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.
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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.
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•
.
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.
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c •
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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
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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
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