SUBJECT/RECOMMENDATION:
Title
Approve an amendment to the legal services agreement with Manson Bolves Donaldson Varn for representation in litigation regarding ownership issues of the Seminole Boat Ramps to increase the not to exceed amount from $100,000 to $118,500, and authorize the appropriate officials to execute same. (consent)
Body
SUMMARY:
On March 7, 2019, City Council authorized hiring the law firm of Manson Bolves Donaldson Varn as outside counsel to provide expertise as it relates to water law/submerged lands and act as liaison to the FDEP and other parties as may be necessary to assist in clearing any cloud on title of the lands being developed under the Seminole Street Boat Ramp - North Marina District Improvements Project and approved a Legal Services Agreement for an amount not to exceed $50,000.00.
The ownership issues were more complex than originally anticipated and required litigation to quiet title on the property. On September 3, 2020, Council approved an increase in the amount of the contract for a not exceed amount of exceed $25,000, for a new contract total of not to exceed $75,000. On November 4, 2021, Council approved another increase in the amount of the an increase in the amount of the contract for a not exceed amount of exceed $25,000, for a new contract total of not to exceed $100,000.
The City went to mediation with the owners of the submerged land in question, which was unsuccessful. The City then successfully prevailed on the claim at arbitration and a final judgment was rendered in the City’s favor. This amendment will be a final increase to the contract in the amount of $18,500, for a new total not to exceed amount of $118,500, to cover the fees and costs incurred through judgment.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109600-530100, Professional Services, to fund this contract.