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HomeMy WebLinkAbout020772 MINUTES City Commission, Sanford, Florida February 7 at 4:45 P. M. 19 72 573 , , , DO?It'I~ROW O~FF. Ig'~ ~,IJPPLY,,,~JO.,MPANY The City Commission of the City of Sanford, Florida, met in special called session at the City Hall in the CitY of Sanford, Florida, at 4:45 o'clock P. M. on February 7, 1972. Present~ Mayor-Commissioner Lee P. Moore '~' Commissioner A. A. McClanahan ~ Commissioner Gordon T. Meyer Commissioner John A. Morris ' ~ COmmissioner Julian L. Stenstrom City Attorney W. C. Hutchison, Jr. City Manager W. E. Knowles City Clerk H. N. Tamm, Jr. Absent: Police Chief Ben E. Butler The meeting was called to order by the Chairman. Commissioner Meyer moved to waive the requirement of the twenty-four hours written notice and to call the meeting into special session. Seconded by Commissioner Stenstrom and carried by the unanimous vote of the Commission. Commissioner Meyer moved to approve the Stipulation in Civil Action No. 70-843, Monroe Harbour, Inc., vs City of Sanford~ Seconded by Commissioner McClanahan and darried. Stipulation being in words and figures as follows: STIPULATION Pursuant to Summary of Findings and Order entered by this Court November 8, 1971, as extended by subsequent Orders, dated December 7, 1971, January 11, 1972 and January 26, 1972, the parties hereto having made a diligent effort to carry out their responsibilities as outlined therein and in fulfillment of their responsibilities do hereby stipulate and agree as follows: 1. The City of Sanford agrees as expeditiOusly as possible to enter into construction contracts with T. W. Blount, Jr;~and SOn Contracting Co. of Jacksonville, Florida for the re- construction of Pier A as nearly as possible toits original condition, with the exception of electrical and plumbing work, according to p=oposal attached hereto as Exhibit 1, and to enter into a zontract with the same~contractor for construction of a breakwater in the West Harbor according to proposal attached hereto as Exhibit 2, such contracts to provide for commencement and completion of said project as expeditiously as possible. 2. The City of Sanford, at its expense, agrees to provide the required electrical and plumbing installation on Pier A to be as nearly as practicable to the original installation. 3. Monroe Harbour, Inc. agrees to reimburse the City of Sanford for $39,862.00 ~on- tract price for the reconstruction of Pier A, as stated in Paragraph 1 above, and does agree to make reimbursement as and when payments become due under the contracti andu~on request, in writing, and upon approval by the Engineer of the City of Sanford. The City of Sanford does agree that any and all credits from Becleve Unifloats, Inc., Florida Flom£~ Inc. or O. B. Vodrey, if any, to the contractor and from the contractor to'the City 9~f Sanford, shall inure to the benefit of Monroe Harbour, Inc. 4. Upon completion of the construction of Pier A, with the exception of the electrica and plumbing work, and payment therefor by Monroe Harbour, Inc., as provided in Paragraph 3 abow the City of Sanford does agree to release Monroe Harbour, Inc. as to all matters arising out of or pertaining to the subj~ect matter of this litigation. MINUTES City Commission, Sanford, Florida February 7 at 4:45 P. M. 19 72 or pertaining to the subject matter of this litigation, 6. The City of Sanford agrees to require the contractor to furnish a payment and performance bond with Monore Harbour, Inc., paying the cost of the bonds for the reconstrBction of Pier A, except the electrica! and plumbing work, but not to exceed a cost of.$400.00, and the City of Sanford shall pay the cost of said bonds as it relates to the breakwater, but not to exceed $240.00. 7. The parties hereto agree that any or all alleged breaches of obligatiOns relating to the Lease her~in or the Operating Franchise, copies of which are attached to the original pleading herein, and occurring'prior to July 21, 1971, are waived, and that the Lease, as amend ed, and the Marina Operating Franchise Agreement, as amended, are in full force and effect as of the aforesaid date. 8. The parties hereto do further stipulate and agree to this Court entering a Final Judgement approving the terms and conditions of this Stipulation and ordering that upon com- pliance by each party hereto, as provided herein, that this matter shall be concluded and dis- missed with prejudice. Thi!s Stipulation approved and signed the 7th day of February, 1972 by the undersigned counsel for Plaintiff, Monroe Harbour, Inc., and on the 7th day of February, 1972 by the under- signed counsel for Defendent, City of Sanford. TURNBULL, ABNER & DANIELS W. C. HUTCHISON, JR. CLEVELAND, MIZE &BERRY Cousel for Defendant Cousel for Plaintiff CITY OF SANFORD MONR~EHARBOUR, INC. Commissioner Meyer moved that pursuant to judicial decree in the in the aforesaid Civil Action No, 70-843,.and due to the emergency nature of the problem, therefore, to waive the bid requirements and to approve the construction Contracts for the restoration of Pier A and the construction~.~z:.~:Break~ater~:~in:~th~c~West Harbour of the City Marina on Lake Monroe. Seconded by commissioner Morris and carried. On motion of Commissioner Meyer, seconded by Commissioner Stenstrom and carried, the meeting was adjourned, ATTEST: lm MAYOR MINUTES City Commission, Sanford, Florida February 7 at 5:30 P. M. OFFICE SUPPLY COM~,ANY ' ' , ,, 19, 72 The City Commission of the City of Sanford, Florida, met in special called session at the City Hall in the City of Sanford, Florida, at 5:30 P. M. on February 7, 1972. Present: Mayor-Commissioner Lee P. Moore Commissioner A. A. McClanahan Commissioner Gordon T. Meyer Commissioner John A. Morris Commissioner Julian L. Stenstrom City Attorney W. C. Hutchison, Jr. City Manager W. E. Knowles City Clerk H. N. Tmr~, Jr. Absent.: Police Chief Ben E. Butler The meeting was called to order by the Chairman. Commissioner McClanahan moved to waive the requirement of the twenty-four hours written notice and to call the meeting into special session. and carried. Consideration given to a request submitted by the City Manager to attend several meetings in Washington, D. C., of the Ad*isory Committee of the International City Managers Association for planning their 1972 Conference, and on motion of Commissioner McClanahan, seconded by Commissioner Meyer and carried, the request was approved and funds to provide for same were authorized to be transferred from Contingency Account No. 8150. On motion of Commissioner McClanahan, seconded by Commissioner Stenstrom and carried, the meeting was adjourned. Seconded by Commissioner Stenstrom MAYOR