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RESOLUTION 84-17674 RESOLUTION NO. 84-17674 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ACCEPTING THE SETTLEMENT OFFER IN CITY OF MIAMI BEACH VS . FERENDINO/GRAFTON ETC. WHEREAS , in 1981, the City of Miami Beach sued Ferendino/Grafton and Seldin Construction Company for defects relating to the Miami Beach Youth Center ' s ice-skating rink and gymnasium floor ; and WHEREAS, the City of Miami Beach has won a judgment against Seldin Construction Company in the amount of $186,956 . 00 relating to the ice-skating rink; and WHEREAS , Seldin Construction Company has recovered a judgment against its subcontractor , the Dublin Company, in the amount of $74,782 . 40; and WHEREAS, the trial relating to the gymnasium floor involving Western Waterproofing, as subcontractor , is scheduled for trial for the week of March 26, 1984 ; and WHEREAS , Seldin Construction Company has made an offer of settlement to the City whereby its carrier will pay its policy limits of $100 ,000 . 00 and assign the judgment of $74 ,782.40 against Dublin to the City of Miami Beach; and WHEREAS, Western Waterproofing has made an offer of settlement whereby its insurance carrier will pay $25,000 . 00 in settlement of all claims relating to the gymnasium floor ; and WHEREAS , the City of Miami Beach would immediately receive payment of $125,000 . 00 and assume the responsibility for collecting the judgment against Dublin, NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the settlement offers of Seldin Construction Company and Western Waterproofing as outlined more fully in the attached Commission Memorandum dated March 14, 1984, under which the City of Miami Beach would immediately receive payment of $125 , 000 . 00 and assume OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 the responsibility for collecting the $74 , 782. 40 judgment against Dublin is hereby approved and accepted in settlement of City of Miami Beach v. Ferendino/Grafton, etc. PASSED and ADOPTED this 14th day of March, 1984 . ,, ,: •• ;tea /7 AYOR ATTEST: r CITY CLERK JK/jhd FORM 4PPROVE LEAL i 4''''r" "" L4 ...,L.:P I.k.,......-let/S ....._........ ......,/ \ Date :J-' Y:. OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 ORIGINAL RESOLUTION NO. 84-17674 (Approving and accepting the settlement offer in City of Miami Beach vs. Ferendino/ Graf ton etc.)