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Resolution 12493 RESOLUTION NO. 12493 WHEREAS , on June 24 , 1966 , the M/V "Carib Queen" , owned by Calypso Lines , Ltd. , a Bahamian Corporation , and insured by the Home Insurance Company and Talbot Bird & Co. , Inc. , damaged certain dolphins belonging to the City of Miami Beach , and WHEREAS , a settlement was negotiated with Calypso Lines , Ltd. and the said insurance companies whereby Calypso Lines , Ltd. was to pay the City $500 , representing the deductible on the insurance policies ,and WHEREAS , by the terms of this settlement the said insurance companies were to pay the City $1 ,084. 00 , representing the balance of the damage done to the City' s dolphins , and WHEREAS , after protracted negotiations with Mr. Fielder of Coleman-Ledbetter-Buchanan , the agent for said insurance companies , the said companies have agreed to pay $1 ,084. 00 directly to the City in return for a General Release excusing them of futher liability, and WHEREAS , execution of the said General Release will not prejudice the City' s rights , if any , to proceed a ainst Calypso Lines , Ltd. for the balance due the City, and WHEREAS , the City Council deems it to be in the City' s best interests to enter into a settlement agreement on the terms set out above and to execute said General Release; NOW THEREFORE, BE IT RESOLVED BY THIS CITY COUNCIL OF THE CITY OF MIAMI BEACH , that the Mayor be and he is hereby authorized and directed to execute said General Release in the name of and on behalf of the City of Miami Beach. PASSED and ADOPTED this31st day of July, 1968. „..,sIP 61--iii;444,0f.,—„, Ilk 11 Mayor ATTEST: i / / ity Clerk and Finance Director TO: MAYOR DERMER July 31 , 1968 THE CITY COUNCILMEN MR. J. C. DUFFIELD, CITY MANAGER FROM: JOSEPH A. WANICK, CITY ATTORNEY SUBJECT: City of Miami Beach v. M/V "CARIB QUEEN" Policy No. CPJ2-66 D/A: June 24 , 1966 On or about June 24 , 1966 , Calypso Lines Limited , a Bahamas Corporation, the operator of the M/V "Carib Queen" , leased certain dock facilities from the City of Miami Beach. The M/V "Carib Queen" damaged certain dol- phins belonging to the City of Miami Beach on June 24 , 1966. The low bid for the repair of said dolphins was $1 ,984. 00. A settlement was negotiated with Calypso Lines Limited and the insurance companies whereby Calypso Lines Limited was to pay the City of Miami Beach $500. 00 representing the deductible on the insurance policies and the insurance companies were to pay $1 ,084. 00. The insurance companies transmitted two (2) checks totalling $1 ,084. 00 made pay- able to Calypso Lines Limited and the City of Miami Beach to George Henry, President of Calypso Lines Limited. Mr. Henry was to endorse these checks and forward them to the City of Miami Beach together with a check of Calypso Lines Limited representing the $500. 00 deductible. Mr. Henry failed to do this and for some months all efforts tit) con- tact Mr. Henry or any other representative of Calypso Lines Limited were to no avail. After protracted negotiations with Mr. Fielder of Coleman-Ledbetter-Buchanan,the insur- ance companies have finally agreed to pay the $1 ,084.00 to the City in return for the execution of the enclosed General Release. It is recommended that the attached Resolution authorizing the Mayor to execute the said General Release be passed in order that the City may recover the $1 ,084. 00. This is an advantageous settlement for the City, due to the uncertainties of litigation and the difficulties of proof in that regard. In the event it is possible to proceed against Calypso Lines Limited , a Bahamas corporation, for the balance , the City's rights will not be prejudiced by the execution of said General Release. :1 4- 0 M 4J J _1— < 1< CV N E E C7 •- - O +, c6 4J N U V1 O C - 01 N I— C N — 7 J N O N L 0 LU 0 •— • -C L CD 7 U