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RESOLUTION 89-19572 RESOLUTION NO. 89-19572 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING A SETTLEMENT OF THE CASE STYLED CITY OF MIAMI BEACH VS. FMA AND FIDELITY & DEPOSIT COMPANY OF MARYLAND, CIRCUIT COURT CASE NO. 85-23807, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT CLAIM BILL OF SALE, GENERAL RELEASES, RELEASE OF BOND, AND ANY AND ALL OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE SETTLEMENT. WHEREAS, the office of the City Attorney, with the approval of the Director of Convention Center, has negotiated a settlement of the above styled lawsuit with Food Management Associates ("FMA") , and Fidelity & Deposit Company of Maryland, as follows: 1) Payment of $51, 000 from Food Management to the City of Miami Beach, the entire amount to be paid upon execution of a stipulation for settlement by all parties. 2) Execution by the City of a Quit Claim Bill of Sale granting FMA any rights which the City may have in the equipment in question, without any representation on the part of the City as to ownership, ,existence or condition of said equipment. 3) Exchange of general releases and release of bond between the parties. 4) Voluntary Dismissal with Prejudice of all claims and counter-claims. 5) Each party to bear its own costs and attorney' s fees. 6) Payment of money and delivery of Quit Claim Bill of Sale to take place within ten (10) days of execution of the Order by the Court. 7) FMA agrees not to remove the disputed property from the City of Miami Beach premises unless and until the existing claim by FMA against Service America has been adjudicated by a court of law or until there is a settlement between those parties; and WHEREAS, the proposed settlement is recommended by the City Manager. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: 1) The above settlement terms are hereby approved. 2) The Mayor and City Clerk are hereby authorized to execute the attached Quit Claim Bill of Sale, Release of Bond, General Releases and any and all other documents necessary to effectuate the settlement. PASSED AND ADOPTED this 15th day of March , 1989 . iril / MAYOR ATTEST: ).-. � �V -- �� U� `f-S FORM APPROVED City Clerk � LEGAL DEPT. SWS/mml E4,_;:ite2g,6E--to 3/24/89 � � FMA.RES Date _l'/ �v73 Y OTilitM1 •Crir. TO: Mrs. Sandra Schneider DATE: 3/30r Assistant City Attorney FROM: Elaine 14. Baker f: City Clerk SUBJECT: Authorizing a settlement of the case styled City of Mali Beach vs. FMA and Fidelity & Deposit Company of Maryland. Enclosed please find two originals of the Mutual General Release of all Claims, one copy of the Release of Contract Bond and one certified copy of Resolution No. 89-19572. Please have the attached signed by the appropriate officials in the presence of two witnesses as indicated, and returned in this office Thank you. TO: Sandra Schneider DATE: 6/1/90 FROM: Mercy Williams We have not received signed documents as of this date. Please follow up. Thank you. li IELEASE OF CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, that the CITY OF MIAMI BEACH, a Florida municipal corporation, hereafter referred to as "CITY, " and its successors and assigns, for and in consideration of execution of the attached Stipulation and performance of all of its terms and other good a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby release, remise, acquit, satisfy and forever discharge FIDELITY AND DEPOSIT COMPANY OF MARYLAND, hereafter referred to as "FIDELITY, " from all manner of claims, causes of action, suits, debts, sums of money, accounts, reckonings, bonds, covenants, contracts, controversies, agreements, promises, damages, costs, expenses , compensation, judgments, executions and demands whatsoever in law or in equity, in contract or tort, whether known or unknown, including negligence, which CITY ever had, now has or hereinafter can, shall or may have against FIDELITY for, upon or by reason of that certain Contract Bond in the amount of one hundred thousand dollars ($100, 000. 00) dated July 21, 1982 and that certain Continuation Certificate of said Contract Bond dated February 2, 1984 and that certain Circuit Court Case No. 85-23807 and any claims or matters which either were or could have been raised in that case. IN WITNESS WHEREOF, the undersigned have affixed their hands and seals. DATED this o< day of1,??1q.---1_,et , 1989. WITNESSES: CITY OF MIAMI BEACH, FLORIDA a muni c orati BY: M or Attest //2 / City Clerk FORM APPROVED LEGAL DEPT. SWS/bcg 3/89 ref: A:\RlsBond.PLD 1 Date 3,/'2 3/j,5 • 1 4 IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA CITY OF MIAMI BEACH, a ) GENERAL JURISDICTION DIVISION Florida corporation, Plaintiff, CASE NO. 85-23807 CA 03 ) vs. FLORIDA BAR NO. 380768 FOOD MANAGEMENT ASSOCIATION, a foreign corporation and ) FIDELITY DEPOSIT COMPANY OF MARYLAND, a foreign ) corporation, ) Defendants. JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE Plaintiff, CITY OF MIAMI BEACH, hereafter referred to as "CITY;" and Defendants, FOOD MANAGEMENT ASSOCIATES, INC. , hereafter referred to as "FMA;" and Defendant, FIDELITY DEPOSIT COMPANY OF MARYLAND, hereafter referred to as "FIDELITY, " by and through their undersigned attorneys, do hereby stipulate and agree that the above-styled case is fully settled among the aforesaid parties in accordance with the following terms, which settlement was authorized by the Miami Beach City Commission on March 15, 1989, pursuant to Resolution No. g'l - I q /1). and that the Court may enter the Order of Dismissal with Prejudice set forth below: SETTLEMENT AGREEMENT 1) Payment of $51, 000 from FOOD MANAGEMENT to the CITY of Miami Beach, the entire amount to be paid upon execution of a stipulation for settlement by all parties. 2) Execution by the CITY of a Quit Claim Bill of Sale granting FMA any rights which the CITY may have in the equipment in question, without any warranty or representation on the part of the CITY as to ownership, existence or condition of said equipment. 3) Exchange of general releases among the parties and release of the FIDELITY & DEPOSIT COMPANY OF MARYLAND security bond by the CITY; FMA will also release the CITY from any liability for damage to the property 1 • 0 maintained, in the CITY's custody pending resolution of any claims by FMA against Service America Corporation. 4) Voluntary Dismissal with Prejudice of all claims and counter-claims. 5) Each party to bear its own costs and attorney's fees. 6) Payment of money and delivery of Quit Claim Bill of Sale to take place within ten (10) days of execution of the Order by the Court. ScrTh 2-/-// F'EDERICK C. :I( ; EQ. SCOTT JAYc E Q. /Attorney for F96b MANAGEMENT Attorney ' or FID LITY ASSOCIATES, INC. AND DEPOSIT COMPA Y 999 Washington Avenue OF MARYLAND Miami Beach, FL 33139 420 Lincoln Road Miami Beach, FL. 33139 't_ L SANDRA W. SCHNEIDER, ESQ. Assistant City Attorney 1700 Convention Center Drive 4th Floor - Legal Dept. Miami Beach, FL 33139 ORDER THIS CAUSE having come before the Court upon the above stipulation of the parties, and the Court having reviewed the Stipulation and the Court file, it is, ORDERED, ADJUDGED AND DECREED that the above-stated terms shall constitute a final settlement of this cause among the parties and that Plaintiff, CITY OF MIAMI BEACH'S cause of action against the above-stated Defendants, FOOD MANAGEMENT ASSOCIATES, INC. and FIDELITY & DEPOSIT OF MARYLAND, is hereby dismissed with prejudice and that Defendant, FOOD MANAGEMENT ASSOCIATES, INC's counterclaim against Plaintiff, CITY OF MIAMI BEACH, is hereby dismissed with prejudice, and that the parties hereto shall bear their own costs and attorneys fees. DONE AND ORDERED in Chambers at Miami, Dade County, MAR 211989 Florida, this day of , 1989. M. 5 I'ri�1i CIRCUIT COURT JUDGE Copies furnished to: Frederick C. Sake, Esq. Scott Jay, Esq. Sandra W. Schneider, Esq. 2 MUTUAL GENERAL RELEASE OF ALL CLAIMS 1. KNOW ALL MEN BY THESE PRESENTS, that FOOD MANAGEMENT ASSOCIATES, INC. , a foreign corporation, and their successors, assigns, heirs and representatives, hereafter collectively referred to as "FOOD MANAGEMENT", for and in consideration of execution of the attached Stipulation and performance of all of its terms and other good a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby release, remise, acquit, satisfy and forever discharge the CITY OF MIAMI BEACH, a Florida municipal corporation, hereafter referred to as "CITY" of and from all manner of claims, causes of action, suits, debts, sums of money, accounts, reckonings, bonds, covenants, contracts, controversies, agreements, promises, damages, costs, expenses, compensation, judgments, executions and demands whatsoever in law or in equity, in contract or tort, whether known or unknown, including negligence, which FOOD MANAGEMENT ever had, now has or hereinafter can, shall or may have against the CITY for, upon or by reason of any matter, cause or thing whatsoever from the beginning of the World through the date of this Mutual General Release of All Claims, including but not limited to any and all claims, demands or causes of action arising out of or involving that certain Circuit Court Case No. 85-23807 and any claims or matters which either were or could have been raised in that case. FOOD MANAGEMENT further releases and agrees to hold the CITY harmless with respect to any damage to the property which was the subject of said case arising out of the CITY's maintaining custody or possession of said property pending resolution of any claims by FMA against Service America Corporation. 2 . KNOW ALL MEN BY THESE PRESENTS, that the CITY and its successors and assigns, for and in consideration of execution of the attached Stipulation and performance of all of its terms and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby release, remise, acquit, satisfy and forever discharge FOOD MANAGEMENT from all manner of claims, causes of action, suits, debts, sums of money, accounts, reckonings, bonds, covenants, contracts, controversies, agreements, promises, damages, costs, expenses, compensation, judgments, executions and demands whatsoever in law or in 1 0t equity, in contract or tort, whether known or unknown, including negligence, which CITY ever had, now has or hereinafter can, shall or may have against FOOD MANAGEMENT for, upon or by reason of any matter, cause or thing whatsoever from the beginning of the World through the date of this Mutual General Release of All Claims, including but not limited to any and all claims, demands or causes of action arising out of or involving that certain Circuit Court Case No. 85-23807, and any claims or matters which either were or could have been raised in that certain case. 3 . Each party to this Mutual General Release of All Claims represents and warrants that it has not assigned or transferred any interest, right or claim, which would otherwise have been released or discharged in Paragraphs 1 or 2, to any person, partnership, corporation or other entity. 4 . It is expressly agreed that the mutual releases have been given by the CITY and FOOD MANAGEMENT to compromise doubtful and disputed claims, and that neither the releases nor the provision of any consideration for the releases constitutes any admission of legal liability or responsibility on the part of any person released, and that each of the persons released denies any such legal liability or responsibility. 5. This Mutual General Release shall be governed and construed according to the laws of the State of Florida. 6. This will also acknowledge that the undersigned, who are duly authorized to and have executed this Mutual General Release have received the advice of counsel on the effect of the signing, swearing to, and delivery of this instrument. IN WITNESS WHEREOF, the undersigned have affixed their hands and seals. DATED this � day of )2x. at _x-- 1989. WITNESSES: FOOD MANAGEMENT ASSOCIATION, INC. BY: Its: President WITNESSES: CITY OF I B " w t 'IDA, a m ci•; 1 c. or. • , „ ///� rL /J % ---, "�l��r�..(�./ /! //vr'��"( / i3� BY• )7 M. or 1 a,///,_, II ��- Att- City Clerk SWS/bcg 3/89 (A:\MtlGnRl.PLD) FORM APPROVED 2 LEGAL DEPT. By �_... Date 3/2,<''c7 !i , QUIT CLAIM +B I L L OF SALE KNOW ALL MEN BY THESE PRESENTS, that CITY OF MIAMI BEACH, in the County of Dade, and State of Florida, hereinafter "Seller" in consideration of the sum of Ten and No/100 ($10. 00) Dollars lawful money of the United States, to it paid by FOOD MANAGEMENT ASSOCIATES INC. a foreign corporation, "Buyer" , the receipt whereof is hereby acknowledged, grants, bargains, sells and transfers to the Buyer and the Buyer's executors, administrators, successors, and assigns, all right, title, claim and demand, if any, which the seller has in the following good and chattels: SEE ATTACHED SCHEDULE "A" To Have and to Hold the same to the Buyer, and the Buyer's executors, administrators, successors and assigns forever. Seller makes no warranty or representation as to the ownership, condition or existence of any item of property set forth on attached Schedule "A" . Buyer represents and'warrants that it has inspected the property set forth on Schedule "A" within ten (10) days prior to the date of this Conveyance. In Witness Whereof, §eller hasAxecuted this Bill of Salr this /7 day of iiR.1.. , 1927 , and Signed, sealed and delivered in presence of us: )171, t&A.'- `r( (Sea] &6--/ C,LL ."-OR 'ORM APPROVED STATE OF FLORIDA ) ) ss LEGAL DEPT. COUNTY OF DADE ) By 37e3/39 I Hereby Certify that on this day perfa1Ba,l 1 y appeared before me, an officer duly a thorized to administer oaths and take acknowledgements, L E O 4 d cv0 11-1 g to me well known to be the person described in and who executed the foregoing Bill of Sale, and acknowledged before me that he executed the same freely and voluntarily for the purpose therein expressed. Witness my hand and official seal at Miami Beach, County of Dade and State of Florida, this 17 day of A.D. 19 0 °1 . My commissio expires: NOTARY PUBLIC ROTARY PULiLIC Sf.41E OF FLOQIfIA State of Florida MY CCI1MiS fUN 'lef=t:U i ttati uc:;EhAL 614 i. Prepared by: City Attorney's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7470 SWS/bcg 3/13/89 ref. A: \QuitClam.PLD • Sc.\A�wk e_ / (12 Duke - _a c~ fe teri a Line Hot Food Units 4 2 f is 7 2 long 111 �,�, _ Solid Top Units 441/2" lon 4 0 F] oor Model Fryer 9 2 / GE tCh-20 Deep Fat Fryers 1 GE CG-2Q Grilldji - GE CB- l Char rit-- 1(4 � Broilers �� #:ist 72" x 30" Port41' able S57--44-1 ---.' Series 100 Serpentines 4./4A ' PortableP s 60.' x 30" Bars w/ss sinks p871 Ia} es i de Bars4,-- -23 Stagaway Cocktail TabC___4 les 26 walnut toP �12 in carton) FoldingBars (6 in carton) -� Bamboo Style Chairs `70, 9 42 " Round Tables ' y( . V( 32" �. 32 " Tables 12. 8 ;38 8"9R-odhaCoirnsces(nsiocn a sCordsj ejejk- mnt Tables22 ' Cerlrer" 8 Booths .f.).Par. , cie„-ca'cw: , 110 Peach-in Refrigerators U pri. ht -P o-1.--6T- Vai, e ?‘ .SS Beer Bottle Boxes I 9 s ....0p.,...(0 t/ I 6 ' Blue ue Back Bars w/casters l �3P� � _ /casters I. I� a Set-Up on Rollers v.1 9 _ • C-07,4fyt--,-e . Formica Serving Station tion J &i .y 140dz . Plate Covers '10 Small Coffee Pots >02 large Coffee Pots . adz . ;later Pitchers 1- 10dr_ . Celery Tray s - � M 100 suppers 7.73 2 ` 5 3 Air Voids 1 Food A i.r Void 10a l . 160 Sheet P - 9 - ahs 01,15 Roasting Pans • 10 SS Pans 2 " 12 x 20 7 SS Perforated Fans 2" 12 x 2 _.-....., 25 SS0 Soup Crocks . 3 SS Crocks - misc. 33 Asstd . Pans ' 30 1'l ia s t:i c Silverware Trays 14 Misc. Stock Pots 16 Misc . Cooking Pots hand les w- 24 / t-�ry i ng Spoons 8 Serving Ladles 1 2dz. Cafeteria Trays 7 Punch Bowls - glass 16 Punch Bowl Bases - lass 50 Round Cc�c: - serviceg }�to i_1_ . Trays J4) 12 l,d rg e Waiter Trays - aluminum 1/1006 40 1'1 as t_i C Bus Pans / 4 3c s . St erIio 7 13 SS chafers . 1 11L.riS --,-_.._., J4.&' - -_-16 Bean Crocks 4 Bean Crock Bases . 1 1)dz . 5S Salad Dressing Containers ]. 5 Gallon Electric ric Coffee Uzn 0 4 Bun o i .itic Coffee Machin( 4 ri e l l e r Gil �..C.Q C � 4/1 Popcorn Warmer '171 18 oz . Popcorn Kettle Vl 32 oz . Popcorn Kettle 20 40 Gallon Plastic Ice Tubs49141-11- "41"- 15 3 Ice Tub Dollies 5.034 Bus Carts i Z %u st", -f<Z -e 9 ,Z 55 Gallon Glutton Cans ✓1 Cl Cl nt_i.on Can Tops .� (;arbacje Carts 41-6 tic-a t-i ng Cabi nets 8 Cold Plates 1.00 Cup Rac):s 20 ' s 35 Glass Racks 36 ' s 12 Cup I)ol lies l/10 Large Dish Dollies Small- Dish Igo l l y 32 2'/ Cash Registers electric)rs (3 e l ec tr i c) 2 0z . Juice Glasses 195dz . Water- Glasses lOOdz . Sherbet Glasses 1- 5dz . Champagne Glasses 3 0d z . Cr(-am r s 3 0 c1 z . Ashtrays lOdz. Beer Mugs 1 8()dz , Soup Bowls i 8C)clz . Dinner Plat_es 150th . Bread & Butter Plates 1. 5()clz . Cups 150th . :saucer _ -‘1,4"7 /c4 otY9o fiez- (/ Osy Feee, • c7Y7&0"M / jea 211 e„eA r 0 OFFICE FURNITURE • 4' ] Check writer n/o 1 1 lin Selectric Typewriter 2 Pedestal Desks 1 Double Pedestal Desk 1. Secretarial Desk 2 Executive Desks 3 Filing Cabinets aSteno Chair 2 Executive Chairs 2 Executive Swivel Chairs 1 Postuce Back Chair 1 Couch- leather 1 Chair-- leather 5 leather and Chrome Chairs a ORIGINAL RESOLUTION NO. 89-19572 Authorizing a settlement of the case styled City of Miami- Beach vs._ FMA and Fidelity & Deposit Company of Maryland, Circuit Court Case No. 85-23807, and authorizing the Mayor and City Clerk to execute a Quit Claim Bill of Sale, Gen- eral Releases, Release of Bond, and any and all other documents necessary to effectuate the settlement.