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
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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
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FORM APPROVED ,T
LE AL DEPT.
Date 3 3L
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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)