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Resolution 81-16862 1 RESOLUTION NO. 81-16862 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH STATING THAT MARION RECREATION CORPORATION HAS FAILED TO PERFORM UNDER THE TERMS OF THE CONTRACT RELATIVE TO BID NO. 123-78 AND DIRECTING THE CITY MANAGER, ON BEHALF OF THE CITY , OF MIAMI BEACH, TO SERVE A CERTIFIED COPY OF CITY OF MIAMI BEACH RESOLUTION NO. 81-16862 UPON CENTRAL BANK AND TRUST COMPANY AND TO DRAW THE SUM OF FORTY THOUSAND DOLLARS ($40 ,000. 00) HELD THEREBY AS SURETY UPON THE FAILURE OF MARION RECREATION CORPORATION TO FULLY AND FAITHFULLY PERFORM UNDER THE TERMS OF SAID BID NO. 123-78 . WHEREAS , pursuant to Bid No. 123-78 , the City of Miami Beach and Marion Recreation Corporation contracted for the operation by Marion Recreation Corporation of the electric golf cart, food, beverage, pro shop, locker room, golf cart storage, vending machines , hand cart, practice driving range and golf ball recovery concessions ; and WHEREAS , under the terms thereof, Marion Recreation Corpora- tion was obligated to pay unto the City of Miami Beach ONE HUNDRED FIVE THOUSAND DOLLARS ($105 ,000. 00) on award of bid and monthly rental pay- ments of ELEVEN THOUSAND FOUR HUNDRED FIFTY-THREE DOLLARS ($11,453 . 00) ; and WHEREAS, Marion Recreation Corporation has , since approxi- mately July 1980 failed to tender said payment to the City of Miami Beach, thereby incurring arrearage in an aggregate amount of ONE HUNDRED SIXTY-TWO THOUSAND SIX HUNDRED TWENTY-TWO DOLLARS AND 75/100 ($162 ,622. 75) ; and WHEREAS , the City of Miami Beach has tendered formal demand for satisfaction of this arrearage; and WHEREAS , failure by Marion Recreation Corporation to tender payment due and owing to the City of Miami Beach constitutes default and breach of said contract; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the City Manager, on behalf of the City of Miami Beach be, and the same is, hereby directed to serve a certified copy of this resolution upon Central Bank and Trust Company and to draw the sum of FORTY THOUSAND DOLLARS ($40 ,000. 00) held thereby as surety upon the failure of Marion Recreation Corporation to fully and faith- fully perform under the terms of said Bid No. 123-78 . PASSED and ADOPTED this 11th day of December, 1981. f F/ Mayor ATTEST: tee-a-:- j ., , , City Cl"erk APPROVED MLB :J7 �L GAL DEPT. OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 S S v --4:1 0 -...-- 0 v E .. _"t--•- 0 c._)--� o v 0 0 0 c-> o ` R3 moi'` ..._ c) ...)c,n oT I a . . . .c...> c.) Q_4iR c•.> ....0 ,...D 0 0 0 1--. H Z'Y U: 'Y 0 c) 0 U' O R z c.— C3 Z3't ' J (Y3a w 0E- 0 —t ---'h' ' 4-2 0 0