The URL can be used to link to this page

Home My WebLink AboutR-99-0887J-99-975 11/9/99 6 �i RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN ADDITIONAL PAYMENT TO THE LAW FIRM OF TEW CARDENAS REBAK KELLOGG LEHMAN DEMARIA AND TAGUE, L.L.P., FOR SERVICES PROVIDED TO THE CITY OF MIAMI IN CONNECTION WITH THE LAWSUIT, MIAMI-DADE COUNTY VS. BRICKELL POINT, LTD., BCOM-BP, INC., BCOM-OP, INC., COLONIAL BANK, AND .THE CITY OF MIAMI, ELEVENTH JUDICIAL CIRCUIT COURT, CASE NO. 99-04219, CONCERNING THE PROPERTY LOCATED AT 401 BRICKELL AVENUE, MIAMI, FLORIDA, COMMONLY KNOWN AS THE "MIAMI CIRCLE," WITH FEES FOR SAID SERVICES IN AN AMOUNT NOT TO EXCEED AN ADDITIONAL $27,779; ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. WHEREAS, on February 19, 1999, Miami -Dade County •filed a "Petition in County Eminent Domain Proceedings and Complaint for Permanent Injunction" against Brickell Point, Ltd., BOOM -BP, Inc., BCOM-OP, INC., Colonial Bank, and the City of Miami, in the Eleventh Judicial Circuit Court, Case No. 99-04219, concerning the property located along the mouth of the Miami River, 401 Brickell Avenue, Miami, Florida, commonly known as the Miami Circle; and WHEREAS, on February 23, 1999, the City Commission adopted Resolution No. 99-150, authorizing the City Attorney to retain v�TTAC 1r"AI"A7 (S/ I CITY CONXISSION MEETING OF h6swuhun 110. 9 the law firm of Tew Cardenas, et al., to Co -counsel with the City Attorney to defend the City in the subject litigation, and authorized an amount of $25,000 for said representation; and WHEREAS, the law firm of Tew Cardenas, et al., and the office of the City Attorney did vigorously and successfully defend the City's interests in all pre-trial proceedings and hearings; and WHEREAS, the Circuit Court entered an order voluntarily dismissing the City of Miami from Count II of the County's Complaint, which alleged that the City had improperly issued a building permit to the proposed developer of the "Miami Circle" site; and WHEREAS, as the result of having prevailed on Count II the City sought and the Circuit Court ordered on September 9, 1999 Miami -Dade County had to pay damages to the City of Miami as a result of a wrongfully issued preliminary injunction; and WHEREAS, on November 4, 1999, the Honorable Fredricka Smith, Circuit Court Judge, ordered Miami -Dade County to pay the City damages in the total amount of $31,000; and WHEREAS, an unpaid balance of $27,779, is currently due to the law firm of Tew Cardenas, et al., for its services in the - 2 - sq- 887 subject litigation; and WHEREAS, the City Attorney has reviewed all. relevant invoices and documents in this matter and recommends the aforementioned additional sum be paid; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The law firm of Tew Cardenas Rebak Kellogg Lehman DeMaria and Tague, L.L.P. which was engaged to provide legal services to the City of Miami in connection with the lawsuit Miami -Dade County vs. Brickell Point, Ltd., BOOM -BP, Inc., BcoM-OP, Inc., Colonial Bank, and the City of Miami, Eleventh Judicial Circuit Court, Case No. 99-04219, concerning the property located at 401 Brickell Avenue, Miami, Florida, commonly known as the Miami Circle, is hereby authorized, an additional amount, not to exceed $27,779, with funds therefor hereby allocated from the Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.652.. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!' PASSED AND ADOPTED this 16th day of November, 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place p ,ovided, saki legislation now becomes effective with the elapse of ten (10) days from the date of Commission action regarding same, without the Mayor ex rcisi ATTEST: Wa er J. F , City Clerk WALTER J. FOEMAN CITY CLERK RRECTNESS:t� VILARELLO W3A6:JEM:RCL If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it Was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. J-99-241 2/23/99 RESOLUTION NO. 0 9 — U A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE FIRM OF TEW CARDENAS REBAK KELLOGG LEHMAN DeMARIA AND TAGUE, L.L.P. TO PROVIDE LEGAL SERVICES TO THE CITY OF.MIAMI IN CONNECTION WITH THE LAWSUIT, MIAMI-DADE COUNTY VS. BRICKELL POINT, LTD., BCOM-BP, INC., BCOM- OP, INC-, COLONIAL BANK, AND THE CITY OF MIAMI, ELEVENTH JUDICIAL CIRCUIT COURT, CASE N0. 99-04219, CONCERNING THE PROPERTY LOCATED AT 401 BRICKETT, AVENUE, MIAMI, FLOF iJT., COMMONLY KNOWN AS THE MIAMl CIRCLE, WITH FEES FOR SAID SERVICES IN AN AMOUNT NOT TO EXCEED $25,000; ALLOCATING FUNDS THEREFOR FROM ACCOTT-r CODE NO. 920205-270; FURTHER, DIRECI,1..,. ATTORNEY TO TAKE ANY AND ALL AD!, = I ONAL LEGAL ACTION NECESSARY TO PROTEC. AND DEFEND ""' INTERESTS OF THE CITY OF MIADu, INCLUDING BUT NOT LIMITED TO ANY NOTICE PROVISIONS AUTHORIZED BY LAW. WHEREAS on Februar1 19, 1999, Miami -Dade County filed a "Petition in County Eminent Domain • -:ceedings and Complaint for Permanent Injunction" against Brickell Point, Ltd., BCOM-BP, Inc., BCOM-OP, INC., Colonial Bank, and the City of Miami,.=- the Eleventh Judicial Circuit Court, Case No. 99-04219, concerning g the property .located alongthe mouth of the Miami River, 401 Brickell Avenue, Miami, Florida, commonly .known as the Miami Circ1 e; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY C= Cor bM%1"=G of FEB Z 3 1999 ROMIUum Ift cl _QJ V - U n OF MIAMI, FLORIDA; Section 1. The City Attorneys engagement of Tew Cardenas Rebak Kellogg Lehman DeMaria and Tague, L.L.P. to provide legal services to the City of Miami in connection with the lawsuit Miami -Dade County vs. Bri ckell Point, Ltd . , BOOM -BP, Inc., BCOM-OP, Inc., Colonial Bank, and the City of Miami, Eleventh Judicial Circuit girt, Case No. 99-04219, concerning the property located at 401 Bti.c,.e_jl Avenue, Miami, i-lorida, commonly known as the Miami Circle, is hereby authorized, in an amount not to exceed -i,000, with fIL. therefor hereby alloca, • From Account No. _,u205-770, for Baia servi -• Section 2. "'" r, * Attornt;r L„ .,Cr'eUy directed to ta:.t. any anc all additional lega' action necessary to protect and defend r ir:-erpsts of the City of Miami, including 'ut not limited to any notice provisions authorized by law. , Section 3. This Resolution shall become effective - 2 - 09-- 03Y Cr 4:1 •�_ o; . immediately upon its adoption and'signature of the Mayor.1/ PASSED AND ADOPTED this 23rd %-41 i %-jiZxA1 AP. ?OVED ;T;9�--FOI?M"AI� y RO VILARELLO TY ATTORNEY W3295:ESS of Feb art' , 1999. , MAYOR 1/ If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was If the Mayor vetoes immediately upon overridthis Resolution, it shall a becomendeff�tive e of the veto by the City Commission. �9- 887 - 3 - IN TRF, CIRCUIT COURT OF THE, I ITH JIIDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 99-04219 CA 32 MIAMI-DADE COUN'rY, a political subdivision of the State of Florida, Plaintiff, -vs- BRICKELI, POINT LTD., et al., Defendants. QRnS TO' , C11'YnF MIA VL11 THIS MATTER came before the Court on November 4, 1999, on the Defendant City of Miami's (°City") Motion for l3amages occasioned as a result ofa wrongFully issued preliminary injunction. Upon agreement by the City and Plaintiff Miami -Dade County ("County"), the initial issue before this Court was whether the City is entitled to damages. On September 9, 1999, this Court entered an Order holding that the City was entitled to damages. The instant motion is limited to the amount of damages to be awarded to the City. The Court, having reviewed the pleadings, the motion, memoranda of law, having heard argument of counsel and noting that the County has no evidence contradicting the amount sought by the City, it is hereby ORDI'MED AND ADJUDGED that the City is entitled to damages occasioned as a result of the wrongfully issued iniunction. The City of Miami shall recover from Plaintiff, Miami -bade 30555-004 223708 r 887 990-d BO/ZO'd 990-1 9l119B4906+ NY634 SYN3"Y0 A31-ilOdl OWE 8840-AON r a1 wil MIAMI-DADE COUN'I'y V. RRICKF,LL POINT LTD., et al., CASE NO. 99-04219 CA 32 Page 2 County the total sum of $31,000.00, comprised or$25,000.00 for attorneys' fees, and $6,000.00 for oos1.51 pe. yet, IV(2 i-- 1- C L 4-1 e4 MV C.-e" -�crw µ,tin: 4, � v r►, [ � �- �-acc.�+,crn DOW AND ORDERED in Chambers, at Miami -Dade County, Florida, this /L day of November, 1999. HONQRABL!s !'RJ,1 RlCKA SMITH Circuit Judge Copies furnished to: Madas R. Dorta. Esq. Thomas Goldstein, Esq./Robert A. Ginsburg, Esq. Toby Prince'Brigham, Esq./Amy Brigham Boulris, Esq. Michael N. Kreitzer, Esq./Patrick E. Gonya, Esq, Stanley B. Price, Esq.Nicky Garcia -Toledo, );'sq. Lee Weintraub, Esq. Alan Eichenbaum, Esq Howard S. Susskind, Esq. 30555-Dos 223703.1 990-1 90/901d 990-1 91119e990e+ 09- 88 NV938 SYN308Y3 M31-I1081 HV?V:01 8840-AU CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORAND. M TO: Mayor and Members of the Ci G FROM: Alejandro Vilarello, City to y DATE: November 9, 1999 O� RE: Legal Expenses; i&41ia ircle" case; Tew Cardenas, et al. Resolution No. 99-150; se No. 99-04219 CA 32 �3 On February 19, 1999, Miami -Dade County filed a "Petition in County Eminent Domain Proceedings and Complaint for Permanent Injunction" against the City of Miami, the developers ,and others, in the Eleventh Judicial Circuit Court, Case No. 99-04219, concerning the property located along the mouth of the Miami River, 401 Brickell Avenue, Miami, Florida, commonly known as the Miami Circle, and subsequently persuaded the Circuit Court to enter a Temporary Injunction against the City. On February 23, 1999, the County Commission adopted Resolution No. 99-150 authorizing the City Attorney to engage the firm of Tew Cardenas Rebak Kellogg Lehman DeMaria and Tague, L.L.P. to provide legal services to the City of Miami in connection with the lawsuit. Judge Fredricka Smith entered an Order September 9, 1999 finding that the City was entitled to damages from Miami -Dade County as a result from having wrongfully enjoined the City in this matter, and on November 4, 1999, awarded the City damages in the amount of $31,000. Tew Cardenas' total billings of attorney's fees and costs to the City for the successful representation in this matter is $51,537.63, of which $23,310.53 has been paid pursuant to Resolution No. 99-150. The City has received a credit in the amount of $448.10. The adjusted balance due to the firm is $27,779, which is more than off -set by the damages awarded to the City by the Court on November 1, 1999. I have received detailed invoices for the subject legal services, and recommend payment of the same. A Resolution for your approval is attached hereto, for consideration at the Commission Meeting of November 16, 1999. Attachments c: Donald H. Warshaw, City Manager Walter Foeman, City Clerk v( '— 00r(