HomeMy WebLinkAboutR-75-0504gOLU1bN NO,..... O
A RESOLUTION AUT OR/ZI O AND DIRECTING
THH DIRECTOR OP FINANCE 1 OR 'THH CITY OP
MIAMI TO PAY TO HOWARD HADLEY 1 AND HIS
ATTORNEY. HARRY MICXERMAN# WITHOUT THE
ADMISSION OP LIABILITY, THE :SUM 'OP
$7 Cyr OSO. OO IN PULL AND OOMPLH'Dt1; SETTLEMENT
OP HIS CLAIM ?Olt ALL SERV/ CHS RENDERtD TO
THE CITY OP MtAMI AS SPECIAL 00UNS1 t,
INCLUDING COSTS, POR HMiNENT DOMAIN PRO
CE DINOS
WHEREAS, on April 19, 1974, Mr. Howard Hadley filed
suit against the City of Miami in Circuit Court, case numbered
74-11003, alleging that he was hired as Special Counsel for
eminent domain proceedings and seeking attorney's fees and
costs from the City of Miami and
WHEREAS, after intensive negotiations, Mr. Hadley and
his attorney, Harry Zuckerman,have indicated that, they will
settle all matters, including costs, for the flat sum of
$75,000.00; and
WHEREAS, the City Attorney for
the City of Miami has
recommended that this settlement be approved in view of the
fact that the City's exposure on the items enumerated by
Mr. Hadley is a much greater amount and Mr. Hadley did benefit
the City of Miami by his services;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA;
Section 1. That the Director of Finance be and he is
hereby authorized and directed to pay to HOWARD HADLEY AND HIS
ATTORNEY, HARRY ZUCKERMAN, the sum of $70,000.00 in full and
complete settlement of Mr. Hadley's claim against the City of
Miami, including costs, for all services rendered as Special
Counsel to the City of Miami for eminent domain proceedings,
without the admission of liability,
PASSED AND ADOPTED this 22 day of MAY 1975.
"DOCUMENT INDEX
ITEM NO.: P
CITY CQMMISStQN
MEETING OF
MAY 2 21975
RESOWTION M9,,74,',7
REMARKS; .,,,,
MUME Ac,..JmERRE _
MAYOR
PREPARED AND APPROVED BY:
Montague Rosenberg, Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
hn S. Li. d, City Att rney
CitY OF MIAM1, F'LOt IDA
INTER-OP-TICE MEMORANbLUM
The Honorable Members March 18, 197
DATE
of the City C' issi'on
SUBJFC:.T
RF:Fr:RENt:
Howard Hadley v. City of
Circuit Court f`fio�74- '003_
L N(:L()SU NES,( eu'
lution)
On April 10, 1974, Howard Hadley filed suit against the City of Miami
for attorney's fees, Circuit Court Case No. 74-11003.
At the same time Mr. Hadley filed his suit, he filed petitions to
withdraw from pending condemnation cases contending that he Was dis-
missed by the City and had not been paid and that there Was a conflict
of interest in his further representing the City, and over objection
by the City in each of the pending Condemnation cases, was by Court
order permitted to withdraw.
The contract of Mr. Hadley with the City attached to his suit, alleged
amongst other things that the City had "retained him" to represent the
City in "all of its condemnation and eminent domain proceedings for the
City --including Bayfront Park extension and those properties under --bond
issues."
The contract provided for the City to pay Mr. Hadley 2% of the City's
appraisal figures under a formula the Court was asked to construe, i.e.
2% of appraisal submitted at time of trial where taking was not made at
filing, and 2% at filing where a taking was made.
His contentions were that the City dismissed him making further perform-
ance by, him impossible. The contract, if fully performed, would have made
the City liable to him for $750,000. The City Attorney's office has con-
cluded that the following minimum amounts have been clearly earned by
Mr. Hadley.
As to the Coconut Grove properties, the liability is clear and undisputed,
the 2% thereof being $19,000. As to the Government Center, although the
City has some counterclaims, he has claimed $32,920.00, and $10,000 seems
to have been clearly earned by him as to that item. As to Ballpoint,
although his contentions are that he earned $220,000.00, it seems clear
that the minimum amount of his fee is $20,000. As to Florida East Coast,
his work at the trial level and on appeal, seems to be worth a minimum of
$25,000.00, although at litigation undoubtedly he could procure experts
who would testify that $150,000 or more was the value of the services
performed on a basis of value.
Mr. Hadley has submitted itemized expenses including travelling and tele-
phone for which the City could be liable, in the sum of $5,000.00.
The Honorable Melberg
Cif the City Commission
Howard Hadley V ;ity c PaAMi
The cause has been intensively and es tensiveiy litigated and upon the
recommendation of Assistant City Attorney Montague Rosenberg, concurred
in by outer Assistants familiar with Mr.Iadley's work - and the city's
takeover of the condemnation procedures, l recommend that the City of
Miami settle Mr Hadley' s claims for the sum of '$7 0► 000. 00.
JSL/MR/fl
ENCL.(Resolution)