02-03-04 Item 11- CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor, city comm'n - a ! January 21, 2004
Maria Davis, city manager
Hakeem Oshikoya, finance Wdirec r
From: Ea G.. Gallop, city attorney Re: Resolution Approving Attorneys'
Fees and Costs to Kurzan, Kurzban,
40 Weinger & Tetzeli, P.A.
Subject: Payment of $2,325.09 (Invoice Nos. 9836 and 9918 dated November 30, 2003 and
December 31, 2003, respectively) to Kurzban Kurzban Weinger & Tetzeli, P.A. for services
rendered in defense of Mark Richman Properties, Inc. v. City of South Miami, Case No. 03-
07058 -CA -24 (Fla. l lth Cir. Ct. 2003).
Discussion: 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
$3,522.65. I recommend approval of the invoice for payment as the amount of fees and costs
are reasonable and necessary.
Recommendation: Approve the resolution authorizing payment of the invoice.
CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami, Florida 33143
Vendor: Kurzban Kurzban Weinger & Tetzeli, P.A. Req. No. 16, FY 2003 -04
Date: January 21, 2004
Finance Department
Item
No.
Quantity
Description and
Specifications
Account Number
Unit Price
Total
1
1
Other Contractual Services
1500 -514 -3450
$2,325.09
$2,325.09
— Outside Counsel
TOTAL $2,325.09
Purchase Order No. I Terms /Discount
I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved
Above Material, Equipment, and Issuance of Purchase Order
Or Service Is Essential And A Authorized
Proper Request Against The
Codes Charge Sufficiency of Appropriation
Balances Verified (Except As
Otherwise Noted)
ead of Department Finance Department City Manager
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RESOLUTION NO.
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 $2,325.09; CHARGING
$2,325.09 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 for an alleged breach of contract pertaining to the
proposed development of the SW 73 Street parking lot; and,
WHEREAS, with the city commission's consent, the city attorney retained
special litigation counsel, Kurzban Kurzban Weinger & Tetzeli, P.A. to defend the
lawsuit; and,
WHEREAS, Kurzban Kurzban Weinger & Tetzeli, P.A. submitted its
invoices to the City for legal services rendered, and costs advanced, for the periods
ending November 30, 2003 and December 31, 2003, totaling $2,325.09; and,
WHEREAS, the city attorney recommends payment of the attached
invoices as the 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 invoices for attorneys' fees and costs received from
Kurzban Kurzban Weinger & Tetzeli, P.A. totaling $2,325.09 are approved for
payment and charging the amount to account no. 1500 -514 -3450, Other
Contractual Services.
Section 2. This resolution shall take effect immediately upon approval.
Additions shown by underlining and deletions shown by everstrikin .
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PASSED AND ADOPTED this
day of February, 2004.
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ATTEST:
APPROVED:
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CITY CLERK
MAYOR
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COMMISSION VOTE:
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READ AND APPROVED AS TO FORM:
Mayor Feliu:
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Vice Mayor Russell:
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Commissioner Wiscombe:
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CITY ATTORNEY
Commissioner Bethel:
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Commissioner McCrea:
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\ \02srvplaw \prolaw \Documents \0022 \DAJ\21228.doc - Kurzban Dec 03 and Jan 04 Statements
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