Reso 2017-2695 - Laserfiche WebLink

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�sotANY ts4F of Isles Beach Cit} Commission s City Sunny George"Bud"Scholl,Mayor a� - ' ^ L F 18070 Collins Avenue, Suite 250 Dana Goldman, Vice Mayor •-'.:'-'476--1.` 3- Isaac Aelion, Commissioner n Sunny Isles Beach, Florida��160 � '';•.:' `...- .= =' I Jeanette Gatto,Commissioner * '; (305)947-0606 CityHall Larisa Svechin,Commissioner .-'s--..,.. .„,..„_.....W* (305)949-31 13 Fax y 99, V.-' \oP �, (305)947-2150 Building Department Christopher J.Russo City Manager F * FLOC 5 305 947-5107 Fax Hans Ottinot,City Attorney C'rY OF sus Pao (305) Jane A.Hines,i•li\IC,City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney0... .t\''er DATE: April 20, 2017 RE: Resolution Ratifying the Payment of the Final Judgment Payment Related to Case Nos. 12- 26693 CA 09 and 3D15-1420 Entitled City of Sunny Isles Beach vs. Calvary Corp. et al. RECOMMENDATION: This Resolution is presented for your approval. REASONS: The City of Sunny Isles Beach initiated an eminent domain action against an owner of a submerged land property, which a portion was acquired for construction of the Emergency Pedestrian Bridge. On June 12, 2015, a Final Judgment was awarded for the property owner. In accordance with the Final Judgment, the City was required to pay the judgment amount of approximately $1.2 Million Dollars inclusive of trial attorney's fees and statutory interest. The Final Judgment was affirmed by the Third District Court of Appeal on January 25, 2017, and on February 10, 2017, the Court remanded the case to the lower court for determination of appellate attorney's fees and experts' fees and costs in the case. By law, the City is required to pay all the property owner appellate attorneys' fees and experts' fees and costs in an eminent domain proceedings. The property owner has submitted appellate attorneys' fees for three separate law firms in the amount of Six Hundred Fourteen Thousand Five Hundred Sixty Five Dollars ($614,565). The appellate fees are three times the amount paid by the City for its appellate counsel. The experts' fees and costs also are approximately Two Hundred Seventy Two Thousand Four Hundred Eight Five Dollars Thirty Five Cents ($272,485.35). The fees and costs requested by the property owners are extremely high and are not reasonable based on market rates. As such, the trial court will have to determine the reasonableness of the fees if the parties are not able to resolve the matters.