HomeMy WebLinkAboutR-74-0198tSL: rh
3/13/74
RESOLUTION NO. 7101,1110)
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
EXECUTE A STIPULATION DISMISSING THE CONDEMNATION
ACTION STYLED THE CITY OF MIAMI, FLORIDA VS. THE
ST. JOE PAPER COMPANY IN THE CIRCUIT COURT IN AND
FOR DADE COUNTY, NO. 73-2506 AND PRESCRIBING THE
CONDITIONS FOR SUCH STIPULATION; AUTHORIZING THE
FINANCE DIRECTOR OF THE CITY OF MIAMI TO PAY TO
SHUTTS & BOWEN, ATTORNEYS FOR ST. JOE PAPER COMPANY
THE SUM OF $100,000 AS ATTORNEYS' FEES AND THE SUM
OF $33,138.25 FOR EXPENSES UPON EXECUTION OF A
STIPULATION OF DISMISSAL AND A RELEASE RELEASING
THE CITY OF MIAMI FROM ALL CLAIMS FOR DAMAGES
THE ST. JOE PAPER COMPANY MIGHT HAVE AGAINST THE
CITY OF MIAMI AS A RESULT OF THE AFOREMENTIONED
CONDEMNATION ACTION; RESCINDING RESOLUTION NO. 74-45
PREVIOUSLY PASSED AND ADOPTED ON JANUARY 15, 1974.
WHEREAS, on January 15, 1974 the City Commission of the
City of Miami, by Resolution No. 74-45, authorized the City Attorney
to dismiss the lawsuit against the St. Joe Paper Company for the
acquisition of the Ballpoint Property on the condition that the
attorneys for the St. Joe Paper Company in the lawsuit, accept the
sum of $100,000 as attorneys' fees and a sum in addition not to
exceed $25,000 for expenses in return for a complete release
releasing the City of Miami from all claims against the City for
any damages that the St. Joe Paper Company might have against the
City of Miami as a result of the aforesaid action; and
WHEREAS, at the time of the passage of this resolution
it was estimated that the costs in the legal action incurred by
the St. Joe Paper Company would not exceed $25,000; and
WHEREAS, subsequently the attorneys for the St. Joe
Paper Company submitted an itemization of defendant's costs and
expenses which was in the total amount of $36,138.25 (copy of said
itemization being attached hereto); and
"DOCUMENT INDEX
ITEM NO. 3 d "
CITY COMMISSION
MEETING OF
MAR 1 4
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WHEREAS, after discussion, attorneys for the St. Joe
Paper Company agreed to reduce the fee demanded for each appraiser
in the amount of $1,000 thus making their request for costs and
expenses $3,000 less than the aforesaid itemization or $33,138.25;
and
WHEREAS, after discussion, attorneys for the St. Joe
Paper Company have indicated their willingness to accept the
said sum of $33,138.25 or in the event this figure is unacceptable
to the City Commission of the City of Miami, to present the matter
to the Court for a determination of the amount of the costs and to
abide by the decision of the Court; and
WHEREAS, the attorneys for the St. Joe Paper Company
have agreed to execute a Stipulation for Dismissal of Cause on
the basis of the payment of the sum of $100,000 as attorneys'
fees as already provided
in Resolution No. 74-45 and to accept
payment of reasonable costs and expenses as set forth above or
to permit the Court to settle such costs and expenses after a
hearing in accordance with law; and
WHEREAS, the City Attorney has recommended that it is
in the best interest of the City of Miami to dispose of this
condemnation matter in the fashion as outlined above;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Attorney is authorized to execute
a stipulation dismissing the condemnation action styled The City
of Miami, Florida vs. The St. Joe Paper Campanv,in the Circuit
Court in and for Dade County, No. 73-2506 containing the conditions
that the City of Miami agrees to pay and the St. Joe Paper Company
has agreed to accept as payment in full of its attorney's fee in
- 2-
the cause the sum of $100,000, payable to Shutts & Bowen, counsel
of record for St. Joe Paper Company and the City of Miami Will
pay to the St. Joe Paper Company its reasonable costs incurred
in the cause; said reasonable costs having been determined to be
$33,138.25; and upon the further condition that a release is executed
for and on behalf of the St. Joe Paper Company by virtue of which
the St. Joe Paper Company releases The City of Miami from all
claims for damages the St. Joe Paper Company might have against
The City of Miami as a result of the aforementioned condemnation
action.
Section 2. The Finance Director of the City of Miami
is authorized to pay to the firm of Shutts & Bowen, Attorneys
for St. Joe Paper Company, the sum of $100,000 as attorneys' fees
and the sum of $33,138.25 for expenses, upon the execution of a
Stipulation of Dismissal of the action at law entitled "City of
Miami vs. St. Joe Paper Company, Circuit Court Case No. 73-2506
and upon an Order of the Court accepting said Stipulation dismissing
said action and upon the execution of a release releasing the
City of Miami from all claims for any damages that the St. Joe
Paper Company might have against the City of Miami as a result
of the aforementioned condemnation action.
Section 3. Resolution No. 74-45, previously passed
and adopted on January 15, 1974 is hereby rescinded.
PASSED AND ADOPTED this Ile day ofI , 1974.
PREPARED AND APPROVED AS TO
FORM AND CORRECTNESS:
JOHN S. LLOYD
CITY ATTORNEY