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<br />RESOLUTION 2004-10'7
<br />
<br />A RESOLUTION OF THE CITY COMMISSION OF THE
<br />CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING
<br />THE CITY MANAGER TO PAY ATTORNEYS' FEES,
<br />APPRAISER'S COSTS AND COURT COSTS IN THE
<br />AMOUNT OF $97,219,33, AS EVIDENCED IN EXHIBIT "A",
<br />"B", "C" AND "D" IN THE EMINENT DOMAIN CASE, CITY
<br />OF SUNNY ISLES BEACH V, 18100 COLLINS AVE,
<br />SHOPPING CENTER, L TD" PROVIDING FOR AN
<br />EFFECTIVE DATE,
<br />
<br />WHEREAS, on May 22, 2003, the City made a determination that it needed to acquire
<br />additional property to construct a public works facility; and
<br />
<br />WHEREAS, the City of Sunny Isles Beach brought a eminent domain action against
<br />18100 Collins Avenue Shopping Center, Ltd, et al.; and
<br />
<br />WHEREAS, under Florida law, the City is obligated to pay the property owner
<br />attorneys' fees and costs, in an eminent domain proceedings, and
<br />
<br />WHEREAS, the Circuit Court has awarded the property owner's the following amounts
<br />in attorney's fees and appraiser's cost;
<br />
<br />(1) Bradley Gould, Akerman Senterfitt, $70,000,00 (Exhibit "A")
<br />(2) American Valuation, Inc. (Appraiser) $20,140.00 (Exhibit "B")
<br />
<br />WHEREAS, the City is also obligated to pay the court costs incurred as a result of the
<br />court hearing on attorney's fees and appraiser's cost;
<br />
<br />(1) Akerman Senterfitt, $1,103.66 (Exhibit "C")
<br />(2) Harmon H. Garrin, $5975.67 (Exhibit "D")
<br />
<br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISION OF THE
<br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
<br />
<br />Section 1, Authorization of the City Manager, The City Manager is hereby authorized to pay
<br />Respondents attorney's fees, appraiser's fees and court costs in the amount of $97,219,33 in the
<br />case entitled City of Sunny Isles Beach v, 18100 Collins Ave, et al. (Case No. 03-21419 Ca 10),
<br />The City Manager is authorized to do all things necessary to effectuate this Resolution.
<br />
<br />Section 2,
<br />
<br />Effective Date, This Resolution shall become effective upon adoption.
<br />
<br />PASSED and ADOPTED this~day of ~~. ,2004.
<br />
<br />Attorneys fees and Cost! Eminent Domain
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