HomeMy WebLinkAboutSEOPW-CRA-R-01-0132SEOPW/CRA ITEM IA
SEOPW/CItA
RESOLUTION NO. 01 - 132
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY ("CRA") APPROVING,
CONFIRMING AND RATIFYING THE AGREEMENT
EXECUTED BY THE EXECUTIVE DIRECTOR, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
BERKOWITZ, DICK, POLLACK & BRANT, CERTIFIED
PUBLIC ACCOUNTANTS, LLP FOR REVIEW OF THE
BOOKS AND RECORDS OF PARK PLACE BY THE. BAY
AND CONSULTING SERVICES PERTAINING TO THE
LEASE AGREEMENT WITH CRUZ DEVELOPMENT AND
ASSOCIATES, LTD., FOR AN AMOUNT NOT TO
EXCEED $6,000 FOR PAYMENT UPON COMPLETION OF
SERVICES.
WHEREAS, the CRA is responsible for carrying out
redevelopment activities and projects in the CRA Redevelopment
Area established pursuant to the CRA Redevelopment Plan; and
WHEREAS, the City of Miami entered into a lease agreement
with Cruz Development & Associates, Ltd. on June 14, 1988, for
property located at 915 North West lot Street; and
WHEREAS, the agreement was later transferred to the
Community Redevelopment Agency; and
SEOPW/CRA
01- 132
WHEREAS, Park Place Associates, LLC has tendered an offer
to purchase the CRA's interest in the property; and
WHEREAS, the CRA and the City of Miami wish to consider the
issues of deferred rent, outstanding financial reports and other
issues relating to the offer.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are incorporated herein as if fully
set forth in this Section.
Section 2. The CRA Board of Directors approves,
confirms and ratifies the agreement executed by the Executive
Director, in a form acceptable to the City Attorney, with
Berkowitz, Dick, Pollack & Brant, Certified Public Accountants,
LLP for review of the books and records of Park Place By the Bay
and consulting services pertaining to the Lease Agreement with
Cruz Development & Associates, Ltd.
SF,®PW / CRA
Page 2 of 3 01 13
04
Section 3. The Board authorizes an amount not to exceed
$6,000 for payment upon completion of services.
Section 4.
adoption.
The Resolution shall be effective upon its
PASSED AND ADOPTED on this 11th day of December, 2001.
ARTHUR E. TEELE, JR., CHAIRMAN
ATTEST:
WALTER J. FOEMAN
ACTING CITY CLERK
APPROVED AS,,O ,FORM AND CORRECTNESS:
LLO
ORNEY
Page 3 of 3 0 1- 132
I
SEOPW AND OMNI/CRA
CITY CLERK'S REPORT
MEETING DATE: December 11, 2001
Page No. 1
ITEM IA A RESOLUTION OF THE BOARD OF DIRECTORS
SEOPW/CRA R-132
OF THE SOUTHEAST OVERTOWN/PARK WEST
MOVED: WINTON
COMMUNITY REDEVELOPMENT AGENCY
SECONDED: SANCHEZ
("CRA"), RATIFYING THE ACTIONS OF THE
UNANIMOUS
EXECUTIVE DIRECTOR RELATED TO THE
ENGAGING OF THE CPA FIRM OF BERKOWITZ
DICK POLLACK & BRYANT TO REVIEW THE
BOOKS AND RECORDS OF PARK PLACE BY THE
BAY RELATED TO LEASED PROPERTY LOCATED
AT 915 N.W. 1IT STREET FOR AN AMOUNT NOT
TO EXCEED $6,000.
ITEM 113 A RESOLU ON OF THE BOARD OF DIRECTORS
SEOPW/CRA R-01-133
OF THE SO HEAST OVERTOWN/PARK WEST
MOVED: WINTON
COMMUNITY REDEVELOPMENT AGENCY
SECONDED: REGALADO
("CRA") RATIF G THE ACTIONS OF THE
UNANIMOUS
EXECUTIVE DI CTOR RELATED TO THE
ENGAGEMENT OFWE FIRM OF J.B. ALHALE &
ASSOCIATES TO DATE THE APPRAISAL
REPORT ISSUED IN BRUARY OF 2001 FOR
LEASED PROPERTY LO ATED AT 915 N.W. 1IT
STREET IN AN AMOUNT QT TO EXCEED $7,500.
SEC3PW / CRA
01- 1.32
ITEM lA
December 11, 2001
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY ("CRA") RATIFYING THE
ACTIONS OF THE EXECUTIVE DIRECTOR RELATED TO
THE ENGAGING OF THE CPA FIRM OF BERKOWITZ DICK
POLLACK & BRANT TO REVIEW THE BOOKS AND
RECORDS OF PARK PLACE BY THE BAY RELATED TO
LEASED PROPERTY LOCATED AT 915 N.W. 1IT STREET
FOR AN AMOUNT NOT TO EXCEED $6,000.
WHEREAS, the CRA is responsible for carrying out redevelopment activities and
projects in the Southeast Overtown/Park West Community Redevelopment Area established
pursuant to the CRA Redevelopment Plan; and
WHEREAS, the City of Miami entered into a lease agreement with Cruz Development
and Associates Limited on June 14, 1988 for property located at 915 NW 1st Street; and
WHEREAS, rights to said agreement was later transferred to the Community
Redevelopment Agency; and
WHEREAS, Park Place Associates, LLC has tendered an offer to purchase the CRA's
interests; and
WHEREAS, the CRA and the City of Miami wishes to exercise its due diligence in
considering the matters of `deferred' rent, un-filed reports and others as it relates to the offer.
NOW, THEREFORE, BE IT kESOLVED BY THE BOARD OF DIRECTORS OF THE
SOUTHEAST OVERTOWN PARKWEST COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
incorporated herein as if fully set forth in this Section.
Section 2. At the CRA Board meeting of September 24th, 2001 the Executive
Director was authorized on an emergency basis to engage consultants necessary to expedite
auditing services and an update of the existing appraisal report, initial estimates for each service
were within the Executive Director's spending limits however final costs exceeds $4,500.
Section 3. This resolution shall be effective immediately upon its adoption.
PASSED AND ADOPTED this 1 l ch day of December, 2001.
Arthur E. Teele, Jr., Chairman
SEOPW/CRA
. ? 4
N
M
ITEM 1A
Walter J. Foeman
City Clerk
APPROVED AS TO FORM
AND CORRECTNESS:
Alejandro Vilarello
City Attorney
December 11, 2001
SEOPW / CRA
CITY OF MIAMI, FLORIDA N1100y0
INTER -OFFICE MEMORANDUM ITEM 1A
December 11, 2001
TO: Chairman Teele and DATE: December 11, 2001
FILE:
Members of the CRA Board
SUBJECT: Engagement of CPA firm of
Berkowitz Dick Pollack & Brant
FROM: REFERENC4r audit related services relating to
Park Place
Annette E. Lewis ENCLOSURES:
Acting Executive Director Resolution
RECOMMENDATION
It is recommended that the Board of Directors of the Southeast Overtown/Park West Community
Redevelopment Agency approve the attached Resolution to engage the services of Berkowitz
Dick Pollack & Brant for the purpose of reviewing the books and records of Park Place by the
Bay and consulting services as it relates to deferred rent in the lease agreement.
BACKGROUND
Park Place by the Bay has expressed an interest in purchasing the CRA's interest in the property
located at 915 NW 1st Street. In considering the offer the CRA has determined that it is in the
best interest to perform due diligence as it relates to outstanding issues surrounding the lease
with Cruz Development and Associates Ltd., and the actual offer tendered.
Funding Source: SEOPW General Operating
Account Number: 689004.550011.6.270
SEOPW/CRA-
;CBERKOWITR
�z DICK PO LA ACCOUNTANTS,PUBLIC & BRAN
ETIFIE
ONE SOUTHEAST THIRD AVENUE
FIFTEENTH FLOOR
MIAMI, FLORIDA 33131
305-379-7000
FAx: 305-379-8200
800-999- 1 272
GARY E. ROSENTHAL, CPA- PA.
October 19, 2001
Ms. Annette Lewis
Community Redevelopment Agency
300 Biscayne Boulevard Way
Suite 430
Miami, Florida 33131
Dear Ms. Lewis:
This is an agreement between Berkowitz Dick Pollack & Brant, LLP, (hereinafter referred to as
the Firm) and Community Redevelopment Agency doing business at 300 Biscayne Boulevard Way,
Suite 430, Miami, Florida, 33131, (hereinafter referred to as the Client).
It is agreed as follows:
1. The Firm will provide consulting services as requested by the Community Redevelopment
Agency ("CRA") as they r*.e, to the lease between the CRA and Cruz Development &
Associates, Ltd.
Our services will include review of certain documents, as requested by us, for the purpose of
aiding you in the determination of whether additional agreed upon procedures are required to
be performed. A report will be issued indicating the results of our findings. The amount of
time needed to complete the document review and prepare such report will depend on the
timing and volume of documents received. If it is determined that such additional agreed upon
procedures are warranted, such procedures will be covered under a separate engagement.
2. This Agreement will remain in force until canceled by either party. It is recognized by the
parties that outside the terms of the Agreement, the Firm is available to provide other services
upon request by the Client. Such services shall be provided under the same terms and
conditions as those covered by this Agreement unless documented by a separate Agreement.
3. With respect to financial, statistical and personnel data relating to the services provided which
are confidential and which are submitted to or obtained by the Firm in order to carry out the
Agreement, the Firm will instruct its personnel to keep such information confidential to the
extent provided by law.
The working papers prepared in conjunction with our work are the property of our Firm, and
will be retained by us in accordance with our policies and procedures. However, due to
Government in the Sunshine, these records pursuant to section 119.011(1) F.S. are public
record and therefore will be made available upon request. '
MEMBERS, AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS / SEC PRACTICE SECTION - FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS
Ms. Annette Lewis
Community Redevelopment Agency
October 19, 2001
Page 2
4. You will advise us, with sufficient notice, of any additional work to be performed by us. Should
information become known that would make our continued involvement in this engagement _
-inappropriate or should any party involved change, we reserve the right to withdraw from this
engagement.
5. You have read and agree to the Fees, Billing Policy and Other Terms and Conditions as
specified in Exhibit A.
This agreement contains all the understandings between the parties and supersedes all prior
offers, negotiations and agreements relating to the subject matter hereof.
If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions shall nevertheless continue in full force without being
impaired or invalidated in any way, unless such partial invalidity materially affects the intent of the
parties.
Please indicate your agreement with the contents of this letter and Exhibit A dated October 19,
2001 by signing this letter and returning it to us. We have enclosed an extra copy of this letter and
Exhibit A for your records.
In the event you have any questions or comments, please contact me.
Very truly yours, 12
G Rosenthal
F r The Firm
BDPB: Ire
Enclosure
ACCEP AGREED:
Vi arello Date
ami City Attorney
Community Redevelopment Agency
((-)- kq-o
Date
SF
Opw/CRA
cc: William R. Bloom, Esquire
Exhibit A
Berkowitz Dick Pollack & Brant
Fees, Billing Policy and Other Terms and Conditions
October 19, 2001
Fees for this engagement will be based on the time spent by various members of the Firm's staff at -
regular -professional rates in effect at the time services are rendered. These hourly rates are currently as
follows:
Director (Gary E. Rosenthal) $275
Managers $215
Supervisors $150 - $175
Seniors $130 - $150
Staff $ 95 - $120
All services and expenses will be billed monthly and shall be payable within thirty (30) days of receipt
of such billing. In the absence of our receipt of a written objection to any invoice within thirty (30) days of
the date it is rendered, you will be deemed to have accepted and acknowledged, as correct, the services
rendered as described in the invoice and the value thereof.
In the event it is necessary for us to incur attorney's fees and costs to collect outstanding fees,
Community Redevelopment Agency agrees to pay such fees and costs of collection.
In accordance with our firm policies, work may be suspended if your account becomes 15 days
overdue and will not be resumed until your account is paid in full. We reserve the right to charge interest at
the rate of twelve percedt (12%) per annum on any past due amount and/or cease all work until paid and/or
withdraw from this engagement. If we elect to terminate our services for nonpayment, our engagement will
be deemed to have been completed len if we have not completed our report. You will be obligated to
compensate us for all time expended and to reimburse us for all out-of-pocket expenditures through the date
of termination. Further, we will not be responsible for any losses incurred due to such stoppage or
withdrawal.
It is agreed that with the execution of this agreement, a Four Thousand Five Hundred Dollar 00/100
($4,500.00) retainer will be paid to the Firm and applied against the final billing for services rendered.
Parties to this engagement agree that any dispute that may arise regarding the meaning,
performance, or enforcement of this engagement will, prior to resorting to litigation, be submitted to
mediation upon the written request of any party to the engagement. All mediations initiated as a result of
this engagement shall be administered by the American Arbitration Association (AAA) and in accordance
with the "Mediation Rules for Professional Accounting and Related Disputes" as then adopted by the AAA.
The results of this mediation shall be binding only upon agreement of each party to be bound. Costs of any
mediation proceeding shall be shared equally by both parties.
Except to the extent finally determined to have resulted from the Finn's gross negligence or willful
misconduct: (1) the Firm's maximum liability to the Client for any reason, including the Firm's negligence,
relating to the services under this letter shall be limited to the fees paid to the Firm for the services or work
product giving rise to liability and (2) the Client will indemnify and hold harmless the Firm and its personnel
from any claims, liabilities, costs and expenses arising for any reason, including the Firm's negligence,
relating to the services under this letter.
SEOPW / CR A
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