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RESOLUTION NO.
A resolution of the Mayor and City Commission of the City of South
Miami, Florida instructing the City Manager and the City Attorney
on proceeding with the outstanding issues concerning the Municipal
Garage and the Lease Agreement with Mark Richman Properties;
and providing an effective date.
WHEREAS, the Committee of the Whole on March 23, 2010 discussed issues
with the Municipal Garage, and gave instructions to the City Manager and the City
Attorney; and
WHEREAS, it is appropriate that the aforesaid instructions be formalized by a
resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The Mayor and City Commission hereby retain Craig Z. Sherar,
P.A. to represent the City of South Miami in conjunction with issues under the Lease and
with the Property Appraiser, pursuant to the attached engagement letter dated March 24,
2010, which engagement letter is attached to and made a part of this resolution as though
fully set forth herein.
Section 2. The City Manager, City Attorney, and outside counsel shall
determine whether the failure to pay ad valorem taxes on March 30, 2010, because an
Appeal was filed, constitutes a default under the Lease. (Note: The taxes have been paid
as of March 30, 2010)
Section 3. The City Manager shall work with the Audit Committee to retain
an independent accounting firm to review the Lease, check for compliance, establish
actual capital costs and relevance of debt payments which information should be
furnished to the City Commission as soon as possible. The City Manager is to add this to
the scope of work to be done by the same -audit firm being selected by the Audit
Committee to perform the City's annual audit. The garage related audit work will be a
stand-alone report. Thus, the selection process for said auditor of the Garage will be the
same accounting firm that is being selected in the selection process currently underway
for annual audit of the City. The City Commission shall be the final authority for
awarding the audit agreement.
Section 4. The City Manager, City. Attorney, and outside counsel shall keep
the lines of communication open with the County Attorney and Property Appraiser in
addressing the situation wherein the Property Appraiser previously suggested that the
Garage and its actual space could be converted into a condominium. It should be clear
that the City has not made a final determination as to whether or not it is in the best
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interest of the City of South Miami to convert the Garage property into a condominium
and any such action may be done with approval by the City Commission
Section 5. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED THIS DAY OF 2010.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
LAURENCE FEINGOLD
CITY ATTORNEY
WAMy Documents resolutions \Resolution garage.newman.doc
Page 2 of 2
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
CRAIG Z. SHERAR
Coconut Grove Bank Building
2701 South Bayshore Drive, Suite 303
Coconut Grove, Florida 33133
(305) 858 -5500 Tel. 6• (305) 858 -4555 Fax
PERSONAL DATA
Born: Lancaster, California
Date of Birth: October 26, 1954
BARS ADMITTED
Florida - May 1979
TO PRACTICE
Court of Military Appeals - September 1979
Southern District of Florida - February 1980
Georgia - May 1980
Middle District of Georgia - June 1980
5th Circuit Court of Appeals - June 1980
11th Circuit Court of Appeals - October 1980
Colorado - January 2000
LAW SCHOOL
University of Miami
Juris Doctor conferred January 1979
Academic Distinction: Graduated upper third
Dean's list 3 semesters
COLLEGE
University of Utah, January 1976 - June 1976
M.A. Candidate, School of Middle East Studies
University of Utah, September 1972 - December 1975
B.A. Political Science
LEGAL August 1988 - Present
EMPLOYMENT Craig Z. Sherar, P.A.
2701 South Bayshore Drive, Suite 605
Coconut Grove, Florida 33133
December 1989 - November 1991
Traffic Magistrate
Dade County Court
January 1987 - August 1988
Attorney for Atkinson, Jenne, Diner, Stone & Cohen,
1946 Tyler Street, Hollywood, Florida 33020
June 1983 - January 1987: Attorney for Florida
Power & Light Company, 9250 West Flagler Street,
Miami, Florida 33174
July 1980 - June 1983: Judge Advocate General's
Corp., Defense Counsel 82nd Airborne Division,
Fort Bragg, North Carolina
June 1979 - June 1980: Judge Advocate General's
Corp., Legal Assistance Attorney, Fort Henning,
Georgia
June 1978 - June 1979: Legal Intern, Dade County
Public Defender's Office, Miami, Florida
February 2004 - February 2006: City Commissioner,
City of South Miami, Florida
CRAIG Z. SHERAR
RESUME - CONTINUED
OTHER April 1977 - October 1977: Researcher, Middle
EMPLOYMENT East Intelligence Reports, Forte Plaza, Miami,
Florida
January 1974 - September 1974: Heavy Equipment
Operator, Lornex Mining Corp., Logan Lake, B.C.
Canada
LAW Juan C. Alvarez, President
REFERENCES Universal Concrete and Ready Mix Corporation
10505 W. Okeechobee Rd., Suite 101
Hialeah Gardens, Florida 33018
(305) 512 -3400
Ronald F. Zollo
Engineering Analytics
2455 S.W. 27th Avenue
Suite 230
Miami, Florida 33145
Michael Yates
5975 Sunset Drive
Suite 602
Miami, Florida 33143
(305) 666 -8100
J.J Gullett
Gullett Title
401 St. Johns Avenue
Palatka, Florida 32177
(386) 326 -2955
RETAINER AGREEMENT
The City of South Miami, a political subdivision of the State of Florida, does hereby retain and
employ the legal services of CRAIG Z. SHERAR, P.A., Attorney at Law, as my attorney to represent us
in the following matter:
Legal representation concerning the lease known as the Mark Richman Properties
lease of the City's parking garage. Services will include, but not be limited to, review
of documents, negotiation of settlement, sending notices of default and litigation to
enforce or defend the lease on the property.
As compensation for your services, we agree to abide by the fees and costs as set forth herein and
agree to pay all expenses, including reasonable attorneys' fees, taxable costs, nontaxable costs and expenses,
and interest of 1 '/z % per month (18% per annum), for collection thereof:
The greater of a reasonable attorney's fees as determined by the
Court, or $250.00 per hour for Craig Z. Sherar, plus costs e.g_,
postage, filing and recording fees, couriers, photocopies, travel,
lodging, meals, express or other delivery charges, deposition
transcripts, computerized legal research and„ etc. These items are
separately itemized on the Firm's statements as expenses.
We understand and agree to pay the full fees and costs agreed upon herein in the event we discharge
you or retain substitute counsel prior to your completion of the matters specified herein.
We also understand and agree to remit all amounts due the Firm within 30 days of receipt of their
invoice. Failure to pay timely as well as any misrepresentation to our Attorney or disregard of our
Attorney's instructions will each be sufficient grounds for our Attorney's withdrawal from further
representation. Should withdrawal become necessary, we understand and agree that our Attorney will have
charging and /or retaining liens on all of our documents, work product and property in their possession.
The Firm makes no warranties as to the successful termination of the cause of action, and all
expressions made by anyone relative thereto are matters of opinion only.
The Firm has made no representations to the Client and the Client has not relied on any
representations which are not contained in the Engagement Letter or this Addendum.
We agree to give the Firm and any associate counsel designated by the Firm full cooperation at all
times, and shall be available to the Firm at all reasonable hours at the Firm's office or elsewhere as do all
matters for which the Client is represented by the Firm. If this matter involves litigation and if the Client
does not reside in the county where this matter is litigated, the Client understands that he or she may be
required to appear or its representative may be required to appear in person in said county for questioning
by opposing counsel prior to trial and will be required to appear in court in said county for trial of the cause.
This engagement is a contract to be construed under Florida Law and jurisdiction of any dispute
arising herefrom or otherwise will be the sole jurisdiction of the Courts of Miami -Dade County, Florida,
thus hereby waiving any rights, in particular, venue and jurisdiction, to the contrary.
The decision to settle a case is the sole decision of the client. The attorney may advise us about his
opinion of the case, but the decision to settle, and the consequences of that decision, are the sole
responsibility of the client. One of the consequences of not settling a case or taking it to trial is if we lose
we may be responsible for the other parties attorney fees.
The Firm will send bills on a monthly basis. Failure to object in writing to any costs in the bills
within 30 days from the date of the bills constitutes an admission that the bill is correct and due.
We agree to accept the above engagement upon the terms and conditions provided herein.
All persons signing this agreement, whether in an individual or representative capacity, guarantee
the payment of all monies due under this agreement.
DATED this day of , 2010.
CLIENT: City of South Miami
Signature
Title: Mayor
CONTACT INFORMATION:
Telephone No.
Mobile No.
Fax No.
Email Address:
Mailing Address: