95-21775 Reso RESOLUTION NO. 9 5-217 7 5
A RESOLUTION OF THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND ACCEPTING THE
SETTLEMENT OFFER IN CITY OF MIAMI BEACH V.
SHANAHAN,TRUSTEES,ET AL,CONCERNING PAYMENT
OF $40,000 FOR ATTORNEY'S FEES AND COSTS AND
FURTHER AUTHORIZING THE APPROPRIATION OF
$40,000 FROM PARKING FUND 485 INTO WORK ORDER
NUMBER 485-2101-06935.
WHEREAS, on May 27, 1993, the City of Miami Beach, Florida instituted an eminent
domain action styled City of Miami Beach v. Shanahan Trustee,et al, Case Number 93-09906 (CA-
01) for the purpose of acquiring a multi-unit apartment building at 10th Street and Collins Avenue
in Miami Beach for the construction of a municipal parking garage; and
WHEREAS, on March 9, 1994, Petitioner City filed its Notice of Voluntary Dismissal of
Eminent Domain Proceedings in City of Miami Beach v. Shanahan; and
WHEREAS,as set forth more specifically in the attached September 5, 1995 correspondence
from City of Miami Beach outside counsel John C. Lukacs, Esquire, the City Attorney's offer
(subject to approval by the Miami Beach City Commission)made to Respondent/property owner's
counsel, Mark Tobin, of$40,000 in full settlement for attorney's fees and costs incurred in this
proceeding has been accepted by Attorney Tobin;and
WHEREAS, in light of the Voluntary Dismissal of this cause, resolution of the matter of
attorney's fees and costs will resolve all outstanding issues in this litigation.
NOW, THEREFORE, BE IT DULY RESOLVED by the Mayor and City Commission
of the City of Miami Beach, Florida that:
1. The Mayor and City Commission finds, determines, and declares that the matter set
out in the foregoing recitals are true and correct, and they are hereby incorporated as part of this
Resolution; and
2. The City Attorney's recommendation concerning acceptance of the settlement offer
of$40,000 for attorney's fees and costs incurred by Petitioner in this matter concerning 1051 Collins
Avenue, Miami Beach, legally described as Lot 15, Block 15, Ocean Beach Addition No. 2, Plat
Book 2, Page 56, Public Records of Dade County, Florida, is hereby accepted and approved; and
3. The Mayor and City Commission have authorized the appropriation of$40,000 for
attorney's fees and costs for the final settlement of 1051 Collins Avenue in City of Miami Beach
v. Shanahan, Trustee, et al, said monies representing total remaining payment due Respondent
(representing costs and attorney's fees),and further authorizing that the appropriation of said monies
be made into Work Order Number 485-2101-069358 from the Parking fund, number 485.
PASSED and ADOPTED this 11th day of October , 1995.
I
ATTEST: vaIn /
MAYOR
s ) C TY CLERK
FORM APPROVED
JKO:scf:6.ocomm.itemslshanahanses LEGAL DEPT.
By
Date <�
LUKACS & LUKACS, P.A.
ATTORNEYS AT LAW
I825 CORAL WAY
MIAM I, FLORIDA 33145-2730
JOHN LUKACS
MIAMI (305)856-9600
JOHN CHARLES LUKACS
1800)842-9696
ROBIN ALAN LUKACS
September 5, 1995
-43
—00
Murray H. Dubbin, Interim City Attorney :� gip. 4. ,
City of Miami Beach (`"}
City Hall - 4th Floor 2! a) 1T)
1700 Convention Center Drive -t
Miami Beach, Florida 33139 v: 3
1,2
rn
RE: City of Miami Beach v. Shanahan, Trustee, et al . ram,-'
Case No. Case No. 93-09906 (CA-01)
Dear Mr. Dubbin:
When we last met one of the items discussed was the pending motion
to tax attorneys fees and costs in the referenced eminent domain
proceeding. As I explained, this proceeding involved the City's proposed
taking of a multi-unit apartment building at 10th Street and Collins
Avenue for the construction of a municipal parking garage. During the
pendency of the proceedings, the City decided not to proceed with this
acquisition and authorized the voluntary dismissal of the proceedings.
Enclosed is a copy of my letter to Mr. Feingold confirming the same and
advising of the City's liability for the payment of attorneys fees and
costs.
Subsequent to the voluntary dismissal of this case, the property
owner's attorney, Mark Tobin of Toby Brigham's firm, filed his Motion to
Tax Attorneys Fees and Costs. Mr. Feingold authorized me to offer the
total sum of $35, 000.00 for attorneys fees and costs in this matter. A
copy of my letter to Mr. Feingold dated May 24, 1994 and h.Is handwritten
notations thereon confirming same is enclosed. This offer was rejected
by Mr. Tobin.
When we last met, I requested your authorization to offer Mr. Tobin
$40, 000. 00 in full settlement of all fees and costs incurred in this
proceeding. You advised that I could do so subject however to City
Commission approval. I extended a conditional offer of settlement to
Mr. Tobin which he has accepted. Mr. Tobin had scheduled a hearing on
his motion for September 12 , 1995. I asked Mr. Tobin to cancel the
hearing given his acceptance of the conditional offer of settlement,
which he agreed to do. I explained to Mr. Tobin that it was unlikely
that this matter could be brought before the City Commission at its
first meeting this month as I anticipated a full agenda given the fact
the Commission did not meet in August.
Murray H. Dubbin, Interim City Attorney
September 5, 1995
Page 2
Please let me know when we can schedule this matter for consider-
ation by the Commission. Thank you.
VT/ y ,
0re
John C. Lukacs
For the Firm
1974 : 02/fmc
Enclosure
c: Harry Mavrogenes, Director Design Development & Historic Pres. Dept.
Marla S. Dumas, Redevelopment Coordinator
LUKACs & LUKACS, P.A.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 7 4 I -95
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: September 27, 1995
FROM: Jose Garcia-Pedrosa /
City Manager
SUBJECT: A RESOLUTION c ' E MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,APPROVING AND ACCEPTING THE
SETTLEMENT OFFER IN CITY OF MIAMI BEACH V. SHANAHAN,
TRUSTEES, ET AL, CONCERNING PAYMENT OF $40,000 FOR
ATTORNEY'S FEES AND COSTS AND FURTHER AUTHORIZING THE
APPROPRIATION OF $40,000 FROM PARKING FUND 485 INTO WORK
ORDER NUMBER 485-2101-06935.
ADMINISTRATION RECOMMENDATION:
It is recommended that the Mayor and City Commission adopt the attached resolution approving and
accepting the settlement offer in City of Miami Beach V. Shanahan, Trustees, et al, concerning
payment of$40,000 for attorney's fees and costs and further authorizing the appropriation of$40,000
from Parking Fund 485 into Work Order No. 485-2101-06935.
BACKGROUND:
In developing plans for a new garage at 10th Street and Collins Avenue,the City attempted to obtain
properties on both sides of the two City-owned mid-block lots. The lot to the south was ultimately
acquired. The City began eminent domain proceedings on the parcel to the north,containing a multi-
unit apartment building. Due to the high costs of acquisition,the City concluded that it would be
more cost effective to dismiss the eminent domain proceedings.
The other parry's attorney, Mark Tobin, has put in a claim for attorney's fees and costs incurred in
defending his client in the eminent domain proceedings.
ANALYSIS:
The City Attorney's office has made an offer of$40,000 in full settlement for all attorney's fees and
costs.
The City Attorney believes that this is a fair and final settlement and will resolve all outstanding
issues in the litigation. AGENDA -7
ITEM ( e_
-
DATE ( 0 -1\—_1
CONCLUSION:
The Mayor and City Commission should adopt the attached resolution.
JGP:jph
Attachment