Resolution 73-14073 RESOLUTION NO. 73-14073
WHEREAS, pursuant to an appropriate resolution, City of
Miami. Beach entered into a lease of the Chamber of Commerce Docks
with Irving M. Ellis, Jr. , for a. ten-year period commencing July 1,
. 1966, and ending June 30, 1976, at a monthly rental of Six Hundred
Dollars ($600 .00) , and
WHEREAS, said lease provided that it was the obligation
of the City to maintain the said docks in good repair, and
WHEREAS , the City was unable to perform and fulfill the
said covenant due to the disproportionate cost of such repairs
compared with the amount of rent derivable from said lease and for
the further reason that the construction of a projected new marina
would have rendered the performance of said covenant unfeasible
and impractical, and
WHEREAS , the said Irving M. Ellis , Jr. , following liti-
gation instituted by him, obtained judgment on July 10, 1972,
against the City for damages , attributable to the breach of said
covenant to repair, in the sum of One Hundred Thousand Dollars
($100 ,000 . 00) , and
WHEREAS , City of Miami Beach thereafter appealed the
said judgment, and the Third District Court of Appeal modified
said judgment so as to provide that the City could set off against
the said judgment all rents due and owing from the Lessee from
December 15, 1971, to June 30, 1976, representing a total rental
of Thirty-Two Thousand Seven-Hundred Dollars ($32, 700. 00) , and
i
WHEREAS , a proposed offer of settlement has been made
to the City of Miami Beach whereby the said judgment of One Hundred
Thousand Dollars ($100 , 000 .00) , plus Six Thousand Dollars ($6, 00. 00)
interest, plus Three Hundred Eighty-Seven Dollars and Five Cents
($387. 05) court costs , for a total of One Hundred Six Thousand
Three Hundred Eighty Seven Dollars and Five Cents ($106, 387. 05)
would be settled by setting off against the said sum all rents due
and payable from December 15 , 1971, up to February 1, 1974,
(including Three Hundred Dollars ($300 .00) interest credit on unpaid
rent) , or Fifteen Thousand Six Hundred Dollars ($15 , 600. 00) from
said total amount of One Hundred Six Thousand Three Hundred Eighty
Seven Dollars and Five Cents ($106 , 387.05) , for a balance of Ninety
Thousand Seven Hundred Eighty Seven Dollars and Five Cents
($90, 787. 05) , which said sum of Ninety Thousand Seven Hundred
Eighty Seven Dollars and Five Cents ($90,787. 05) would be payable,
upon approval by the City Council, by the payment of Forty Five
Thousand Dollars ($45, 000 . 00) forthwith, with the remaining balance
of Forty-Five Thousand Seven Hundred Eighty Seven Dollars and Five
Cents ($45 ,787. 05) payable on or before January, 15, 1974, the said
balance of Forty-Five Thousand Seven Hundred Eighty Seven Dollars
and Five Cents ($45, 787. 05) being payable without any interest
thereon; with the balance of the rent from January 15, 1974, through
June 30, 1976 , in the total sum of Seventeen Thousand Seven Hundred
Dollars ($17, 700 . 00) being payable as the same comes due-each and
every month thereafter in accordance with the terms of said lease,
said amounts more clearly stated as follows :
Judgment $100, 000 .00
Interest 6 , 000 . 00
Court Costs 387 . 05
Total $106,387. 05
Less rents due and
payable 12/15/71
2/1/74 (with interest
credit) 15, 600 . 00•
Total Settlement $ 90, 787. 05
OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI OUCH, FLORIDA 33139
Total Settlement $90, 787. 05
Amount payable forthwith . . . $45,000 . 00
Amount payable by 1/15/74 . . 45, 787. 05
Total Settlement $90, 787. 05
(Balance of rent payable each month as it becomes due
in amount of $600 . 00 per month from 1/15/74
through 6/30/76, total of $17, 700. 00)
and
WHEREAS , the City Manager and the City Attorney have
recommended the acceptance of said settlement offer, and
WHEREAS, the City Council deems it to be in the best
interest of the City of Miami Beach and its inhabitants that said
offer of settlement be accepted,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA, that the said settlement
offer be and the same is hereby accepted as hereinabove set forth
and the sum of Forty Five Thousand Dollars ($45, 000. 00) be and the
same is hereby appropriated from existing unappropriated,
unencumbered funds available for said purpose and that the City
Attorney be and he is hereby authorized to prepare the necessary
settlement papers, and the proper financial officers of the City
be and they are hereby authorized tp pay the sums called for under
the terms and provisions of said settlement.
PASSED and ADOPTED this l st day of August , 1973.
Mayor
Attest:
/ ,z, Q,Zt.CusQJ
Acting City Clerk
-2-
OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
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