HomeMy WebLinkAboutR-74-1264RESOLUTION NO+, 74-12 4 .x.
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER AND THE CITY CLERIC
TO ENTER INTO AN AGREEMENT, WITHOUT
THE ADMISSION OF LIABILITY, IN THE CASE
OF CITY OF MIAMI VS. FLORIDA EAST COAST
RAILWAY COMPANY, CIRCUIT COURT CASE
NUMBER 74-18560, PROVIDING FOR THE SALE
OF FILL BY THE CITY OF MIAMI TO THE
FLORIDA EAST COAST RAILWAY COMPANY.
WHEREAS, in the case of City of Miami vs. Florida
East Coast Railway Company, Circuit Court Case No. 74-18560,
the City of Miami procured a temporary injunction to prevent
further filling of the Florida East Coast Railway property
by the Railway Company at the Railway's P. & O. Dock property
on July 3, 1974; and
WHEREAS, the Florida East Coast Railway Company is
claiming certain damages to have accrued as a result of the
entry of the temporary injunction, which was subsequently
dissolved; and
WHEREAS, damages are properly assessible against a
plaintiff where there has been an entry of a temporary injunc-
tion which has been subsequently dissolved; and
WHEREAS, after negotiation between representatives of
the City of Miami and the Florida East Coast Railway Company,
it has been agreed that possible damages which might accrue to
the Florida East Coast Railway Company as a result of the entry
of the temporary injunction may be mitigated in the following
fashion:
(1) By the sale of 79,576 cubic yards of fill by the
City of Miami to the Florida East Coast Railway Company, at a
price of $1.2831 per cubic yard; said price to be adjusted
upward or downward, depending upon whether the cost of loading
and moving fill and inspectors' fees is more or less than
81 cents per cubic yard, based upon the lowest bid of no less
than three responsible contractors; said fill to come from the
old City port property;
(2) The above amount of payment to the City for the
said 79,576 cubic yards of fill is to be reduced by the sum of
$25,000 to cover out of pocket costs to the Railway Company but
agrees only that if any liability for said costs is subsequently
found to exist, the amount of damages will be mitigated and
lessened by the 79,576 cubic yards of fill made available to
the Florida East Coast Railway Company ; and
WHEREAS, the City of Miami wishes to be released from
liability as to all damages possibly incurred for legal and
court costs to the Railway;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The City Manager and the City Clerk of
the City of Miami are hereby authorized and directed to enter
into an agreement, without the admission of liability, in the
case. of City of Miami vs. Florida East Coast Railway Company,
Circuit Court Case Number 74-18560, providing for the sale of
fill, by the City of Miami to the Florida East Coast Railway
Company on the following terms and conditions:
(a) The City of Miami shall sell to the Florida
East Coast Railway Company 79,576 cubic yards of fill at a price
of $1.2831 per cubic yard; said price to be adjusted upward or
downward, depending upon whether the cost of loading and moving
fill and inspectors' fees is more or less than 81 cents per cubic
yard, based upon the lowest bid of no less than three responsible
contractors; said fill to come from the Old City port property;
..2-
(b) The amount of the payment required for the
sale of the fill shall be reduced by the sum of $25,000 to
cover out of pocket costs to the Railway Company, including
legal fees and expenses involved in the court proceedings;
(c) The City of Miami shall be released from
all liability as to damages, legal expenses and court costs
to the Railway as a result of the case of City of Miami vs.
Florida East Coast Railway Company, Circuit Coqut Case No. 74-18560,
including any and all appeals and petitions from said case;
(d) The City of Miami in entering into the
agreement does not admit liability.
PASSED AND ADOPTED this 21 day of NOVEMEER
1974.
MAURICE A, FERRE
ATTEST:
zi
CI CLERK
PREPARED AND APPROVED BY:
MAYOR
MICHEL E. ANDERSON
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
HN S. LLOYD
ty Attorney
CITY COMMISSION
M'F.T1NG OF
NOV24-49774
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