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LIGHT FRAJICHISE Ff F5 A:� Fi1Lt, AND FINAL
SETTLE MFNT FOR RESULTANT CnSTS AND ATTORNEY' S
FEES F'ARNFD BY SAID FIRM IN REPRFSENTING THE
PROPERTY OWNER DURING THE; CITY'S CONDEMKATIUis
PROCFEDINGS SF;CHRING TI'PLF TO THE; "E31,13E
LAGOON" PROPERTY.
W14EPEAS, Leon E). Mack, Esra., of Yelly, 11lack, Mack and
p:arle, P.A. represented the Defendant► Suterreno in Miami, Inc.,
in the City's Eminent Domain Proceedings to secure title to the
"M ue Lagoon" property; and
WHEREAS, the Blue Lagoon Property will be used for recrea-
tional/park purposes; and
tRH}�}tE'AS, the City of Miami, petitioner in said proceedings,
obtained possession through an Order of Taking, and initially
deposited $448,000.00 in the Registry of the Court; and
WHEREAS, further negotiation and litigation required an
additional amount of. ;482►000.00 to be deposited in the Registry
of the Court; and
WHEREAS, the City of Miami now has acquired title to the
"Alue Lagoon Tract" by Final Judgment; and
WHEREAS, the said Final Judgment and the Florida Statutes
provide for the payment of property owners' costs and attorney's
fees in Eminent Domain proceedings; and
4+HEREAS, the City Attorney' s office has negotiated a final
@d'tion 1, tht hitOdtot of Finance is hereby aUth6tigtd
try pay the Law Finn of Kelly, rzlaek, Black, and Farle t P.A. r as
Attorneys for the property owner Suter.reno In Miami, Inc.t the
sum of $113,810.46 from Florida Power and Light Franchise Fees
in full settlement for attorney's fees earners and costs incurred
by said firm while representing said property owner during
condemnation proceedings for acquisition of title to the "Blue
Lagoon" property.
PASSEL' AND ADOPTED this 16 day of DECEMBER
i
MAURICE A. FERRE
MAURICF A. FCRRE, Mayor
,
S , 5x�`k
RA H G. ONGIE s
City Clerk
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PREPARED AND APPROVRO RY: "
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30 .h E. MAXWFI� ,
� istant Citv Attorney
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APPROVED AS TO FORM AND CORRECTNFSS:
an
OSE R. GARCIA-PCDROSA
City Attorney r
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wpc/013/ (2)
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�ITY --) ..Sla'dt L011DA
t#motable Mayot, Mautice A. Fette becembet 10, 1982
and Membets of the City Cotttmission `
City of Miami vs. 8utetteno
_•_ In Miami, Inc. et. al. (Blue
Lagoon) Case No. 80-13897 (CA-23)`
- dose fit. Garcia -Pedrosa �Attorney's Fees and Costs
City Attorney
Defendant, Siterreno In Miami, Inc., was owner of severalt'
parcels of land located on the site commonly referred to as d
"Blue Lagoon" and proposed as a City of Miami Park/Recreational
Facility.
Pursuant to the mandate of the City Commission, an EminentF,
Domain proceeding was instituted to acquire the necessary
t� k
property, and the defendants retained Leon D. Black, Esq., of
Kelly, Black, Mack and Earle, P.A., to represent theirE
interest as co -counsel with the law Firm of Caubi, Fernandez r
and Aguilar.
At the time the petition was filed, the City of Miamiq
a
received appraisal reports that estimated the value of the Blue
Lagoon Property in the amounts of $448,000.00 and $453,000.00,
based on appraisals conducted by Delahanty and Associates, Inc.
and Robert F. Quinliven, respectively. On January 6, 1981, ank
order of taking was entered and a deposit of $448.000.00 was:
made into the Registry of the Court. On January 21, 1981, an
updated appraisal was issued by Mr. Quinliven appraising the
market value of subject property at $490,000.00. . A
t �
Subsequent appraisals were requested by this office which:
specifically requested the appraised value as of January 26,
1981, the date title was acquired by the City of Miami. On
July 30. 1981, the City received an ap
praisal from Mr. Quinli-
ven indicating the appraised value as of January 26, 1981 was
$790,500.00. On August 20, 1981, Delahanty and Associates,
Inc. opined that the fair market value as of January 26, 1981,
was 5750,000.00. By contrast, Mr. Flack submitted appraisals
by respected appraisers Ted Slack and David Bishop on the F
subject property at $1,010,000.00 and $980,000.00 respectively. „ r
Based on the above, a negotiated settlement agreement was
entered into in the amount of $900,000.00, exclusive of
attorney's fees and costs. This represented an increase of
$450,000.00 for Mr. Black's client over the amount initially
offered.Li
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s 1�t fi i� d 1
R611drable Mayor Mdurico A.
Pef're Ahd Members of the
City Commissiontrlket l0i 19
Subsequently, the City Commission approved an additional
OPropriation of $452,000.00 for deposit in the Registry of the
Court pursuant to a Final Judgment, dated March 16, 1982,
vesting title to the "Rlu` Lagoon" tract in the City of Miami.
Florida Statutes provide that the Petitioner (City of
r4iami) in Eminent Domain Proceedings "shall pay all reasonable
costs. . . including a reasonable attorney's fee. .
F1a.Stat., (1981). The Circuit Court, in assessing attorney's§73.09
ees considers: '
(1) Benefits resulting to the client from the services rendered; r
(2) The novelty, difficulty, and importance of the
questions involved;
r ,
(3) The skill employed by the attorney in conductinct the calls;
(4) The amount of money involved;
($) The responsibility incurred and fulfilled by the
attorneys; and
(6) The attorney's time and labor reasonably required
adequately to represent the client.
Fla.Stat. (1981). §73.092,
On Auaust 5, 1992, Mr. 131ack, as defendant's lead counsel,
submitted an iternized statement of costs of $18,810.46, and
attorneys fees of S120,334.00 representing a total sum of
$139,144.46.
In my estimation the costs for appraisers and attendant
services are reasonable and acceptable. However, the submitted
amount for attorney's fees was considered excessive and
consequently, it become the subject of considerable negotia-
tion.
Based upon these negotiations and consultation with
•
Honorable Mayor Maurice A.
Ferre and Memhers of the
City Commission
-3- December 10, 1982
respected local Eminent Domain experts, this matter can now be
settled for $95,000.00 plus costs of $18,810.46 for a total of
$113,810.46, representing a savings to the City of $25,334.00.
Accordingly, it is the City Attorney's recommendation to
this Commission that this case be settled and closed for the
aggregate amount of $113,810.46.
JGP/JEM/wpc/016
Attachment
82"1 1 19P