RESOLUTION LETTER
-;
'"
I~ .,
~1J (til.~ "~~.,~ () Jvc . ~-1/,,-j;--.1
t f lAW OF'F'ICES
,
M9MULLEN, EVERETT, LOGAN, MARQUARDT r,. CLINE, P. A.
( (/ ')~? 7~"-
II'
r.'....-....
FIRST NATION."-L ~A"'K RLJILDIr,,;G
~J()HN TWEED M~MULlE:N
.<OE S, EVERETT
'-<'lANK C. LOGAN
:MIL C. MAROUARDT, JR.
HARRY S.CLINE
J. PAUL RAYMOND
.JAMES A.MARTIN, ..JR.
CU::~.RWATER, F'LORIi)A 3:~6'7
P.O.BOX IE', '"
(eI3)"l"lI~e('6e
November 5, 1975
Mr. Thomas A. Bustin
Clearwater City Attorney
Post Office Box 4748
Clearwater, Florida 33518
Dear Mr. Bustin:
Thank you for your willingness to meet with me on October 28, 1975
concerning a resolution of the Clearwater Golf P;;.rk, Inc. Inatter. I have
',- 'I.."",,.', .' .
discussed this matter with my c!ieii-r"'iifconsid'erable length.
My client is willing to do the following:
1. Forgo its appeal of the finding relating to the dirt question.
2. Agree to pay, by itself, the $6, 103.85 which is in fact the prima:>:,)'
responsibility of Clearwater Aircraft, Inc.
3. Agree to pay for 15,000 cubic yards of dirt at 75 f. per cubic yard.
In return my client asks for the following:
1. The City's Agreement to allow the $6, 103.85 and $11,250 (a total of
$17, 353. 85) to be paid in equal monthly payments over three years with-
out interes t, beginning Decernber, 1975.
2. The City agree to hypothecate.the lease to a $400,000 loan made by'
Exchange Bank of Tampa, payable OVer a period of between seven to ten
years.
It appears to me that this request is very reasonable in light of the follovling:
1. The Court's decision that 15,000 cubic yards of dirt was taken is
not based upon any evidence in the record and therefore an appeal would
be well-founded.
2. The Court has ruled that the $6, 103.85 is to be paid by Clearwater
Aircraft, Inc. In that Clearwater Aircraft, Inc. was not party to the
arbitration proceeding and since its sublease does not provi de that,dis-
putes would be handled by al'bitration the City would have to take action
against Clearwater Aircraft, Inc. to obtain the $6, 103.85 payment.
I l,?;~~)r,' ,. /0
41 . ..,. '"
., . ,- ..
'.', ,-'
..
~r. Thomas A. Busln
November 5, 1975
Page 2
r
In my opinion based upon the evidence involved in our hearing the
proceeding to collect the $6, 103.85 would be costly to the City. In
agreeing to my client's proposal, that cost is eliminated.
3. The hypothecation right has been ordered already by the Court.
4. This method of resolving the problems would put to an end contro-
versy over the dirt issue which has plagued my client and the City for
some time.
I would appreciate hearing from you at your earliest convenience. If an
appeal is to be filed it must be done by November 13th.
Sin~~\<
Emil C. Marquardt, Jr.
ECM:vl
c. c.: Mr David S. Goldman
.......-. -
.. ."-..
.....
_"~II'l. . '_. .
-,',-"'>fI
J1gCEnt~
No~ ~ 1.974
Clff '.
-'-_. 4 A.ttQRN~
,
i
I
j
. '" -.' ,..'
....t,.... "..__...
.,
. "