13809 RESOLUTION NO. 13809
WHEREAS , there is presently due and owing the City of
Miami Beach the sum of approximately $33 , 000 for unpaid and
delinquent resort taxes , exclusive of interest and claims for
penalties , and $3 , 823 for waste collection fees less interest
and claims for penalties , from Maison Hotel Corp. doing business
as Sovereign Hotel; and
WHEREAS , Maison Hotel Corp. , the Debtor owning the said
hotel, has filed a Petition for Reorganization under Chapter X of
the Act of Congress relating to Bankruptcy; and
WHEREAS , the United States District Court, in Case
No. 72-89-Bk-CA, has approved the said Petition; and
WHEREAS , the City of Miami Beach has duly filed its
Proof of Claim in Bankruptcy; and
WHEREAS, the Debtor has proposed that the City' s claims
be settled and allowed in the sum of $30, 823 , said sum to be
payable immediately upon execution of a stipulation entered into
with the City, the Trustee, and the Stockholders; and
WHEREAS , the City Attorney has advised the City Council
that in legal proceedings of this nature there is always a serious
legal question as to what, if any, claims for interest or penal-
ties for delinquency are recoverable, if at all; and
WHEREAS , the City Attorney has duly advised the City
Council that it is in the best interests of the City that the
City' s said claims for interest and penalties not be made the
subject of further prolonged litigation in this proceeding and
that the City Attorney has recommended to the City Council that
said settlement be accepted; and
WHEREAS , an appropriate stipulation in accordance with
the foregoing to be executed on behalf of the respective parties
has been prepared by the City Attorney;
NOW, THEREFORE , BE IT DULY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Attorney shall
execute the stipulation on behalf of the City, agreeing to accept
the sum of $30 , 823 in full settlement of the City ' s claim for
past due resort taxes and waste collection fees assessed against
the Maison Hotel Corp. , doing business as Sovereign Hotel.
PASSED and ADOPTED this 1St day of November , 1972.
-("
Mayor
Attest:
City Clerk-Finance Director
OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
IN THE UNITED STATES DISTRICT
COURT, FOR THE SOUTHERN DISTRICT
OF FLORIDA.
CASE NO. 72-89-Bk-CA
In the Matter of: :
MAISON HOTEL CORP. , • STIPULATION
Debtor.
X
IT IS HEREBY STIPULATED, CONSENTED TO, AND
AGREED by and between the respective parties, through
their attorneys, that Objection to Claim No. 36, here-
tofore filed in this Cause, be withdrawn.
IT IS FURTHER AGREED that the Proof of Claim
No. 36 of the City of Miami Beach, Florida, shall be
settled and allowed in the sum of $30, 823 . 00, pursuant
to Resolution No. , passed by the
City Council of the City of Miami Beach, Florida, on
November 1, 1972.
DATED this Day of November, 1972.
For the City of Miami Beach, Fla.
JOSEPH A. WANICK,
City Attorney,
City of Miami Beach, Florida
For the Debtor, Maison Hotel Corp.
IRVING M. WOLFF,
Attorney for Debtor
For the Trustee in Ban_- ruptcy
FRIEDMAN, BRITTON, & STETTIN,
Attorneys for Trustee
By
For the Stockholders
LEWIS H. FOGLE, JR.
Attorney for Stockholders
RESOLUTION NO. 13809
WHEREAS , there is presently due and owing the City of
Miami Beach the sum of approximately $33 , 000 for unpaid and
delinquent resort taxes , exclusive of interest and claims for
penalties, and $3 , 823 for waste collection fees less interest
and claims for penalties , from Maison Hotel Corp. doing business
as Sovereign Hotel; and
WHEREAS, Maison Hotel Corp. , the Debtor owning the said
hotel, has filed a Petition for Reorganization under Chapter X of
the Act of Congress relating to Bankruptcy; and
WHEREAS , the United States District Court, in Case
No. 72-89-Bk-CA, has approved the said Petition; and
WHEREAS , the City of Miami Beach has duly filed its
Proof of Claim in Bankruptcy; and
WHEREAS , the Debtor has proposed that the City' s claims
be settled and allowed in the sum of $30, 823 , said sum to be
payable immediately upon execution of a stipulation entered into
with the City, the Trustee, and the Stockholders; and
WHEREAS , the City Attorney has advised the City Council
that in legal proceedings of this nature there is always a serious
legal question as to what, if any, claims for interest or penal-
ties for delinquency are recoverable, if at all; and
WHEREAS , the City Attorney has duly advised the City
Council that it is in the best interests of the City that the
City' s said claims for interest and penalties not be made the
subject of further prolonged litigation in this proceeding and
that the City Attorney has recommended to the City Council that
said settlement be accepted; and
WHEREAS , an appropriate stipulation in accordance with
the foregoing to be executed on behalf of the respective parties
has been prepared by the City Attorney;
NOW, THEREFORE , BE IT DULY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Attorney shall
execute the stipulation on behalf of the City, agreeing to accept
the sum of $30, 823 in full settlement of the City ' s claim for
past due resort taxes and waste collection fees assessed against
the Maison Hotel Corp. , doing business as Sovereign Hotel.
PASSED and ADOPTED this 1st day of November , 1972.
(Signed) Chuck Hal l
Mayor
Attest:
(Signed) Ruth B. Rouleau
City Clerk—Finance Director
(SEAL)
OFFLCI Of CITY ATTO ENrY-1130 WASHINGTON AVEN13R--MIAMI BEACH, FLORIDA 33139