Loading...
HomeMy WebLinkAboutR-85-0526J-85=527 5/23/85 RESOLUTION NO. A R98OLUTION AUTHORIZING AND APPROVING THE STIPULATION ON BEHALF OF THE CITY IN CIRCUIT COURT CASE NO. 77-24730, THE EMINENT DOMAIN PROCEEDINGS AGAINST THE FLORIDA EAST COAST RAILWAY COMPANY, WHEREBY THE CITY SHALL PAY THE SUM OF $700,000 TO THE LAW FIRM OF SHUTTS AND BOWEN, THE SUM OF $600,000 TO THE LAW FIRM OF BRIGHAM, MOORE, MUIR, GAYLORD, SCHUSTER AND SACHS, AND THE SUM OF $282,000 TO THE FLORIDA EAST COAST RAILWAY COMPANY, ALL IN SUBSTANTIAL ACCORDANCE WITH THE PROVISIONS SET FORTH IN THE ATTACHED PROPOSED CONSENT SUPPLEMENTAL FINAL JUDGMENT AWARDING COSTS AND ATTORNEYS' FEES AS TO THE DEFENDANT, FLORIDA EAST COAST RAILWAY COMPANY. SB IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Commission hereby authorizes and approves the stipulation on behalf of the City in Circuit Court Case No. 77-24730, the eminent domain proceedings against the Florida East Coast Railway Company, whereby the City shall pay the sum of $700,000 to the law firm of Shutts and Bowen, the sum of $600,000 to the law firm of Brigham, Moore, Muir, Gaylord, Schuster and Sachs, and the sum of $282,000 to the Florida East Coast Railway Company, all in substantial accordance with the provisions set forth in the attached proposed CONSENT SUPPLE- MENTAL FINAL JUDGMENT AWARDING COSTS AND ATTORNEYS' FEES AS TO THE DEFENDANT, FLORIDA EAST COAST RAILWAY COMPANY. PASSED AND ADOPTED this 23rd day of MAY , 1985. MAURICE A. FERRE MAURICE A. FERRE MAYOR ATTEST: RA H G. ONGIE �+l� COMPTIis7"(5, CITY CLERK00 I j� 7 0 F� fo THR ti011 MI',MI�ER5 F CITY OF MIAMI. FLORIOA IN-tFR-OFFICE MEMORANDUM kiLE DATE MAY 21 , 1985 F NfAYOY MAURICE COMMISSIONECIRRF AND }iP,T� SETTLEMENT OF ATTORNEYS FEES FOR FE C ACQUISITION "EEERENCES ENCLOSURES XtiCIA A. noUGli ATT011T1FY round of the acquisition of thefee case. I will plp;� se rind ,eri y sand t hP s tfxtus lof background the °recommendation of the t;he 1 T'r pr } ntt inlii.vidua11Y a possible }�A cii^�,tsnlnp with y- ree°mmendations. concerning Ci t,�' n p"�' i IAl rounse] rind my ttorney fee case• sei;tl.ement of t;l>>n ait must be indicated Ir yl,tl a�rPp t;o sPtt�lemetlt; in this muter, since the trial on t:he Thur9ciay, may ?�, 1qR' commission meeting by May ?_ 1985 this i3sue will be 'Cuesday, T,AT) . kt 6.06 rLOYD PEARSON RICHMAN GREER WEIL ZACK b BRUMBAUGH Art -r -I AT In r1 pnjaknt L.rl,o0 nnnr n+ rrlF r.F II r_— nA. u, bFi+nepy nr•,M 6e r.rFr vS ONE I315CAYNE TOWER rFnAlh r nlruutrl halt: err Inn -- TWtNTV-F'IETH FLOOR t!erl n rnrrr: trr..+ �n• rrrr r. rrrinrtl+ ,+.w'Frl ... r+rl r r-;rn—, r nr MIAMI, hLORIDA 33131-186A cYr ru r.l rl :trr r.rhr.A W;r r.r pgfnr F AI.M1r1 tnrF ARrA CODE 305 ekn]uA rltrnr Irr ':An• a nrrFllcr• A Irnrw .� runen�•^ [•rout v..Ar•yrn rnYpFrl �i (j TELEr'rrONE 377-024I e. rtrllFl r.-rlrt 1`i c�i ' %� ? '� MnOWAn[l 523-4297 rrFnUM1n r.,Ia�r,.+t.+t�ln r utnLFS a ...•rut^..y llOtlF)1"aiil �' Ma111" i (`(? FC't'f"+', Mr7yrlr linnnr. ah l e Vic— Mayor iiF,nct .1hsq i r•npr 11nnc:jraltlr• ,1. i_ t'lurntn�r, r,'nmrni�sic�rl�r Iltltlr)1'ail I n M i 1 1 o t- I1aw� i ttr: , c'r+rtlln i �: , t r,ttc'r Il(7tlr)t )Itln r?t.r�jr, }�F?Yr'1 Cci, t'i ty Man:Icjor I Miami v. FTC Gentlemen: ()n Tuesday, May 28, 1985 at_ Q-10 we approach one of the final stages in (:he C'i ty's 14 ygar struggle to acquire 1;he P & n I)ocks - tIIp f i tta 1 heari nc} on at-.trlrneys fees and costs. For those of you wh() have not been involved in the long and ultimately succossf.ul battle to acquire this unique and extremely important last 32 acre parcel of prime, downtown Biscayne Bay frontage, a short resume of the background is essential to proper understanding of the magnitude and importance of these final stages. From 1971 until 1977 the City's efforts to obtain this property met with repeated failure. The FEC was determined to spare no effort, expense, political clout or otherwise to hold on to this valuable gateway property. At every turn the City's equally valiant efforts met with disaster. Finally in late 1977 the City began anew and through the great courage of the incumbent City fathers determined to file a "quick take" proceeding to obtain the land before a it was too .late. The "quick take" procedure requires a government agency to take a piece of property as of a certain date without knowing what a jury will decide the value to be as of that date of taking. Pursuant to the statute it was necessary to go through two complete and arduous trials. First, because of FEC's determination to keep this land and because FEC had f1t+11n1-:tll +r`l:,�Ir �r, I rat t r• tllyr,t' 11r�rtr,I 31,1 n lr,r t' err, l I r� r 1 C'r' I1ayr,r' flrnnI,ra I I /, I,ntfif� (. t- j +, j'r, t-t�; r ('nrTIM i s C 1 r " t I - t IIntlr,raI,I n I . I•. I' 1 uimnr'1-, Comin1 FS 1 (-)It(Ir 11rnrrahln Mi I I Hawking:, r'r,mrnissit,tip r 11t`Tlr,t'ah1r, CntCljt, j`nrr'iT-a, r'it:y ManauPr _ May 22 , 1 118 ha(IP 2. tGr�l.f certain powPt:s of cc,ndernnat:i.c,r7 as a railroad, the C1.1,y had kc, convi ncr, 111r. Courts that 1) there was a neCt?ssity fr)t: the takin(-1 and 2) ghat the land was not tnecessary fr)r the succrs,fuI rat-i.on of the railroad. Many other affirmative dofensos were raised. But to cut the matt_nr short-, of ter a difficult eight day trial the City finally prevailed - not: c,rlly at the trial level on April 2, 1978 but through all. the Florida Appellate Courts. That was only the beginning but, of course, the most vital. part. Thereafter, pursuant to a mutually beneficial stipulation, the City deposited $14,500,000 into an escrow fund with provisions that until the trial on valuation was concluded that sum would bear interest to be credited to the City's favor. Fortunately interest rates sky rocketed and by the end of the seven day trial on valuation the City's deposit had grown to in excess of $19,000,000. At the time the City determined to take the P & O property its own appraisers estimated that the land was worth hetwonn $20,000,000 - $25,000,000. At the trial, the City's appraiser's testified to values between $8,000,000 and $12,000,000, while FEC's highest appraisers placed the proporty's worth at $30,000,000 to $33,000,000. The jury returner] a verdict of $23,300,000 (or $16.75 a square foot for. 1,404,000 square foot). Today the land is worth between $100 and $200 a square foot or several hundred million dollars. With that background, pressing prohlems since the begin the trial next Tuesday. we return to the present and Court has indicated it will FEC attorneys contend that to date they have expended 5200 hours in this matter. They are asking for a V fee of $2,500,000 plus $282,000 in costs. Up t.r) pr-p-eilt Limo, berth the City and FEC have spent hr?tw,-on 300 and 400 additional hours taking discsovery and deprrsinrl oat-h (,thor's oxports as I.() feos. Another 100 hours wi 1 1 I,P r r�rlu i rr'rl by r�rlch side hr-l_.wec�rr now and the four clay schodu I (,(I I_ r- i a I hocl i nll i nq TLIPSday , May 28, 1985 to hr. eperrrr i ae c; t 1 . FEC wi 1. 1 present trl 1.11P ('out-t t:hP following experts wilosr? practice is confined to representing owners: FLOYD PEARSON RICHMAN GREER WEIL ZACK & BRUMBAUGH 85-526_.. -y Pt70PESSIONAL ASSOCIATION Honor -able Maur. i - Ferr.e, Mayor llonorahl e ,Tofu Car.011 0, vice Mayor Honorable Demetrio Perez, Commissioner Honorable. 3. i_,. Plummer, Commissioner Honorable Mi.11er Dawkins, Commissioner Honorable Sergio Pereira, City Manager May 22, 1985 page 3 Leon Black, It. who will tesstify that F>C'A attorneys services are worth $2,500,000. Dave Forr.est-er will testify that their services are worth between $2,100,000 and $2,600,000. William Er.l.e will testify that their services are worth $2,400,000 - $2,900,000. Dii ,t'it hthPr. hand, our three experts are: a) Arnold Weiner, City of. Miami Beach attorney and former attorney for the federal government, who worth will testify that these same services are between $F150,(100 to $950,000. })) Ross Stantr,n, of Fowler and White who also the re},re,,,rtt., „wnr�r.,, opinion as to value of of $850 to attor.nnys free, is i.n tIio range c) Charl�'s Stratt�,n, att:or.nny f.or. the Department value of )'ranch�trt, tI-if,n, wi 1.1 t_(�st:i fy t.hit the i.s $750,000 of F1,, c; attr>rnPy, sor.vic ns $gg0,(10 There ar.n a nunther c_,f i S,trr:�S of f i r,t impress i r)n. Ftor ida Patients ParlActilar-ly ,iw1ificant (-,t,P lO Ff,la 249 (FI.S.C't ease CornT)ensatiun Funll_v. Lena )?owe, 1gf13) whir-lt �ti,i�l.ic's a n(�w fr,rmula fr)1` thl? No. 64,4�,", M11ay 2, �)f whal. i, t r-(,aGonahl� fr,,, unrint attr,r.ney fPe r1P►.r�rminal.ir�n Statutes. ;irtc e Rowt, invr)Ivr', mal_i•r-aI- icr', I.o what extent_ rlr,ma i tt q""t:P_ is this ca,c� ai,i>1 ice, I:,;. Lhr' 1'r"oroltt Pin nonl- I,yllal', cr,urt, and eventually, yPt: to l,n (l�tfrmin�l the F 1 Tn t.h� pvAnt the FEC is tc) thPrn for Sucr-eS,fn1 wwill ariain he rospon,ihl f ee , for th reo ��i,itc'�� I s (t.he i r. G and ad(,i t i.r�na I ours) plrr, an(�ys interest_ of 1'>_% from the date judgment i.s entered. 'I'llcost ref experts, the t.r. i:tl r)f: attorneys fees e issues and costs, thr? suhse(.luPnI- Appel Late procedures plus claims for a(lditi.onal appP} lat.P attorneys fees and interest are estimated to run between $300,000 ilt'd $500,000. In view of our own experts' opinions and the subsequent procedures even in the event of the City's complete victory at the FLOYD PEARSON RICHMAN GREER WEIL ZACK & BRUMBAUGH 85-52C.... PROFESSIONAL ASSOCIATION — Honor ah1 c� Mach , Terre, Mayor - ilcillc�rahl e ,lc,c_ Car-ollo ViceMa or - _ - -io Perez, Ilonorahle D�mett Commissioner - llonc,rahle ,1 • T,. Plummer, Commissioner Ilnnorahlr Miller Dawkins, Commissioner 1lonnra111 r Sir,r(lio Pereira, City Manager May 22, 1 g1t5 pa tie 4 t:t-ia1 level, that, thorn may ho a l)ossihil.i.ty t-ho of Ci t:y will settlement pay in the ref thi ►nat tPr at- a cnst 1,,Gs 1.hc_n 'Phis hi l i t y wi 1 1 terminate on May 23, vossi event 1.913 ; a t_ Ihn c-onc-1 11, i fill c-ommi .s;ic,rl a�aPrr/la. Mrs. Lucia at 1!au(III tty wt l 1. furt:hP I t (-r wl t.11 you your cnnvP, it 1 c'nCP . FLOYD PEARSON RICHMAN GREER WEIL ZACK s BRUMBAUGH pRorESSIONAL ASSOCIATION r"A J r IN THE CIRCUIT COURT OF THE llth JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL Tt?RISDTrTTON DIV?SION CASL aO. 7i-24130 (DIV. 17) CITY OF MIAMI, FhORIDA, A Florida municipal corporation, Plaintiff, VS. FLORIDA EAST COAST RAILWAY COMPANY, a Florida corporation, et al., Defendants. CONSENT SUPPLEMENTAL FINAL JUDGMENT AWARDING COSTS AS TU=DEFENDANT, FLOR15A EAST COAST RAI-11WAY COMP T THIS CAUSE having come on before the Court pursuant to the Motions to Tax Costs and Reasonable Attorneys' Fees filed by the Defendant, FLORIDA EAST COAST RAILWAY COMPANY, in the above styled eminent domain proceedings, and the parties having reached a compromise and sc',-tlement of the issues pertaining thereto as stated in the settlement stipulation between counsel of record for the parties heretofore filed, and the Court having reviewed said settlement stipulation and being fully advised in the premises, it is CONSIDERED, ORDERED and ADJUDGED that the settlement stipulation dated May 23, 1985 heretofore filed in this cause between the counsel of record for the Petitioner, CITY Gc MIAMI, and the Defendant, FLORIDA EAST COAST RAILWAY COMPANY, be and the same is hereby approved, ratified, and confirmed the same as if set forth herein in haec verba as the Order of this Court in this Consent Supplemental Final Judgment; and accordingly, it is further ORDERED that the Defendant, FLORIDA EAST COAST RAILWAY COMPANY, does have and recover of Nnd from the Petitioner, CITY OF MIAMI, the following amounts: A. As to the services rendered by defense counsel SHUTTS AND BOWEN, the sum of SEVEN HUNDRED THOUSAND and no/100 ($700,000.00) DOLLARS. B. As to the services rendered by defense counsel 85-526 ._ hS-ba6 _ V- BRIGHAM, MOORE, r',Ok'R, GAYLORD, SCHUSTER & S' �HS, the sum of SIX HUNDRED THOUSAND and no/100 ($600,000.00) DOLLARS. C. As to the costs incurred by the Defendant, FLORIDA EAST COAST RAILWAY COMPANY, other than attorneys' fees, the sum of 1140 HUNDRED EIGHTY TWO THOUSAND and no/100 ($282,000.00) DOLLARS. It is further ORDERED that the Petitioner shall pay the aforesaid sums forthwith and not later than sixty (60) days after the date of this Order for which after said six::3r (60) days let execution issue as to any amount not paid together with interest thereon at twelve (12%) percent per annum commencing the 61st day after the date of this Order until the date payment is received by the said Defendant. Payment of said awards shrill- be made to the following: The sum of SEVEN HUNDRED THOUSAND and no/100 ($700,000.00) DOLLARS shall be paid to the law firm of SHUTTS AND BOWEN; the sum of SIX HUNDRED THOUSAND and no/100 ($600,000.00) DOLLARS shall be paid to the law firm of BRICHA111, MOORE, MUTR , 3AYLORD , SCHUSTER & SACHS ; and the sum of TWO HUNDRED EIGHTY TWO THOUSAND and no/100 ($282,000.00) DOLLARS as to costs other than attorneys' fees shall be paid to the FLORIDA EAST COAST RAILWAY COMPANY by delivery to BRIGHAM, MOORE, MIUIR, GAYLORD, SCHUSTEr & SACHS, as attorneys for 4 said Defendant. DONE AND ORDERED in Chambers at Miami, Dade County, Florida, this day of May, 1985.