Res. No. 138-04-11917RESOLUTION NO.138-04-1191 7
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
ATTORNEYS'FEES;APPROVING PAYMENT OF
ATTORNEYS'FEES FOR KURZBAN KURZBAN WEINGER &
TETZELI,P.A.IN THE AMOUNT OF $3,947.99;CHARGING
$3,947.99 TO ACCOUNT NO.1500-514-3450,OTHER
CONTRACTUAL SERVICES;PROVIDING AN EFFECTIVE
DATE.
WHEREAS,Mark Richman Properties,Inc.initiated litigation against the
City of South Miami in which it seeks specific performance under a lease
agreement and,or,damages foran alleged breach of contract pertaining tothe
proposed development of theSW73 Street parking lot;and,
WHEREAS,with thecity commission's consent,the city attorney retained
special litigation counsel,KurzbanKurzban Weinger &Tetzeli,P.A.to defend the
lawsuit;and,
WHEREAS,Kurzban Kurzban Weinger &Tetzeli,P.A.submitted its
invoice tothe City for legal services rendered,and costs advanced,forthe period
ending June30,2004,totaling $3,947.99;and,
WHEREAS,as of August 3,2004,the existing balance is $72,185.38 in
city attorney account no.1500-514-3450,other contractual services.
WHEREAS,the city attorney recommends payment of the attached invoice
asthe amount of fees and costs are reasonable and necessary.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The invoice for attorneys'feesand costs received from
Kurzban Kurzban Weinger &Tetzeli,P.A.totaling $3,947.99 is approved for
payment and charging theamounttoaccountno.1500-514-3450,other contractual
services.
Section 2.This resolution shall take effect immediately upon approval.
Additions shown by underlining and deletions shown by overstriking.
Res No.138-04-11917
PASSEDAND ADOPTED this 17thday of August,2004.
ATTEST:
CfTY CLERK
READ AND VED AS TO FORM:
CJJYlCTTORNEY
APPROVED:
X/va^-'S
COMMISSION VOTE:5-0
Mayor Russell:Yea
Vice Mayor Palmer:Yea
Commissioner Birts-Cooper:Yea
Commissioner Sherar:Yea
Commissioner Wiscombe:Yea
\\02srvplaw\prolaw\Documents\0022\REC\24616.doc -Reso.-KKW&T Invoice
Page2 of 2
To:
From:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Hakeem Oshikoya,finance director Date:August6,2004
Mayor andcity commission
Maria V.Davis,city manager
Luis R.Figueredo,city attorney Re:
to
Payment of Kurzban
Kurzban Weinger &
Tetzeli,P.A.Invoice for
$3,947.99
REQUEST
Payment of Kurzban Kurzban Weinger &Tetzeli,P.A.'s invoice number 10709 dated July 7,
2004 of $3,947.99 for services rendered in defense ofMark Richman Properties,Inc.v.City
ofSouth Miami,Case No.03-07058-CA-24 (Fla.11th Cir.Ct.2003).
BACKGROUND AND ANALYSIS
Mark Richman Properties,Inc.initiated litigation against the city in which it seeks specific
performance under a lease agreement and,or,$4.5 million in damages for an alleged breach
of contract pertaining to the proposed development of the SW 73rd Street parking lot.With
the city commission's consent,the city attorney retained special litigation counsel to defend
against the action.The total billed to date for fiscal year 2003-04 is $7,814.62.I recommend
payment of this invoice by the finance department as the amount of fees and costs are
reasonable and necessary.
CITY ATTORNEY ACCOUNT STATUS
This matter is charged to city attorney account no.1500-514-3450,other contractual services.
AsofAugust3,2004the account balanceis $72,185.38.
RECOMMENDATION
The finance department issue payment to Kurzban Kurzban Weinger &Tetzeli,P.A.
CITY OF SOUTH MIAMI
6130SunsetDrive,SouthMiami,Florida 33143
Vendor:Kurzban Kurzban Weinger &Tetzeli,P.A.
Finance Department
Req.No.47,FY 2003-04
Date:August 6,2004
Item
No.Quantity
Description and
Specifications Account Number Unit Price Total
1 1 Other Contractual
Services
1500-514-3450
TOTAL
Purchase Order No.Terms/Discount
IHerebyCertifyThatThe
Above Material,Equipment,
Or Service Is Essential And A
Proper Request AgainstThe
Codes Charge"''
Codingof Accounts Approved
Sufficiency of Appropriation
.Balances Verified (Except As
OtherwiseNoted)
Finance Department
$3,947.99 $3,947.99
$3,947.99 |
PurchasesasAboveApproved
and Issuance of Purchase Order
Authorized
City Manager
KURZBAN KURZBAN WEINGER &TETZELI,P.A.
2650 SOUTHWEST 27TH AVENUE,2ND FLOOR
MIAMI,FLORIDA 33133
(305)444-0060
TAX ID #59-1778659
CITY OF SOUTH MIAMI
C/O EARL E.GALLOP,ESQ.
3225 AVIATION AVENUE,SUITE 301
MIAMI,FL 33133
MARK RICHMAN PROPERTIES,INC.VS.CITYOF S.MIAMI
PAGE:1
07/01/2004
CLIENT NO:3917-0001M
STATEMENT NO:10709
05/05/04 P,REVIEWED STATUS,MEETING WITH CITY ATTORNEY OFFICE
05/20/04 RECEIVED AND INITIAL REVIEW OF PROPOSED SETTLEMENT
06/03/04 REVIEW OF DOCUMENTS;TELEPHONE CALL RE PROPOSED SETTLEMENT
TERMS
06/07/04 TELEPHONE CONFERENCE RE POSSIBLE SETTLEMENT
06/11/04 REVIEWED AND FULLY EDITED PROPOSED SETTLEMENT
06/16/04 REVIEWED REVISIONS AND AGREEMENT,EMAIL AND TELEPHONE CALLS
DRAFTMEMOOFLAWREMOTIONTODISMISS
06/17/04 DRAFT/RESEARCH MOTION DISMISS MEMO
06/21/04 WORK ON MEMO LAW;R&R MESS.RE HEARING FROM OPPOSING
COUNSEL;TELEPHONE CONFERENCE WITH JUDGE'S OFFICE
FOR CURRENT SERVICES RENDERED
05/04/04 FAX CHARGES
05/17/04 POSTAGE
06/11/04PHOTOCOPYCHARGE
06/11/04 PHOTOCOPY CHARGE
06/11/04 POSTAGE
TOTAL EXPENSES
04/07/04CAMPBELLAUTOPARK
05/01/04WESTGROUP-LEGALRESEARCH
TOTAL ADVANCES
TOTAL CURRENT FEES &EXPENSES
PREVIOUS BALANCE
05/19/04FEEPAYMENT RECEIVED
05/19/04 COST PAYMENT RECEIVED
EXPENSES
ADVANCES
PAYMENTS
HOURS
1.50
1.00
1.,00
0.,90
2 .80
1 .10
2 .70
2.20
1.90
15.10 3,775.00
6.00
0.37
0.30
0.60
0.37
7.64
8.00
157.35
165.,35
3,947,.99
$4,457,.82
-62 .50
-2 .67
•«•CITY OF SOUTH MIAMI
MARK RICHMAN PROPERTIES,INC.VS.CITYOFS.MIAMI
06/16/04 FEE PAYMENT RECEIVED
06/16/04 COST PAYMENT RECEIVED
06/16/04ADVANCEDCOSTSPAYMENTRECEIVED
TOTAL PAYMENTS
TOTAL BALANCE DUE
0-30
3,947.99
AGED DUE AMOUNTS
31-60 61-90 91-120
0.00 0.00 0.00
PAGE:2
07/01/2004
CLIENT NO:3917-0001M
STATEMENT NO:10709
121-180
0.00
-3,350.00
-34.64
-842.16
-4,291.97
$4,113.84
181+
165.85