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HomeMy WebLinkAboutCRA-R-25-0048 BackupKOZYAK TROPIN THROCKMORTON Dwayne A. Robinson, Esq. drobinson@kttlaw.com 1305.377.0659 June 27, 2025 Via Email: Southeast Overtown/Park West CRA c/o Mr. James D. McQueen jmcqueen@miamigov.com 819 NW 2nd Avenue, 3rd Floor Miami, FL 33136 RE: Dispute Regarding Housing Subsidy Agreement Between Southeast Overtown / Park West CRA and Avanti Residential Dear Mr. McQueen: I am writing to confirm the terns of the agreement between Kozyak Tropin & Throckmorton LLP ("KTT," "we," "our," or "us") and Southeast Overtown/Park West CRA (the "client" or "you") in connection with the dispute arising out of Southeast Overtown / Park West Community Redevelopment Agency's Housing Subsidy Agreement with Avanti Residential. Mr. McQueen acknowledges and agrees that he has the authority to execute this agreement and to further serve as the attorney -in -fact or authorized agent for the client related to the representation and this retainer agreement. It is our practice to inform clients in writing of the Terms & Conditions under which KTT undertakes a representation: 1. Security: As is our policy, we will require $20,000.00 (the "Retainer") to proceed with the representation. We will hold the Retainer in a trust account. By executing this agreement, you hereby grant KTT a security interest in the Retainer as collateral for any and all existing or future obligations to KTT, including, without limitation, fees and costs. In other words, absent further written agreement between us, the Retainer will remain in our trust account as collateral and you will pay the monthly statements with separate funds. Naturally, if there is any Retainer balance at the conclusion of our representation of you, we will refund any balance. Should we both agree to expand our role in this representation beyond the scope of this agreement, we may require an additional retainer amount to be placed into our trust account under the same terms expressed above. Instructions on paying the Retainer are provided below. 2. Fees: As detailed further below, KTT will bill you on an hourly basis for attorney, paralegal, and legal professional time. Upon request by you, KTT shall provide you with the rates 2525 Ponce de Leon, 9th Floor, Miami, Florida 33134 I 305.372.1800 I kttlaw.com Mr. James D. McQueen June 27, 2025 Page 2 of those attorneys, paralegals, and legal professionals working on this engagement. Presently, the primary attorneys KTT intends to utilize in the representation (along with their respective hourly rates) are: Dwayne Robinson ($800), Brandon Sadowsky ($650), and Jordan Benatar ($525). To the extent we can, KTT may involve other attorneys, paralegals, or legal professionals to assist with certain aspects of the representation. You acknowledge and agree that KTT reserves the right to alter in its discretion the staffing in the representation. 4. Costs: It is usually necessary for KTT to incur, as agent for our clients, expenses for items such as, but not limited to, filing fees, travel, document management services, lodging, meals, tolls, telephone calls, mediation and deposition costs, photocopying, facsimiles, and courier services. Many engagements require substantial amounts of costly ancillary services such as outside duplication services and computerized legal research. You acknowledge and agree that the client is responsible for all costs incurred on the client's behalf. In order to allocate these expenses fairly and to keep our hourly rates as low as possible for those matters which do not involve such expenditures, these items are separately itemized on our monthly statements as "costs advanced" and "disbursements." You acknowledge and agree that major out-of-pocket expenses, including outside fees and expenses (such as expert witness fees), may not be advanced by KTT, in its discretion, unless special arrangements are made in advance. Such major -out-of-pocket expenses will be billed directly or forwarded to you. You acknowledge and agree that KTT has discretion as to which costs it may advance or require payment by you before those costs are incurred. 5. Billing: To enable you to monitor them carefully, fees and costs will be billed on a monthly basis. Payment is due within ten days of presentation of a statement, unless we agree otherwise in writing. You agree that within 30 days of presentment of a bill, you shall make any objections in writing to me as to that bill, such as to fees or costs incurred, rates, work performed, hours expended, or any other matter presented in said bill. The parties acknowledge and agree that any objection thereafter shall be waived or otherwise forfeited. Most statements for services are the product of the time worked (in units of tenths of an hour) multiplied by the hourly rates for the attorneys, paralegals, or other legal professionals assisted in the representation. You acknowledge and agree that you will be billed for all time spent on your behalf, including, without limitation, for conferences, telephone calls, drafting, research, and travel. It is impossible to determine in advance how much time will be needed, since that depends on many things beyond our control. You acknowledge and agree that any figures or amounts you may have been provided related to the fees or costs associated with our engagement are merely estimates. In entering this agreement, you agree that you have not relied on any facts, representations, warranties, promises, or the like other than those included in this agreement. Sometimes another party or a third party agrees to pay our client's legal fees, or a court may order our client's adversary to pay all or a part of our client's legal fees and costs. However, 2525 Ponce de Leon, 9th Floor, Miami, Florida 33134 I Phone 305.372.1800 I Fax 305.372.3508 I kttlaw.com Mr. James D. McQueen June 27, 2025 Page 3 in such circumstances, you agree that you remain primarily liable for payment of all fees and costs. Any amounts received from others will be credited to the client's account. 6. Late Payments: KTT may impose an interest and/or service charge of 1.5% (one and one-half percent) per month for late payments. In no event will the service charge be greater than permitted by applicable law. 7. Non -Payment of Fees and Costs: Failure to pay any statement rendered when due constitutes a basis for terminating our engagement. You agree that in our discretion we may immediately cease all legal services on your behalf or discontinue our representation (subject to our ethical obligations and any other applicable provision of law). You acknowledge and agree that KTT may assign its right to pursue and collect any fees or costs you owe, to a related third - party, and that this agreement shall be equally enforceable by and as to such a third -party. 8. Pre -suit Mediation: Prior to KTT instituting formal legal proceedings to collect any fees and costs related to this agreement, you agree to participate in a one -day, pre -suit mediation before a mediator of KTT's choice in Miami, Florida. The costs of the mediator shall be evenly divided between you and KTT, and be payable by the parties. You acknowledge and agree that KTT may, in its discretion, waive mediation. Mediation must occur within 30 days of KTT notifying you of its demand for mediation. 9. Arbitration: Any dispute relating to or arising from, out of, or in connection with, our services -with the exception of a disagreement concerning fees, which shall be submitted to The Florida Bar's Fee Arbitration Program (as set forth in this section below) -shall be settled by binding arbitration in Miami, Florida in accordance with the then -current rules and procedures of the American Arbitration Association ("AAA") by one arbitrator appointed by the AAA. The arbitrator shall apply the laws of the State of Florida without reference or resort to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party in any dispute between the parties -and in any forum -related to or arising out of this agreement shall be entitled to an award of attorneys' fees and costs. In avoidance of doubt, you acknowledge and agree that KTT shall be entitled to all its fees and costs related to collection of amounts owed under this agreement. In the event of a disagreement concerning fees, the undersigned parties agree to submit their controversy concerning the legal fees charged by the firrn to binding arbitration. The undersigned parties consent to resolve their dispute through The Florida Bar's Fee Arbitration Program, pursuant to Chapter 14 of the Rules Regulating The Florida Bar, the Fee Arbitration Procedural Rules and Chapter 682, Florida Statutes. NOTICE: This agreement contains provisions requiring arbitration of fee disputes. Before you sign this agreement, you should consider consulting with another lawyer independent of 2525 Ponce de Leon. 9th Floor, Miami, Florida 33134 I Phone 305.372.1800 I Fax 305.372.3508 kttlaw.com Mr. James D. McQueen June 27, 2025 Page 4 KTT about the advisability of making an agreement with mandatory arbitration requirements. Arbitration proceedings are ways to resolve disputes without use of the court system. By entering into agreements that require arbitration as the way to resolve fee disputes, you give up (waive) your right to go to court to resolve those disputes by a judge or jury. These are important rights that should not be given up without careful consideration. 10. Termination: The client may terminate our representation by written notice at any time. In that case, the client agrees that it is not relieved of the obligation to pay for all services rendered and costs incurred on its behalf prior to KTT's receipt of such notice. KTT may also terminate its engagement, subject to an obligation to give the client reasonable notice to arrange alternative representation. 11. Applicable Law: Except to the extent superseded by Title 11, United States Code governing bankruptcy cases, the laws of the State of Florida will govern the interpretation of this agreement, including all rules or codes of ethics which apply to the provision of services by us. The parties agree that this agreement may only be amended by a signed, written agreement of the parties. 12. Conflict Waiver: Because KTT represents a large number of clients in a wide variety of legal matters, it is possible that we will be asked to represent a client whose interests are actually or potentially adverse to your interests in matters that may include, without limitation, bankruptcy, restructuring, litigation, appeals, or administrative proceedings, as a few examples. We may also be asked to serve a subpoena or take other discovery of you on behalf of another client. In any of those circumstances, KTT agrees that it will not undertake any such representation if it is substantially related to a matter in which we have represented you. If the other representation is not substantially related to a matter in which we have represented you, however, then you agree to our accepting such representation and you waive any resulting actual or potential conflicts of interest that may arise, provided that (1) our effective representation of you and the discharge of our professional responsibilities to you are not prejudiced by our undertaking the other representation; (2) KTT protects your confidential information and implements ethical walls as necessary to screen the lawyers or legal professionals working on the other representation from involvement in your matters, and vice versa; and (3) the other client(s) has (have) consented to and waived potential and actual conflicts of interest. 14. Litigation Hold Letter: You acknowledge and agree that KTT has provided you along with this agreement a very important "litigation hold" letter, which describes crucial steps that you must take to preserve relevant documents, including electronically stored information. Please read this important document. You shall provide KTT immediate notice if you do not receive the litigation hold letter. 2525 Ponce de Leon, 9th Floor. Miami, Florida 33134 I Phone 305.372.1800 I Fax 305.372.3508 I kttlaw.com Mr. James D. McQueen June 27, 2025 Page 5 * * * If you have any questions concerning the above, please call me. If our proposal is acceptable, please sign a copy of this letter and retum the original to me along with the Retainer amount. You acknowledge and agree that no agreement for legal services or any representation by KTT shall exist until both a fully executed version of this agreement along with the cleared payment, in full, of the Retainer amount are both provided to KTT. The parties agree this agreement shall not include any related bankruptcy matters, appeals, or post judgment matters not expressly referenced above absent a separately executed agreement. KTT will require a separate retainer agreement for any additional matters KTT handles for you, but in the event the parties do not execute a separate retainer agreement, the parties agree that this agreement will control. In addition to physical mail, you may pay the Retainer online with a credit card at kttlaw.com/payments or wire payment directly to our trust account. Our wire transfer instructions are: Beneficiary Bank Information First Horizon Bank 165 Madison Avenue Memphis, TN 38103 ABA/Routing # 084000026 Kozyak Tropin & Throckmorton LLP Trust Account Account # 5000003621 International Wire Transfer: SWIFTBIC Code: FTBMUS44 2525 Ponce de Leon, 9th Floor, Miami, Florida 33134 I Phone 305.372.1800 I Fax 305.372.3508 I kttlaw.com Mr. James D. McQueen June 27, 2025 Page 6 I look forward to working with you. Sincerely, Dwayne A. Robinson I AGREE TO THE TERMS OF THIS AGREEMENT AND THAT I HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT ON BEHALF OF THE CLIENT(S), AND I FURTHER ACKNOWLEDGE RECEIPT OF THE LITIGATION HOLD LETTER: J. - s D. McQueen on behalf of the Southeast Overtown/Park West CRA 2525 Ponce de Leon, 9th Floor, Miami, Florida 33134 I Phone 305.372.1800 I Fax 305.372.3508 I kttlaw.com