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Home My WebLink AboutScrivener's Error Emails Reference to Exhibit BPage 1 of 2 Arcia , Miriam From: Medina, Anna M. Sent: Monday, November 29, 2004 12:36 PM To: Arcia , Miriam Subject: FW: Exhibit B - Villa Magna Resolution Importance: High Miri, The Exhibit B that is currently attached to File I.D. 04-00460 needs to be removed and replaced with this one. Please rename this one to say "04-00460 Exhibit B - Corrected". Also, please attach a copy of this e-mail. You can call it "04-00460 - E- mail - Exhibit B". I will also be sending you a separate e-mail that needs to be imported as well. When you finish, please let me know so I can let the Law know that it has been completed. Thanks. From: Suarez -Rivas, Rafael Sent: Monday, November 29, 2004 12:08 PM To: Medina, Anna M. Cc: Dylan Reingold; Gomez, Silvia M Subject: FW: Exhibit B - Villa Magna Resolution Anna- A belated Happy Thanksgiving to you and yours. Here is the corrected Exhibit B for you to make the legistar correction today. As always, thank you for your thoughtful assistance. RafaelSuarez-divas Assistant City Attorney 444 SW 2nd Avenue Suite 945 Miami, Florida 33130 (305) 416-1818 rsuarez-rivas(a ci.miami.fl.us From: Dylan Reingold [mailto:dreingold@bilzin.com] Sent: Monday, November 29, 2004 12:05 PM To: Medina, Anna M. Cc: Suarez -Rivas, Rafael; A. Vicky Garcia -Toledo Subject: Exhibit B - Villa Magna Resolution Dear Ms. Medina, Pursuant to Vicky Garcia -Toledo's request, I have attached the correct Exhibit B for the Villa Magna resolution, Resolution Number R-04-0717. Dylan Reingold 11/29/2004 Page 2 of 2 "WorldSecure <bilzin.com>" made the following annotations on 11/29/2004 12:04:47 PM This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in this message. If you have received this message in error, please advise the sender by reply e-mail or reply to info@bilzin.com, and delete the message. Thank you very much. 11/29/2004 Page 1 of 3 Arcia , Miriam From: Medina, Anna M. Sent: Monday, November 29, 2004 12:39 PM To: Arcia , Miriam Subject: FW: Villa Magna/ Resolution SCRIVENER'S ERROR AS TO LEGALS (EXHIBIT "A") AND UNKNOWN DATE OF RENDITION / URGENT Importance: High Miri, here is the other e-mail that needs to be imported into Legistar. You can call it "04-00460 - Scrivener's error E-mail- Exhibit B" Thanks. From: Suarez -Rivas, Rafael Sent: Monday, November 29, 2004 11:56 AM To: 'A. Vicky Garcia -Toledo' Cc: Medina, Anna M. Subject: FW: Villa Magna/ Resolution SCRIVENER'S ERROR AS TO LEGALS (EXHIBIT "A") AND UNKNOWN DATE OF RENDITION / URGENT Importance: High AVGT- please have your good offices do this today as my assistant Silvia m. Gomez is out today. Thank you. Rafael.Suarez-Rivas Assistant City Attorney 444 SW 2nd Avenue Suite 945 Miami, Florida 33130 (305) 416-1818 rsuarez-rivas(a ci.miami.fl.us From: Medina, Anna M. Sent: Monday, November 29, 2004 11:07 AM To: Suarez -Rivas, Rafael Subject: RE: Villa Magna/ Resolution SCRIVENER'S ERROR AS TO LEGALS (EXHIBIT "A") AND UNKNOWN DATE OF RENDITION / URGENT Importance: High Hi Rafael, Will someone be e-mailing me a new Exhibit B today so I can re -attach it in Legistar? From: Suarez -Rivas, Rafael Sent: Monday, November 29, 2004 11:03 AM To: 'A. Vicky Garcia -Toledo'; Scheider, Sylvia; Slazyk, Lourdes Y.; Medina, Anna M. Cc: Eileen Ball Mehta; Dylan Reingold; Maxwell, Joel E.; Fernandez, Jorge L. Subject: RE: Villa Magna/ Resolution SCRIVENER'S ERROR AS TO LEGALS (EXHIBIT "A") AND UNKNOWN DATE OF RENDITION / URGENT 11/29/2004 Page 2 of 3 I am advising that the City Clerk henceforth correct this now as a clerical or scrivener's error. No further authorization is needed to make this type of correction .If you have any questions please call this office or if you need the correct exhibit contact Ms. Garcia- Toledo.. Thank you. Rafael Suarez-RIvas Assistant City Attorney 444 SW 2nd Avenue Suite 945 Miami, Florida 33130 (305) 416-1818 rsuarez-rivasci.miami.fl.us From: A. Vicky Garcia -Toledo [mailto:vgarcia-toledo@bilzin.com] Sent: Monday, November 29, 2004 10:43 AM To: Scheider, Sylvia; Suarez -Rivas, Rafael; Slazyk, Lourdes Y. Cc: Eileen Ball Mehta; Dylan Reingold; Maxwell, Joel E.; Fernandez, Jorge L. Subject: Villa Magna/ Resolution SCRIVENER'S ERROR AS TO LEGALS (EXHIBIT "A") AND UNKNOWN DATE OF RENDITION / URGENT I hate to bother you with this issue, however, it has come to our attention that the wrong legal has been attached to the resolution. Exhibit "A" is the legal (in the MUSP application) for other properties owned by the applicant within a 375' radius, it is not the legal for the subject property of the application. The legal for the property subject matter of the application is listed in the disclosure and other forms provided by the City as part and parcel of the MUSP application. It appears that Exhibit "A" was picked up as the legal for the attachment to the final resolution by error. The notice refers all persons to the supporting documents and legals in the "Department of Hearing Boards" which has the correct legals. This is clearly a "scriveners error" at the time of attaching the legal which needs to be corrected. Sylvia and Rafael, I would request that this correction be done immediately, as today is the 30th day of the approval of the City Commission. In reference to this issue - there is a matter of what is the official date of "rendition". I sent an e mail to Maxwell a couple of weeks ago and he said the date of "rendition" is the date that the Clerk signs the Resolution. However, it is my understanding from Sylvia that the Clerk no longer signs the resolutions ( there is a reference on the face of the Resolution that the Mayor signed it on November 13th but his signature does not appear on any of the Clerk's documents) - due to the new "technologies". Which still leaves us with a questions as to what is the date of "rendition" - obviously it has to be sometime after the Mayor's signature. Pursuant to law there has to be such a date...I just need the City to tell us what is the "technological/electronic" entry that equates to the prior signature by the Clerk. The time to appeal (or in this case to file the writ) must be within 30 days of the the day of "rendition" which could be TODAY if the Clerk back dates the Resolution to the date of the hearing ( this would not make any legal sense since the Mayor has 10 days to veto and I would think that the rendition can only occur sometime after the Mayor either signs, vetoes or the ten days run with no action from the Mayor. But should the Clerk backdate then WE HAVE TO FILE TODAY ! If the Mayor's signature is the date of rendition then the filing date for the writ would be Dec 13th. If the Clerk's signature is some date after the Mayor's signature and tied to some "electronic entry" then I need to know that date and so does the rest of the world when they go to the Clerks web site. Please let me know your thoughts and final determination ASAP! "WorldSecure <bilzin.com>" made the following annotations on 11/29/2004 10:43:16 AM 11/29/2004 Page 3 of 3 This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in this message. If you have received this message in error, please advise the sender by reply e-mail or reply to info@bilzin.com, and delete the message. Thank you very much. 11/29/2004