Resolution 81-16589 p
RESOLUTION NO. 81-16589
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH TO SATISFY THE OBLIGATION INCURRED
BY TEMPLE BETH JACOB TO THE PIONEER ROOFING COMPANY
IN RELIANCE UPON ASSURANCES OF REIMBURSEMENT BY THE
CITY.
WHEREAS , it it the hallmark of this City to honorably perform
that to which it has set its hand and name; and
WHEREAS , in reliance upon assurances of reimbursement expressed
by the City of Miami Beach, Temple Beth Jacob incurred expenses of
ninety six hundred and forty ($9 , 640) dollars in the rehabilitation
of it ' s roof by the Pioneer Roofing Company; and
WHEREAS , Temple Beth Jacob' s obligation to the Pioneer Roofing
Company remains outstanding;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that ninety six hundred and forty
($9 , 640) dollars be tendered to the Pioneer Roofing Company to sat-
isfy this outstanding obligation incurred by Temple Beth Jacob in
reliance upon assurances of reimbursement by the City of Miami Beach.
PASSES and ADOPTED this 4th day March , 1981.
Attest:
City ClEALL:2224.ccka-Vey4t4.-<„, 41.
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LEGAL
DEPT.
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OFFICE OF THE CITY ATTORNEY
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F L O R i D A
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JOHN A. RITTER s"S7��•0��`'_ TELEPHONE :673-7470
CITY ATTORNEY ' H26 -_
COMMISSION MEMORANDUM NO. : , ;"
DATE: March 4 , 1981
TO: Mayor Murray Meyerson and
Members of the City Commission
City Manager Harold T. Toal
FRO : John A. Ritter
City Attorney
SUBJECT: Settlement of $9 , 640 claim by Pioneer Roofing Company for
repairs to Temple Beth Jacob in reliance on City' s promise
to pay.
Relying upon contractual assurances of reimbursement by the
City of Miami Beach, Temple Beth Jacob incurred $9 ,640 in expenses
in the rehabilitation of its Sanctuary and Social Hall roofs. These
assurances arose from an August 1, 1979 , contract between Temple Beth
Jacob hereinafter referred to as the Temple and the City of Miami
Beach hereinafter referred to as the City. The extent of the Temple' s
reliance upon the City' s promise was for reimbursement of up to ten
thousand ($10 ,000) dollars.
Upon the non-production of Federal Community Block Grant Funds,
the City informed the Temple of its intent to abrogate the terms of
their contract. While paragraph 13 of said contract relieves the
City of liability for reimbursement upon the non-production of
Federal Community Block Grant Funds , paragraph 5 imposes the uncondi-
tional duty of reimbursement upon the City.
In construing inconsistent language , it is a fundamental legal
axiom that " . . . such language should be construed against the party
who drew the contract. " Since the City drafted the instant contract
it is my opinion that the City is liable and should pay.
I have reviewed First Amendment cases extensively and am of the
opinion there is no First Amendment bar here.
JAR:GT:cj
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AGENDA
ITEM
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DATE 3
ORIGINAL
RESOLUTION NO. 81-16589
(To satisfy the obligation incurred by
Temple Beth Jacob to the Pioneer Roofing
Company, in reliance upon assurances of
reimbursement by the City) r .
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