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RESOLUTION NO.2020 - 11 52-.. <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY <br />ISLES BEACH, FLORIDA, APPROVING A SETTLEMENT AGREEMENT <br />BETWEEN THE CITY OF SUNNY ISLES BEACH AND ROMACORP, INC., <br />ATTACHED HERETO AS EXHIBIT "A"; PROVIDING THE CITY <br />MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO <br />ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; <br />PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, the City of Sunny Isles Beach ("City") and RomaCorp., Inc. ("RomaCorp") <br />entered into a lease agreement commencing on July 28, 2003 for the premises located at 18050 <br />Collins Avenue, Sunny Isles Beach, Florida, wherein RomaCorp operated a Tony Roma's restaurant <br />("Lease"); and <br />WHEREAS, disputes have arisen between the parties relating to the Lease and claims have <br />been asserted by the respective parties concerning the possession of the premises and the payment <br />of rent; and <br />WHEREAS, City and RomaCorp deny the allegations that have been asserted against the <br />other and maintain that they have acted in conformity with the provisions of the Lease and in <br />accordance with applicable law; and <br />WHEREAS, the Parties wish to avoid the expense, inconvenience, and uncertainty of <br />protracted litigation, and have agreed to enter into a Settlement Agreement, which is attached hereto <br />as Exhibit "A" and incorporated herein by reference, wherein RomaCorp agrees to pay to City the <br />total sum of Eighty Thousand Dollars ($80,000.00), and the Lease will thereafter be terminated. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and <br />confirmed as being true and the same are hereby made part of this Resolution. <br />Section 2. Approval of the Settlement Agreement. The City Commission hereby approves the <br />Settlement Agreement between the City of Sunny Isles Beach and RomaCorp, Inc., attached hereto <br />as Exhibit "A". <br />Section 3. Authorization of City Manager and City Attorney. The City Manager and City <br />Attorney are hereby authorized to do all things necessary to effectuate the terms of this Resolution. <br />Section 4. Effective Date. This Resolution shall become effective upon adoption. <br />PASSED AND ADOPTED this 171h day of Deeember 2020. <br />George`H. Scholl Mayor <br />R2020 Settlement Agmt w RomaCorp Page 1 of 2 <br />