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Resolution 73-14073 RESOLUTION NO. 73-14073 WHEREAS, pursuant to an appropriate resolution, City of Miami. Beach entered into a lease of the Chamber of Commerce Docks with Irving M. Ellis, Jr. , for a. ten-year period commencing July 1, . 1966, and ending June 30, 1976, at a monthly rental of Six Hundred Dollars ($600 .00) , and WHEREAS, said lease provided that it was the obligation of the City to maintain the said docks in good repair, and WHEREAS , the City was unable to perform and fulfill the said covenant due to the disproportionate cost of such repairs compared with the amount of rent derivable from said lease and for the further reason that the construction of a projected new marina would have rendered the performance of said covenant unfeasible and impractical, and WHEREAS , the said Irving M. Ellis , Jr. , following liti- gation instituted by him, obtained judgment on July 10, 1972, against the City for damages , attributable to the breach of said covenant to repair, in the sum of One Hundred Thousand Dollars ($100 ,000 . 00) , and WHEREAS , City of Miami Beach thereafter appealed the said judgment, and the Third District Court of Appeal modified said judgment so as to provide that the City could set off against the said judgment all rents due and owing from the Lessee from December 15, 1971, to June 30, 1976, representing a total rental of Thirty-Two Thousand Seven-Hundred Dollars ($32, 700. 00) , and i WHEREAS , a proposed offer of settlement has been made to the City of Miami Beach whereby the said judgment of One Hundred Thousand Dollars ($100 , 000 .00) , plus Six Thousand Dollars ($6, 00. 00) interest, plus Three Hundred Eighty-Seven Dollars and Five Cents ($387. 05) court costs , for a total of One Hundred Six Thousand Three Hundred Eighty Seven Dollars and Five Cents ($106, 387. 05) would be settled by setting off against the said sum all rents due and payable from December 15 , 1971, up to February 1, 1974, (including Three Hundred Dollars ($300 .00) interest credit on unpaid rent) , or Fifteen Thousand Six Hundred Dollars ($15 , 600. 00) from said total amount of One Hundred Six Thousand Three Hundred Eighty Seven Dollars and Five Cents ($106 , 387.05) , for a balance of Ninety Thousand Seven Hundred Eighty Seven Dollars and Five Cents ($90, 787. 05) , which said sum of Ninety Thousand Seven Hundred Eighty Seven Dollars and Five Cents ($90,787. 05) would be payable, upon approval by the City Council, by the payment of Forty Five Thousand Dollars ($45, 000 . 00) forthwith, with the remaining balance of Forty-Five Thousand Seven Hundred Eighty Seven Dollars and Five Cents ($45 ,787. 05) payable on or before January, 15, 1974, the said balance of Forty-Five Thousand Seven Hundred Eighty Seven Dollars and Five Cents ($45, 787. 05) being payable without any interest thereon; with the balance of the rent from January 15, 1974, through June 30, 1976 , in the total sum of Seventeen Thousand Seven Hundred Dollars ($17, 700 . 00) being payable as the same comes due-each and every month thereafter in accordance with the terms of said lease, said amounts more clearly stated as follows : Judgment $100, 000 .00 Interest 6 , 000 . 00 Court Costs 387 . 05 Total $106,387. 05 Less rents due and payable 12/15/71 2/1/74 (with interest credit) 15, 600 . 00• Total Settlement $ 90, 787. 05 OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI OUCH, FLORIDA 33139 Total Settlement $90, 787. 05 Amount payable forthwith . . . $45,000 . 00 Amount payable by 1/15/74 . . 45, 787. 05 Total Settlement $90, 787. 05 (Balance of rent payable each month as it becomes due in amount of $600 . 00 per month from 1/15/74 through 6/30/76, total of $17, 700. 00) and WHEREAS , the City Manager and the City Attorney have recommended the acceptance of said settlement offer, and WHEREAS, the City Council deems it to be in the best interest of the City of Miami Beach and its inhabitants that said offer of settlement be accepted, NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the said settlement offer be and the same is hereby accepted as hereinabove set forth and the sum of Forty Five Thousand Dollars ($45, 000. 00) be and the same is hereby appropriated from existing unappropriated, unencumbered funds available for said purpose and that the City Attorney be and he is hereby authorized to prepare the necessary settlement papers, and the proper financial officers of the City be and they are hereby authorized tp pay the sums called for under the terms and provisions of said settlement. PASSED and ADOPTED this l st day of August , 1973. Mayor Attest: / ,z, Q,Zt.CusQJ Acting City Clerk -2- OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 4-I If\ I C O cn (1) • Ts' E (L)CO •- 0 i� C) D(1) M 4--1 O +' U(6 I� N dl VI N O to t!> C �J •- O 4- 4 fQ U I O O cm M (II I 1� C 4-1 J O C +-' • Q • •- 0.) C )- Z O 4-' E N ') — Z T E CD LJ c0 Cr) — z 4) Q-0 c O X n •- O — (1) 1- •- H O Cn 0 w C 0 0 +' O • N N C w •- N O L- EO rn O N C t N v>•- 4-i L 1 • iT ! L Q (Q O