue fees and costs
to be resolved.
LF/JKO/ks
43
AGENDA
ITEM F _ FT._
DATE -7- 11- q
LITKACS & LUKACS, P.A.
ATTORNEYS AT LAW
1825 CORAL WAY
MIAMI. FLORIDA 03145
JOHN LUKACS MIAMI (305) 856 9600 ORLANDO OFFICE
JOHN CHARLES LUKACS TELECOPIER(305) 856-3041 (407) 648-9601
ROBIN ALAN LUKACS
July 5, 1990
Laurence Feingold, Esquire
City Attorney
City of Miami Beach
1700 Convention Center Drive
P.O. Box 0
Miami Beach, Florida 33139-2032
RE: City of Miami Beach v. Herrera , et al .
Case No. 88-46741 CA 06
Parcel 5 (Weinstein)
Dear Mr . Feingold:
Please be advised that settlement negotiations have been on-going
subsequent uent to the expiration of the offer of judgment.
attorneyfor the property owner, conveyed a
Mr .. Trazenf eld, Upon
settlement offer of $215 , 000 .00 Tuesday, July 3rd. my discussions
with the appraiser for the City, Mr. Ed Waronker, that the value range
of Parcel 5 may lie
between $180 , 000 .00 to $210 , 000 .00 , (being the
equivalent of from $12 .00 to $14 . 00 per square foot) , based on sales
Lhd L Uc.,t,uLt � cx
• : Lw. the valuation date , I solicited an of f or of
�
settlement from the
owner ' s attorney in the amount of $200 , 000 .00 .
his client Mr. Trazenfeld confirmed client
After discussions with I
authorization of $200 , 000 .00 as an offer of settlement which accepted
on behalf of the City, subject to approval by the City of Miami Beach
�
Commission.
Waronker provide written confirmation of his
I requested that Mr. •
estimate of value and am enclosing herewith a copy of his
telecommunicated certificate of value in the amount of $200 , 000 .00 .
advised that I have also negotiated be further settlement of
attorney' s ne ' s fees and costs in the amount of $12 , 800.00 subject t®
Commission approval .
of 46
EXHIBIT "A" .
Laurence Feingold, Esquire Page Two July 5, 1990
1 recommend acceptance of both elements comprising a totai
settlement of $212 , 800 .00 as full compensation including all claims for
compensation, interest, attorney' s fees and costs as a final resolution
of this matter.
This recommendation is based on the appraisal certificate of Mr.
Waronker as well as the recognition of the substantial savings to the
City of additional attorney' s fees , costs , interest and expenditure of
human resources otherwise required by prolonging this case through the
trial date in September.
Respec • ; - ' • ' t ted,
John Lukacs
90-1452 :01/mej : 23
Enclosures
xc: Jean K. Olin, Esquire
William Harrison
L U KAC S SC LTJ KAC S, RA.
CERTIFICATE OF VALUE
Parcel 5
Miami peach ye. Herrera
Cass No. 88-46741 CA 06
Address: 344 & 352 Michigan Avenue, Miami Beach, Florida
I HEREBY CERTIFY:
That l have personally inspected the property herein appraised on the dates noted in the
appraisal, and that 1 have afforded the property owner the opportunity to accompany me at
the time of the inspection. I have also made a personal field inspection of the Comparable
sales relied upon in making said appraisal. The subject end the comparable sales relied
upon in making said appraisal were as represented by the photographs contained in said
appraisal.
That, to the best of ray knowledge and belief, the statements contained in the appraisal
herein set forth are true, and the information upon which the opinions expressed herein are
based is correct; subject to the limiting conditions therein set forth.
That the purpose of this appraisal is to estimate the fair market value of the property,
That neither my employment nor my compensation for making this appraisal and report is in
any way contingent upon the values reported herein.
That 1 have no direct or indirect present or contemplated future personal interest in such
property or in any benefit from the acquisition of such property appraised.
That I have not revealed the findings and results of such appraisal to anyone other than
the proper officials of Miami Beach, Florida. And I will not do so until so authorized by
City officials, or until I am required by due process of law, or until I am released from
this obligation by having publicly testified as to such findings.
That my opinion of the current Market value of the property appraised es of December 26.
1988, is 8200,000 based upon sty independent appraisal and the exercise of my professional
j udgwent
That my opinion of market value may be allocated as follows:
Land Area: 13,000 sq. ft, Land: 6200.000
Improvements: -0m
Total 6200.000
The property has been appraised for its fair market value as though owned in fee simple.
The opinion of value expressed above is the result of and is the subject of the data and
conditions da otibed in detail in this report.
•
Edward M. W , M , ABA, ` '
Florida Certified tified Real Emote
Appraiser No. 249102
Date: July
.r. vie.-. �
µ- 4 8
ORIGINAL
RESOLUTION NO. 90-20036
Approving and accepting the settlement
offer in City of Miami Beach V. Herrera,
ET AL, concerning payment of $212,800.00
for the taking of Parcel Number 5 therein,
legally described as Lots 2 and 3, Block
100, Ocean Beach Addition No. 3, as
recorded in Plat Book 2 at page 81 of the
Public Record of Dade County, Florida,
said figure representing $200,000.00 as
payment in full for said property's value,
$11,000.00 as defendant's attorney's fees,
and $1,800.00 as appraiser's fees; and
further authorizing the funds for this
acquisition to be taken from the South
Pointe Elementary School expansion project
work order 2970.