Res. No. 052-03-11601•
RESOLUTION NO.52-03-11 601
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
LITIGATION;AUTHORIZING CONTRACT WITH KURZBAN,
KURZBAN,WEINGER &TETZELL P.A.TO DEFEND
LAWSUIT BY MARK RICHMAN PROPERTIES,INC.;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,Mark Richman Properties.Inc.initiated litigation against the
City of South Miami in which it seeks specific performance under alease
agreement and,or,$4.5millionindamagesforan alleged breach of contract
pertaining tothe proposed development of theSW73Street parking lot;and,
WHEREAS,thecityattorneybelievesthatitisinthebestinterest of the
citytoretainspecialcounseltodefendthelitigationandhassecuredtheservices
of Mr.Steven M.Weinger of thelawfirm of Kurzban.Kurzban.Weinger &
Tetzeli,P.A.
NOW TFIEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI.FLORIDA;
Section 1.The engagement letter,datedApril9,2003.providing for
retainingMr.StevenM.Weinger of thelawfirm of Kurzban.Kurzban,Weinger
&Tetzeli.P.A.isapproved.Theengagementletterisannexedtothisresolutionas
exhibit A.
Section 2.This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 15th day of April,2003.
ATTEST:APPROVED:
CITY CLERK //MAYOR
Page1 of2
Additionsshownbyunderliningand deletions shownbyovorstriking.
Res.No.52-03-11601
READ AND APPROVED AS TO FORM:
COMMISSION VOTE:5-0
Mayor Feliu:Yea
Vice Mayor Russell:Yea
Commissioner Wiscombe:Yea
Commissioner Bethel:Yea
Commissioner McCrea:Yea
/g1^k//^
CITY ATTORNEY
\\Dell_6100\Documents\0022\DAJ\l7564.doc-CSM resoengageSteveWeinger
Pa°e 2 of2
LAW OFFICES OF
KURZBAN KURZBAN WEINGER AND TETZELI,P.A.
PLAZA 2650 TELEPHONE (305)444-0060
2650 S.W.27™AVENUE
SECOND FLOOR TELECOPIER
MIAMI,FLORIDA 33133 (305)444-3503
April 9,2003
Via Facsimile and Regular Mail
EarlE.Gallon,Esq.
Nagin Gallop Figuerede,P.A.
3225 Aviation Avenue
Suite 301
Miami,FL 33133
Dear Earl:
Itwasapleasurespeakingwithyouthis morning regarding our representation oftheCity
ofSouthMiamiinregardtoalawsuitwhichwasrecentlyfiledagainsttheCity.Asacourtesy,
andin accordance with our conversation,weare willing to reduce our standard hourly ratesto
assisttheCityinthismatter.
Our firm willrepresenttheCityforablendedrateof$250.00perhour.Thismeansthat
mytimewillbebilledat $250.00 per hour,substantially belowmystandardhourlyrate.
However,allother attorneys intheofficewhoassistinthecasewillalsobebilledatthisrate.I
willbepersonallyhandlingthispieceof litigation withassistancefrommypartnersand
associates in the firm.
Invoicesfor professional fees,costsand expenses shallberenderedonamonthlybasis.
WearenotrequiringaretainerfromtheCityofSouthMiamiandnotethatthereisnoconflict of
interest in our representation of theCityinthismatter.
If you have any questions,please feelfreeto contact me.
Sincerely,
AN KURZBAN WEINGER and TETZELI,P.A.
2
[.Wglnger
SMW/vfc
VED
MARKRICHMAN PROPERTIES,
INC.,
Plaintiff,
vs.
CITY OFSOUTHMIAMI,
Defendant.
INTHECIRCUIT COURT OFTHE
11TH JUDICIALCIRCUIT,IN AND
FOR MIAMI-DADE COUNTY,
FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.03-07058 (CA24)
/
COMPLAINT
Plaintiff,Mark Richman Properties,Inc.,sues defendant,the City of South
Miami,and states:
1.Mark Richman Properties,Inc.("MRP"),is a Florida corporation
having its principal place of business in Miami-Dade County,Florida.
2.The City of South Miami ("South Miami")is a Florida municipal
corporation.
3.On or about March 5,2002,MRP,as tenant,and South Miami,as
landlord,entered into the Lease Agreement,atrue and correct copy of which is
annexed as Exhibit A(exclusive of certain exhibits to the lease which are in South
Miami's possession and are omitted because of their bulk).
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4.All conditions precedent to the relief demanded herein have occurred
or have been performed,waived or otherwise excused.
COUNT I
SPECIFIC PERFORMANCE
5.MRP re-alleges as if fully set forth the allegations of paragraphs 1-4
above.
6.MRP has fully and diligently performed its obligations under the Lease
Agreement and remains ready,willing and able to further perform.
7.On December 17,2002,the South Miami City Commission voted not to
continue with the project contemplated by the Lease Agreement.South Miami's
architect and construction manager thereafter were instructed not to proceed with
the project and they,in fact,have ceased performing their duties for South Miami
necessary to South Miami's performance of the Lease Agreement.These actions
constitute a repudiation by the City of South Miami of its obligations under the
Lease Agreement and a material breach thereof.
8.On February 6,2003,MRP,through its counsel,delivered to the City
of South Miami by certified mail,return receipt requested,the demand letter,a true
and correct copy of which is annexed as Exhibit B.South Miami has failed and
refused to respond.
9.As a consequence of South Miami's repudiation of the Lease
Agreement,MRP will suffer incidental damages in excess of $33,000 per month for
9/S 39Vd 'ML\'Z[90-93-UVIN •8HI9&99S09 •imm Hinos do Alio :aq inb*
each month performance is delayed,which damages will existeven if a decrets of
specific performance is rendered.
WHEREFORE,MRPdemandsa judgment requiringtheCityof South Miami
to specifically perform the Lease Agreement,for its incidental damages and for such
other and further relief as may be appropriate.
COUNT n
BREACH OF CONTRACT
10.MRP re-alleges,as if fully set forth,the allegations of paragraph 1-4
and 6-8above.
11.By reason of South Miami's material breach ofthe Lease Agreement,
MRP hasbeen damaged in an amount exceeding $4.5 million.
WHEREFORE,MRP demands judgment for damages exceeding $15,000,for
its costs and for such other and further relief asmaybe appropriate.
HOLLAND &KNIGHT LLP
Attorneys for Plaintiff
701 Brickell Avenue
Suite 3000
Miami,Florida 33131
Tel:305-374-8500
Fax:305-789-7799
By:
MTAl #1200176 vl
Qft^OJ*-*
James D.Wing
Florida Bar No.195537
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