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277-97 RDA RESOLUTION NO. 277-97 A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY APPROVING THE NEGOTIATED SETTLEMENT REACHED IN MIAMI BEACH REDEVELOPMENT AGENCY v. AZCUI. ET AL, 11TH CIRCUIT COURT CASE NO. 89-23516, CONCERNING ATTORNEYS' FEES AND COSTS FOR PARCEL NO.3 THEREIN. WHEREAS, Attorney John C. Lukacs, outside counsel representing the Miami Beach Redevelopment Agency, has negotiated with Robert C. Byrne, Esquire, representing Parcel No. 3 in Miami Beach Redevelopment Agency v. Azcui. et al, with regard to the outstanding issue of attorneys fees and costs arising out of the condemnation by the Agency of said parcel; and WHEREAS, the negotiated sum for said fees and costs is in the amount of $43,700, contingent upon approval by the Agency; and WHEREAS, payment of the negotiated attorneys fees and costs will effectively conclude litigation concerning Parcel No. 3 in this action; and WHEREAS, in light of the above, the Agency's Executive Director and General Counsel recommend approval of the negotiated payment in the amount of $43,700. NOW, THEREFORE, BE IT DULY RESOLVED by the Chairman and Members of the Miami Beach Redevelopment Agency that the recommendation of the Executive Director and General Counsel concerning approval of the negotiated settlement of attorneys fees and costs in the amount of $43,700 concerning Parcel NO.3 in Miami Beach Redevelopment Agency v. Azcui. et al, 11th Circuit Court Case No. 89-23516, is hereby accepted, and said negotiated sum is hereby approved. Passed and Adopted this 4th APPROVED AS TO FORM & LANGUAGE & FOR EXECunON ATTEST: Ko W-- -fw..~ SECRETARY 1I&,!M' ~7 Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 Telephone: (305) 673-7193 Fax: (305) 673-7772 REDEVELOPMENT AGENCY MEMORANDUM NO. 97-18 DATE: June 4, 1997 TO: Chairman and Members of the Board of the Redevelopment Agency FROM: Jose GarCia-pedros~ Executive Director A Resolution of t Chairman and Members of the Miami Beach Redevelopment Agency Approving the Settlement Reached Regarding Attorneys' Fees and Costs for MERDA v. Azcui, et a1, Parcel No. 3 in the South Pointe Redevelopment Area. SUBJECT: RECOMMENDATION: Approve the Resolution. BACKGROUND: At the executive session held on May 21, 1997, John C. Lukacs, outside counsel to the Redevelopment Agency (Agency), reported on the negotiations for settlement of fees and costs for MBRDA v. Azcui, et aI, Parcel No.3. The attached letter from Mr. Lukacs recommends a settlement amount totaling $43,700. The funds will be allocated as follows: $15,000 to Kelly, Black, Black, Byrne and Beasley and Mr. Pilafian, $2,200 to the Urban Group, $6,000 to Calhoun & Associates, and $20,500 to Wiles, Daley & Pronske. ANALYSIS: The negotiated settlements as presented and approved at the above- referenced executive session is being brought to you for formal action. S()UTti 1)()1~r: l?edevel()pment UlstJict CIIT Cf:~f:l? l?ede"'el()pment UistJict AGENDA ITEM 2-B June 4, 1997 CONCLUSION: It is recommended that the Agency Board approve the settlement. Attachment JGP:~~SD:jm