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Reso 2004-690
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Reso 2004-690
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Last modified
7/1/2010 9:41:13 AM
Creation date
1/25/2006 1:57:39 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2004-690
Date (mm/dd/yyyy)
07/08/2004
Description
– Attorney’s & Appraiser’s Fees for 18100 Collins Ave Shopping Ctr, Ltd.
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<br />,q <br /> <br />RESOLUTION NO. 2004- "QO <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, <br />AUTHORIZING THE CITY MANAGER TO PAY COSTS IN <br />THE AGGREGATE AMOUNT OF THREE THOUSAND <br />NINE HUNDRED SIXTY -FIVE AND EIGHTY -NINE CENTS <br />($3,965.89); FURTHER PROVIDING THE CITY MANAGER <br />WITH THE AUTHORITY, IF NECESSARY, TO PLACE IN <br />AN ESCROW ACCOUNT OR DEPOSIT INTO THE <br />REGISTRY OF THE CIRCUIT COURT THE SUM OF ONE <br />HUNDRED FIFTY FOUR THOUSAND DOLLARS FOUR <br />HUNDRED FIFTY TWO AND FIFTY CENTS ($154,452.50) <br />FOR ATTORNEY'S AND APPRAISER'S FEES; <br />PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, the City filed an eminent domain action against 18100 Collins <br />Avenue Shopping Center, Ltd. et aI, and <br /> <br />WHEREAS, under Florida law, the City is obligated to pay the property owner <br />attorney's fees and costs in an eminent domain proceedings; and <br /> <br />WHEREAS, the property owner's attorney has submitted estimated fees and <br />costs in the following amounts in its Motion to Tax Fees and Costs attached hereto as <br />Exhibit "A'; <br /> <br />(1) Bradley Gould, Akerman Senterfitt, $94,270.00 <br />(2) American Valuation, Inc. (Appraiser) $60,182.50 <br />(3) Rahenkamp Design Grollp, Inc. $1736.74 <br />(4) Everman & Everman, Inc. $527.90 <br />(5) JMD Engineering, Inc. $1531.25 <br />(6) Civil Process Plus, Inc. $170.00 <br /> <br />WHEREAS, the City believes that the fees submitted for the property owner's <br />attorney and property appraiser are not reasonable and consistent with the fees that are <br />generally awarded in an eminent domain proceedings; and <br /> <br />WHEREAS, at this time, the City is only willing to pay the fees for Rahenkamp <br />Design Group, Inc., JMD Engineering, Inc., Everman and Everman, Inc., and Civil <br />Process, Plus, as reasonable fees; and <br /> <br />WHEREAS, the City intends to pay the additional fees and costs upon the <br />resolution of the fee dispute between the City and property owner's attorney or pursuant <br />to an order of the Circuit Court. <br />
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