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HomeMy WebLinkAboutReso 2011-1675 RESOLUTION NO. 2011- J L 75 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PAY EXPERT COSTS AND RELATED FEES IN THE AMOUNT OF $26,000.00 TO THE LAW FIRM OF HICKS & SCHREIBER, P.A., AS EVIDENCED IN EXHIBIT "A", IN THE EMINENT DOMAIN CASE ENTITLED CITY OF SUNNY ISLES BEACH VS. MARKS ET AL. CASE NO. 09-55633 CA 23; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach initiated an eminent domain action against the owners of the property located at 215-255 Sunny Isles Blvd, Ltd, et al.; and WHEREAS, under Florida law, the City is obligated to pay the property owner attorneys' fees and costs in an eminent domain proceedings; and WHEREAS, the Circuit Court has issued an order regarding the expert costs for the fee simple owners (Linda J. Marks and Stephen R. Marks). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorization of the City Manager. The City Manager is hereby authorized to pay expert costs and fees in the amount of $26,000.00 to the law firm of Hicks & Schreiber, P.A. in the case entitled City of Sunny Isles Beach v. Meyer B. Marks, et a1.(Case No. 09-55633 CA 23). (Attached hereto as attachment "A"). Section 2. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 1 ih day of January 2011. ~ ATTEST: cSw... ~tL Jane A. Hines, CMC, City Clerk Approving the payment of the Costs & Fees in SIB vs. Marks, et al ~ Vote: S-D Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl Moved by: Seconded by: v (Yes) ~Yes) _v(Yes) ~Y es) _(Yes) Approving the payment of the Costs & Fees in SIB vs. Marks, et al CcW\~~~ A &L...tCIJ ~~~SL.\4()LL _(No) _(No) _(No) _(No) _(No) 1-- IN THE CIRCUIT COURT OF THE 11 TH JUDrCIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY SUNNY ISLES BEACH, a political . subdivision of the State of Florida, GENERAL JURISDICTION DIVISION CIVIL ACTION NO: 09-55633 CA 23 Petitioner, Parcel A vs. MEYER B. MARKS, et al., Defendants, I AGREED PARTIAL ORDER ON MOTION TO TAX COSTS AND ATTORNEY'S FEES TIllS CAUSE having come before the Court upon the Motion to Tax Costs and Attorney's fees of Defendants, LINDA J. MARKS and STEVEN R. MARKS ("Defendants"), and the Cow1 having reviewed the motion and being otherwise fully advised in the premises, it is thereupon, ORDERED AND ADJUDGED: 1. That Petitioner, the City of Surmy Isles Beach, shall pay the sum of Twenty Six Thousand Dollars ($26,000) in partial settlement of the claim for costs and attorney's fees in this case. The above sum is for all costs, including expert witness fees of Harry C. Newstreet & Associates, Gallagher and Birch, Inc., and for attorney's fees for the billable time claimed by J. Wiley Hicks of Hicks & Schreiber, P.A. The Defendants shall have and recover from Petitioner the reasonable attorney's fees and expert fees set forth below: a. Harry Newstreet & Associates $9,000.00 $ 2,000.00 $15,000.00 b. Gallagher & Birch, Inc. c. 1. Wiley Hicks, Esq. 2. The above sum does not include payment for any portion of the attorney's' fees claimed by Robert A. Schreiber of Hicks & Schreiber, P.A., for the work perfonned in connection with the apportionment proceedings in the above-styled case, and the Court reserves jurisdiction to detennine the amount, if any, that Petitioner must pay for those legal services performed by Robert A. Schreiber on behalf of the Defendants, LINDA J. MARKS and STEVEN R. MARKS. Except the issue of attorney's fees requested by Robert Schreiber, Esq., Defendants shaH not seek nor be entitled to any additional monies of any nature whatsoever. 3. Petitioner is ordered to pay the above sum to Hicks & Schreiber, P.A., Trust Account, at 890 S. Dixie Highway, Coral Gables, FL 33146, within thirty (30) days of the entry oftbe order. ONE AND ORDERED in Chambers at Miami, Miami-Dade County, Florida, on this to day of tIV\../ ,2011. 1-d . \ The Hono Ie William Thomas Circuit Court Judge . . . . . . . . . . . . . . . . . . Copies to: All parties on the attached Service List JOINT MOTION The parties, by and through their undersigned attorneys, move the Court for entry of the foregoing Agreed Partial Order on Motion to Tax Costs and Attorney's Fees. Date: 1. Wiley Hicks, Esq. Attorney for Respondents LINDAJ. MARKS and STEVENR. MARKS Hicks & Schreiber, P.A. 890 S. Dixie Highway Coral Gables, FL 33146 Tel: 305-661-6688 Fax: 305-663-0219 Fla. BarN. 1 55 DS . ot, qu e, City A ity of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Tel: 305-792-1702 Fax: 305-792-1562 Fla. Bar N. 077577 Sidney C. Calloway, Esq. I /6' Z 0' ~ Shutts & Bowen, LLP 200 East Broward Boulevard Suite 2100 Ft. Lauderdale, FL 33301 Tel: 954-524-5505 Fax: 954-888-3063 Fla. Bar N. 790982 Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 1/20/2011 RE: Approving the Payment of the Expert Costs in the Eminent Domain Action for Property Located at 215-255 Sunny Isles Blvd. RECOMMENDATION: Staff recommends the approval of the payment of the expert costs in the eminent domain action of property located at 215-255 Sunny Isles Blvd. REASONS: T he City of Sunny Isles Beach initiated an eminent domain action against the owners of the property located at 215-255 Sunny Isles Blvd. Under Florida law, the City is obligated to pay the property owner's expert costs. The City and the fee simple owners (Linda J. Marks and Stephen R. Marks) were able to agree on the reasonableness of the fees for the experts retained by the Marks. The City and Marks were also able to agree on the attorney's fees submitted by the fee simple owner's attorney (Wiley Hicks), but were not able to agree on the attorney's fees submitted by Robert Schreiber, another attorney who represented the fee simple owners. Please note that at this time the City has not been able to resolve the expert costs and attorney's fees issue regarding the experts retained by the lessors (Wieners) and the lessee (the "Gold Club"). A TT ACHMENTS: . Resolution . Order http://sibagenda.sibflnet/agenda/Preview.aspx?ItemID=433&MeetingID=0&MeetingDate. .. 1 114/2011