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HomeMy WebLinkAboutReso 2004-711 RESOLUTION NO. 2004-..21J A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF . SUNNY ISLES BEACH, FLORIDA, APPROVING THE RETAINER O~fJ AJ AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND \'? THE LAW FIRM OF GOREN, DOODY, CHEROF & EZROL, ~f'\..r-',.J SPECIFICALLY KERRY EZROL, ESQ. AS OUTSIDE COUNSEL, ~ Y"'rA.GJI" SPECIFICALLY TO ACQUIRE BY NEGOTIATION OR,) 'F~~ ~ CONDEMNATION, PROPERTY LOCATED AT 18211 NORTH BAY 11'-'1'" ROAD, FOLIO NO. 31-2202-039-0010 COMMONLY REFERRED TO AS BEHNAMOU PROPERTY; 201 182 DRIVE, FOLIO NO. 31-2211-009- 0010, COMMONLY REFERRED TO AS EMPRESS HOUSE APARTMENTS; AND 19165-75 COLLINS A VENUE, FOLIO NO. 31-2202. 009-0010 COMMONLY REFERRED TO AS PRATS PROPERTY; 19142 COLLINS A VENUE, FOLIO NO. 31-2202-009-0020 COMMONLY KNOWN AS RAMUNNO PROPERTY; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach wishes to acquire by negotiation or condemnation, property located at 18211 North Bay Road, Folio No. 31-2202-039-0010 commonly referred to as Behnamou property; 201 182 Drive, Folio No. 31-2211-009-0010, commonly referred to as Empress House Apartments; and 19165-75 Collins Avenue, Folio No. 31-2202-009-0010 commonly referred to as Prats property; 19142 Collins Avenue, Folio No. 31- 2202-009-0020, commonly known as Ramunno property; and WHEREAS, Kerry Ezrol of the Law Firm of Goren, Doody, Cherof & Ezrol, L.L.P. is highly qualified to represent the City in matters involving the acquisition by negotiation or condemnation of property located at 18211 North Bay Road, Folio No. 31-2202-039-0010 commonly referred to as Behnamou property; 201 182 Drive, Folio No. 31-2211-009-0010, commonly referred to as Empress House Apartments; and 19165-75 Collins Avenue, Folio No. 31-2202-009-0010 commonly referred to as Prats property; 19142 Collins Avenue, Folio No. 31- 2202-009-0020, commonly known as Ramunno property; and WHEREAS, the City Attorney desires to enter into an agreement to retain the services of Goren, Doody, Cherof & Ezrol, L.L.P" attached hereto as Exhibit "A", NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves the retainer agreement of the Law Firm of Goren, Doody Cherof & Ezrol, L.L.P., as Special counsel for eminent domain purpose. Retention of Outside Counsel- Goren, Doody, Cherof & Ezrol 1 LMD:jb -- 10/22/2004 LegislationlResolutionl Attorney Section 2. Authorization to City Manager and City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate this resolution. Section 3. Effective Date. This Resolution becomes effective upon adoption. PASSED and ADOPTED this 9th day of September, 2004. :<,'~ J oj ;.! :,;" .--, ..:- ~ ~ ,- ,'ATTEST: '" ',:', ....,:- ,J l '" '-.' ~ :" "...~ '.. ,:~":~.,.._' ..~.,. L-'~" '-' '.;'" --".r, ..'.,., V 1 G , . ,~~,~-~ , '" Jane ,IDne's, City Q1~rk "J ;';'"'''' APPROVE]) AS TO FORM AND LEGAL SUFFICIENCY: L n M. Dannheisser, City Attorney Second by: \A U ~ Dr (;not\m A1\J (1W\M,l S$\ bt\h-'2 T~<e.R..., Moved by: VOTE AS FOLLOWS: 5-0 Mayor Ede1cup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler ( 0' yes CJ.L'J" yes (~ yes (l2'~es C~ yes (_) no (_) no (_) no (_) no (_) no Retention of Outside Counsel - Goren, Doody, Cherof & Ezrol 2 LMD:jb -- 10/22/2004 LegislationlResolutionl Attorney GOREN, CHEROF, DOODY & EZROL, P.A. ATTORNEYS AT LAW SUITE 200 3099 EAST COMMERCIAL BOULEVARD FORT LAUDERDALE, FLORIDA 33308 SAMUEL S, GOREN JAMES A, CHEROF DONALD J. DOODY KERRY L EZROL MICHAEL D, CIRULLO, JR TELEPHONE (954) 771-4500 FACSIMILE (954) 771-4923 JULIE F. KLAHR LINDSEY A. PAYNE DAVID N TOLCES MICHAEL J, PAWELCZYK STEVEN L JOSIAS, OF COUNSEL ~~ August 13, 2004 ATTORNEY -CLIENT FEE CONTRACT This document (the "Agreement") is the written fee contract between Goren, Cherof, Doody & Ezrol, P.A. ("Counsel") City of Sunny Isles, Beach ("Client"). 1. CONDITIONS. This Agreement will not take effect, and we will have no obligation to provide legal services, until a signed copy of this Agreement and the initial retainer/cost deposit called for under Paragraphs 5 and 6 is returned to the offices of Goren, Cherof, Doody & Ezrol, P.A. 2. SCOPE OF SERVICES. The Client is hiring Goren, Cherof, Doody & Ezrol, P.A., for legal services with regard to acquisition by negotiation or condemnation of property owned by Marina Bay Club Limited and Empress House Apartments, pursuant to Resolution No. 2004-649. 3. CLIENTS DUTIES. The Client agrees and acknowledges that it has a duty to cooperate with its undersigned counsel, to keep Counsel informed of developments, to keep in contact with undersigned counsel, to abide by this Agreement, to pay all invoices on time and to keep Counsel advised of the Client's current address, and telephone number. The Client acknowledges this understanding by signing below. 4. PROFESSIONAL FEES, The client understands and agrees that charges for professional services rendered will be by the hour at the prevailing rates for time spent on your matter by the law firm's legal personnel. The current hourly rates for legal personnel (and other billing rates) are set forth on the attached Rate Schedule. The Rate Schedule also provides for periodic increases. The Client will be charged for the time spent on telephone calls relating to this matter, including telephone conferences with the Client, opposing counselor court personnel. The legal personnel assigned to your matter will confer among themselves about the matter, as required. When they do confer, each person will charge for the time expended. Likewise, if more than one of our legal personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent. It is understood that KERRY L. EZROL, is the responsible attorney for City of Sunny Isles Beach Page 2 of4 August 13, 2004 this matter and that KERRY L. EZROL hourly billing rates are $200.00 an hour. In the event the Client has any questions regarding the activity or the charges as reflected on the invoices, please contact us immediately upon receipt of the invoice. 5. FEE RETAINER. A fee retainer in the amount of $-0- is required in this case. This retainer will be held throughout the period of our representation of the Client and will be applied by the law firm to the final bill. In addition, depending on the development of the case or the complexity of the matter, the law firm may request an additional retainer at the time the case is set for trial by the Court. 6. COSTS AND OTHER CHARGES. The law firm may incur various costs and expenses on Client's behalf in performing legal services under this Agreement. The Client agrees to pay for those costs and expenses in addition to the hourly fees. The costs and expenses commonly include process servers' fees, fees fixed by law or assessed by courts and other agencies, court reporters' fees, long distance telephone calls, messenger and other delivery fees, excessive postage, retrieval of closed files from off-site storage, if requested, photocopying and other reproduction costs, and other similar items. To facilitate the handling of this matter, the law firm requires that the Client deposit a cost retainer in the amount of $-0-. This retainer will be used to expedite payment for messengers, overnight delivery, court reporter and similar charges. Should the retainer for costs be depleted, the law firm may periodically request that the Client deposit additional funds to replenish the cost retainer. 7. BILLING STATEMENTS. Periodic statements will be sent for fees and costs incurred. Each statement will be due within 30 days of its date. 8. LIEN. The Client hereby grants the law firm a lien on any and all claims or causes of action that are the subject of its representation under this Agreement. The lien will be for any sums owing to the law firm at the conclusion of the services. The lien will attach to any recovery the Client may obtain, whether by arbitration award, judgment, settlement or otherwise. 9. DISCHARGE AND WITHDRAWAL. The Client may discharge the law firm at any time. The law firm may withdraw with the Client's consent or for good cause. Good cause includes a breach of this Agreement, the Client's refusal to cooperate with the law firm or to follow advice on a material matter or any fact or circumstance that would render the law firm's continuing representation unlawful or unethical. At the conclusion of all services, all unpaid charges will immediately become due and payable. After the services conclude, the law firm will, upon your request, deliver a file to you, along with any funds or property of yours in the law firm's posseSSIOn. 10. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in statements to the Client will be construed as a promise or guarantee about the outcome of this City of Sunny Isles Beach Page 3 of 4 August 13, 2004 matter or any possible litigation. Goren, Cherof, Doody & Ezrol, P.A. nor KERRY L. EZROL make any such promises or guarantees. All comments about the outcome of the law suit are expressions of opinion only. 11. EFFECTIVE DATE. This Agreement will take effect once the Client has performed the conditions stated in Paragraph 1, but its effective date will be retroactive to the date the law firm first performed services. The dates at the end of this Agreement are for reference only. Even if this Agreement does not take effect, the Client will be obligated to pay the reasonable value of any services the law firm may have performed for the Client. I have read and understand the foregoing terms and those set forth on the attached Rate Schedule and agree to them as of the date Goren, Cherof, Doody & Ezrol, P.A. first provided services. If more than one party signs below, we each agree to be liable, jointly and severally, for all obligations under this Agreement. GOREN, CHEROF, DOODY & EZROL, P.A. Date: By: KERRY L. EZROL, ESQUIRE 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 (954) 771-4500 CITY OF SUNNY ISLES, BEACH Date: el ;: / ellS? t..-, /--', ~ () By: f~-~ Print Name: L j)(Ji../1.~ Title: ~~ ~~ 170 0 Collms. venue Sunny Isles Beach, FL 33160 (305) 947-0606 City QfSunnyjslesBeach Page 4014 August 13, 2004 RATE SCHEDULE A. Identification Client: SUNNY ISLES BEACH/CITY OF Matter: Acquisition by negotiation or condemnation of property owned by Marina Bay Club Limited and Empress House Apartments, pursuant to Resolution No. 2004-649. B. Hourly rates for legal personnel Partners Associates Law Clerks Paralegals $185.00-$200.00/hour $150.00-$185.00/hour $75.00/hour $75.00/hour C, Standard Charges We charge for our time in minimum units of .10 hours. D. Costs and expenses In-office photocopying Telefacsimile transmittal .35/page 10.00 E. Subject to change The rates on this schedule are subject to change on 30 days written notice. \'JGCDEJS\LlBRARY\BRENDA\RETAlNER-agmt (Sunny Isles Beach)3.doc