01-15-02CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: January 15, 2002 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: January 22, 2002 Phone: (305) 663 -6340
Time: 7:30 PM
City of South Miami Ordinance No. 10 -00 -1712 requires
all lobbyists before engaging in any lobbying
activities to register with the City Clerk and pay an
annual fee of $125.00. This applies to all persons who
are retained (whether paid or not) to represent a
business entity or organization to influence~ "City"
action. "City" action is broadly described to inc=lude
the ranking and selection of professional consultants,
and virtually all - legislative, quasi- judicial and
administrative action. It does not apply to not-for-
profit organizations, local chamber and merchant
groups, homeowner associations, or trade associations
and unions.
CALL TO ORDER:
A. Roll Call:
B. Invocation
C. Pledge of Allegiance:
D. Presentation(s) (6 :00 p.m.)
Employees' Recognition
REGULAR CITY COMMISSION 1
AGENDA - January 15, 2002
f
South Miami
Y ~
O 1i YF F tiL >} J
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: January 15, 2002 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: January 22, 2002 Phone: (305) 663 -6340
Time: 7:30 PM
City of South Miami Ordinance No. 10 -00 -1712 requires
all lobbyists before engaging in any lobbying
activities to register with the City Clerk and pay an
annual fee of $125.00. This applies to all persons who
are retained (whether paid or not) to represent a
business entity or organization to influence~ "City"
action. "City" action is broadly described to inc=lude
the ranking and selection of professional consultants,
and virtually all - legislative, quasi- judicial and
administrative action. It does not apply to not-for-
profit organizations, local chamber and merchant
groups, homeowner associations, or trade associations
and unions.
CALL TO ORDER:
A. Roll Call:
B. Invocation
C. Pledge of Allegiance:
D. Presentation(s) (6 :00 p.m.)
Employees' Recognition
REGULAR CITY COMMISSION 1
AGENDA - January 15, 2002
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ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes Regular Meeting December 4, 2001
2. City Manager's Report
3. City Attorney's Report
CONSENT AGENDA
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S
FEES; APPROVING ATTORNEY'S FEES FOR STEPHEN D. PEARSON
IN THE AMOUNT OF $1,800.00; CHARGING THE DISBURSEMENT
TO ACCOUNT NO 1500- 514 -3450; CONTRACTUAL SERVICES;
PROVIDING AN EFFECTIVE DATE 3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENGAGE MERRILL LYNCH TO PERFORM A COMPLIANCE
AUDIT OF THE CITY'S PENSION PLAN FOR A FEE NOT TO
EXCEED $9,500; CHARGING THE AMOUNT TO THE CITY EMPLOYEE
PENSION FUND; PROVIDING AN EFFECTIVE DATE. 3/5
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S
FEES'; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $5,325.50; CHARGING
$928.25 TO ACCOUNT NO. 1500 - 514 -3435, REAL
PROPERTY /FORECLOSURE; CHARGING $3,597.00 TO ACCOUNT NO.
1500- 514 -3410, LEGAL SERVICES, NON - RETAINER; AND
CHARGING $800.25 TO ACCOUNT NO. 608 - 1910 - 521 -3100,
PROFESSIONAL SERVICES, FORFEITURE; PROVIDING' AN
EFFECTIVE DATE. 3/5
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
There are none
RESOLUTION (S) /PUBLIC HEARING (S)
There are none
RESOLUTION (S)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCE;
REGULAR CITY COMMISSION 2
AGENDA - January 15, 2002
AUTHORIZING THE CITY MANAGER TO NEGOTIATE A BRIDGE LOAN
FOR AN AMOUNT NOT TO EXCEED. $2,100,000.00 AND A
PERMANENT LOAN FOR AN AMOUNT NOT TO EXCEED $8,500,00.00
FOR THE DESIGN AND CONSTRUCTION OF A PUBLIC PARKING
GARAGE PROJECT LOCATED S.W. 73rd STREET FOR REFINANCING
THE PROPERTY WHICH CONSTITUTES MARK RICHMAN PROPERTIES
CONTRIBUTION TO THE PROJECT; PROVIDING AN EFFECTIVE
DATE.
ORDINANCE (S) FIRST READING
There are none
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF
THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING
PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION
SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE
THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION. 'If
PUBLIC REMARKS
COMMISSION REMARKS`
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
REGULAR CITY COMMISSION 3
AGENDA = January 15, 2002
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Comm'n.. Date: January 9, 2002
Charles Scurf, City Mgr.
Hakeem Oshikoya, Fin. Dir. 4
From: Earl G. Gallop, City Attorney Re; Resolution approving payment of
fees and costs for Van Smiths'
attorney
Subject: Approval of payment of $1,800.00 to Stephen D. Pearson, Esq., counsel for the
Van Smith heirs.
Discussion: On January lb, 2001, the Mayor and City Commission of the City of South
Miami approved Resolution No. 14 -01 -11162 approving an option contract to purchase real
estate located at 7800 SW 59 Avenue, commonly referred to as the Hammock House. The
contract may be extended to December 31 2002, upon payment by City of the 1999 ad
valorem taxes.
Under the contract, the City agreed to advance the cost of counsel for the Van Smith
heirs for an amount not to exceed $ 1,800. The Van Smith counsel fees will be credited to the
amount owed by the City at the time of closing, or, in the event the City does not purchase
the property, the counsel fees will be reimbursed to the City. Mr. Stephen D. Pearson, Esq.,
counsel for the Van Smith heirs, submitted an invoice for services rendered from May 17,
2001 to 11/28/01, $1,800.00 of which is chargeable to the city.
The fees and costs are reasonable and necessary. The City is obligated under the
contract to payment the invoiced amount of $1,800.00
Recommendation: Approve the resolution authorizing payment of the invoice.
I RESOLUTION NO.
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4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
6 ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR
7 STEPHEN D. PEARSON IN THE AMOUNT OF $100.00;
8 CHARGING THE AMOUNT TO ACCOUNT NO. 1500 -514 -3450,
9 CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE
10 DATE.
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13 WHEREAS, on January 16, 2001 the Mayor and City Commission of the
14 City of South Miami approved Resolution No. 14 -01 -11162 approving an option
15 contract to purchase real estate located at 7800 SW 59 Avenue, commonly
16 referred to as the Hammock House; and,
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18 WHEREAS, the contract may be extended to December 31, 2002 upon
19 payment by the City of the 1999 ad valorem taxes; and,
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21 WHEREAS, the City agreed to advance the cost of counsel for the Van
22 Smith heirs for an amount not to exceed $1,800; and,
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24 WHEREAS, the Van Smith counsel fees will be credited to the amount
25 owed by the City at the time of closing, or, in the event the City does not purchase
26 the property, the counsel fees will be reimbursed to the City; and,
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28 WHEREAS, Mr. Stephen D. Pearson, Esq., counsel for the Van Smith
29 heirs, submitted an invoice for services rendered from May 17, 2001 to 11/28/01,
30 $1,800.00 of which is chargeable to the city, and the City Attorney approves the
31 invoice for services rendered. The original invoice is attached.
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33 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
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36 Section 1. The invoice for attorneys' fees and costs received from
37 Stephen D. Pearson, Esq -, in the total amount of $1,800.00 is approved for
38 payment and the amount is charged to account no. 1500 -514 -3450
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40 Section 2. This resolution shall take effect immediately upon approval.
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42 PASSED AND ADOPTED this 15th day of January, 2002.
Additions shown by underlining and deletions shown by ever-s4fitg.
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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 Robaina:
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Vice Mayor Feliu:
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Commissioner Wiscombe:
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CITY ATTORNEY
Commissioner Bethel:
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Commissioner Russell:
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15 \\Dell 6100\Documents \City of South Miami \0022 - 001 \12376.doc - attorney's fees/Pearson
Page 2 of 2
ALaw Office of
'STEPHEN D. PEARSON, Esq.
13866 SW 151 Lane Ph: (305) 259 -8006
Miami, Florida 33186 Fax: (305) 9714888
INVOICE
TO: City of South Miami
c/o Earl G. Gallop, Esq.
Nagin Gallop Figueredo P.A.
3225 Aviation Avenue, Third Floor
Miami, Florida 33133 -4741
RE: Sale from Van Smith to City of South Miami
Previous Balance $ 0.00
Current Amount $ 1,800.00
Amount Paid $( 0.00)
Total Due $ 1,800.00
ITEMIZATION OF CURRENT CHARGES
DATE TIME DESCRIPTION
DATE: December 3, 2001
CLIENT NO.: 435 -01
05/17/01 0.9 hrs Review additional title documents sent by Attorneys Title. P/C
with G. Van Smith re death certificates and P/C with court to
determine status of divorce file
05/22/01 1.4 hrs. P /Cs with Garrett and Anthony Van Smith, Harry Geissinger,
Dade County courts and Bureau of Vital Statistics re:
marriage, divorce and deaths ofHoward and Anne Van Smith.
Draft letter to Bureau of Vital Statistics to request death
certificates and dissolution of marriage.
06/14/01 1.6 hrs. P /Cs with Bureau of Vital Statistics re: death and dissolution
certificates. P/C with A. Van Smith re: status on various
issues. Review file and P/C with H. Guissinger re: facts and
affidavit to be executed by Guissinger.
06/15/01 0.4 hrs Review divorce decree and property settlement agreement
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07/18/01 1.7 hrs. Draft letter to L. Figueredo explaining title issues and
transmitting various title documents
09/21/01 0.6 hrs. Draft letter to G. Lott re: status and issues for litigation
10/15/01 2.0 hrs. Review memo and draft pleadings and related documents from
G. Lott. Phone conference with G. Lott re: same. Draft
suggested revisions
10/18/01 0.3 hrs. Draft memo to G. Lott and fax suggested revisions to
pleadings.
10/26/01 1.6 hrs P /Cs with G. Lott and review and revise various pleadings and
documents for litigation
11/20/01 0.3 hrs P /Cs with G. Lott and M. Roth re: execution of documents by
M. Van Smith
11/21/01 1.1 hrs. P /Cs with paralegal in Boston and draft memo re execution of
documents by M. Van Smith
11/28/01 1.0 hrs Review execution of all documents needed for litigation and
addendum to contract and phone conference with G. Lott re;
same.
TOTAL HRS.: 12.9 hrs.
Fees ° 12.9 hrs. at $150.00 per hour
$ 1,935.00
Costs = Postage
$ 3.54
Telecopies, copies and misc costs
$ 72.56
Bureau of Vital Statistics
$ 21.00
Telephone Charges
$ 7.10
Federal Express charges
$ 20.00
Fee to Notary to meet with M.Van Smith to
execute various documents needed for litigation $150.00
TOTAL CURRENT CHARGES
$ 2,209.20
Less Overage for Cap on fees and costs
409.20
TOTAL CURRENT CHARGES DUE
$1,800.00
This invoice is due upon receipt. Please pay promptly.
435 -1.402
Thank you for the opportunity to be of service to you with respect to your legal needs
2
TWO DATRAN CENTER, SUITE 1701
0EorcG K J. Lo -rY 9130 SO. DAOELAND BOULEVARD
KjcnA.Br. D. LavINB uesa -toon) MIAMI. FLORIDA 33156
TELEPHONE 13051 670 -0700
rAX (306) 670 -0701
December 20, 2001
Stephen D. Pearson, Esq.
13866 S.W. 151 Lana
Miami, Florida 33186
RE: Estate of Anne Van Smith
Dear Mr. Pearson:
I am pleased to fax to you a copy of the Order signed this morning admitting Mrs. Van Smith's
Will to probate and the Letters of Administration appointing the two sons as Co- Personal Representatives
of the Estate. I was also successful in convincing the Judge to allow Mr. Van Smith's estate to be opened
in Dade County rather than Broward County. I will keep you posted.
GJL:am1
cc: Earl Gallop, Esq.
5
Dec 20 01 05:01p Lott & Levine 13051 670 -0701 p.3
IN RE: ESTATE OF
IN THE CIRCUIT COURT FOR DADE COUNTY, FLORIDA
PROBATE DIVISION
ANNE VANSMITH
File Number
Deceased. Division _
LETTERS OF ADMINISTRATION `
(multiple persona( representative)
TO ALL WHOM IT MAY CONCERN -
WHEREAS, GARRETT VANSMITH and ANTHONY VANSMITH, a resident of Dade County, Florida, don -'
February 9, 1994, owning assets in the State of Florida, and N
WHEREAS, GAR1iEFF VANSMITH and ANTHONY VANSMITH have been appointed co-personal representatives of the
estate of the decedent and has performed all acts prerequisite to issuance of Letters of Adtninisttation, in the estate,
NOW, THEREFORE, I, the undersigned Circuit Judge, declare GARRETT VANSMITH and ANTHONY VANSMITH duly
qualified under the laws of the State of Florida to act as Co-Personal Representatives of the estate of ANNE VANSMITH,
deceased, with full power to administer the estate according to law; to ask, demand, sue for, recover and receive the property of the
decedent; to pay the debts of the decedent as far as the assets of the estate will permit and the law directs; and to make distribution
of the Estate according to law.
ORDERED on this` , ' of 2001, at Chambers, in
THEMSONAL REPXWWrATryEgyA[tKpCEanL
LIQUID ASSETS IN A ospoSITcRY OESIGNATFpsy
THE COURf PURSUANT to THE R96 69.03L
THIS IS A MZW ACCOUNT V!IMICH
MEANS THAT ND FUNDS CAN Be
WIrHORAWN WIINOL•T oROER op
11) TWE al7:T aOR DA W-Al. ESTATE
IS "OLD- Trl,: Ill 011 M OF SALE
SHALL K rAw'4 • D IM A COURT
�' '!EXRED DEPIOSShM. M F.S.69.031
INVE -NTORY SHALL BE
FILED WITHIN 60 DAYS
e
STATE OF FLORIDA
COUNTY OF DADE
I, THE 0- VERSIOVED, Deputy Clerk, Circuit Court, oada
ATTORNEY Coun i, Florida, CO HEREBY CE TIFY the svethin and iorepoinq
FILE R GF RECORD SHALLis ��,e ` o correct
s ot!•ar c^t Asa Circuit Lai rt. �r• 1 r C'r. rn
RESTRICTED C F ASSETS BYF . ^t!i':_i sore Is ir ..': tcree srd
WITHIN 30 DAY OcSITORYCIES) c OQlf�c` tda cot •::, s� : ' ,
OF LEI i'ERS, S O. lSSU,gNCE a.� t..,, y — - - - -..._
TRUE i.E7 cI;S DO NOTtiVTMORIZE
THi: �Lr.7I'X MSIt,a,.
BcRROW1Nr pC ANY ASSETS WITHOUT
SPEC"^ L ORDER OF THE COI,Ji1T
THESE LRTERS DO NOT AUTHORIg
E.FJTP,Y INTO ANY SAFE DE!'OSIT Box
FCnTHER ORDER OF COURT
%F nClerk, pircuit Cos n
P2
\Durly Clerk Circuit Court
MARINA STEVEN"
FILE R ECE CE OF RECORD SHALL
FILE (P 1 OF ASSETS BY
RESTRICTED D PGcI,T ORY(IES)
WITHIN 30 RDF'Y5 OF ISSUANCE
OF LETTES.
r
Dec 20 01 05:01p Lott 8, Levine, (305) 670 -0701
IN THE CIRCUIT COURT FOR DADE COUNTY, FLORIDA
IN RE: ES'T'ATE OF PROBATE DIVISION
ANNE VANSMITH File Number 01 -5110 CP
Division 04
Deceased.
- r
—C G'
ORDER ADMITTING WIIL To PROBATE -
AND APPOINTING PERSONAL REPRESENTATIVE
r�G rte;
The instrument pr. esentad to this Court as the last will or'f�,ANNE: aVAN
SMITH, deceased, having been established by the oath of HARRY E.
GEISSINGER, I11, a subscribing and attesting witness, as being the last
will of the decedent, and no objection having been made to its probate, and
the court finding that the decedent died on February 9, 1994, it is
ADJUDGED that the will dated June 6, 1984, and attested by HARRY E.
GEISSINGER, III, and MARY WILLIAMS as subscribing and attesting witnesses,
is admitted to probate according to law as and for the last will of the
decedent, and it is further
ADJUDGED that GARRETT VANSMITH and ANTHONY VANSMITH are appointed
co- personal representatives of the estate of the decedent, and that upon
taking the prescribed oath, filing designation of resident agent and
acceptance,; and entering into bond in the sum of C
letters of administration shall be issued.
ORDERED On ;�E,t:� L 2001.
p.4
PAD r0G'UA
G
rcuit Judge lU
a
7HEPERSONet 99PRESENTATIVtS'rALI PLACE..
ASSETS IN A MPOSIT. It D. SO G+• AfED SY
Yudge ID.
�a
•
11QUID
TO THE P.b, a.031.
w: E r up
BiiC@ 0 0o
ZH: 001,10 PUMUANT
c�
COIlP11Y, I1
THIS IS A P%OiiN ACCOUNT YMMICH
MEANS THAT NO FUNDS CAN BE
WITHDRAWN WITHOUT CAM OF
z a: QOUAT.
--
,. A:
STATE OF FLOR-11D• N
STATE
OF DADS a e and
the fore90119 Is tru and
1 tic =r3'� DFRT1'rY that
coo/ o; she ort<;inal on 111a in t: is o
l:'};� •••••••••
WO
ra Of""' -10. ,Sari
yyiTi•ttr/�I^nd x ���........,A-D.•20............
•.�••fl
SALE
LE OF ANY ASSETS
°t' c Cour•ry Ca : :'•s
WITHOUT SPECIAL ORDER
cult zd
COURT.
sy;„.....1:.
ty
DepuG:..a..'�`.�.
ti= •i::::r� `iti`91G:4 rAAL ESTATE
is _::.0. T•`.! . sf P'F;CCUM OF SALE
S•r P.L IN :KWID IN A COURT
�:.':'T.ECK-0 C'•ifN,!';0!. PER F.S.69.031
o� sour
F q
U -+
INCORPORATED
• 1927
ZOR10
INTEROFFICE MEMORANDUM
TO: Mayor and City Commission
1. y
FROM: Charles D. Scurr, City Manager
Re uest
DATE: January 10, 2002
Re: AGENDA ITEM # r
Authorizing the City Manager to
engage Merrill Lynch to perform a
compliance audit of the City's
Pension Plan.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENGAGE
MERRILL LYNCH TO PERFORM A COMPLIANCE AUDIT OF THE CITY'S
PENSION PLAN FOR A FEE NOT TO EXCEED $9500; CHARGING THE AMOUNT
TO THE CITY EMPLOYEE PENSION FUND; PROVIDING AN EFFECTIVE DATE.
_Background and Analysis
The compliance audit requirement mandates that audits be performed "once every three years"
by a professional independent consultant, which will evaluate the performance of the existing
money manager. The last compliance audit was completed on February 5, 1998; therefore, we
are due for another audit.
Upon the request of the Pension Board, bids were solicited from five different companies. Of
these companies, the three companies listed below responded.
Fee Schedule
Smith Barney $12,500
Merrill Lynch $ 9,500
Gabriel, Roeder, Smith & Company $13,500
Upon review and consideration from the Pension Board members, they unanimously approved to
hire Merrill Lynch to perform the compliance audit for the City's pension plan at a fee not to
exceed $9,500.00.
RECOMMENDATION
I recommend approval.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENGAGE
MERRILL LYNCH TO PERFORM A COMPLIANCE AUDIT OF THE CITY'S
PENSION PLAN FOR A FEE NOT TO EXCEED $9500; CHARGING THE AMOUNT
TO THE CITY EMPLOYEE PENSION FUND; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and the City Commission of the City of South Miami
periodically direct that City financial functions be audited for compliance with applicable laws,
and
WHEREAS, a compliance audit is required by the State to be done once every three
years; and
WHEREAS, the last compliance audit of the City pension plan was completed on
February 5, 1998; and
WHEREAS, for this year it is required that we submit a new compliance audit; and
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1 City received three bids in response to the request. The bids received are as follows:
Smith Barney ($12,500), Merrill Lynch ($9,500) and Gabriel, Roeder, Smith & Co.($13,500).
Section 2 The Pension Board reviewed the bids and recommended Merrill Lynch to perform
compliance audit.
Section 3 Charges incurred for the work will be charged to the City Employee Pension Fund at
a fee not to exceed $9500.00.
Section 4. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of 2002.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
.:................
South Miami
F 1 o 1 d a
2001
CITY OF SOUTH MIAMI
To: Mayor and Commission Date: January 11, 2002
From: Earl G. Gallop Agenda Item (0
City Attorney Commission Meeting January 15, 2002
Attorney's Fees Nagin, Gallop and
Figueredo, P.A.
The attached resolution is for Legal Services for the City Attorney for the period ending
December 31, 2001 in the total amount of $5,325.50. The accounts are summarized below:
Account
Consulting — Real Property/Foreclosure
Account # 1500 - 514 -3435
Professional Services -
Account # 608 -1910 - 521 -31004
CRA Fund — General Legal
Account #610 -1120- 554 - 3415
Code Enforcement
Account #1500- 514 -3452
Telecommunications
Account #1500- 514 -3420
Legal Services Non Retainer
Account # 1500 -3410
A detailed Billing Statement is attached.
Available Balance This Invoice
$ 2,700.00
$ 2,200.00
$ 5,986:34
$ 5,420.00
$ 7,000.00
$ 928.25
$ 800.00
$ 3,59700
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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 ATTORNEYS' FEES FOR
NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF
$5,325.50; CHARGING $928.25 TO ACCOUNT NO. 1500 -514-
3435, REAL PROPERTY /FORECLOSURE; CHARGING
$3,597.00 TO ACCOUNT NO. 1500 -514 -3410, LEGAL
SERVICES, NON - RETAINER; AND CHARGING $800.25 TO
ACCOUNT NO. 608- 1910 - 521 - 3100, PROFESSIONAL
SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of South Miami approved
Resolution No. 99- 94- 9500, as amended by Resolution No. 217 -97- 10187,
authorizing payment of City Attorney non - retainer attorneys' fees and costs; and,
WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City
for legal services rendered, and costs advanced, for the period ending
December 31, 2001, in the amount of $5,325.50; and,
WHEREAS, the City Attorney recommends payment of the attached
invoices.
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
Nagin Gallop Figueredo, P.A., in the total amount of $5,325.50, are approved for
payment and charging $928.25 to account no. 1500 -514 -3435, real
estate /foreclosure; charging $3,597.00 to account no. 1500 -514 -3410, legal, non -
retainer; and charging $800.25 to account no. 608 - 1910 -521 -3100, forfeitures.
Section 2. This resolution shall take effect immediately upon approval.
Additions shown by underlining and deletions shown by ever-strM g.
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PASSED AND ADOPTED this day of January, 2002.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
\\Dell_6100 \Documents \City of South Miami \0022 - 001 \12377.doc
Page 2 of 2
U
NAGIN GALLOP FIGUEREDOP�
Attorneys & Counselors
3225 Aviation Avenue - Third Floor ,
Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351
January 10, 2002
Hakeem Oshikoya
Finance Director
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, Florida 33143
Re: STATEMENTS FOR PROFESSIONAL SERVICES
City of South Miami
Dear Mr. Oshikoya:
Enclosed are our statements for professional services rendered and for costs advanced
for the period ending December 31, 2001, in the amount of $5,325.50. I have tabulated the
amounts currently due on each individual file as follows:
0022 -023 Parking Garage Contract Prof 1 Services $ 2,240.00
Statement No. 10570 dated 01108102 Disbursements 0.00
Total Due 25240.00
0022 -034 CSM v. Third Group Mortgage Prof `1 Services
Statement No. 10571 dated 01108102 Disbursements
Total Due
0022 -046 Merrick v. City of South Miami Profl Services
Statement No. 105 72 8 dated 01108102 Disbursements
Total Due
0022 -052 CSM v. Johnny Jackson Prof l Services
Statement No. 10573 dated 01108102 Disbursements
Total Due
$ 885.00
43.25
928.25
$ 312.50
0.00
312.50
$ 175.00
14.50
189.50
0022 -095 Lazaro D. Tabares - EEOC Claim Prof 1 Services $ 540.00
Statement No. 10574 dated 01108102 Disbursements 0.00
Total Due 540.00
,,
Hakeem Oshikoya, Finance Director
CITY OF SOUTH MIAMI
January 10, 2002
Page 2 of 2
0022 -098 Forfeiture of 1997 Ford F -150
Prof 1 Services
$
70.00
Statement No. 10575 dated 01108102
Disbursements
0.00
Total Due
70.00
0022 -099 Forfeiture of Honda Shadow 750
Prof 1 Services
$
150.00
Statement No. 10576 dated 01108102
Disbursements
10.25
Total Due
160.25
0022 -101 Hampton Pre - Determination
Prof 1 Services
$
30.00
Statement No. 10577 dated 01108102
Disbursements
0.00
Total Due
30.00
0022 -102 Forfeiture of $1,610.00 US
Prof I Services
$
300.00
Statement No. 10578 dated 01108102
Disbursements
0.00
Total Due
300.00
0022 -103 Forfeiture of 1991 Nissan Sentra
Prof I Services
$
270.00
Statement No. 10579 dated 01108102
Disbursements
0.00
Total Due
270.00
0022 -104 Washington Mutual Bank v. CSM
Prof I Services
$
285.00
Statement No. 10580 dated 01108102
Disbursements
0.00
Total Due
285.00
CURRENT TOTAL DUE $ 59325.50
Do not hesitate to call me if you have any questions regarding these statements.
Very truly yours,
Earl G. Gallop
EGG:daj
Enclosures
cc: Mayor and City Commission
CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami, Florida 33143
Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 76
Date: January 10, 2002
Finance Department
Item
No.
Quantity
Description and
Specifications
Account Number
Unit Price
Total
1
1
Real Estate /Foreclosure
1500 -514 -3435
$928.25
$928.25
2
6
Legal, Non- Retainer
1500 -514 -3410
$3,597.00
$3,597.00
3
4
Forfeitures
608- 1910 -521 -3100
$800.25
$800.25
TOTAL
$5,325.50
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)
Head of Department Finance Department City Manager
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone.: (305) 854 -5353 Facsimile: (305) 854 -5351
Hakeem Oshikoya January 8, 2002
Matter ID: 0022 -023
Finance Director
Parking .garage contract
City of South Miami
6130 Sunset Drive Statement No. 10570
City of South Miami, FL 33143
Rate Summary
Luis R. Figueredo
Payments
1/2/2002 Payment
Total Professional Services 2,240.00
12.80 hours at $175.001hr 2,240.00
Total hours: 12.80
Ck#35102 7,151.62
Sub -total Payments: 7,151.62
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Hours Amount
12/12/2001
LRF Follow up with George McArdle on status of document review.
0.30 52.50
12/13/2001
LRF Reviewed drafts of Mr. McArdle's documents; revised documents
2.00 350.00
and forwarded documents to Mr. McArdle.
12/13/2001
LRF Prepared MRP /SPG resolution authorizing the City to apply for
1.00 175.00
bridge financing and interim financing for project.
12117/2001
LRF Meeting with George McArdle to review documents.
1.50 262.50
12/18/2001
LRF Telephone conference with George McArdle regarding MRP
4.00 700.00
documents from January 2001 meetings regarding the SPG project.
12/20/2001
LRF Telephone conference with Charles Scurr; telephone status
0.50 87.50
conference with George McArdle.
12/21/2001
LRF Telephone conference with George McArdle; telephone conference
0.50 87.50
with Charles Scurr; telephone conferences regarding release and
other documents.
12/24/2001
LRF Reviewed transcripts of prior City Commission meetings; meeting
3.00 525.00
with George McArdle.
Rate Summary
Luis R. Figueredo
Payments
1/2/2002 Payment
Total Professional Services 2,240.00
12.80 hours at $175.001hr 2,240.00
Total hours: 12.80
Ck#35102 7,151.62
Sub -total Payments: 7,151.62
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -023 Statement No.: 10570 Page: 2
For Professional Services 2,240.00
For Disbursements Incurred 0.00
Current Balance:
2,240.00
Previous Balance: 12,449.12
Payments - Thank you 7,151.62
Total Due 7,537.50
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOPA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Facsimile: (305) 854 -5351
January 8, 2002
Matter ID: 0022 -034
CSM v. Third Group Mortage,
Statement No. 10571
Hours Amount
12/10/2001 EAB
Analysis of responses to request for production filed by Third Group
2.00 300.00
Mortgage; prepared motion to compel and CSM's first set of
interrogatories to Third Group; analyzed file for answer filed by Third
Group; and prepared memorandum to Ms. Cadenhead requesting
her to pull docket sheet and various pleadings filed by Third Group
Mortgage.
12/11/2001 REC
Obtained docket sheets.
0.75 15.00
12/14/2001 EAB
Analysis of files in order to coordinate discovery requests and
0.40 60.00
hearings against Third Group Mortgage.
12/17/2001 REC
Obtained copies of previously filed motions.
1.50 30.00
12/18/2001 REC
Travelled to clerk's office o obtain a copy of notice to show cause
0.50 10.00
but no one was available.
12/19/2001 REC
Obtained copy of the notice and order.
0.50 10.00
12/20/2001 EAB
Attention to dismissal of action for failure to prosecute; legal
3.00 450.00
research on "good cause" for reinstatement of action under Fla.
R.Civ.P. 1.420(e); prepared motion and affidavit requesting
rehearing on court's motion to dismiss for lack of prosecution as
there has been record activity leading towards trial and as the City
never received notice of the hearing; and finalized motion to compel
and interrogatory requests.
12/20/2001 REC
Traveled to clerk's office and filed Notice of Unavailability.
0.50 10.00
Total Professional Services 885.00
Rate Summary
Eve A.
Boutsis 5.40 hours at $150.00 /hr 810.00
Rose E. Cadenhead 3.75 hours at $ 20.00 /hr
75.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Total hours: 9.15
Expenses
Mileage
Parking Charge
12/14/2001 Outside copy job
12/31/2001 Outside copy job
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
10.50
20.25
7.00
5.50
Sub -total Expenses: 43.25
885.00
43.25
928.25
30.00
0.00
Total Due 958.25
To be properly credited; please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOPA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
January 8, 2002
Matter ID: 0022 -046
Merrick v. City of South Miami
Statement No. 10572
Hours Amount
12/13/2001 EAB Meeting with Captain Ross regarding Merrick's newest EEOC 2.50 312.50
charge of discrimination; prepared letter requesting extension of
EEOC deadline; and meeting with Ms. Jeanette Navarro regarding
Merrick predetermination hearing.
Rate Summary
Eve A. Boutsis
Payments
1/2/2002
Total Professional Services 312.50
2.50 hours at $125.00/hr
Total hours: 2.50
Payment Ck #35102
Sub -total Payments:
312.50
490.00
490.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
For Professional Services 312.50
For Disbursements Incurred 0.00
Current Balance: 312.50
Previous Balance: 525.00
Payments - Thank you 490.00
Total Due 347.50
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.56/6 per month will be charged if payment is not received within 30 days.
n
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGINGALLOPFIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
January 8, 2002
Hakeem Oshikoya Matter ID: 0022 -052
Finance Director
City of South Miami CSM v. Johnny Jackson
6130 Sunset Drive Statement No. 10573
City of South Miami, FL 33143
Total Professional Services 175.00
Rate Summary
Eve A. Boutsis 1.00 hours at $150.00 /hr 150.00
Rose E. Cadenhead 1.25 hours at $ 20.00 /hr 25.00
Expenses
Total hours: 2.25
Parking Charge 11.50
Mileage 3.00
Sub -total Expenses: 14.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Hours Amount
12/10/2001
EAB Prepared letter to Mr. Monroe Dixon, counsel for estate of Johnny
0.40 60.00
Jackson; and analyzed petition to execute deed of estate property
to CSM.
12/10/2001
REC Pulled file and made copies of petitions and motions.
1.25 25.00
12/12/2001
EAB Telephone conference with Mr. Dixon regarding execution of Deed
0.20 30.00
in favor of CSM.
12/14/2001
EAB Received original warranty deed from personal representative of the
0.40 60.00
estate of Johnny Jackson, and quit claim deeds from remaining
heirs; prepared notice of cancellation on hearing for attorney's fees;
prepared notice of voluntary dismissal; and prepared memorandum
to file regarding this issue and instructed staff to record original
deeds.
Total Professional Services 175.00
Rate Summary
Eve A. Boutsis 1.00 hours at $150.00 /hr 150.00
Rose E. Cadenhead 1.25 hours at $ 20.00 /hr 25.00
Expenses
Total hours: 2.25
Parking Charge 11.50
Mileage 3.00
Sub -total Expenses: 14.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Payments
1/2/2002 Payment Ck#35102
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
105.00
Sub -total Payments: 105.00
Total Due
To be properly credited; please indicate Statement Number on your remittance check.
175.00
14.50
189.50
403.50
105.00
a:1:111If
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
January 8, 2002
Matter ID: 0022 -095
Lazaro D. Tabares - EEOC
Statement No. 10574
Rate Summary
Eve A. Boutsis
Payments
1/2/2002 Payment
3.60 hours at $150.00 /hr 540.00
Total hours: 3.60
Ck #35102 20.57
Sub -total Payments: 20.57
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Hours
Amount
12/3/2001 EAB Revised production requests.
0.70
105.00
12/4/2001 EAB final preparation of discovery requests.
0.40
60.00
12/13/2001 EAB Meeting with Ms. Jeanette Navarro, Mr. Orlando Martinez, Mr.
2.50
375.00
Rudy de la Torre; and PWD staff regarding claims made by Mr.
Tabares regarding harassment and retaliation due to his alleged
injury and disability.
Total Professional Services
540.00
Rate Summary
Eve A. Boutsis
Payments
1/2/2002 Payment
3.60 hours at $150.00 /hr 540.00
Total hours: 3.60
Ck #35102 20.57
Sub -total Payments: 20.57
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -095 Statement No.: 10574 Page: 2
For Professional Services 540.00
For Disbursements Incurred 0.00
Current Balance: 540.00
Previous Balance: 360.07
Payments - Thank you 20.57
Total Due 879.50
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5 % per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
January 8, 2002
Matter ID: 0022 -098
Forfeiture of 1997 Ford F -150
Statement No. 10575
Hours Amount
12/10/2001 EAB Prepared motion for and order on final consent judgment; and 0.70 70.00
forwarded settlement agreement executed by claimant to AC
Feldman for his execution.
Rate Summary
Eve A. Boutsis
Payments
1/2/2002
Total Professional Services
0.70 hours at $100.00 /hr
Total hours: 0.70
Payment Ck #35102
Sub -total Payments
70.00
476.45
476.45
70.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
For Professional Services 70.00
For Disbursements Incurred 0.00
Current Balance: 70.00
Previous Balance: 638.39
Payments- Thank you 476.45
Total Due 231.94
. To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Facsimile: (305) 854 -5351
January 8, 2002
Matter ID: 0022 -099
Forfeiture of Honda Shadow 750
Statement No. 10576
Hours Amount
12/19/2001 EAB Attended hearing on motion to compel. 1.40 140.00
12/20/2001 REC filed Re- Notice of Hearing and delivered copy to Judge Hubbart. 0.50 10.00
Total Professional Services 150.00
Rate Summary
Eve A. Boutsis
Rose E. Cadenhead
Expenses
Total hours
Parking Charge
Mileage
1.40 hours at $100.00 /hr 140.00
0.50 hours at $ 20.00 /hr 10.00
1.90
7.25
3.00
Sub -total Expenses: 10.25
Payments
1/2/2002 Payment Ck#35102 910.50
Sub -total Payments: 910.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -099 Statement No.: 10576 Page: 2
For Professional Services 150.00
For Disbursements Incurred 10.25
Current Balance: 160.25
Previous Balance: 954.27
Payments - Thank you 910.50
Total Due 204.02
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
January 8, 2002
Hakeem Oshikoya Matter ID: 0022 -101
Finance Director
City of South Miami. Hampton Pre - Determination
6130 Sunset Drive Statement No. 10577
City of South Miami, FL 33143
Hours Amount
12/13/2001 EAB Meetings with Mr. Charles Scurr, Mr. Orlando Martinez, and Ms. 0.20 30.00
Jeanette Navarro regarding final determination on Mr. Hampton.
Total Professional Services 30.00
Rate Summary
Eve A. Boutsis 0.20 hours at $150.00 /hr 30.00
Total hours: 0.20
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
30.00
0.00
30.00
1,140.00
0.00
1,170.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
to
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
January 8, 2002
Matter ID: 0022 -102
Forfeiture of $1,610.00 US
Statement No. 10578
Hours Amount
12/18/2001 EAB Prepared complaint and preliminary probable cause motion; 2.50 250.,00
analysis of police reports and caselaw in preparation of pleading
documents; and telephone conference with Det. Barrio regarding
this matter.
12/19/2001 EAB Revised and finalized verified affidavit, discovery requests, 0.50 50.00
complaint, and motion and memo of law for probable cause.
Total Professional Services 300.00
Rate Summary
Eve A. Boutsis 3.00 hours at $100.00 /hr 300.00
Total hours: 3.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -102 Statement No.: 10578 Page: 2
For Professional Services 300.00
For Disbursements Incurred 0.00
Current Balance: 300.00
Previous Balance: 170.00
Payments - Thank you 0.00
Total Due 470.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
4p,
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
January 8, 2002
Matter ID: 0022 -103
Forfeiture of 1991 Nissan Sentra
Statement No. 10579
Hours Amount
12/18/2001 EAB Telephone conference with AC Feldman regarding new forfeiture 0.50 50.00
and prepared notice of seizure.
12/19/2001 EAB Prepared notice of seizure and facsimile to Sgt. Diaz regarding 0.20
questions surrounding seizure.
12/27/2001 EAB Prepared complaint, verified affidavit and motion for preliminary 2.00
probable cause.
Total Professional Services
Rate Summary
Eve A. Boutsis 2.70 hours at $100.00 /hr 270.00
Total hours: 2.70
20.00
200.00
270.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5 % per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A.
CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -103 Statement No.: 10579 Page: 2
For Professional Services 270.00
For Disbursements Incurred 0.00
Current Balance:
Previous Balance:
Payments - Thank you
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
270.00
0.00
0.00
270.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
January 8, 2002
Matter ID: 0022 -104
Washington Mutual Bank v.
Statement No. 10580
Hours
Amount
12/18/2001 EAB Began analysis of complaint and attached documents regarding 0.30
45.00
foreclosure action; drafted request for extension of time; and
directed Ms. Jester to request supporting documentation from staff.
12/20/2001 EAB Continued analysis of complaint and City's lien files; legal research 1.60
240.00
on Ch. 162, Fla. Stat., regarding code enforcement liens and
issues surrounding filing city's responsive pleading; prepared
memorandum to file; telephone conference with Ms. T. Mckenzie,
counsel for Washington Mutual regarding City's liens; and prepared
letter requesting Ms. Mckenzie to dismiss the city as a party.
Total Professional Services
285.00
Rate Summary
Eve A. Boutsis
1.90 hours at $150.00 /hr
Total hours: 1.90
285.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
a0.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -104 Statement No.: 10580 Page: 2
For Professional Services 285.00
For Disbursements Incurred 0.00
Current Balance:
Previous Balance:
Payments - Thank you
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
285.00
0.00
0.00
285.00
Payment is due upon receipt. please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
D
54F
- CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Comm'n. Date: January 11, 2002
Charles D. Scurr, City Mgr.
Subrata Basu, Ass't. City Mgr.
From: Earl G. Gallop, City Attorney Re: Resolution authorizing application
for FMLC loan
Subject: A resolution authorizing the City Manager and City Attorney to apply for, and
negotiate the terms and conditions of a $2,100,000 bridge loan and a $8,500,000.00
permanent loan from the Florida Municipal Loan Council
Discussion: The city must secure financing for the parking garage project on S.W. 73rd
Street. The project consists of the design and construction of a parking garage on two parcels
of land. The larger parcel is owned by the city and is currently operated as a surface parking
lot. The other parcel is owned by Mark Richman Properties, Inca and is used for retail. The
existing building will be demolished and the amount of ground floor retail space will be
expanded in the project. MRP will deed the city the air rights over the MRP property, retain
title to the MRP property and lease the expanded retail space from the city. A portion of the
funds will be used to refinance the MRP property. The parties will co- develop the parking
garage structure. The city will operate the garage.
Funds from the $2,100,000 bridge loan will be used to refinance the MRP property ($1.5
million), to cover Mr. Richman's share of the architectural, engineering and other
professional fees for project development ($300,000) and to pay for the city's share of the
project development expenses ($300,000). See attached memorandum from Mr..Figueredo,
dated January 11, 2002. The project development cost estimate includes a $100,000
contingency factor.
The permanent loan ($8,500,000) will fund the total project cost and includes the bridge loan.
Approval of the loan agreements require further city commission action.
Memorandum to Mayor and City Comm'n
Cc: Charles D. Scurr, City Manager
Subrata Basu, Ass't City Manager
January 11, 2002
Page 2 of 2
The parties have negotiated an acceptable release. We are awaiting execution of the lease
by the principal of SPG Phase One, Ltd. Additionally, we are awaiting execution of the
assignment of the lease between the city and SPG to MRP. Copies of the release, the
assignment of lease, and MRP lease summary are attached.
Recommendation: Approve the resolution authorizing the City Manager and City Attorney
to apply for and negotiate the loan.
MEMORANDUM
TO: Earl G. Gallop
FROM: Luis R. Figueredo
DATE: January 11, 2002
RE: Status of Parking Garage Project
Release Agreement
We have reached an agreement with George McArdle, the representative for SPG, regarding
acceptable language for the release agreement to be executed by SPG. A copy of the release
agreement is attached for your review. The only condition which we added to our initial draft is a
requirement that the City submit a request for project financing.
Assignment
The assignment of the SPG agreement has been prepared. Attached is a copy for your
review. I am advised by Mr. McArdle that Mr. Elias is in Brazil and is expected to return next week.
MRP Lease
The MRP lease in is final form. Mr. Richman is prepared to execute the lease agreement.
I have advised W. McArdle that the assignment and lease agreement must be executed before
presenting the MRP lease to the City for execution. Attached is my overview of the MRP lease.
Bridge Loan
Based on my discussions with Mr. McArdle and Mr. Richman, we estimate that the bridge
loan should equal $2.1 million.
(i) $1.5 million will be used to refinance the MRP property;
(ii) $300,000 will be used to cover Mr. Richman's share of
architectural, engineering fees and other professional services
associated with the project development; and
(iii) $300,000 will be utilized to pay the City's share of the project
development costs.
Memorandum to Earl G. Gallop
January 11, 2002
Page 2 of 2
At this time, it is difficult to provide a specific breakdown of the initial fees which will be
likely to be incurred. However; we estimate that the professional fees for architectural services,
engineering services and other professional fees associated with project development should not
exceed $500,000 over the course of the next 10 months. I have included an additional $100,000 to
address any unforeseen contingencies.
11 T411,
MUTUAL RELEASE OF ALL CLAIMS AGAINST AND BETWEEN
THE CITY OF SOUTH MIAMI, FLORIDA AND SPG PHASE ONE, LTD.
SPG Phase One, Ltd., a Florida limited partnership, its officers, partners,
successors and assigns ( "SPG "), and the City of South Miami, its elected officials,
principals, officers, agents, employees and successors and assigns ( "City ") agree that
upon the approval and execution of the SPG /City of South Miami Lease Agreement
(attached as Exhibit 1), the approval of the assignment of that lease to Mark Richman
Properties ( "MRP ") the approval and execution of a replacement MRP /City of South
Miami Lease Agreement by the City Commission and the submittal of a request for
project financing by the City to the Florida League of Cities to construct the mixed use
parking structure, they each fully remise, release, acquit and discharge each other from
any and all liability, accrued or unaccrued, known or unknown, on account of any and all
manner of action or actions, cause or causes of actions, suits, debts, covenants, contracts,
agreements, judgments, executions, claims and demands whatsoever in law or in equity
which they now have or may have against each other for or by reason of any transaction,
matter, cause arising from or relating to the Request for Proposal published by the City of
South Miami for the development of a mixed use parking structure and the ensuing
negotiations and actions taken by the City and SPG as a result of SPG having been
awarded the bid, including but not limited to, any and all claims arising or which might
arise out of any and all expenditures made by either party or accounts payable owed by
either party.
The undersigns declare that they have all the necessary power and authority to
execute and deliver this release. The undersigns further declare that they have read and
Page 1 of 2
i 1
fully understand the terms of this release, including without limitation the consideration
and freely and voluntarily enter into this mutual release.
The parties agree that in the event any dispute arises in any way relating to or
arising out of this release, the prevailing party in any arbitration or court proceeding will
be entitled to recover an award of its reasonable attorneys' fees and costs.
This agreement is governed by the laws of the State of Florida.
IN WITNESS WHEREOF, the undersigned executes this release this day
of November, 2001.
SPG PHASE ONE, LTD., a Florida limited partnership
By: The Initial Phase, Inc., its sole general partner
Albert S. Elias, President
ALL THE ABOVE was subscribed and
sworn to this _ day of November, 2001.
Notary Public
State of Florida
My Commission Expires:
CITY OF SOUTH MIAMI, a municipality of
Miami -Dade County, Florida
Charles Scurr, City Manager
Page 2 of 2
ASSIGNMENT, ACCEPTANCE AND CONSENT
THIS ASSIGNMENT, ACCEPTANCE AND CONSENT (the "Assignment ") is made as of
the fourteenth day of December 2002 by and between SPG PHASE ONE, LTD. a Florida limited
partnership ( "Assignor "), Mark Richman Properties, Inc., a Florida corporation ( "Assignee ") and
the City of South Miami, a municipality located in Miami -Dade County, Florida ( "Landlord ")
WHEREAS the Landlord, as lessor, and Assignor, as lessee, have entered into a lease dated
(the "Lease").
WHEREAS a provision of the Lease names Assignee as an approved assignee of the Lease.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Assignor, Assignee and Landlord agree as follows:
1. Assignment. Assignor hereby grants, bargains, sells, assigns, transfers and sets over unto
Assignee all of Assignor's right, title and interest to the Lease.
2. Acceptance. Assignee hereby accepts, any and all rights, title and interest of Assignor as
lessee under the Lease and Assignee agrees to be bound by the terms and provisions of the Lease.
3. Consent. Landlord hereby consents to the assignment of Assignor's right, title and interest
to the Lease by Assignor to Assignee and Landlord agrees to accept Assignee as the lessee under
the Lease.
4. Release. Landlord hereby releases Assignor of all liability and responsibility under the
Lease and Landlord acknowledges that Assignor has no outstanding liabilities, obligations or debts
under the Lease prior to the effective date of this Assignment.
This Assignment shall inure to the benefit of, and be binding on, the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF, Assignor, Assignee and Landlord have caused this Assignment
to be executed in their names, by their duly authorized officers, respectively, as of the date first
above written.
WITNESSED: Assignor:
Mark Richman Properties Inc., a Florida
corporation
By:
Mark Richman, President
Assignee
SPG Phase One Ltd., a Florida limited
partnership
By: The Initial Phase, Inc., a Florida
corporation and sole general partner
By:
Albert S. Elias, President
City of South Miami, a municipality of Miami -
Dade County, Florida
Charles Scurr, City Manager
SWORN TO AND SUBSCRIBED before me this day of December, 2001, by Mark
Richman, as president of Mark Richman Properties, Inc. a Florida corporation, on behalf of the
corporation. He (a) is personally known to me, or (b) has produced
as identification.
My commission expires:
Notary Public - State of Florida
Name:
SEAL]
SWORN TO AND SUBSCRIBED before me this day of December, 2001, by Albert
Elias, as president of The Initial Phase, Inc. a Florida corporation, on behalf of the corporation. He
(a) is personally known to me, or (b) has produced
as identification.
My commission expires:
Notary Public - State of Florida
Name:
[SEAL]
M
M
PROPOSED LEASE SUMMARY
1. Tenant: Mark Richman Properties ( "MRP ")
2. Landlord: City of South Miami
3. Guarantor: Mark Richman (see paragraph 10)
4. Demised Premises:
(a) The municipal parking lot located at S.W. 73rd Street, S.W. 58th Avenue,
and S.W. 58th Court together with the air rights over the Mark Richman Property located
at the corner of S.W. 73rd Street and S.W. 58th Court, in the City of South Miami.
(b) Permitted use: mixed use retail and parking garage building.
5. Air Rights: MRP will deed the air rights to the City.
6. Assignment from SPG: SPG under the lease agreement with the City
specifically reserved the right to assign the Project to MRP. MRP shall obtain a formal
assignment to develop the Project from SPG.
7. Release: MRP will secure a general release from SPG releasing the City from
any and all causes of action, claims, demands or alleged damages arising from or related
to the Request for Proposal issued by the City of South Miami. A copy of the Release
language is attached.
8. Tax Abatement: During the lease term, the City shall abate its share of the ad
valorem taxes assessed against the 11,345 square feet of retail to be located on the City's
property.
9. Lease Agreement with MRP: MRP proposes to enter into a lease agreement
with the City.
A. Initial Term. The initial term of the lease agreement with Richman
Properties will be for 50 years. There is no renewal option.
B. Ownership of the Building. The City of South Miami owns the parking
structure; including the air rights over the Richman Property.
C. Alleyway Considerations. The proposed Project as reconfigured should
not impact the alleyway immediately behind Dabby Properties.
D. Easement. MRP shall grant the City a perpetual non - exclusive easement
for seven parking spaces located on ground level which are partially situated on MRP's
Parcel.
Page 1 of 3
E. Thirty Decal Spaces. The City will provide Richman the first option to
acquire 30 decal spaces for his tenants at the then prevailing rates. As consideration for
the easement, the City will reduce the rate charged for seven parking spaces to account
for MRP" ownership interest in the seven ground level spaces.
P. Rent Payments. The rent payments for MRP will be calculated to be
sufficient to allow for the repayment of MRP's share of the principal and interest of the
Project loan.
10. Financing: The City of South Miami shall procure the Project loan to finance the
design and construction of the Project. The City must pledge a revenue stream such as its
parking revenues to obtain the Project financing. MRP will pledge the rental income
earned from the retail space. Mark Richman will also personally guarantee MRP's share
of the bridge loan. The remainder of MRP's share of the loan will be secured by the
Lease, the New MRP Building and the MRP Land. The bridge loan will be used to allow
MRP to pay for project related costs (including its share of the architectural and
engineering fees), refinance the MRP property (this allows the City to be in first position
as the secured creditor) and to pay for the City's t. share of architectural and engineering
fees. The parties anticipate that the permanent financing for construction would be
obtained in November, 2002. The application for bridge financing will take
approximately 45 -60 days to process and fund. Bank of America will require that certain
commission approvals be in place to ensure that the Project is viable before funding.
Approval of the new lease agreement with MRP should be sufficient,
10. Cost Sharing: The costs of the design and construction of the Project will be
shared as follows:
(a) The parties will participate in the design and construction costs of the
Project in proportion to each party's gross area occupation of the Project.
(b) . The Landlord will pay 100% of the costs of construction of additional
parking levels on the Parking Structure which may be constructed at a future date.
(c) The Landlord will contribute $100,000 towards Tenant's share of the
construction costs of the shell of the Project.
(d) MRP will pay 100% of the costs associated with demolishing the Old
MRP building.
(e) Tenant will pay its proportionate share of the fees associated with
obtaining the bridge and long term financing based on its percentage of the Borrowings.
(f) Tenant will pay 100% of the cost of the retail space build out of the
Replacement MRP Building and the Premises.
Page 2 of 3
0
(g) Landlord will pay 100% of the cost of the parking structure finishes.
12. Design and Construction: The City will prepare requests for proposals for the
selection of an architect and a construction management firm.
13. Commencement of Construction: The parties estimate that construction will
commence in January - February, 2003. No holiday season construction which impacts
the retail shops by severally impacting traffic flow will occur.
14. Project Name: The City agrees to consult with MRP to select a name for the
Project.
Page 3 of 3
I RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
6 FINANCE; AUTHORIZING THE CITY MANAGER TO
7 NEGOTIATE A BRIDGE LOAN FOR AN AMOUNT NOT TO
8 EXCEED $2,100,000.00 AND A PERMANENT LOAN FOR AN
9 AMOUNT NOT TO EXCEED $8,500,00.00 FOR THE DESIGN
10 AND CONSTRUCTION OF A PUBLIC PARKING GARAGE
11 PROJECT LOCATED S.W. 73' STREET FOR REFINANCING
12 THE PROPERTY WHICH CONSTITUTES MARK RICHMAN
13 PROPERTIES CONTRIBUTION TO THE PROJECT;
14 PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, on November 20, 2001, the Mayor and City Commission
18 approved Ordinance no. 35 -01 -1766 authorizing the City Manager to execute a
19 lease agreement with Mark Richman Properties, Inc. (MRP) for a parking garage
20 project; and,
21
22 WHEREAS, the parking garage project consists of the construction and
23 operation of a parking garage structure on two parcels of land, one of which is
24 owned by the City and the other is owned by MRP; and,
25
26 WHEREAS, the properties are generally located at S.W. 73rd Street on the
27 south, S.W. 58th Avenue on the east, S.W. 58th Court on the west and an alleyway
28 on the north; and,
29
30 WHEREAS, the lease agreement provides, among other things, that MRP
31 will deed the air rights over its property to the City, the City will lease additional
32 ground space to MRP for retail use, and the parties will co- develop the project;.
33 and,
34
35 WHEREAS, the lease agreement is subject to, among other things, funding
36 of the project by the Florida Municipal Loan Council or other lender acceptable to
37 the City; and,
38
39 WHEREAS, Mayor and City Commission desire to authorize the City
40 Manager and the City Attorney to enter into negotiations with the Florida
41 Municipal Loan Council for a bridge loan for an amount not to exceed
42 $2,100,000.00 and permanent loan for an amount not to exceed $8,500,000.00 for
Additions shown by underlining and deletions shown by everstfilig.
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the design and construction of the project and for refinancing the property which
constitutes MRP's contribution to the project; and
WHEREAS, the loan documents shall be presented to the Mayor and City
Commission for approval as required by the city charter.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Manager and the City Attorney are authorized to
make application to the Florida Municipal Loan Council and to negotiate the
interest rate and the terms and conditions for a bridge loan and a permanent loan
for the purposes and the amounts stated in the "Whereas" clauses. The loan
documents shall be presented to the Mayor and City Commission and shall not
take effect until approved by the city commission as required by the city charter
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 15th day of January, 2002.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
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