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Resolution 86-18416 RESOLUTION NO. 86-18416 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING SETTLEMENT OF $160,000.00 AS TOTAL PAYMENT FOR COSTS AND ATTORNEY'S FEES FOR PARCEL NUMBERS 1, 4, 5 AND 6 INVOLVED IN THE EMINENT DOMAIN ACTION STYLED CITY OF MIAMI BEACH V. ABE RESNICK, TRUSTEE, ET AL. AND APPROPRIATING $52,100.00 FROM METERED PARKING BOND FUND 382 FOR SAID PURPOSE. WHEREAS, on February 15, 1985, the City of Miami Beach, Florida, instituted an eminent domain action styled City of Miami Beach v. Abe Resnick, Trustee, et al, Case No. 85-06407, for the purpose of acquiring six (6) parcels of property in Miami Beach for the construction of the 41st Street Off-street Parking Project; and WHEREAS, Stipulated Final Judgments have been entered as to all of the six (6) parcels, said Stipulations designating the full payment for the property excluding attorney' s fees and costs; and WHEREAS, pursuant to Florida Statute §73.091, the City, is responsible for paying reasonable costs and attorney' s fees relative to the condemnation proceedings; and WHEREAS, the Court has awarded Laurence Feingold, Esquire, of . Fuller and Feingold, P.A. , $22,900 as costs and $175,000.00 as attorney' s fees for his representation of parcel numbers 1, 4, 5 and 6 in the subject eminent_ domain action; and WHEREAS, in City of Miami Beach Resolution No. 86-18394 , the City Commission authorized appropriation of $22,900 as costs, and in Resolution No. 86-18395 , the Commission authorized $85,000.00 as partial payment of Attorney' s Fees to Fuller and Feingold, P.A. ; and WHEREAS, Attorney Feingold has offered a settlement figure of $160,000. 00 in satisfaction of all attorney' s fees and costs for parcel numbers 1, 4, 5 and 6; and WHEREAS, the time and effort to be expended in appealing the attorney' s fees award versus the proposed settlement figure has been determined by the City Attorney to warrant acceptance of said figure; and -1- .' f + WHEREAS, funding in the amount of $52,100. 00 ($160 ,000.00 less $85,000.00 (partial attorney' s fees) and $22,900.00 (costs) ) is available in the Metered Parking Bond Fund. NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the appropriation of $52,100.00 be made into Work Order 2952 from the Metered Parking Bond Fund (382) and authorization to spend be granted. BE IT ALSO DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the determination of the City Attorney regarding the settlement of $160,000.00 as Attorney' s fees and costs for parcel numbers 1, 4, 5 and 6 is hereby accepted. PASSED and ADOPTED this 2nd day of April 1986. VICE MAYOR ATTEST: CITY CLERK JKO/rg FORM APPROVED ,T LE AL DEPT. Date 3 3L -2- ORIGINAL RESOLUTION NO. 86-18416 (Authorizing settlement of $160,000,00 as total payment for costs and attorney's fees for parcel numbers 1, 4, 5 and 6 involved in the eminent domain action styled City of Miami Beach V. AbeResnick Trustee, ET AL. and appropriating $52,100.00 from metered parking bond fund 382 for said purpose)