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HomeMy WebLinkAboutReso 2011-1687 RESOLUTION NO. 2011- It:. <:g7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PAY EXPERT COSTS AND ATTORNEYS FEES IN THE EMINENT DOMAIN CASE ENTITLED CITY OF SUNNY ISLES BEACH VS. MARKS ET AL. CASE NO. 09-55633 CA 23; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; 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 orders awarding fees and costs to the Defendants. 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 case entitled City of Sunny Isles Beach v. Meyer B. Marks, et al.(Case No. 09-55633 CA 23). (Attached hereto as attachment "A"). Section 2. Authority of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 23rd day of February 2011. ATTEST: I I ~~ Jane A. Hines, CMC, City Clerk Approving the payment of the Costs & Fees in SIB vs. Marks, et al City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 1 1 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis Thaler, Vice Mayor Isaac Aelion, Commissioner Jeanette Gatto, Commissioner George "Bud" Scholl, Commissioner Jorge Vera, Acting City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM TO: The Honorable City Commission FROM: Hans Ottinot, City Attorney DATE: February 23,2011 RE: Resolution Authorizing Payment of Experts Costs and Attorneys Fees in the Eminent Domain Action for property located at 215-255 Sunny Isles Blvd. Recommendation: This Resolution is presented for your approval. Reasons: In January 2010, the City acquired the property located at 215-255 Sunny Isles Boulevard via eminent domain. Under Florida's eminent domain law, the City is required to pay all costs and attorney's fees for the owners. Through a contested fee hearing, the City was able to reduce the amount of expert costs and fees requested by three law firms. As indicated in the attached, the City was able to significantly reduce the amount of fees requested by the law firms by contesting the requested fees. A total savings of $201,884.76 is reflected in the attached table. If we include an estimated $50,000.00 as cost incurred by the City to hire the appropriate experts to contest the fees, a net savings of$151,884.76 is realized. Please note that acquiring the property by eminent domain is a costly endeavor under Florida law because the condemning authority is required to pay for costs and attorneys fees. Please note that the City has already paid the majority of the fees approved for the law firm of Hicks and Schreiber. ~-DtJ ~ k? Agenda Item I D I "\ Date ~ - ?. '?:> - 11- IN THE CIRCUIT COURT OF TBE 11 TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 09-55633CA21 PARCEL A SUNNY ISLES BEACH, a political subdivision of the State of Florida, Petitioner, vs. MEYER B. MARKS, LEROY WIENER, JACK BURS TINER, et al., Defendants. / ORDER AWARDING ATTORNEY FEES ON APPORTIONMENT AND EXPERT FEES AND COST FOR TRIAL AND APPORTIONMENT This cause came on for hearing on the Defendant's Motion for Attorneys Fees on Apportionment and Amended Motion to Tax Expert Fees and Costs filed by BURCO INe., SARIT A WIENER, CO-TRUSTEE OF THE LEROY WIENER F AMIL Y TRUST AND CO- TRUSTEE OF THE LEROY WIENER MARITAL TRUST AND AUSTIN FRYE, ESQUIRE, CO- TRUSTEE OF THE LEROY WIENER F AMIL Y TRUST AND CO-TRUSTEE OF THE LEROY WIENER MARITAL TRUST, and the Court having heard evidence and testimony and argument of Counsel, it is Ordered and Adjudged. This cause is based upon the constitutional requirement to provide full compensation to an owner in Eminent Domain, including attorney fees and expert fees and costs as implemented under Florida Statues 73.091 and 73.092. The parties stipulated in open court that the following fees and costs are reasonable and taxable against the Petitioner, City of Sunny Isles Beach and the Court affirms the same: Page 1 of5 JMD Engineering, Inc. (Engineering expert) $ 12,546.41 Eagle Express (Trial Exhibits) 11,238.56 United Reporting (Depositions & Hearing Reporting) 597.1 0 Veri text Florida Reporting (Depositions & Hearing Reporting) 1,260.60 As to the remaining attorney fees and the fees for experts hired by Defendants: Eric Rahenkamp, a land planner Robert Miller of Miller Appraisal Group Inc., a real estate appraiser; and Richard Klusza and Brian Goding of Klusza and Goding, Inc., real estate appraiser. The court finds as follows: It was reasonable for Defendants' counsel to hire the above appraisal experts to prepare and try their case. The witnesses' work was essential to counsel in the preparation and trial of full compensation. Florida Statute l66.045( I )(b) requires a municipality to obtain at least two appraisals before purchasing any property for more than $500,000.00. The amount in controversy herein was more than Ten Million Dollars. It is therefore obvious that it was not unreasonable for counsel to hire two appraisers. Both appraisers gave preliminary opinions to counsel on the issues of full compensation. One, Robert Miller, testified at trial. The others, Kluzsa & Goding provided a preliminary opinion of full compensation and prepared full reports and prepared to testify at the apportionment trials that had been set and settled. The use of two appraisers was neither excessive nor unreasonable. Page 2 of5 The testimony of Phillip Holden, an experienced real estate appraiser, established that appraisal fees for appraisers of similar experience range from $175 to 225 per hour and both appraisers' hourly fees fall within that range. The Land planner, Rahenkamp's work was also essential to the preparation of Defendants case and contributed to the opinions of the appraisers on both the compensation and apportionment issues. He also testified at the jury trial and he prepared to testify at the apportionment hearing and was deposed twice in this case. Rahenkamp' s fees averaged $140 per hour which is reasonable. Wherefore, it is order and adjudged that the following are reasonable expert fees taxable against Petitioner, City of Sunny Isles Beach. Miller Appraisal Group Inc. ~ 5.ej~ Kluzsa & Goding Inc. 13 (& f ODD, till 4 3'1, ~7r:()1J Rahenkamp Design Group It is further ordered and adjudged that Defendants are entitled to attorney fees for the representation by Brian P. Patchen of the Law Office of Brian P. Patchen P.A. in the apportionment proceedings. The testimony of Dale Bruschi, Esq., a board certified lawyer in city, county and local government law, supports Mr. Patchen's hourly fee of $450.00 per hour and that the time reported, 158 hours, is reasonable for the work required for the two apportionment cases he handled which defended claims of $1,500,000.00 and $3,045,000.00. The Court has considered and applied the standards set forth in Florida Statue 73.092 (2) and Rule 4-1.5 of the Rule of Professional Conduct. It is, therefore, ordered and adjudged that reasonable attorney fee is as follows: Law Office of Brian P. Patchen P.A. t 61 ~~(},tJO I Page 3 of5 1 It is further ordered and adjudged tha~he Petitioner, City of Sunny Isles Beach shall pay within 20 days of the order the total sum of / ~3, / ~ 7. ? 7 to the Law Office of Brian P. , Patchen P.A. Trust Account, 1000 Brickell Avenue, Suite 600, Miami, FL 33131. DONE AND ORDERED in Chambers at Mi~i, FJorida, this day of l,Ontormed Copy FEe 1 8 2011 TlwjRMlfN!.afH8~~lliam Thomas, OlirmttCOooft i_ Copies to: All other parties on attached Service List Page 4 of5 , 2011. { John Lukacs, Esq. Attorney for Amazing Flowers Miami, Thee Dollhouse, The Gold Club and Beach House Cabaret Law Offices of John C. Lukacs, P.A. 201 Sevilla Avenue, Suite 305 Coral Gables, FL 33134 Phone: (305) 445-4425 Fax: (305) 445-2210 Email: icl@lukacslaw.com Sidney C. Calloway, Esq. Attorney for Petitioner Shutts & Bowen, LLP 200 East Broward Blvd, Suite 2100 Ft. Lauderdale, FL 33301 Phone: (954) 524-5505 Fax: (954) 888-3063 Email: scalloway@shutts.com S. William Moore, Esq. Attorney for Douglas Wiener Brigham Moore, LLP 3277 E Fruitville Road Sarasota, FL 34237-6410 Phone: (941) 365-3800 Fax: (941) 952-1414 email: sgebhardt@brighammoore.com Hans Ottin!}t, Esq. City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Phone: (305) 792-1702 Fax: (305) 792-1562 email: hottinot@sibfl.net J. Wiley Hicks, Esq. Attorney for Meyer B. Marks and Golda N. Marks, Linda J. Marks and Stephen R. Marks Hicks & Schreiber, P.A. 890 S Dixie Hwy. Coral Gables, FL 33146-2603 Phone: (305) 661-6688 Fax: (305) 663-0219 Email: wiley@hicksschreiber.com Page 5 of5 IN THE CIRCUIT COURT OF THE llrHJUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DMSION CASE NO: oq -55 lP33-CA. 2 \ -5u..nn"J Isl-es Beach Plaintiff(s), vs. ORDER GRANTINGIDENYING PLAINTIFF'SIDEFENDANT'S Jt1e..yer B. Mart..s, e+- ClI.J Defendant(s). I J:ehruary J~ '2 tJ Jl :.m +t^)l ~ppr+ Fees and C ~ -A Jfc/ b~J tnt 6-oJd CI ub ,/ nC . on Plaintiff and the Court having heard argument of counsel, and being otherwise advised in the premises, it is hereupon ORDERED AND ADJUDGED that said Motion be, and the same is hereby 11lt. CD lA r+ -And!J -tha+ -the. foJ}lHtJ) nJ 6JCp-e-(+6 ~-ee6 art rea.5(jY)ahk anc) -tCt~aJ:J/.L Q J{/tin6-f f~ Pe..J1 fitJ)1~ U ~ (jf SUnY'\) 1~J.e~ B-cach.) 2err-k } J~.J., M?!JlJcia-l6, / nC. i 22J 75D,07J. Pef,-fj()Y)tr i!; ordered +0 p/JI'l i1?u Vlbave; sum in 8ty'k!f~ ~ ;4.ijJ()(!.,ict/ls,InC. i W (.fhir7 . , IjO J-DY5 of eM -entnj of +he ()(der. DONE AND ORDERED in Chambers at Miami-Dade County, Florida this day of \ 0 +l-L fchrlAQ Y , 2011 {-'d~ CIRCUIT COURT GE Copies furnished to: Counsel of Record ~~~~::~T} Cf:~};-~":;' ,~.., ~ 117.01-554 1/03 IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA SUNNY ISLES BEACH, a political subdivision of the State of Florida, Petitioner, vs. CASE NO.: 09-55633 CA 21 Parcel A MEYER B. MARKS, et aI., Defendants. / ORDER TAXING ATTORNEYS FEES AND COSTS (LEASEHOLD ESTATE - BRIGHAM MOORE) THIS CAUSE coming before the Court on motion to tax fees and costs for supplemental proceedings filed by Brigham Moore, LLP attorneys for Douglas Wiener and Jeffrey Wiener, as Co- Trustees ofthe Amended and Re-Stated Leroy Wiener Revocable Trust, and as and Co-Trustees of the Leroy Wiener Family Trust, and Ron Wiener and Tal Keinan: THE COURT makes the following findings oflaw and fact: 1. That pursuant to Sections 73.091 and 73.092, Fla. Stat. (2010), Brigham Moore, LLP, on behalf of its clients are entitled to the award of reasonable attorneys fee for the supplemental proceedings involving the long-term leasehold estate condemned herein; 2. That the considerations for the Court's award made after full evidentiary hearing and argument are as follows: a. the novelty, difficulty, and importance ofthe apportionment matter involved were significant; b. the skill employed by the Brigham Moore law firm is acknowledged to be at a high degree; c. the amount of money involved, a dispute of over $4,500,000, was great; d. the responsibility incurred by Brigham Moore was significant, and that said responsibility was well-fulfilled; e. the attorneys time and labor reasonably required adequately to represent the client was 139 hours, and is considered in relation to a client benefi~ om,420,090; f. the rate customarily charged for comparable legal services is $ ]~ per hour; g. Brigham Moore, LLP received no part ofthe attorneys fee award made under Section 73.092(1), Fla. Stat. (2010). 3. Accordingly, this Court finds a reasonable attorneys fee for Brigham Moore, LLP in this cause is $ Y fs. 6 S'\) / 4. The Court further finds that Brigham Moore, LLP is entitled to an award of - .... $ ~) 000 . for reasonable costs incurred in the supplemental proceedings herein; 5. The Court orders Petitioner, City of Sunny Isles to pay the total sum of --., - $ ~ 3/ b' D for reasonable attorneys fees and costs to the law firm of Brigham Moore, LLP, 2525 Ponce de Leon Boulevard, Suite #625, Coral Gables, Florida 33134, forthwith, upon entry of this Order. DONE AND ORDERED in Chambers, Miami-Dade etwttorffiwc1t!~py- day of February, 2011. FEB f 8 2011 William L. Thomas HONORAB~'E~'iff~~OMAS CIRCUIT COURT JUDGE Copies furnished to: S. W. Moore, Esquire Sidney e. Calloway, Esquire 2 IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY SUNNY ISLES BEACH, a political subdivision of the State of Florida, GENERAL JURISDICTION DNISION CNIL ACTION NO: 09-55633 CA 23 Petitioner, Parcel A vs. MEYER B. MARKS, et al., Defendants, / FINAL ORDER ON MOTION TO TAX COSTS AND ATTORNEY'S FEES OF DEFENDANTS LINDA J. MARKS AND STEVEN R. MARKS THIS CAUSE having come before the Court upon the Motion to Tax Costs and Attorney's fees of Defendants, LINDA 1. MARKS and STEVEN R. MARKS, and the Court having reviewed the motion, having heard testimony at the apportionment trial, and being otherwise fully advised in the premises, it is thereupon, ORDERED AND ADJUDGED: 1. That Petitioner, the City of Sunny Isles Beach, shall pay the sum of $ CC rJ-5?J. tJt)' for attorney's fees for the hourly time expended by Robert A. Schreiber, Esq., as counsel for Defendants, LINDA J. MARKS and STEVEN R. MARKS, pursuant to Fla. Stat. S 73.092(2). The above sum is for the -Z-1 hours that Mr. Schreiber expended in connection with the apportionment proceedings in this case, at the hourly rate of $ Y-;- tJ, CJO . John Luckas, Esq. Law Offices of John e. Luckas, P.A. 201 Sevilla Avenue, Suite 305 Coral Gables, Florida 33134 Sidney C. Calloway, Esq. Shutts & Bowen, LLP 200 East Broward Boulevard Suite 2100 Ft. Lauderdale, Florida 33301 S. William Moore, Esq. Brigham Moore 3277 E. Fruitville Road Sarasota, Florida 34237-6410 Debra Herman, Esq. Stephen P. Clark Center 111 NW 1 st Street Suite 2810 Miami, Florida 33128 Brian P. Patchen Law Office of Brian P. Patchen, P.A. 1000 Brickell Avenue Suite 1112 Miami, Florida 33131 Hans Ottinot, Esq. 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Jeffrey R. Eisensmith, Esq. Jeffrey R. Eisensmith, P.A. 5561 N. University Drive Coral Springs, Florida 33067 Richard Allen, Esq. 150 West Flagler Street Suite 2000 Miami, Florida 33130 Service List: IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA SUNNY ISLES BEACH, a * political subdivision of the State * of Florida, * GENERAL JURISDICTION DIVISION * Petitioner, * CASE NO. 09-55633-CA-2l vs. * * PARCEL A MEYER B. MARKS, et at, * * Defendants. * / AGREED FINAL ORDER ON DEFENDANT GOLD CLUB'S MOTION TO TAX ATTORNEY'S FEES AND COSTS THIS CAUSE having come before the Court upon the Motion to Tax Attorney's Fees and Costs of Defendant, The Gold Club, Inc., a Florida corporation, ("Defendant") and the Court being advised on the record of the Petitioner City of Sunny Isles Beach and Defendant's settlement of the following claim for attorney's fees and costs, it is thereupon, ORDERED AND ADJUDGED: 1. The Petitioner, City of Sunny Isles Beach, shall pay the sum of $81,684.40, in settlement of the Defendant's claim for attorney's fees and costs in this case. The above sum represents payment of the following claims: A. COURT COSTS: VENDOR INVOICE NO. AMOUNT United Reporting, Inc., Court Reporters 64133 $109.50 United Reporting, Inc., Court Reporters 67068 $95.50 United Reporting, Inc., Court Reporters 71288 $129.50 1 Veritext Florida Reporting Co., Court FL175753 $1,625.80 Reporters Veritext Florida Reporting Co., Court FL175848 $1,503.80 Reporters Veritext Florida Reporting Co., Court FL175852 $328.50 Reporters Black's Copy Service, Trial Exhibits 1019553 $63.40 Veritext Florida Reporting Co., Court FL175847 $1,316.50 Reporters Taylor Janovic White Gendron & Kircher- 49524EJR $127.50 Echarte, Court Reporters Joe Brennan, Process Server, Service of 9-27-2010 $25.00 Process, Trial Subpoena United Reporting, Inc., Court Reporters 72281 $359.40 TOTAL COSTS $5,684.40 B. EXPERT'S FEES: Raul Perez & Associates, ArchitectslPlanners, Inc. $10,0000.00 c. ATTORNEY'S FEES: I John C. Lukacs, P.A. $66,000.00 I 2. The sum of $81,684.40 provided for in ~ 1 above, does not include payment of the expert's fees and costs of Bertelle & Associates, which have been taxed pursuant to separate Order of Court dated February 18,2011. 2 .. 3. Petitioner is ordered to pay the above sum of $81,684.40 to John C. Lukacs, P.A. Trust Account at 201 Sevilla Avenue, Suite 305, Coral Gables, Florida 33134, within twenty (20) days of the date of the entry of this Order. day of February, 2011. DONE AND ORDERED in chambers at Miami-Dade County, Florida this Conformed Copy FEB 2 3 2011 William L. Thomas The Honorable Will~u1f~nl~udge Circuit Court Judge Copies furnished to: All Counsel of Record 3 IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 09-55633CA21 PARCEL A SUNNY ISLES BEACH, a political subdivision of the State of Florida, Petitioner, vs. MEYER B. MARKS, LEROY WIENER, JACK BURS TINER, et al., Defendants. / ORDER AWARDING EXPERT APPRAISAL FEES This cause came on for hearing on the Defendant's Motion for Attorneys Fees on Apportionment and Amended Motion to Tax Expert Fees and Costs filed by BURCO INC., SARIT A WIENER, CO-TRUSTEE OF THE LEROY WIENER F AMIL Y TRUST AND CO- TRUSTEE OF THE LEROY WIENER MARITAL TRUST AND AUSTIN FRYE, ESQUIRE, CO- TRUSTEE OF THE LEROY WIENER F AMIL Y TRUST AND CO-TRUSTEE OF THE LEROY WIENER MARITAL TRUST, and the Court having heard evidence and testimony and argument of Counsel, it is Ordered and Adjudged. The Court has provided by separate Order for all other of Defendants' Motion and hereby Orders the following: A reasonable fee for Defendants' appraiser, Miller Appraisal Group Inc. is as follows: Based upon the evidence and testimony, a reasonable hourly rate for similar services is $190.00 per hour. The time reasonably required to perform is 285 hours. Wherefore it is Ordered Page 1 of3 and Adjudged that a reasonable fee for Miller Appraisal Group, Inc. is $54,150.00 and said sum is taxed against Petitioner, City of Sunny Isles Beach It is further Ordered and Adjudged, That the Internal Revenue Service has served Petitioner with a Notice of Levy in the amount of $28,975.95 against Miller Appraisal Group, Inc. and Petitioner shall satisfy said Levy from the funds awarded herein and pay any remainder as directed herein unless the IRS has provided Petitioner with a full release of the Levy in which case, the full amount of funds awarded shall be paid as directed herein. Wherefore, it is Ordered and Adjudged, That within 20 days of this Order, the Petitioner, City of Sunny Isles Beach shall pay the Levy in the amount of $28,975.95 to the IRS and the balance of$25,174.05 to the Law Office of Brian P. Patchen P.A. Trust Account, 1000 Brickell Avenue, Suite 600, Miami, FL 33131. DONE AND ORDERED in Chambers at Miami, Florida, this _ day of February, 2011. The Honorable William Thomas, Circuit Court Judge Copies to: All other parties on attached Service List Page 2 of3 John Lukacs, Esq. Attorney for Amazing Flowers Miami, Thee Dollhouse, The Gold Club and Beach House Cabaret Law Offices of John C. Lukacs, P.A. 201 Sevilla Avenue, Suite 305 Coral Gables, FL 33134 Phone: (305) 445-4425 Fax: (305) 445-2210 Email: icl@lukacslaw.com Sidney C. Calloway, Esq. Attorney for Petitioner Shutts & Bowen, LLP 200 East Broward Blvd, Suite 2100 Ft. Lauderdale, FL 33301 Phone: (954) 524-5505 Fax: (954) 888-3063 Email: scalloway@shutts.com S. William Moore, Esq. Attorney for Douglas Wiener Brigham Moore, LLP 3277 E Fruitville Road Sarasota, FL 34237-6410 Phone: (941) 365-3800 Fax: (941) 952-1414 email: sgebhardt@brighammoore.com Hans Ottinot, Esq. City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Phone: (305) 792-1702 Fax: (305) 792-1562 email: hottinot@sibflnet J. Wiley Hicks, Esq. Attorney for Meyer B. Marks and Golda N. Marks, Linda J. Marks and Stephen R. Marks Hicks & Schreiber, P.A. 890 S Dixie Hwy. Coral Gables, FL 33146-2603 Phone: (305) 661-6688 Fax: (305) 663-0219 Email: wilev@hicksschreiber.com Page 3 of3