100-90 RDA
RESOLUTION NO.
100- 9 0
A RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT
AGENCY, APPROVING AND ACCEPTING THE PARTIAL
SETTLEMENT OFFER IN MIAMI BEACH REDEVELOPMENT
AGENCY V. FRIEND. ET AL, CONCERNING PAYMENT OF
$500,000.00 FOR THE TAKING OF PARCEL NUMBER 2
THEREIN, LEGALLY DESCRIBED AS LOT 7, LESS THE
EAST 50 FEET, BLOCK 80, OCEAN BEACH ADDITION
NO.3, AS RECORDED IN PLAT BOOK 2, PAGE 81,
DADE COUNTY, FLORIDA; $500,000 REPRESENTS THE
FULL COMPENSATION WHICH DEFENDANT IS ENTITLED
TO RECEIVE FROM PETITIONER FOR THE MARKET
VALUE OF THE IMPROVEMENTS ON THE LAND TAKEN
INCLUDING WITHOUT THE LIMITATION, THE VALUE
CONTRIBUTION OF ALL COSTS OF MATERIAL, LABOR,
ARCHITECTS' AND ENGINEERS' FEES, GENERAL
CONTRACTOR'S FEES, SPECIAL CONSULTING FEES AND
BUILDING PERMITS AND LICENSES AND APPROVALS,
LEGAL COSTS, FINANCE CHARGES AND PROFESSIONAL
FEES ATTRIBUTABLE TO THE ASSEMBLY,
CONSTRUCTION AND COMPLETION OF THE
IMPROVEMENTS ON THE LAND AND FOR ALL CLAIMS
FOR DAMAGES OF EVERY NATURE EXCEPT FOR THE
VALUE OF THE LAND EXCEPT DEFENDANT'S
ATTORNEY'S FEES; AND THE DEPOSIT OF $100,000
IN THE REGISTRY OF THE COURT AS THE
PETITIONER'S GOOD FAITH ESTIMATE OF LAND
VALUE; AND FURTHER AUTHORIZING THE SUM OF
$600,000.00 FOR THIS ACQUISITION TO BE TAKEN
FROM REDEVELOPMENT AGENCY'S CAPITAL
CONSTRUCTION ACCOUNT
BE IT RESOLVED BY THE MIAMI BEACH REDEVELOPMENT AGENCY OF THE
CITY OF MIAMI BEACH, FLORIDA THAT:
WHEREAS, on May 31, 1989, the Miami Beach Redevelopment Agency
instituted an eminent domain action styled Miami Beach
Redevelopment Aqency v. Friend. et aI, Case No. 89-23513, for the
purpose of acquiring two parcels of property in Miami Beach for the
project known as the Old Police station site Redevelopment Project;
and
WHEREAS, the Daughters of Israel, Inc. owner of parcel No. 2
by and through Attorney Russell Galbut, Counsel of record in the
subject lawsuit, said parcel being legally described as:
Lot 7, Block 80, 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 of settlement by Stipulated Partial Final
Judgment and Order of Taking, in accordance with Exhibit "A" hereto
to provide for the entry of an Order of Taking and to partially
settle parcel no. 2 upon payment of the total sum of $600,000.00.
Of the total, $500,000 represents the full compensation which
1
Defendant is entitled to receive from Petitioner for the market
value of the improvements on the land taken including without
limitation, the value contribution of all costs of material, labor,
architects' and engineers' fees, general contractor's fees, special
consulting fees and building permits and licenses and approvals,
legal costs, finance charges and professional fees attributable to
the assembly, construction and completion of the improvements on
the land and for all claims for damages of every nature except for
the value of the land exclusive of Defendant's attorney's fees.
The additional sum of $100,000 to be deposited in the Registry of
the Court, represents the Petitioner's good faith estimate of the
land value; and
WHEREAS, pursuant to paragraph 6 of the attached Stipulated
Partial Final Judgment:
. . . the value of the land only, as if vacant, will
hereafter be determined in a trial by jury, if not agreed
to by the parties or if an alternate site in lieu of
money compensation is not available as hereinafter
provided. The value of the land shall be determined as
of the date of the deposit.
WHEREAS, the Miami Beach Redevelopment Agency's General
Counsel has recommended acceptance of this offer.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MIAMI BEACH
REDEVELOPMENT AGENCY, 'rHAT:
1. The Miami Beach Redevelopment Agency 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
Redevelopment
Agency's
General
Counsel's
recommendation concerning acceptance of the partial settlement
offer from Daughters of Israel Inc., by its Attorney Russell
Galbut, concerning parcel number 2, (legally described as Lot 7,
Block 80, Ocean Beach Addition NO.3, as recorded in Plat Book 2,
at Page 81 of the Public Records of Dade County, Florida) in Miami
Beach Redevelopment Aqency v. Friend. et aI, is hereby accepted and
approved; and
3. The Miami Beach Redevelopment Agency thus authorizes the
appropriation of the total sum of $600,000 as partial payment for
2
the acquisition of parcel number 2 in Miami Beach Redevelopment
Aqency v. Friend, et ale The sum of $500,000 represents the full
compensation which Defendant is entitled to receive from Petitioner
for th€~ market value of the improvements on the land taken
including without limitation, the value contribution of all costs
of material, labor, architects' and engineers' fees, general
contrac1:or's fees, special consulting fees and building permits and
licenses and approvals,
legal costs,
finance charges and
professional fees attributable to the assembly, construction and
completion of the improvements on the land and for all claims for
damages of every nature except for the value of the land excluding
Defendant's attorney's fees. The sum of $100,000 to be deposited
in the Registry of the Court represents Petitioner's good faith
estimate of land value; and further authorizes that the
appropriation of said funds be taken from the Redevelopment
Agency's Capital Construction Account.
PASSED and ADOPTED
this 19th day of December , 1990.
~~f)J
ATTEST:
~~ UJ.....~~~
~~ SECRETAR
LF / ,TKO /:rg
FORM APPROVED
REDEVB.OPBr
Edomain3.daugh.res
By _ \
Date
3
Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
REDEVELOPMENT AGENCY MEMORANDUM NO.
DATE: DEC. 19, 1990
TO:
Chairman Alex Daoud and
Members of the Miami Beach Redevelopment Agency
Executive Director Rob i'", ~4rkin,s
FROM:
Laurence Feingold
General Counsel
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__ /1. ''f--.... /
.~ I
,-----.
,./'--J .
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SUBJECT: CITY OF MIAMI BEACH REDEVELOPMENT AGENCY V. FRIEND, ET
AL., CIRCUIT COURT CASE NO. 89-23513, PARCEL NO.2:
DEFENDANT'S OFFER OF PARTIAL SETTLEMENT, EXCLUDING
ATTORNEY'S FEES
Attached hereto is a Resolution reflecting Daughter's of Israel,
Inc., offer of partial settlement given by Attorney Russell
Galbut's (Counsel representing the parcel owner Daughters of
Israel) regarding Parcel #2 in the above-styled eminent domain
lawsuit. The settlement is in the amount of $500,000 which
represents the full compensation which Defendant is entitled to
receive from Petitioner for the market value of the improvements on
the land taken including without limitation, the value contribution
of all costs of material, labor, architects' and engineers' fees,
general contractor's fees, special consulting fees and building
permits and licenses and approvals, legal costs, finance charges
and professional fees attributable to the assembly, construction
and completion of the improvements on the land and for all claims
for damages of every nature except for the value of the land,
exclusive of Defendant's attorney's fees.
The additional sum of $100,000 to be deposited in the Registry of
the Court represents the Petitioner's good faith estimate of the
land value.
Under the terms of the subject offer, the value of the land, as if
vacant, will be determined in a jury trial, if not otherwise agreed
to by the parties or if an alternate site in lieu of money
compensation is not available.
I advise acceptance by the Agency of the owner's offer of
settlement submitted by Attorney Ga1but in that acceptance thereof
would be more economically advantageous than proceeding to trial
since avoiding extended litigation would result in savings to the
Agency of additional attorney's fees.
LF/JKO/rg
Edomain3.daugh.ram
DEC 10 '90 16:18 TO 8648525
FROM LUKACS * LUKACS, PA
T-159 P.03
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR DADE COUNTY, FLORIDA
MIAMI BEACH REDEVELOPMENT
AGENCY
GENERAL JURISDICTION DIVISION
Petitioner,
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CASE NO. 89-23513 (CA - 09)
vs.
Parcel 2
SEYMOUR FRIEND and SHIRLEY
FRIEND, his wife; et aI,
Defendants.
STIPULATED PARTIAL FINAL JUDGMENT AND ORDER OF TAKING
This matter has come before the Court upon the joint motion of the
Petitioner and the Defendant, Daughters of Israel, Inc., by and through
respective counsel of record, for the entry of an order of taking, and,
It appears that counsel are duly authorized to stipulate to the
matters set forth herein, and,
The Court being fully advised in the matter, upon consideration,
..
it is therefore
ORDERED AND ADJUDGED:
1. That the Court has jurisdiction of the subject:matter of, and
the parties to, this cause.
2. That the pleadings in this cause are sufficient and that the
Petitioner is properly exercising its delegated authority.
3. That the full compensation which the Defendant is entitled to
receive from the Petitioner for the market value of the improvements on
the land taken including without limitation, the value contribution of
all costs of material, labor, architects' and engineers' fees, general
contractors' fees, special consulting fees and building permits and
licenses and approvals, legal costs, finance charges and professional
EXHIBIT "A"
DEC 10 '90 16:21 TO 8648525
(
FROM LUKACS * LUKACS. PA
T-159 P.07
fees attributable to the assembly, construction and completion of the
improvements on the land and for all claims for damages of everYllture
6'O()" ()~o. 00 · Q ()
except for the value of the land, is the sum of SlUt tg~ 00. ~
4. That the Petitioner's good faith estimate of value of the
land legally described herein as Parcel 2, based upon a valid appraisal
is the amount of $100.000.00. ~ ~~
5. That upon the deposit of the total sum of ~f:::m::: into ~
the registry of this Court within 20 days from the date hereof all the
@
right I title and interest in and to Parcel 2 as specifi~d in the
Petition and described herein shall vest in the Petitioner, to wit:
The fee simple absolute title to the parcel described as:
Parcel 2
Lot 7, less the East 50 feet, Block 80,
OCEAN BEACH ADDITION NO.3, as recorded
in Plat Book 2 at Page 81 of the Public
Records of Dade County, Florida
6.
That the value of the land only
,
as
if vacant,
will
hereafter be determined in a trial by jury, if not agreed to by the
parties or if an alternate site in lieu of money compensation is not
available as hereinafter provided.
The value of the 'land shall be
determined as of the date of the deposit.
7. The Petitioner reserves the right to locate an alternate site
satisfactory to the Defendant, in the discretion of the Defendant,
zoned or permitted for use by the Defendant for the same use as
presently existing on Parcel 2 taken in this cause. The Petitioner
shall have a period of time not less than 90 days from the date of
deposit as provided herein within which to convey such alternate site
~-~
DEC 10 '90 16:20 TO 8648525
FRO~'l LUKACS * LUKACS. PA
T-159 P.12l5
-
to the Defendant in lieu of money compensation for the land taken.
Simultaneously with such conveyance the amount of the deposit
representing the value of the land shall be paid to the Petitioner.
8. In the event no alternate site is conveyed to the Defendant
by the Petitioner pursuant to the foregoing, and the value of the land
is determined by jury trial, the Defendant ,shall be entitled to
interest only on the difference between the good faith estimate of the
value of the land and the amount of the final jury verdict as to the
value of land from the date of deposit to and including the date of the
final judgment.
9. This stipulation shall not be disclosed to the jury in the
event of a trial on the issue of the land value.
lO. That the aforesaid deposit of money will secure the persons
lawfully entitled to the compensation which will be ultimately
determined by final judgment of this Court.
11. That the Defendant shall be entitled to continue in physical
possession of the premises rent free until and including June 30, 1991,
and that the Petitioner, thereupon,
,f;
and without the,",necessity for
,)
further hearing or application to this Court for any further order,
shall be entitled and authorized by the force and effect of this order,
to enter upon the premises, remove all contents and persons therefrom,
and to take full physical possession of the parcel and to utilize the
same fully for its purposes.
12. l!'l-la.:t s).,nll'd +-he. fel"ii9'l"'\~ '"''J QepQsi't -no't 1;e -~nA ,",~p tee
I"e.ti~ic5.u~L wit;olll t.wen1:Y (~U) (!a:,yo L.v&u 1:ne dQl.6 .l...e....a.""l', tl.!.. er.a~
sRall lag Hoia ;aPhl
u! ne fv~rn~~ 9ffQQ~, ~
DEC 10 '90 16:20 TO 8648525
FROM LUKACS * LUKACS. PA
T-159 P.06
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!II
1'-. Nothing herein shall be deemed a denial of Defendant I s
entitlement to compensation for reasonable attorney fees --~ --~ ~~
" ,~
DONE AND ORDERED IN CHAMBERS IN MIAMI, DADE COUNTY STATE OF
FLORIDA this
day of
, 1990.
CIRCUIT COUR~ JUDGE
JOINT MOTION FOR ENTRY
The Petitioner and Defendant, Daughters of Israel, Inc., by and
through undersigned counsel jointly move the Court for the entry of the
foregoing Stipulated Partial Final Judgment and Order of Taking.
Laurence Feingold
General Counsel
Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7470
Fla. Bar No.:
BY:
DATE:
, 1990
Galbut, Galbut & Menin, P.A.
Counsel for the Defendant
Daughters of Israel
999 Washington Avenue
Miami Bach, Flori
PUb) . 2-3100
Fla. Bar No.:
BY:
DATE:
, 1990