SUBJECT/RECOMMENDATION:
Title
Approve supplemental retainer agreement with Bolves Law Group, PLLC. previously known as Manson Bolves Donaldson Tanner, P.A., in regard to Bay Esplanade litigation and authorize the appropriate officials to execute same. (consent)
Body
SUMMARY:
This is an action to quiet title, meaning a legal proceeding to determine ownership of real property. The plaintiff alleges he has superior title of the property in question, Block 87 lying south of Bay Esplanade Avenue claiming it was submerged in 1926 when the property was conveyed. Currently, the land is being occupied by the Clearwater Beach Recreation Complex, owned, and operated by the City. A prior case involving the same parties found that the City had superior title to the land lying south of Bay Esplanade. The plaintiff is asserting a new legal theory to contest ownership of said land based on a judgement in 2018 between the plaintiff and the state. Due to the ongoing litigation, it is necessary to increase the budget. This supplement authorizes the City Attorney’s Office to approve legal fee invoices in this matter up to the not-to-exceed amount of $75,000.00.
This procurement is exempt from bidding pursuant to Section 2.563(1)(g), Clearwater Code of Ordinances.
APPROPRIATION CODE AND AMOUNT:
A budget amendment may be needed in cost code 0109600-530100, Professional Services, to fund this contract. The operating budget of the City Attorney’s Office is funded by General Fund revenue.