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13846 • y RESOLUTION NO. 13845 WHEREAS, the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, by its Final Decree entered on April 6, 1971, found and determined that the City of Miami Beach in consequence of an agreement entered into on January 4, 1957, was contractually bound to Gilbert A. Fein for architectural services in the construction of the expanded Convention Hall facilities, and that the entry by the City of Miami Beach into an agreement with Edward Durrell Stone and Associates for such architectural services entitled the. said Gilbert A. Fein to damages sustained. by hj_r; and • WHEREAS, said Final Decree was affirmed by the Third District Court of Appeal on May 30, 1972, and held that "the determination of the amount of the damages was purely arithmetical once the chancellor had made his findings upon the disputed issues of fact" ; and WHEREAS, the Florida Supreme Court, by its Opinion and Judgment entered on November 28, 1972 , held that it was without jurisdiction to review the Opinion and Judgment of the Third District Court of Appeal; and WHEREAS, City Council of the City of Miami Beach, Florida, deems it to be in the best interests of the City and its inhabitants •ghat the amount of damages to which the said Gilbert A. Fein was judicially held to be entitled, be compromised and settled; and WHEREAS, following negotiations, a settlement and compromise settlement in the amount of $150, 000.00 has been reached and agreed upon subject to the condition that an unpaid balance in. the amount of $4, 709.88 due and owing said Gilbert A. Fein for work performed by him in. the construction of the shell be now paid to him, which latter sum is not to be considered a part of the compromise and settlement amount and upon. the further condition that an agreed portion of said proposed settlement figure shall be paid before the lapse of the present calendar year and the balance thereof to be made at an agreed date in January 1973 ; and WHEREAS, the City Attorney has recommended' `o the City Council of the City of Miami Beach that said- compromise and settlement figure of $150, 000.00 be accepted; and WHEREAS, the Acting City Manager, and the City' s Architectural Consultant, Phillip Ostendorf, have each joined in said recommendation as being in the best interest of the City; and WHEREAS, the City Council deems it to be in the best interest of the City and its inhabitants to accept the recommenda- tions of the Acting City Manager, the City Attorney, and the City' s Architectural Consultant that the said proposed settlement offer be accepted; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, that said proposed settlement offer of $150, 000. 00 be accepted, upon the conditions hereinabove set forth and that the financial officers of the City be and they are hereby authorized and directed to make the financial disbursements required thereby from appropriate funds of the City, and that the City Attorney be and he is hereby authorized and directed to require as a condition to such payment a full,complete and total release from the said Gilbert A. Fein from any and all further liability of whatsoever -1- OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA.33139 nature or degree by or against the City of Miami Beach, its successors or assigns, under the provisions of said agreement dated January 4, 1967. PASSED and ADOPTED this 20th day of December , 1972 . Mayor Attest: City Clerk - Finance Director _tit 4vti,ax,u4 Pig-Ata DgG 4 -2- OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 RESOLUTION NO. 13846 WHEREAS, the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, by its Final Decree entered on April 6, 1971, found and determined that the City of Miami Beach in consequence of an agreement entered into on January 4, 1967, was contractually bound to Gilbert A. Fein for architectural services in the construction of the expanded Convention Hall facilities, and that the entry by the City of Miami Beach into an agreement with Edward Durrell Stone and Associates for such architectural services entitled the said Gilbert A. Fein to damages sustained by him; and • WHEREAS, said Final Decree was affirmed by the Third District Court of Appeal on May 30, 1972, and held that "the determination of the amount of the damages was purely arithmetical once the chancellor had made his findings upon the disputed issues of fact" ; and WHEREAS, the Florida Supreme Court, by its Opinion and Judyuient entered on November 28, 1972, held that it was without jurisdiction to review the Opinion and Judgment of the Third District Court of Appeal; and WHEREAS, City Council of the City of Miami Beach, Florida, deems it to be in ' the best interests of the City and its inhabitants that the amount of damages to which the said Gilbert A. Fein was judicially held to be entitled, be compromised and seated; and WHEREAS, following negotiations, a settlement and compromise settlement in the amount of $150, 000.00 has been reached and agreed upon subject to the condition that an unpaid balance in the amount of $4, 709.88 due and owing said Gilbert A. Fein for work performed by him in the construction of the shell be now paid to him, which latter sum is not to be considered a part of the compromise and settlement amount and upon. the further condition that an agreed portion of said proposed settlementfigure shall be paid before the lapse of the present calendar year and the balance thereof to be made at an agreed date in January 1973 ; and WHEREAS, the City Attorney hap recomme'nded'.to the City- Council ityCouncil of the City of Miami Beach that said. compromise and settlement figure of $150, 000. 00 be accepted, -and WHEREAS, the Acting City Manager, and the City' s Architectural Consultant, Phillip Ostendorf, have each joined in said recommendation as being in the best interest of the • City; and WHEREAS , the City Council deems it to be in the best interest of the City and its inhabitants to accept the recommenda- tions of the Acting City Manager, the City Attorney, and the City' s Architectural Consultant that the said proposed settlement offer be accepted; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, that said proposed settlement offer of $150, 000. 00 be accepted, upon the conditions hereinabove set forth and that the financial officers of the City be and they are hereby authorized and directed to make the financial disbursements required thereby from appropriate funds of the City, and that the City Attorney be and he is hereby authorized and directed to require as a condition to such payment a full, complete and total release from the said Gilbert A. Fein from any and all further liability of whatsoever -1- OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE--MIAMI BEACH, FLORIDA.33139 nature or degree by or against the City of Miami Beach, its successors or assigns, under the provisions of said agreement dated January 4, 1967. PASSED and ADOPTED this 20th day of December , 1972 . (Signed) Chuck Hall Mayor Attest: (Signed) Ruth B. Rouleau City Clerk - Finance Director (SEAL) • , f • -2- °FFMC' OF CITY ATTORNEY 1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 i RESOLUTION NO. 13846 WHEREAS, the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, by its Final Decree entered on April 6, 1971, found and determined that the City of Miami Beach in consequence of an agreement entered into on January 4, 1967, was contractually bound to Gilbert A. Fein for architectural services in the construction of the expanded Convention Hall facilities, and that the entry by the City of Miami Beach into an agreement with Edward Durrell Stone and Associates for such architectural services entitled the said Gilbert A. Fein to damages sustained by him; and WHEREAS, said Final Decree was affirmed by the Third District Court of Appeal on May 30, 1972, and held that "the determination of the amount of the damages was purely arithmetical once the chancellor had made his findings upon the disputed issues of fact" ; and WHEREAS, the Florida Supreme Court, by its Opinion and Judgment entered on November 28, 1972, held that it was without jurisdiction to review the Opinion and Judgment of the Third District Court of Appeal; and • WHEREAS, City Council of the City of Miami Beach, Florida, deems it to be in the best interests of the City and its inhabitants that the amount of damages to which the said Gilbert A. Fein was judicially held to be entitled, be compromised and se;±led; and WHEREAS, following negotiations, a settlement and compromise settlement in the amount of $150, 000.00 has been reached and agreed upon subject to the condition. that an unpaid balance in the amount of $4, 709.88 due and owing said Gilbert A. Fein for work performed by him in the construction of the shell be now paid to him, which latter sum is not to be considered a part of the compromise and settlement amount and upon.. the further condition that an agreed portion of .said proposed settlement figure shall be paid before the lapse of the present calendar year and the balance thereof to be made at an agreed date in January 1973 ; and WHEREAS, the City Attorney has_ reco mended `o: the City Council of the City of Miami Beach that said. compromise and. settlement figure of $150, 000 .00 be accepted -and WHEREAS, the Acting City Manager, and the City' s Architectural Consultant, Phillip Ostendorf, have each joined in said recommendation as being in the best interest of the City; and WHEREAS, the City Council deems it to be in the best interest of the City and its inhabitants to accept the recommenda- tions of the Acting City Manager, the City Attorney, and the City' s Architectural Consultant that the said proposed settlement offer be accepted; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIA:I BEACH, that said proposed settlement offer of - $150, 000. 00 be accepted, upon the conditions hereinabove set forth and that the financial officers of the City be and they are hereby authorized and directed to make the financial disbursements required thereby from appropriate funds of the City, and that the City Attorney be and he is hereby authorized and directed to require as a condition to such payment a full,complete and total release from the said Gilbert A. Fein from any and all further liability of whatsoever -1- OFFICE OP CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA.33139 • nature or degree by or against the City of Miami Beach, its successors or assigns, under the provisions of said agreement dated January 4, 1967. PASSED and ADOPTED this 20th day of December , 1972 . (Signed) Chuck Hall Mayor Attest: (Signed) Ruth B. Rouleau City Clerk - Finance Director (SEAL) -2- OFFICE OF CITY ATTOENEY-1130 WASHINGTON AVENUE-.MIAMI BEACH, FLORIDA 33139 .