93-90 RDA
RESOLUTION NO.
93- 9 0
A RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT
AGENCY, APPROVING AND ACCEPTING THE SETTLEMENT
OFFER IN MIAMI BEACH REDEVELOPMENT AGENCY V.
FRIEND, ET AL, CONCERNING PAYMENT OF
$126,500.00 FOR THE TAKING OF PARCEL NUMBER 1
THEREIN, LEGALLY DESCRIBED AS LOT 20, BLOCK 78,
OCEAN BEACH ADDITION NO.3, PLAT BOOK 2, PAGE
81, DADE COUNTY, FLORIDA REPRESENTING PAYMENT
IN FULL FOR SAID PROPERTY INCLUDING ATTORNEY'S
FEES AND COSTS; AND FURTHER AUTHORIZING THE
FUNDS FOR THIS ACQUISITION TO BE TAKEN FROM
REDEVELOPMENT AGENCY'S CAPITAL CONSTRUCTION
ACCOUNT
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA THAT:
WHEREAS, on May 31, 1989, the City of Miami Beach instituted an
eminent domain action styled Miami Beach Redevelopment Aqency v.
Friend, et ai, Case No. 89-235l3, for the purpose of acquiring 2
parcels of property in Miami Beach for the project known as the
Old Police station site Redevelopment Project; and
WHEREAS, Attorney Mal Englander (Counsel for parcel number 1 in
the subject lawsuit, said parcel being legally described as Lot
20, Block 78, 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. 1 upon receipt of
$126,500.00, said figure representing the subject parcels' property
value, Defendant's attorney's fees and costs; and
WHEREAS, the Miami Beach Redevelopment Agency's General Counsel
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 reci tals 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 Mel Englander, concerning
parcel number l, (legally described as Lot 20, Block 78, Ocean
Beach Addition No.3, as recorded in Plat Book 2, at Page 81 of the
1
Public Records of Dade County,
Florida)
in Miami Beach
Redevelopment Aqencv v. Friend. et al, is hereby accepted and
approved; and
3. The city of Miami Beach thus authorizes the appropriation
of $126,500 as payment for the acquisition of parcel number 1 in
Miami Beach Redevelopment Aqency v. Friend. et al, said funds
representing total payment for the taking of said property
including attorney's fees and costs, and further authorizes that
the appropriation of said funds be taken from the Redevelopment
Agency's Capital Construction Account.
PASSED and ADOPTED this 11th day of
, 1990.
ATTEST:
u~Jn ~
SECRETARY
LFjJKOjrg
FORM APPROVED
REDEVELOPMENT AGENCY
GENERAl cou(t( ,
By -J"dUt ~
Date ~ - ~-LJ?J
2
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Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
(j;)
REDEVELOPMENT AGENCY MEMORANDUM NO.
90-10
DATE: JULY 11, 1990
TO: Chairman Alex Daoud and
Members of the Miami Beach Redevelopment Agency
Executive Director.,R,07tb/)/~.-parkins
FROM: Laurence Feingold ~
General Counsel
,,----.-
SUBJECT: CITY OF MIAMI BEACH REDEVELOPMENT AGENCY V. FRIEND. ET
A.k.L, CIRCUIT COURT CASE NO. 89-23513, PARCEL NO. 1
DEFENDANT'S OFFER OF FULL SETTLEMENT INCLUDING PROPERTY
VALUE, ATTORNEY'S FEES AND COSTS
Attached hereto is a resolution reflecting Attorney Mal Englander's
offer of settlement regarding Parcel #1 in the amount of $126,500
as full payment for the property taken and for all claims and
damages of any nature as full compensation for the condemnation or
parcel #1 in this action including reasonable attorney's fees and
costs. On June 28, 1990, a Settlement stipulation (attached hereto
as Exhibit nAn) was entered into by the Miami Beach Redevelopment
Agency's General Counsel and Attorney Englander, which settled this
matter, contingent upon the approval of the Miami Beach
Redevelopment Agency. I advise acceptance by the Agency of
Attorney Englander's offer of settlement in that acceptance thereof
would be more economically advantageous than proceeding to trial.
LF/JKO/rg
.,
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CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR DADE COUNTY FLORIDA
MIAMI BEACH REDEVELOPMENT
AGENCY,
Defendants.
) GENERAL JURISDICTION DIVISION
)
) CASE NO. 89-23513
)
)
)
)
)
)
)
/
Petitioner,
V.
FRIEND, et al
SETTLEMENT STIPULATION RE: PARCEL 11
Petitioner, Miami Beach Redevelopment Agency and Defendants,
Seymour and Shirley Friend (owners of parcel '1 herein) hereby
agree to waive trial by jury in this eminent domain action, and in
settlement thereof stipulate as to the following:
1. Defendants, Seymour and Shirley Friend, shall recover
from Petitioner, Miami Beach Redevelopment Agency, the sum of
$126,500.00 as full payment, subject to all outstanding liens,
assessments and encumbrances thereon, if any,' for the propert.y
taken in this cause and' for all claims, and damages of any nature
as full compensation for the condemnation of parcel '1 in this
action, including interest, costs and reasonable attorney's fees.
2. The foregoing sum includes the amount of $11,500.00 as
a reasonable attorney's fee and costs for the services rendered to
Defendants, Seymour and Shirley Friend by the firm of Englander and
Burnett.
3. Land and Sea Electric (former lessee's of parcel '1) have
abandoned their leasehold interest and have waived claims for
compensation.
4. Final approval of this stipulation between the parties
shall be contingent upon the acceptance thereof by the Miami Beach
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EXHIBIT "[\"
4
"
Redevelopment Agency at its July 11, 1990 meeting; upon the Miami
Beach Redevelopment Agency's acceptance, an Order confirming same
will be presented to the Court for entry. Within ten days of entry
of the Court's Order Confirming stipulation for Final JUdgment Re:
Parcel #1, Petitioner shall deposit into the Registry of the Court
the sum of $126,500.00.
5. Upon receipt of Petitioner's deposit of funds set forth
in the foregoing paragraph, the Clerk of this Court shall pay the
sum of $115,000.00 to Defendants, Seymour and Shirley Friend, and
shall pay the sum of $11,500.00 to Englander and Burnett for
reasonable attorney's fees and costs from the monies deposited in
accordance with this Order.
6. The vesting of fee simple title in Petitioner in and to
parcel #1 more particularly described as Lot 20, Block 78, Ocean
Beach Addition No.3, as recorded in Plat Book 2 at Page 81 of the
Public Records of Dade County, Florida, shall occur immediately
upon the deposit of the monies hereinabove described and thereupon
title in Petitioner will be approved, ratified and confirmed.
RESPECTFULLY
LAURENCE FEINGOLD, ESQUIRE
General Counsel
Miami Beach Redevelopment Agency
Attorney for Petitioner
1700 Convention Center Dr.
Miami Beach, Florida 33139
(305) 673-7470
By: J~/~Ol~~~:Uire
Florida Bar No. 334421
SUBMITTED,
MAL ENGLANDER, ESQUIRE
ENGLANDER AND BURNETT
Attorney for Defendants
Seymour and Shirley Friend
1 Lincoln Road Suite 208
Miami Beach, Florida 33139
(305) 538-1443
By:
. . .
/ } ~ v-1-.,........
Mal Englander, E~ u re
Florida Bar No. 0 2744
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