Item C4
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: October 19, 2000
Bulk Item: Yes No X
Department: Land Authority
Agenda Item Wording: Approval of a contract with the firm of Meyer and Erskine to provide legal
services.
Item Background: Larry Erskine has provided legal counsel and real estate closing services for the
Land Authority since 1987, shortly after the agency's creation. The proposed hourly rate, closing fees,
and title insurance rates are identical to Mr. Erskine's previous contract. The contract term is for three
years. In the event the Board should wish to make alternative arrangements for legal services,
Paragraph 7 allows either party to terminate the contract upon 30 days notice,
Advisory Committee Action: N/A
Previous Governing Board Action: The Governing Board has approved contracts for Mr, Erskine's
services since 1987.
Staff Recommendation: Approval.
Total Cost: $ 17,500/year + closing fees
Budgeted: Yes X
No
Cost to land Authority: $ 17,500/year + closing fees
Executive Director Approval:
OMB/Purchasing
~6~::
Risk Management
Approved By: Attorney ~
Documentation: Included: X
To Follow:
Not Required:
Disposition:
Agenda Item LA #4
CONTRACT FOR LEGAL SERVICES
THIS CONTRACT is made this day of , 2000, between the MONROE
COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter "the Authority"), and
MEYER & ERSKINE (hereinafter "the Firm"), to establish their relationship as client and attorney.
By and in consideration for the mutual covenants contained in this document the two parties
agree as ~~lIows:
1. DURATION
This contract shall be for a period of three (3) years, unless otherwise agreed.
2. DUTIES OF THE FIRM
A. Lobbying - The duties of the Firm specifically do not include lobbying before the Legislature
of the State of Florida,
B. Drafting and Review - Drafting and review of rules and other documents as requested by
the Executive Director of the Land Authority.
C. Counsel - Availability for legal opinions and general counseling to the Authority, its
Executive Director, and its Advisory Committee.
D. Meetings - Attendance at each scheduled meeting of the Authority and its Advisory
Committee.
E. Closings - The Firm will handle the closings on all properties acquired and sold by the
Authority.
3. LITIGATION
It is not anticipated that litigation will be necessary. Should the need arise, the Firm shall
handle the litigation at its customary hourly rate to the extent directed by the Authority.
4. BOND ISSUES
If the Authority elects to issue bonds, the Firm, at the descetion of the Authority, may act as
counsel and if so shall be paid in the general manner and amount customary to the industry,
5. SUB-CONTRACTING
Although sub-contracting generally is not anticipated, the Firm reserves the right to sub-
contract its services in the interest of economy and efficiency.
6. FEES
A. For all of the above services, except closings, litigation, and bond related services, a fee
of one hundred fifty dollars ($150.00) per hour shall be paid by the Authority to the Firm,
except that a fee not to exceed one hundred twenty five ($125.00) shall be charged for work
performed by counsels with less than five (5) years of admission to the Florida Bar.
Expenses shall be billed monthly as accumulated. Bond work is covered by paragraph "4"
above, and litigation by paragraph "3" above. The maximum amount of fees due and
payable under this contract is limited, unless otherwise extended, to $17,500 per year
excluding closing fees.
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B. Closing fees for each transaction shall be calculated at a fee of one-half percent (0.50%)
of the purchase price or two hundred fifty dollars ($250.00), whichever is the greater, plus
the cost for an owners' title insurance policy at the customary card rates shown in
Attachment A. These fees shall be collected at and as a cost of closing.
7. TERMINATION
Extraordinary circumstances must be anticipated. Accordingly, the Authority and the Firm shall
try to re-negotiate this contract in such event. Failing that, either side may terminate this
contract upon thirty (30) days notice. Fees and costs will be apportioned as of the date of
termination.
8. CONFLICTS OF INTEREST
The Firm will not represent parties before the Authority, the Monroe County Commission, or
their staff in any matters related to the Land Authority during the term of this contract.
However, the Firm shall be permitted to represent clients before the Monroe County
Commission and its staff in matters unrelated to the Land Authority.
MONROE COUNTY LAND AUTHORITY
MEYER & ERSKINE
By:
Nora Williams, Chairman
By:-L~
Larry R. Erskine, Esquire
(Seal)
Attest
By:
Mark J. Rosch, Executive Director
APPROVED AS TO FORM
A~ .~lS~.F.F.I. ..~
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DATE 2~? :- (9()
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LAND AUTHORITY RATE SHEET
Effective: November, 1<)97
....
PROMULGATED RATES FOR TITLE INSURANCE
POLICY AM'T. PREMIUM POLICY AM'T. PREMIUM
$17,000. or less $100.00 $41,000, $235.75
$18,000. $103.50 $42,000. $241.50
$19,000. $109.25 $43,000. $247.25
$20,000. $115.00 $44,000. $253.00
$21,000. $120.75 $45,000. 258.75
$22,000. $126.50 $46,000. $264.50
$23,000: $132.25 $47,000. .. $270.25
$24,000. $138.00 . $48,000. $276.00
$25,000. $143.75 $49,000. $281.75
$26,000. $149.50 $50,000. $287.50
$27,000. $155.25 $60,000. $345.00
$28,000. $161.00 $70,000. $402.50
$29,000. $166.75 $80,000. $460.00
$30,000. $172.50 $90,000. $517.50
$31,000. $178.25 $100,000. $575.00
$32,000. $184.00 :'
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$33,000. $189.75
$34,000. $195.50
$35,000. $201.25
$36,000. $207.00
$37,000. $212.75 .,
~38,000. $218.50
$39,000. $224.25
$40,000. , $230.00
PLUS THE FOLLOWING FEES:
TITLE SEARCH - $ 85.00
TITLE EXAMINATION - $ 15.00
ATTORNEYS FEE - .5% OF THE PURCHASE PRICE BUT NO LESS THAN $250,00,
FOR CLOSINGS BETWEEN $100,000.00 AND $1,000,000.00 TITLE INS'URANCE
PIZEMIUMS ARE BASED ON $5,00 PER $1000,00, THE ABOVE FEES MAY VARY
DI~PFNDING ON THE CIRCUMSTANCES,