HomeMy WebLinkAboutR-90-0328AML
-__—:J-90-3€34
_ -`' 4/26/90
RESOLUTION NO.
90-0328
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
AMEND THE EXISTING SETTLEMENT STIPULATION, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY,
BETWEEN THE CITY OF MIAMI AND JOSEPH MAGGIO,
IN THE CASE OF THE CITY OF MIAMI VS. JOSEPH
MAGGIO AND SCHOONER HERITAGE OF MIAMI, INC.,
TO EXTEND THE PAYMENTS REQUIRED TO SATISFY
THE EXISTING JUDGMENT OBLIGATION, SAID
AUTHORIZATION BEING CONDITIONED UPON THERE
BEING A LIEN UPON THE VESSEL "WILLIAM H.
ALBURY," SAID LIEN CONSISTING OF THE CITY'S
CONDITIONAL RIGHT TO DEMAND A FORCED SALE AT
PUBLIC AUCTION WITH THE CITY TO RETAIN THE
PROCEEDS OF SUCH SALE, WITH SAID DEFENDANTS
BEING REQUIRED TO RECOGNIZE SUCH LIEN, AND
WITH SAID DEFENDANTS BEING ALSO REQUIRED TO
MAKE THE VESSEL "WILLIAM H. ALBURY" AVAILABLE
AT NO CHARGE FOR CHARTER PARTIES CONSISTING
- OF CHILDREN PARTICIPATING IN THE PUBLIC PARK
PROGRAMS, ONE DAY PER MONTH, DURING THE TIME
SUCH JUDGMENT IS OUTSTANDING; AND WITH THE
HEREIN TERMS AND CONDITIONS BEING
INCORPORATED IN THE HEREIN AUTHORIZED
STIPULATION AMENDMENT.
WHEREAS, Joseph Maggio and Schooner Heritage of Miami, Inc.
entered into a Settlement Stipulation with the City (Circuit
Court Case No. 87-30093) on January 18, 1989, whereby Mr. Maggio
agreed to pay monthly installments of $709.97 for outstanding
dockage fees; and
WHEREAS, Mr. Maggio has defaulted by failing to make payment
due December 1, 1989, and the City subsequently obtained a Final
Judgment for the outstanding balance due; and
WHEREAS, the anticipated volume of business to be generated
by the "Schooner Heritage of Miami II", belonging to Mr. Maggio,
has not been sustained and the available cash has been therefore
reduced in the past two (2) years; and
WHEREAS, Mr. Joseph Maggio has requested relief from the
City of Miami Commission from said negotiated schedule of
payments so as to meet his obligations in the future; and
WHEREAS, a negotiated proposal for an amount less than the
current $709.97 monthly payment is considered feasible in view of
CITY COMMISSION
- MEETING or
apR 26094
�32
RESOWlic) too.
— REMARKS:
the fact that these payments are in adeli.tion to the $585.00
monthly payments paid for dockage fees to Miamarina at Bayside;
and
WHEREAS, the herein proposed repayment schedule is more in
line with Mr. Maggio's current earnings from the operation of the
"Schooner Heritage of Miami II"; and
WHEREAS, interest at the rate of ten percent (10%) per annum
on the unpaid balance shall be paid to the City of Miami as of
December 1, 1989; and
WHEREAS, all conditions affecting this payment which
presently exist in the Settlement Stipulation (Circuit Court Case
No. 87-30093) shall remain the same;
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. Mr. Joseph Maggio shall pay to the City of
Miami, as agreed, the foregoing sum of $13,509.67, which was owed
as of December 1, 1989, plus interest computed at a rate of ten
percent (10%) per annum on the outstanding balance until the debt
is liquidated; said outstanding debt shall amount to $14,072.57
on May 1, 1990, upon computation of the interest.
Section 3. Mr. Maggio shall pay the foregoing sum
($14,072.57) in monthly installments of $250.00, including both
the principal and interest on the outstanding balance, until the
debt is paid in full.
Section 4. A lien in favor of the City of Miami is
hereby placed upon the vessel "William H. Albury," as agreed, as
further guaranty for the payment of the debt owed by Mr. Maggio,
and the City may demand that the vessel be sold if payment is not
timely made and, if gold, the proceeds of the sale will go
towards the reduction of Mr. Maggio's indebtedness to the City.
Section 5. Mr. Maggio shall make the vessel "Schooner
Heritage of Miami II" available to the City of Miami. Parks and
Recreation Department at no cast for use by participants in the
City's youth park: programs, said vessel to be available once a
month until the said Final Judgment is satisfied. '
Section 6. All of the herein Provisions are to 13P
included in an Amendment to the Settlement Stipulation, and all
other conditions contained in the January 18, 1989 Settlement
Stipulation (Circuit Court Case No. 87-30093) shall remain the
same.
Section 7. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 26t.h day of April___. , 1990.
� X4%-�
XAVIER L. / S
ATT T-
MAT Y HIR:AI
CITY CLERK
PREPARED AND APPROVED BY:
HU BERTO HERNAND Z
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JOR E L. FER ANDEZ
CITY ATTORN
HH:yv:M1486
Z, MAYOR
-3- '90- 0328
LA
Topsail Schooner
HERITAGE OF MIAAH II
Preserving Miami's Seafaring Traditions and Maritime Heritage.
March 29, 1990
Mayor Xavier Suarez
and Honorable Commissioners
City of Miami
3400 Pan American Dr.
Miami, F1. 33133
Subject: Schooner Heritage of Miami
Honorable Mayor and Commissioners:
E�
Captain Joseph A. Maggio
We request an opportunity to appear before the City Commission
to obtain your approval for a revised repayment schedule relating
to the expenses incurred by the sailing vessel Heritage of Miami
while representing the City in Operation Sail in New York Harbor.
The Heritage of Miami as a sailing attraction in Biscayne Bay has
encountered economic difficulties stemming from conditions at the
Bayside Marina, as well as the depressed nature of business in the
past year.
Consequently our obligations to the City on a monthly basis have
seriously burdened our operation. The particular $700 a month
repayment schedule simply cannot be met by operating revenues.
The enclosed suggested repayment schedule of $145.15 will meet our
obligation in full over a longer period of time.
This matter has been addressed by the City Administration and we
have encountered no objections, as evidenced by the attached corres—
pondence.
We would appreciate it if the procedure could be activated by which
we could appear before the City Commission.
Sincerely yours,
seph A. Maggio
Sailing Master
3145 Virgina Street, Coconut Grove, Florida 33133 • Telephone (305) 442.9697
(-a. C< t-�t l ? t�� .
90. 03 8
/ J r
Topsail Schooner
HERITAGE OF IMIAMI II
')g1ppVp Joseph A. Maggio
Preserving Miami's Seafaring Traditions and Maritime Merltag'��O �,r,� 22 m 1-
March 21, 1990
Mr. Waldemar Lee
Asst. City Manager
City of Miami
3500 Pan. American Dr.
Miami, F1. 33133
Re: Heritage of Miami Account at Dinner Key Marina
Dear Mr. Lee:
Pursuant to the meeting with Mr.'Carlos Smith, Alfredo Rodriguez
and myself, the enclosed revised repayment schedule reflects our
understanding that the $145.15 monthly amount would relieve us
from the other additional burdens that were discussed.
If you, as expressed in the above mentioned meeting, would not
object to this schedule, upon your confirmation I will proceed to
request a personal appearance at the City Commission for their
approval. If you concur, please kindly initial the enclosed copy
so I can proceed.
Sincerely yours,
�rn
Josepli H. Maggie
cc: Carlos Smith
Alberto Rude.'
Alfredo Rodriguez
2_
3145 Virgina Street, Coconut Grove, Florida 33133 •'Telephone (305) 442-9697
90- 0328
I;.
Itrow $
10, 983. 93 at
10. for 10..
years, paymei.-
is - g -45. Y' ; V K
Payment
Beginning
Principal
Interest
cumulative���
Number
Balance
Amount
Amount
Interest.
1.
10, 983.93
53.62
91.53
91.53 ,.` •�
2.
10,930.31
54.07
91.09
182.62.• -"
3.
10,876.24
54.52
90.63
273.25
4.
10,821.72
54.97
90.18
363.43
5.
10, 766.75
55.43
89.72
453.16
6.
10, 711.32
55.89
89.26
542.42'.Y
7.
10; 655. 43
56. 36
88.79
_ 631.21
8.
10,599.07
56.83
88.33
719.54
9.
10,542.24
57.3
87.85
807.39
10.
10,484.94
57.78
87.37
894.77
11.
10,427.16
58.26
86.89
981.66
12.
10,368.9
58.75
86.41
1,068.07
13.
10,31.0.15
59.23
85.92
1,I53.98
14.
10,250.92
59.73
85.42
10239.41
15.
16.
10,191.19
10, 130.96
60.23
_ 84.93 .1j324.33•a ---
'J"1-,,COS": -7
1.7.
10, 070. 23
60.73
61.23
84.42
83.92
1, 492 .68 'AJ,
18.
10,009-.
61.75
83.41
1,576.09
19.
9,947.25
62.26
92.89
1,658.98
,-20.
9,884.99
62.78
82.37
1,741.36
21.
9,822.22
63.3
. 81.85
1,823.21
22.
9,758.91
63.83
81.32
1,904.53
23.
9,695.09
64.36
80.79
1,985.32
24.
9,630.73
64.9
80.26
2,065.58
25.
9,565.83
65.44
79.71
2,145.29
26.
9,500.39
65.98
79.17
2,224.47- :r
27.
9,434.41
66.53
78 .62
2,303.09 - -• �"`-:
q
28.
9,367.87
67.09
78.07
2,381.15
29.
9,300.78
67.65
77.51
2,458.66 .•.:. ;;
30.
9,233.14
68.21
76.94
21535.6
31.
9,164.93
68.78
76.37
2,611.97
32.
9,096.15
69.35
75.8
2,687.78 -
33.
9,026.79
69.93
75.22
2,763.
34.
8,956.87
70.51
74.64
2,837.64
35.
8,886.35
71.1
74.05
2,911.69
36,
8,815.25
71.69
73.46
2,985.15
37.
8,743.56
72.29
72.86
3,058.02
38.
8,671.27
72.89
72.26
3,130.28
39.
8,598.37
73.5
71.65
3,201.93
40.
8,524.87
74.11
71.04
3,272.97-
41.
8,450.76
74.73
70.42
3,343.39
42.
8,376.03
75.35
69.8
":,,
3, 413.19•�=- ' -` • ` `
43.
8,300.68
75.98
69.17
3,682.37
44.
8,224.7
76.61
68.54
3,550.91 �.
45.
8,148.08
77.25
67,9
3,618.81 = "
46.
8,070.83
77.9
67.26
3,686.06
47.
7,992.93
78.55
66.61
3,752,67'',
48.
7,914.39
79.2
65.95
31818.62 -�-� •"
s_
49.
7,835.19
79.86
65.29
3,883.92 '
50.
7,755.33
80.53
64.63
3,948.55
51.
7,674.8
81.2
63.96
4,012.5
52.
7,593.61
81.87
63.28
4,075.78
53.
7,511.73
82.55
62.6
4,138.38
54.
7,429.18
83.24
61.91
4,200.29
55.
7,345.93
83.94
61.22
4,261.51,
9()32$
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