HomeMy WebLinkAboutR-90-0541A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
TER CITY ATTORNEY TO AMEND THE EXISTING
STIPULATION OF VOLUNTARY DISMISSAL WITHOUT
PREJUDICE (CIRCUIT COURT CASE NO. 89- 10R9 (CA
19)) BETWEEN THE CITY OF MIAMI AND CHALK'S
INTERNATIONAL AIRUNN, INC. (A SUBSIDIARY OF
RESORTS INTERNATIONAL, INC.) APPROVED VIA
RESOLUTION NO. 89-838 ON 'TUNE 7, 1989, AND
EXECUTE APPROPRIATE DOCUMENTS IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY WITH RESORTS
INTERNATIONAL, INC. AND CHALK'S INTERNATIONAL
AIRLINES, INC. WHICH WILL ALLOW TER
ASSUMPTION OF THE JUNE 13, 1989 CONDITIONS BY
ANOTHER WHOLLY -OWNED SUBSIDIARY OF RESORTS
INTERNATIONAL TO BE CALLED "FLYING BOAT,
INC."; SAID ASSUMPTION OF LIABILITY BRING
WITHOUT PREJUDICE TO THE CITY OF MIAMI AND IN
NO OTHBA WAY MODIFYING OR AMENDING THE
SUBJECT STIPULATION OF VOLUNTARY DISMISSAL
WITHOUT PREJUDICE.
WHEREAS, the City of Miami is of the opinion that it is the
legal fee owner of real property presently 000upied by Chalk's
International Airlines on Watson Island; and
WHEREAS,' the City Commission adopted Motion No. 89-148, in
February, 1989, direoting the City Attorney to initiate legal
proceedings to remove Chalk's International Airlines from its
present looation on Watson Island; and
WHEREAS, an ejectment action was filed by the City in the
Circuit Court, case no. 89-7029(19), pursuant to Motion No. 89-
148; and
WHEREAS, the City Commission, on April 27, 1989, passed
Motion No. 89-398, directing the City Attorney to dismiss, with
conditions, said lawsuit and end ejectment proceedings against
Chalk's International Airlines; and
WHEREAS, the City Commission, on June 7, 1989, passed
Resolution No. 89-838 authorizing the City Attorney to exeoute a
conditional Stipulation of Voluntary Dismissal Without Prejudioe
between the City of Miami and Chalk's International Airlines in
the above mentioned oase, preserving the status quo; and
ATTPCH M ENTS
CONiP,INED
JUL It, 00
90" 4�
MSINU# Resorts International, Inds o the holding company -of
ftal:k'a International Airlines# Into # now desires to separate its
existing Ch alkla International (seaplane) operation and its
existing gash 7 Operation (paradise Island Airlines), establish
another wholly -owned subsidiary which will operate the Watson
Island seaplane operation under a new company to be called "Flying
go at, Inc." (later reverting to the "Chalk's International
Airlines, Inc.* name), and eventually sell this new seaplane
entity (see Exhibit "A"); and
WHEREAS, it is the intention of Resorts International, Inc.
that the new entity maintain its operation on Watson Island
pursuant, to, and subject to the terms of the subject Stipulation
of Voluntary Dismissal Without Prejudice of June 13, 1989; and
WHEREAS, in no other respects is the subject Stipulation of
June 13, 1989, to be modified or amended, and shall remain in full
force and effect;
..NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Attorney is hereby authorized to
amend the Stipulation of Voluntary Dismissal Without Prejudice
between Chalk's International Airline, Inc. and the City of
Miami, dated June 13, 19890, which was approved, as to form, by
Resolution No. 89-538 on June 7, 1989 (see Exhibit "B"). Said
Amendment shall allow the requirements of Resolution 89-538 and
the June 13, 1989, Stipulation of Dismissal (see Exhibit "C") to
be assumed by a new wholly -owned seaplane subsidiary of Resorts
International, Inc., which will continue to operate out of the
existing Chalk's seaplane base on Watson Island under the new
name of "Flying Boat, Inc."
Section 3. The aforementioned Amendment to the subject
Stipulation shall be without prejudice to the City of Miami, and
shall constitute the sole amendment or modification to the
�. ... -'
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A.E.
subject Stipulations All other conditions Contained in the
VAN
Stipulation Of voluntary Dismissal Without Prejudice [Circuit
court Case No. 89-1029 (CA�'l ) shall remain the sat�t.
Section 4. This Resolution shall become affaotiVa
.;
immediately upon its adoption.
PASSED AND ADOPTED this 1,.,2th_ day of July - r 1991�
r74
XAVIER L. S A Zr OR
ATTE :
MAT BIRAI
CITY _CLERK
PREPARED AND APPROVED BY:
JOM E. WELL
CH EP ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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CITY ATTORNE
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May 23, 1990
"
Mr. Jack Luft, Director
C/o city of Miami r?evelopment Department
300 Biscayne ooulovard Way
Miami, r1orida- 33131
Re: Stipulation dated June 13, 1989,-City of Miami
a, =
Chalk's International Airline. Idb.
Dear Mr. Lufts
An you are --aware, Resorts International, Inc. has stahedsA
several occasions that, because of economic reasons, it wises to
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discontinue its seaplane service between 'Watson Island, Dimityt and
there has been a
paradise Island. After such announcements, public
outcxy for Resorts not, to discontinue, but to continua thi*
service. Resorts has evaluated its options and believes that a
viable solution would be to separate into different corporate
entities the seaplane operation (Chalk's) and the existing Dash 7
operation (paradise island Airlines).
Resorts has received interest from prospective purchasers but
any purchase of the seaplane operation is dependent upon Resorts•
ability to sell a separate operating entity with all of the proper
approvals, including Federal Aviation Administration, V.S.
Department of Transportation and the Government of the Commo nweeltb
of The Bahamas. To obtain these approvals, it is necessary for the
new Chalk's entity to have the ability to operate the seaplane
operation on Watson Island.
Resorts proposes and we request that you convey this request to
the proper officials at The City of Miami that a Resoiutiot► be
proposed that will permit the requirements of the Stipulation of
June 13, 1989 to be undertaken by another wholly -owned subsidiary
of Resorts International, Inc., a corporate entity entitled Flying
Boat, Inc. Resorts will undertake to change the corporate name of
Flying Boat, Inc. to Chalk's International Airline, Inc. as soon as
practicable, in no other respect is the prior Stipulation of June
13, 1989 to be modified or amended.
Thank you for your cooperation. please do not hesitate to
contact my office or that of our attorney, Harold M. Was, Ssq.,
't
if you squire. any. additional information.
very truly yours,
1
Matthew H. lte► noy
}'
vice 8rosident-fiAance
REXµ HIBIT.A
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RESOLUTION 106 890-5 ':f
V
A RISOLUTION 0 'BITE ATTAMUT 0 APPROVING AND
AMORT2110 TSE CITY ATTORNSY TO MCUTS A
STIPULATION OF VOLUNTARY DISMISSAL WITHOUT
PRIMICS Its SUBSTANTIALLY TEE PORN ATTACKED
ESRETt�. TZ8 )t ENDING THE CITY' S ACTION TO
EJECT CNALK I S 12"ANATIONAL AIRLINES "ON
WATSON ISLAND, SUSZECT TO CONDITIONS, AND
PRSSERVIV0 STATUS QUO, FOR A PERIOD OF TEN
YEARS, QUESTIONS SOLELY RELATING TO O.VN$RSEIP
OF THE WATSON ISLAND PROPERTY P998MMY
OCCUPIED BY SAID FIRM.
s
VIERS. the City of Miami is of the opinion that it is the
legal fee owner of real property presently occupied by Chalk's
Internatierwaa Airlines on Watson Island; and
WHEREAS. the City Commission adopted Motion -NO -
February 1989, directing the City Attorney to initiate legal
proceedings to remove Chalk's International Airlines from its
present location on Watson Island; and
WHEREAS, an ejectment action was filed by the City in the
Circuit Court (Case No. 89-7029(19)) pursuant to Motion
tL
No. 89-148; and
WHEREAS, the City Commission, on April 27. 1989, passed
Motion No. 89-396. directing the City Attorney to dismiss. with
conditions, said lawsuit and end ejectment proceedings against
Chalk's International Airlines; and
WHEREAS. the City Attorney's Office has met with opposing
counsel and worked out a stipulation of voluntary dismissal which
-Accurately reflects the directives of the City Commission
embodied in Motion No. 89-396;
NOW. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI. FWRIDA:
Section 1. The Stipulation of Voluntary Dismissal Without
Prejudice between the City of Miami and Chalk's International
Airlines. in substantially the form attached hereto, is hereby
approved. The City Attorney is hereby authorized and directed to
execute the subject Stipulation on behalf of the City, thereby
C= coMN,►ItSION
n rv� ,a., � � f r !W T. -. �, MEETI;ti C F
;. - r
EXHIBIT.
'
__ '- 541
k 3
? the aa oet$aoti6v ag t . C:
InterbatLe"I A rlLues sib3eat to the acrALtio t �
?ntaiUZ9 for a Wi6d Of tee
.: 76srm the status 010 i81Me8
solely regarding ownership of the property on Watson Island
Prestantly odonPied by Chalk International Airline8.
660ti0n R. This Resolution shall beoome effeotive
imsediately upon its adoption pursuant to lay.
PASSRD AND ADOPTED this 7th day of June 1980.
W
CITY CLRRS
PREPARED AND APPROVED BY:
JOEL E. MAXNELL
CRIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
JMI/db/ N1087
- 2 -
XAVIER L.
S..
MAYOR
90" 541
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OWN* FL AIDA
CA�iir 89-70I0 CA�l9
'
„i
uENEiUAL JURMICTION DIVISION
5
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CITY OF MIAMI, a
Municipal
s.
+corporutt'on # .
j
P1al�rtiff,
,
va.
STIP®LATItN9 fie VOUMARt
D18H188AL filTEb► Pit UDICE
=;
CHALK'S INTERNATIONAL
AIRLINES.
�!
INC., a Florida
corporation,
Defendant.
*
_
COME NOW the Plaintiff, City of Miami, and the Defendant,,
Chalks International Airlines, Inc., by and through their
respective undersigned counsel, and for their�Stipulation agree
as follows:
( L. In consideration of each party agreeing to comply with
the terms and conditions of this Stipulation, it is understood
and- agreed that this lawsuit is hereby voluntarily dismissed
without prejudice, with each party acknowledging that neither,
=� party is waiving any rights as to any issue raised by the
t
l allegations of the Complaint filed herein. Both parties further -
agree that: during_ the term of this Stipulation no actions will be,
taken by either party to increase or enhance its respective claim
to fee ownership -of the subject real property.
2. both parties agree that so long as Defendant is in
compliance with the further terms of this Stipulation, that .the;
issues raised by this lawsuit will not be litigated by either,
party hereto for a period of ten years from the date of this
Stipulation.
3. Defendant hereby agrees to donate the sum of Pi#teen<
Thousand ($15,OOO.u0) Dollars per, year on or before the 15th_day
of June of each year commencing June 15, 1989, to the City of
Miami Adopt* -A -Park Program for a period of ten (10) years. The.
City Commission of the City of Miami shall determine the
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9Srix'iFr�.=1+'+.iN-era +'K"
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' iiitior� tit i!'1x6hated fonds without gtt+ataphidll
r' bd to; the park or p& rks tO be rha beneficiary (Ifs this dbnstiofr,
a. Dofendalnt acreot to name the City of-Miaffii as _ai1
additional insured On hViation and Airport 000rat ipna insurance
anverage -%nd shall continue to provide 9UCh coverage to the, City
it Miamiduring the ten-year term of this Stioulation. Coverage
} provided to the City of Miami shall not be less than that GarYfed
by the Defendant throughout its air system, or the air system of
1
f' Defendant's Holding Company if Defendant is a wholly owned
subsidiary. Presently, such coveragIL amount is two hundred
million dollars ($700,000,000.00).
5. Defendant has reviewed and consents to the "Master
plan" for development of Watson Island adopted by the Commission
_! of the City of Miami on February 23, 1989, by Commission
=1 Resolution No. 99-199, and any amendments and successors thereto,
i
as it applies to Defendant as long as said plan either leaves
Defendant at present location or removes Defendant to another
location on Watson Island, and agrees to comply with the terms of
same if said plan is implemented and developed.
6. If Defendant is required to"move from the facility on
Watson Island presently utilized by the defendant to another
location on Watson Island, by a development plan adopted by the
City of Miami for development or redevelopment of Watson Island,
it is understood and agreed by the parties hereto that Defendant
will move to said new facility with the further understanding
that the facility will contain facilities of a nature similar to
—those presently utilized by Defendant for its seaplane ooeration
at its existing facility and, further, that Defendant will
relocate at no expense to said Defendant. Defendant will, after
any such required relocation continue to pay the donation
required under the terms of Paragraph 3 of this Stipulation and
the terms of this Stipulation will not be altered by the removal
to a different location on Watson Island. Removal to a different
location on Watson Island will in no manner alter or modify the -
claim of
the Defendant to ownership of its existing site on
5411
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€Y hF Attaft island and x1l not be
de#Mod a waiver of its► clBis of
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The Uhd6tsighed herebv rtOrfteht each to the other that they
have boten authorized by their
respective clients to enter into
LtLLL
said Stipulation and that their
Axecution of sane will bind their
�„
respective clients to the terms
and conditions contained herein.
,.
_• DATED this day of . 1969. at
,.,.,�......_
......._.......... .
t
Miat►1 t bade County. Florida.
`
CITY OF MIAMI, a Florida
QRALK'S INTERNATIONAL AIRbtNES.
—�
municipal corporation
INC., a Florida corporation
�.
(Plaintiff)
(Defendant)
By:
, �"' By:
ONO
Jorge L. Fernandez• City Atty. Harold M. Rifas
-
z
Attorney for City of Miami
1100 AmeriFirst Building
One S.E. Third Avenue
Tel.: (305) 579-6700
JLF/M/K/db/M111
3-
Attorney for Defendant
1435 South Miami Avenue
Miami. Florida 33132
Tel.: (305) 374-4620
r
CHALICIS INTERNATIONAL AIRLINES,
INC., a Florida corporation,
Defendant.
IN Tilt C I RCU iT COD't or "a 1 �'�l
m�
JUDICIAL CIRCUIT in AND R -DAb2
dOUNTY PLORiDA
CANE NO. 99-7029 CA-19
09NERAL JURISDICTION DIVISto" --
STIPM ATION OP VOLUMARY
DISMISSAL- WITa00V_ PRUDDICS ,
COME NOW the Plaintiff, City of Miami,
Chalk's International Airlines,
respective undersigned counsel,
as follows:
and the Defendant,
i
Inc., by and through their
and for their Stipulation agree
1. In consideration of each party agreeing to comply with
the terms and conditions of this Stipulation, it is understood
and agreed that this lawsuit is hereby voluntarily dismissed
without prejudice, with each party acknowledging that neither
party is waiving any rights as to any issue raised by the
allegations of the Complaint filed herein. Both parties further
agre< that during the term of this Stipulation no actions will be
taken by either party to increase or enhance its respective claim
to fee ownership of the subject real property.
2. Both parties agree that so long as Defendant is in
compliance with the further terms of this Stipulation, that the
issues raised by this lawsuit will not be litigated by either
party hereto for a period of ten years from the date of this
Stipulation.
3. Defendant hereby agrees to donate the sum of Fifteen
Thousand ($15,000.00) Dollars per year on or before the 15th day
of June of each year commencing June 15, 1989, to the City .of
Miami Adopt -A -•Park Program for a period of ten (10) years. The ;
City Commission of the City of Miami shall determine the
r H I BIT
1
R,
ad: ►. the vark or parka to be the beneficiary of this donation,'
Oefandant agrees to name the City of Miami as an
k' additional insured on aviation and Airport Operations insurance
coverage and shall continue to provide such coverage to the City
of Miami during the ten-year term of this Stipulation. Coverage
provided to the City of Miami shall not be less than that carried
by the Defendant throughout its air system, or the air system of
Defendant's Holding Company if Defendant is a wholly owner -
subsidiary. Presently, such coverage amount is two hundred -
million' dollars 0200000,000.00).
5. Defendant has reviewed and consents to the "Master
Plan" for development of Watson Island adopted by the Commission
of the City of Miami on Pebruary 23, 1989, by -Commission
Resolution No. 89-199, and any amendments and successors theretolp
as it applies to Defendant as long as said plan either leaves
Defendant at present location or removes Defendant to another
location on Watson Island, and agrees to comply with the terms of
same if said dlan is implemented and d-esreloped.
6. If Defendant is required to move from the facility on
Watson Island presently utilized by the defendant to another
location on Watson Island, by a development plan adopted by the
City of Miami for development or redevelopment of Watson Island,
it is understood and agreed by the parties hereto that Defendant
will move to said new facility with the further understanding
that the facility will contain facilities of a nature similar to
those presently utilized by Defendant for its seaplane operation
at 4ts existing facility and, further, that Defendant will
relocate at ,o expense to said Defendant. Defendant will, after
any such required relocation continue to pay the donation
required under the terms of Paragraph 3 of this Stipulation and
the terms of this Stipulation will not be altered by the removal
to a different location on Watson Island. Removal to a different
location on Watson Island will in no manner alter or modify the
claim of the Defendant to ownership
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of its existing site
on
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WAttah isand and shall not be
deemed a waiver of its clam
y;
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awnerahip..
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The undersigned hereby represent each to the other that they:
Have been authorized by their
respective clients to enter into
said Stipulation and that their
execution of same will bind their
;..
respective clients to the terms
and conditions contained herein.
�.11
DATED this .,,..� day of _0 Nr .. _. 1589, at
Miami, Dade County, Florida.
•
CITY OF MIAMI, a Florida
municipal corporation
(Plaintiff)
Jgrge L. ernandez, city A
A torney for City of Miami
1100 6miFirst Building
One S. . Third Avenue
Tel.: (305) 579-6700
JLF/M/K/db/M111
CHALK'S INTERNATIONAL AIRLINES.
INC., a Florida corporation
(Defendant)
e
By.
f' Harold M. Rifas
Attorney for Defendant
1435 South Miami Avenue
Miamit Florida 33131
Tel.: (305) 374-4620
RESORTS IMRVATIONAL, INC.) ALLOW ASSUMPTIONS OF JUNg 1$1 1989
CONDITIONS ZY; MY1140 BOAT, INC., (ALSO A SUBSIDIARY OF ARSORTS
INTERNATIONAL) (See label 42).
r.a.r..---------
Mayor Suarez: Item 21. City Attorney, voluntary dismissal without prejudice,
in the Chalk's International Air. Is this related to the change of the
corporate name or agreement with Chalk's so that you can proceed to operate a
seaplane facility there?
Harold Rifas, Esq.: Yes, yes, sir.
Mayor Suarez: OK, does the administration recommend it?
Ms. Angela Bellamy: Yes, we do.
Mayor Suarers Does any Commissioner have any problem with this?
Commissioner Plummer: The only question I'm asking is, for some reason,
they're telling me that this would make it easier to sell and it's the same
company, but it's transferring the name.
Mayor Suarez: OK, do you want to explain that, counselor?
Commissioner Plummer: And I'm sorry I didn't have a chance to get to Joel
Maxwell. You said he had worked with you on it. But it's a transfer of name
to facilitate the sale, yet they have no transfer rights of their obligation
to the City so I would like that explained a little bit more in detail on the
record.
Mr. Rifas: My name is Harold Rifas, I am counsel for Chalk's International
Airlines, Inc., 7900 Red Road, South Miami. The answer is simple in one way
and complicated in another. It involves FAA licensing requirements for
airlines and in order to separate the, now what runs as Paradise Island
Airways, from the seaplane operation that runs as Chalk's which today are
presently licensed under the same license. It's necessary that one of these
two entities be relicensed. In order to relicense the complications involving
relicensing of Paradise Island Airways or Chalk's into Paradise Island
Airways, would be long, expensive, time consuming, and arduous. It's a far
simpler matter to recertify what is now the seaplane operation and the reason
why we've asked for the change is they are allowing the second corporation to
utilize the Watson Island agreement, is purely and simply to facilitate the
transfer of the seaplane operations to an eventual new purchaser.
Mayor Suarez: Do we have final approval of that? -if that ever takes place?
Mr. Rifas: I'm sorry.
Mayor Suarez: I think we do, don't we? -on an assignment like that? If they
transferred the ownership and so on?
Robert Clark, Esq.: There is no agreement, contrary to the statement by
counsel. We have evicted or were in the process, I think it's an armistice
rather than a - that's about what this is.
Mayor Suarez: Well, not a total declaration of peace, just a...
Mr. Clark: No, but there is no, quote, agreement and the fact that we are
agreeing or asking you to go ahead with this is simply out of courtesy. This
doesn't change the position of the City in that Chalk's has no possessory or
ownership rights whatever in that piece of ground.
Commissioner Flummers Doesn't this, in effect, by them asking of
right, give the City more presence in its suit?
up the
190 Jm1._y 124" 111
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Mrs Clanks tell, thatia the
xk perception that the judge will heave to Saks
our position...
Cosisisasibiser Blusmners But if We granted, wouldn't your case be >rsote
r „ oubstant ial in court!
�r
Mr. Clarks I think the fact that they have asked us and the fact that we
r;. Would agree does put a favorable light on the situation.
Commissioner Plummers I don't think agree or disagree, Just their asking
gives us a better edge in court. You don't use anything negative in this to
the City?
Mr. Clark: No, air.
Commissioner Plummer: And, for the record, counselor, you are still going to
make your annual contribution of $15,000 from Chalk's Airlines to the City.
Mr. Rifass Yes, sir. Chalk's has not been - Chalk's Airlines has not asked
to be released from it's obligations under the agreement, simply asking that a
separate corporation be allowed to utilize the agreement.
Mayor Suarez: Has that money been going into the general fund?
Mr. Rifas: Yes. Oh, I'm sorry, to the Parks Department.
Commissioner Plummer: Parks Department, I think.
Mayor Suarez: Don't tell me you know our accounting better than we do because
then we're really in trouble.
Mr. Rifas: Somebody might.
Mayor Suarez: Yes.
Commissioner Plummer: Can we put a...
Mayor Suarez: Madam Assistant City Manager, anybody know where this money has
been going?
Mr. Luft: Going to a parks improvement fund.
Commissioner Plummer: Yes, that was stipulated.
Mayor Suarez: The old parks improvement fund. Couldn't...
Commissioner Plummer: Mr. City Attorney, can we include in this transfer
right that any successor has to negotiate with the City on future use by anew
user?
Mr. Clarks I think that's the whole result and concept...
Commissioner Plummer: Well, you know, I'm asking, can we do that?
Mr. Clark: That is the effect of the transfer of the of your action.
Commissioner Plummer: In other words, we agreed to the transfer today. Wo
then say that if you sell that to any other new user, that they would have to
come in and negotiate with the City, terms and conditions of a new agreesne�it,
Mr. Clark: Assuming that you wanted to - yes, you would, they would have to
deal with the City,
Mr. Rifas: I have to disagree with that, I wish Mr. Maxwell discbut...were here to
discuss this,
Cosnmissioner Plummer:
OK, in effect, if we deny them today, Oro the
y 4041edy
Clarks They are denied. The stipulation of dianisual is
WON before today atarted, Just that w+ay' t
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CITY OF MIAMI• FLOAIOA
INTER -OFFICE MEMORANDUM.
r0 : Nt RoeabIt MAyar and Members DATE : July 2, 1990 FILE
Of the CityCo>mItiosion
SUBJECT Sale of Chalk's International
Airlines Operation on
Watson Island by Resorts
FROM : Cesar H. Odio REFERENCES: International, Inc. Re:
City Manager Resolution No. 89-3.881
ENCLOSURES: Case No. 89-7029 (19) f
Stipulation of Voluntary
�snccraaas �.rti.cavu.: s-zc,�vurwc .
Dated June 13, 1989
On June 7, 1989, the City Commission adopted Resolution No.
89-358 (copy attached to proposed subject resolution), which
authorized the City Attorney to execute the Stipulation of
Voluntary Dismissal Without Prejudice in the case of City of
Miami vs. Chalk's International Airlines Inc.. Said Stipulation
stayed t gat on for ten years; required a onation from Chalk's
international Airlines. Inc. of $15,000.00 per year to a City
parks program; required insurance; and consented to the City's
development master plan for Watson Island.
Resorts International, Inc., in its letter of May 23, 1990,
to the City of Miami's Development Department, has requested that
it, as the holding company of Chalk's International Airlines,
Inc., contemplates the sale of the Chalk's seaplane entity
operating out of Watson Island. Said sale, however, is
contingent upon the new entity having the ability to operate the
existing seaplane operation on Watson Island.
Consequently, Resorts International, Inc., is requesting
that the City adopt a resolution permitting requirements of the
Stipulation of June 13, 1989, (approved via Resolution No. 89
538, June 7, 1989), be undertaken by another wholly -owned
subsidiary of Resorts International; this new subsidiary to be
named "Flying Boat, Inc.". The name of the new entity would be
changed back to Chalk's International Airline, Inc., subject to
the separation of the existing seaplane (Chalk's) operation and
existing Dash 7 Operation (Paradise island Airlines). Other than
this substitution of corporate entities, no other change or
modification of the June 13, 1989, Stipulation shall occur. All
other conditions contained therein will remain the same.
It is recommended that the City Commission adopt the
attached resolution authorizing the City Attorney to prepare and
execute documents necessary to effectuate the request of Resorts
International, Inc., while at the same time, protecting the
City's rights conveyed pursuant to the subject Stipulation,
without prejudice to the City. The City Attorney's Office has
t
r
advised the Administration that this modification may be made
without prejudicing the City's interest.
_ CHO:JEMtbftM2l4
cc: Jorge L. Fernandez, City Attorney
Herbert J. Bailey, Asst. City Manager
Joel E. Maxwell, Chief Asst. City Attorney
Harold M. Rifas, Esq.
E; Jack Luft, Development Coordinator
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM.
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V, The Honorable Mayor and Members July 3, 1990
of the City Commission SUI SECT :
Sale of Chalk's International
Airlines Operation on Watson
: REFERENCES : Island by Resorts
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Cesar H. International, Inc.
City Manage
ENCLOSURES:
RECOMMNIIATION
It is respectfully requested. the City Commission adopt', the,
attached Resolution authorizing the City Attorney to amend the
existing Stipulation of Voluntary Dismissal without prejudice.
[CircuitCourt Case No. 89-7029 (CA-19)] between the City of
Miami and Chalk's International Airlines, Inc. (a subsidiary of
Resorts International, Inc.) approved via Resolution No. 89-538
on June 7, 1989, and execute' appropriate documents, in a 'form
acceptable to the City .Attorney, with Resort International, Inc.
and Chalk's International Airlines, Inc. which will allow the
assumption of the June 12, 1989. conditions by another wholly -
owned subsidiary of Resorts International io ' be called "Frying
Boat,,;Inc."; said assumption of liability being without prejudice
to. the City of Miami and in no other way modifying -or amending
the subject Stipulation of Voluntary Dismissal Without Prejudice.
BACKGROUND:
On June 7, 1989, the. City Commission •adopted Resolution No. 89-
358 . (:oopy attached to proposed subject' resolution), which.
authorized the City •Attorney, to execute the Stipulation - of.
Voluntary Dismissal Without Prejudice in the case of Clty' of'.
Miami ,.vs:: Chalk's Internatiional, Airlines, .Inc. S4id Stipulation
stayed .l'itigation for ten years; 'required a donation from Chalk's
International Airlines,. Inc. of $1'5,000.00 per' year to a' City
parks, program; required insurance; , and consented to the Cityl s
development matter plane for Watson Island.
Redoirts International, - Inc., in its letter of May 23, 19901 to.
the -.City. of Miami.'s Development Department, has" requested that
as the holding company of Chalk's ' International-Air.�.�laes,;
Inc.,. contemplates the sale of the Chalk's seaplane entity.-
-operating out of Watson, Island,. Said' Gale, 040wevez', is
contingent upon the new entity having the ability to operate the
exiating seaplane operation on Watson.Island.
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The Honorable Mayor and Members page 2 July 39 1990
of the City Commission .
—� a uentl Resorts International, Inc., is requesting. that the
Cons q y,
City adopt a resolution permitting requirements of the
Stipulation of June 13, 1989, (approved via Resolution No., 89
5.38, June 79, 1989) , be undertaken by., ` another wholly -owned
subsidiary of Resorts International; this new subsidiary , to be.
named "Flying- Boat, Inc.". The name of the new entitywould be
changed back to Chalk's International Airlines, Inc., subject to
the ."separation of the existing seaplane' ( Chalk's) operation `'and. `
_ existing Dash 7 Operation (Paradise Island Airlines) . Other than .
this "substitution of corporate entities, no other ohange ar
modification of the June 13, 1989, Stipulation shall occur. All
other c`oaditions Contained therein will remain the same.
It is 'recommended that the City Commission adopt the attached''`
_ resolution author"izing the City Attorney to prepare .and execute.
documents necessary to effectuate the request of Resorts
International, 'Inc., while at the same time, protecting the.
City's;-rights conveyed pursuant to the subject Stipulation,
without prejudice to the City. The City Attorney's Office has
=j advised the Administration that this modification may be made
without,prejudicing the City's interest.
c c: Jorge L. Fernandez, City Attorney
—� Herbert J. Bailey, Asst. City Manager
=; Joel E. Maxwell, Chief-Asst. City Attorney
Harold M: Rifas, Esq.
Jack Luft, Development Coordinator
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