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.
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