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.
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ATTEST:
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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)
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_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)
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_(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
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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