038-2001 LTC
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OFFICE OF THE CITY ATTORNEY
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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. Levy, Esq.
Tony Bello
Dale Wagner, Esq,
Terry S, Bienstock, P,A,
BIENSTOCK & CLARK
ATIORNEYS AT LAW
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(821001
1ijf) <j Mr.""", Sl ';",1.. 500
D'lnv~" !~O 80<'1)9 13031285 \380
Stub 10f 1
Check Date: 01/05/01
NO. 00001011
INVOICE NO. [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
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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