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038-2001 LTC , ' OFFICE OF THE CITY ATTORNEY ~ rlJ/domi 1ImM F L o R D A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 L.T,C, No, :?R, 1.Ob I LETTER TO COMMISSION February 20,2001 TO: Mayor Neisen 0, Kasdin and Members of the City Commission Murray H, Dubbin, City Attorney A)f l~ Robert Dixon, Deputy City Attorney ~ FROM: RE: METROPOLITAN DADE COUNTY vs, RIFKININARRAGANSETT SOUTH FLORIDA CATV LIMITED PARTNERSHIP vs, THE CITY OF MIAMI BEACH Circuit Court Case No, 96-5454 CA-27 This lawsuit has been in litigation for over four (4) years and has recently been concluded with the mandate from the District Court of Appeal requiring judgment in favor of the City, a copy of which is attached hereto, As a result of this litigation, the City will receive $1,000,000,00, The first payment in the sum of$152,095.33, plus an additional payment for $125,000,00 has been received from Charter Communications, The approximate sum of$722,904,67 will be received from Miami-Dade County within the next few days. The draft is presently being prepared, A copy of the agreement with Rifkin Naarragansett which concluded the litigation is also attached. 1700 Convention Center Drive - Fourth Floor - Miami Beach, Florida 33139 IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO, 96-5454-CA-27 ----~ METROPOLITAN DADE COUNTY, Plaintiff, vs, RIFKININARRAGANSETT SOUTH FLORIDA CATV LIMITED PARTNERSHIP, Defendant/Third-Party Plaintiff, vs, ",', THE CITY OF MIAMI BEACH, ,!,. Third Party Defendant. I AGREED FINAL JUDGMENT PURSUANT TO MANDATE TLIS CAUSE having come before the Court upon Miami-Dade County's Motion for Partial Final Judgement Pursuant to Mandate, and the Court having reviewed the motion, having been informed the Parties agree to entry of this Final Judgm("nt, and being otherwise duly informed of the , premises, it is hereby ORDERED AND ADJUDGED: 1, In this case, Miami-Dade County sued Rifkin/Narragansett South Florida CATV Limited Partnership for certain categories of franchise fees, Rifkin impleaded the City of Miami Beach alleging that Rifkin has paid franchise fees relating to one of the categories ofthe dispute (i,e" the fees relating to the "grandfather" provision) to Miami Beach; and that if the Court found that CASE NO, 96-5454-CA-27 such fees should have been paid to Maimi-Dade, then Miami-Beach should be required to pay back to Rifkin those fees erroneously paid to Miami Beach, Moreover, going forward, Rifkin was subject to competing claims by both franchising authorities to certain portions of the same franchise fees, 2. On August 19, 1999, the Circuit Court entered final judgment in this matter for Miami-Dade against Rifkin and for Rifkin against Miami Beach, On May 31, 2000, the Third District Court of Appeals reversed and remanded, holding that Miami Beach and not Miami-Dade was entitled to the franchise fees arising from the "grandfather" issue, 3. Subsequent to this Court's August 19, 1999 opinion, all remaining issues between Miami-Dade County and Rifkin have been settled, Nothing herein shall disturb the settlement between Rifkin and Mi:"mi-Dade County relating to the other categories of franchise fees in dispute, Subsequent.to the May 31, 2000 Court of Appeals decision, all remaining issues between Rifkin and Miami Beach have been settled, 4, Accordingly, on the "grandfather" issue relating to franchise fees, judgment is entered for RifkinINarragansett South Florida CATV Limited Partnership and against Miami-Dade County, Miami-Dade is ordered to pay the City of Miami Beach the full balance of the escrow account in which it held this mom.; up until the date of payment, as agreed by Rifkin and Miami.Dade County, which balance is approximately the sum of$668,895 plus all interest eamed by Miami-Dade County on this sum, Upon payment of such sum by Miami-Dade County, all claims by or against Miami- Dade County stemming from this lawsuit shall be finished and Miami -Dade County shall take what it has recovered to date and shall go hence without day, - 2 - , . " CASE NO, 96-5454-CA-27 5, As Rifkin and the City of Miami Beach have reached a settlement as to all remaining issues, the parties agree that all remaining claims are hereby dismissed with prejudice and each party shall bear its own fees and costs, 0/ Copies to counsel: PAU[ SI t.: CIRCUIT JUDGE Jeffrey A, Jacobs, Esq, Thomas W, Logue, Esq, Robert Dixon, Esq. - 3 - " , BIENSTOCK & CLARK A Partnership Including Professional Associations FIRST UNION FINANCIAL CENTER SUITE 3160 200 SOUTH BISCA YNE BOULEVARD MIAMI. FLORIDA 33131-2367 T~ephone:305~73-1100 Facsimile: 305-358-1226 Jeffrey A, Jacobs e-Mail: JJacobS@Bienstock.com February 9,2001 Robert Dixon, Esq, Office of the City Attorney City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 Re: Metropolitan Dade County vs, Ritkin vs, City of Miami Beach Case No, 96-5454-CA-27 Dear Mr. Dixon: Thank you for taking the time to meet with us on Tuesday and last week regarding settling the above referenced litigation involving the City and Charter (as successor in interest to Rifkin). This letter sets forth the terms of the agreement outlined during our meeting as I understood them: 1. Charter, the City, and Miami-Dade County shall submit an agreed order to the court authorizing the County to pay the sum held in its escrow account to the City, The balance in that account is approximately $722,000,00. From that amount, the City will credit Charter as having paid the following amounts: $630,386,01 for the 1 % franchise fee paid into escrow since November 14, 1996; $47,847.56 for the 1 % franchise fee paid into escrow on January 25, 20001 for the most recent quarter, The remaining balance, estimated at this time at approximately $43,766.43 (calculated: $722,000 - 630,386,01 - 47,847.56), will be credited as a payment toward the agreed upon interest due of $95,000,00 (see #3 below); 2, Charter will pay the renewal fee of $125,000.00 already negotiated with the City in the context of its franchise renewal; 3. In settlement of the unpaid 4% franchise fee on franchise fees since October 1, 1986, Charter will pay the City the amount of $100,861.76 plus the remainder due on the $95,000,00 of interest discussed in paragraph 1, above (currently estimated at approximately $51,233,57). The figures contained in this paragraph are subject to change depending upon the final balance received by the City from the County; 4, The City agrees to take all steps necessary to complete the renewal of Charter's franchise before the end of February; BIENSTOCK & CLARK ATTORNEYS AT LAw Robert Dixon, Esq, February 9, 200 I Page 2 5, The parties agree to file with the court an agreed proposed final judgment dismissing all claims with prejudice and stating that each party shall bear its own costs and attorneys fees, Altogether, the City will be receiving $1 Million in settlement of this litigation, This settlement will serve as a final release of all claims that were brought or could have been brought between the City of Miami Beach and Charter and its predecessors-in-interest, including any claims for franchise fees, interest, attorney's fees and costs by any party, If these terms do not accurately reflect the agreement proposed, please let me know as soon as possible, If these terms are acceptable to the City as set forth above, please indicate as such below and I will have a representative of Charter do the same, v~ Agreed On Behalf of The City of Miami Beach: Agreed On Behalf of Charter Communications, Inc,: ~to~~~ Dated: 2./ ;z Ie, ,ij(!d~ ItUrur ( , Dated: :J-1,'-/loI - cc via facsimile: Lawrence A. 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[lATE DESCRIPTION GROSS DEDl'CTIONS AMOUNT PAID 010201 01/02/01 125,000 .00 125,000.00 - - - - - ~ - - - - ~ . - . - - - - - - - - - - - - - ~ - - - - 125,000.00 125,000.00 RECEIVED JAM . m CIlItlI< ~ 12401 kaluntirw llepl '. . 153443 CITY OF MIAMI BUCH 360 S. Monroe St.. Suite 500 Denvor, CO 80209 13031285-1880 153443 DATE 01/05/01 AMOUNT $***125,000.00 PAY ONE HUNDRED TWENTY FIVE THOUSAND AND 00/100 ......****..******.......**...........** TO THE ORDER OF CITY OF MIAMI BEACH 1700 CONVENTION CENTER DR MIAMI BEACH FL 33139- ~ THE FhL.: 01" HUS -::HE'~1'f' t ",5 1- II() ;1 '-E.,.-,l' 1FC: ~,:, \r~ ll~-J.RA:~!-> l\ fA C~(:'T, 1:11: ';<,,;r.: ...JER AND A SECURITY BACKER 1821001 . . 360 S "-I"""".. Sr. S''''fl '>CO , D~r",o/..!', ell 3c)~09 D03l 235 1 sao Stub lof 1 Check Date: 02/15/01 NO. 00004357 INVOICE NO. DATE OESCRIP'fION GROSS OEOUCTIONS AMOUNT PAID 021401 02/14/01 FEES OWED TO CITY OF MB 152,095.33 152,095.33 - - - - - - - - - - - ----------- - - - - - - - - - - - 152,095.33 152,095.33 , ~ RECEIVED --- , FEB 16 DII! ~ CIlamr . 12.01 Al:aluIIq B6195 CITY OF MIAMI BEACH 360 $. Monroe St.. Suite 500 Oenvor. CO 80209 13031 285.1880 136195 DATE 02/15/01 AMOUNT $***152,095.33 PAY ONE HUNDRED FIFTY TWO THOUSAND NINETY FIVE AND 33/100 *..*."'...*....*..***..*.***.... TO THE ORDER OF CITY OF MIAMI BEACH FRANCHISE FEES 1700 CONVENTION CTR. DR MIAMI BEACH FL 33139-2032 .~ THE FACr :t=" I-I.) C....=CK .nSf ,fer FE....nJf;;: ~f. 'F:-GAA~H. h \u::;:-UI',.7E F<:A.....:=R AND A SECURITY BACKER