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HomeMy WebLinkAboutM-77-06312501 RESOLUTION NO. 4 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO A CONTRACT FOR SPECIAL LEGAL SERVICES, (A COPY OF WHICH IS ATTACHED HERETO) WITH JOHN R. FARRELL, P.A., TO PROSECUTE AND/OR DEFEND ALL ASPECTS OF THE EMINENT DOMAIN ACTION TO BE FILED IN THE CIRCUIT COURT OF DADE COUNTY, FLORIDA, TO RE STYLED CITY OF MIAMI V. FLORIDA ;;EAST COAST RAILWAY COMPANY, ET AL., INCLUDING ALL WORK IN THE. CIRCUIT COURT AND ALL WORK IN THE APPELLATE AND SUPREME COURTS, IF NECESSARY, AND AUTHORIZING THE FINANCE DIRECTOR TO PAY THE AMOUNTS REOUIR.ED FROM THE PARKS FOR PEOPLE BONDS FUNDS WHEREAS, the City contemplates entering into an Eminent bottiain proceeding against the Florida East Coast Railway Company, et al. in order to obtain certain property bounded by Biscayne Bay on the east, Biscayne Boulevard on the west, Northeast 6th Street (as extended) on the south and Northeast 9th Street (as extended) on the north (as more fully described in the Contract and WHEREAS, the City Attorney has indicated that he cannot, at the present time, fully prosecute the Florida East Coast Railway condemnation case due to the complexities thereof and the limita- tions on staff time; and WHEREAS, the City Attorney has recommended that the City hire outside counsel for this case; and WHEREAS, certain attorneys known to have expertise in the area of Eminent Domain were considered by the City Commission; and P.A. CITY WHEREAS, the City Commission has selected JOHN R. FARRELL, to represent the City in this matter; NOW, THEREFORE, BE IT RESOLVP;D BY THE COMMISSION OF THE OF MIAMI, FLORIDA: Section 1. The City Attorney be, and he is hereby authorized to enter into a Contract for Special Legal Services, (a copy of which is attached hereto) with John R. Farrell, P,A., to prosecute and/or defend all aspects of the Eminent Domain action to be filed in the Circuit Court of Dade County, Florida, to be MEM MEM 1 • styled City of Miami v. Florida East Coast Railway Company, et ail including all work in the Circuit Court and all work in the Appellate and Supreme Courts, if necessary. Section 2, The Finance Director be, and he is hereby, authorized to pay the amounts required from the Parks for People Bonds funds. PASSED AND ADOPTED this day of July, 1977, ATTEST: City Clerk PREPARED AND APPROVED BY: MICHEL E. ANDERSON Assistant City Attorney APPROVED.AS TO FORM AND CORRECTNESS: GEORGE F. IX, J City Attor 7 MAYOR - 2- CONTRACT FOR SPECIAL LEGAL SERVICES 18 AGREEMENT, made and entered into this , 1977, by and between THE CITY OF MIAMt, 'a Mtnidipal Corporation of the State of Florida, (hereinafter referred to as the "City") and JOHN R. FARRELL, P.A, (hereinafter referred to as the "Attorney" or "Farrell"), WITNESSETH WHEREAS, the City contemplates entering into an Eminent bomain proceeding against the Florida East Coast Railway Company, t al. in order to acquire certain property bounded by Biscayne Bay on the east, Biscayne Boulevard on the west, Northeast 6th Street (as extended) on the south and Northeast 9th Street (as extended) on the north (as more fully described herein); and WHEREAS, the City Attorney has indicated that he cannot, at the present time, fully prosecute the Florida East Coast Railway condemnation case due to the complexities thereof and the limitations on staff time; and WHEREAS, the City Attorney has recommended that the City hire outside counsel for this case; and WHEREAS, certain attorneys known to have expertise in the area of Eminent Domain were considered by the City Commission; anct WHEREAS, the City Commission has selected JOHN R. FARRELL, P.'_., to represent the City in this matter and has authorized the City Attorney to enter into a contract with JOHN R. FARRELL, P.A. for special legal services; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth to be observed and performed, the parties hereto covenant and agree as follows: I THE ATTORNEY AGREES: (A) That he will prosecute and/or defend the City in the case to be styled City of Miami v. Florida East Coast Railway Company, et al. for the condemnation of property legally described and shown on the surveysprepared by Biscayne Engineering Company, 1 • • 1 City of MiaMi checks fot the services hereih shall mailed to the Attorney at 2825 South Miami Avenue, Miami? Florida 33129, or to such other address as he shall spedifys III BOTH PARTIES AGREE (A) That in the event the City's right to take the object property is denied, attorneys fees shall be calculated upon the basis of .3120 of the average of the City's highest appraisals. (13) If and in the event that the City is permitted to and not permitted to take another take a portion of the property portion of the property, then the attorneys fees as follows: 1-1/2% of the average of the City's highest appraisals for the portion of the property which is to be taken; and .312% of the average of the City's highest apprai- sals for that property which cannot be taken. (C) All services to be performed by the Attorney shall 'under the supervision of the City Attorney. (D) The parties agree that the entry into this agreement shall not in any way restrict the private practice of the Attor- ney and shall not preclude him from litigating against the City prior to a final conclusion of the Attorney's this agreement. in other cases services under (E) FARRELL shall be deemed to be an independent contractor and not an agent or employee of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordi- nances of the City, or any rights generally afforded classified or unclassified employees; further, he shall not be deemed to in that event the City shall pay be entitled to Florida Workmen's Compensation benefits as an employee of the City, and the City shall exercise no control o- ver the manner or means of the services performed by FARRELL, except as to the ultimate accomplishment of the objective as hereinabove set forth, CONTRACT FOR SPECIAL LEGAL SERVICES TtiIS AGREEMENT, made and entered into this , 1977, by and between THE CITY OF MIAMI, a Municipal corporation of the State of Florida, (hereinafter referred to as the "City") and JOHN R. FARRELL, P.A. (hereinafter referred to as the "Attorney" or "Farrell"). WITNESSETH WHEREAS, the City contemplates entering into an Eminent Domain proceeding against the Florida East Coast Railway Company, t al. in order to acquire certain property bounded by Biscayne Say on the east, Biscayne Boulevard on the west, Northeast 6th Street (as extended) on the south and Northeast 9th Street (as extended) on the north (as more fully described herein); and WHEREAS, the City Attorney has indicated that he cannot, t the present time, fully prosecute the Florida East Coast Railway condemnation case due to the complexities thereof and the limitations on staff time; and WHEREAS, the City Attorney has recommended that the City hire outside counsel for this case; and WHEREAS, certain attorneys known to have expertise in the area of Eminent Domain were considered by the City Commission; and WHEREAS, the City Commission has selected JOHN R. FARRELL, P.A., to represent the City in this matter and has authorized the City Attorney to enter into a contract with JOHN R. FARRELL, P.A. for special legal services; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth to be observed and performed, the parties hereto covenant and agree as follows: I THE ATTORNEY AGREES: (A) That he will prosecute and/or defend the City in the ease to be styled City of Miami v. Florida East Coast Railway Company, et al. for the condemnation of property legally described and shown on the surveysprepared by Biscayne Engineering Company, Midi , Florida, Dated August 1975, beating legend "nraWing No, CC.704 & CG-709, FB No. 1694-1, 1690-42", copies of which are incorporated by reference herein, (or their equivalents) including all phases of the cause in the Circuit Court, Appellate and Supreme Court, if necessary. (B) That all files pertaining to the cause in contro- Versy, as provided for in this contract, shall be the property_, Of the City and upon termination of the suit in controversy, the complete file shall be submitted to the City Attorney Office, upon request. II THE CITY AGREES: (A) To pay compensation to the Attorney in the total amount of a sum which will be calculated upon the basis of one and one half percent (1 1/2%) of the average of the City highest appraisals obtained upon the property which is the subject of this Agreement. Said sum shall, however, in no event exceed two hundred seventy five thousand dollars (S275,000.00), notwithstanding the possibility that these calculations could result in a greater sum. Payment of said compensation shall be made upon the fol- lowing schedule: One third (1/3) after pre-trial conference. One third (1/3) after trial. One third (1/3) after argument of certiorari or for filing certiorari expires, however, if no appeal is taken then upon expiration of the time for filing same expires. The amount of fees due and payable in the event of settlement or voluntary abandonment of the proceedings shall be based upon the same formula and the final sum shall be paid after any settle- ment has been concluded. (B) All costs and expenses incurred by the Attorney shall be borne directly or reimbused by the City upon certification of same by the Attorney, including fees and costs of all experts other than legal. the time City of Matti ohecks for the services herein shall at 2825 South Miami Avenue, Miafii, 'lorida 33129, or to such other address as he shall specify III Mailed to the Attorney pon the basis of .312% of the appraisals. (B) If and in the event take a portion of the property BOTH PARTIES AGREE (A) That in the event the City's right to take the ubject property is denied, attorneys fees shall be calculated` average of the City's highest Portion of the property, then in that the attorneys fees as follows: 1-1/2% of the average of the City's highest appraisals for the portion of the property which' is to be taken; and .312% of the average of the City's highest apprai- sals for that property which cannot be taken. (C) All services to be performed by the Attorney shall under the supervision of the City Attorney. (D) The parties agree that the entry into this agreement shall not in any way restrict the private practice of the Attor- ney and shall not preclude him from litigating against the City in other cases prior to a final conclusion of the Attorney's services under this agreement. (E) FARRELL shall be deemed to be an independent contractor and not an agent or employee of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordi- nances of the City, or any rights generally afforded classified or unclassified employees; further, he shall not be deemed to be entitled to Florida Workmen's Compensation benefits as an that the City is permitted to and not permitted to take another event the City shall pay employee of the City, and the City shall exercise no ver the manner or means of the services performed by FARRELL, except as to the ultimate accomplishment of the objective as hereinabove set forth, �. 3 control o-� t) It is e:•:ptessly understood by the City and tho ttbrney that the Eminent Domain proceedings contemplated hereunder shall not include or involve the Order of Takihq procedures under Chapter 711, Florida Statutes. (0) This Contract may be altered or amended only upeift the Written consent of both parties hereto. IN WITNESS WIHEREOF, the parties hereto have caused this `instrument to be executed in their names by the persons there- into legally qualified and authorized to do so, all as of the, day and year hereinabove first written. C` .-c- t.,,e,►a--....) APPROV. AS TO FORM AND LEGALITY: George F. City Atto no:., Jr. - ey THE CITY OF MIAMI, a Municipal corporation of the State of Florida By: City Manager John R. Farrell, P.A. 2825 South Miami Avenue Miami, Florida 33129 (305) 854-7000 By: j . John R. Oarre