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RESOLUTION NO. 2014- - 4 <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, APPROVING A <br />SETTLEMENT AGREEMENT IN THE CASE STYLED <br />"TEMPLE B'NAI ZION, INC. V. CITY OF SUNNY ISLES <br />BEACH, ET AL. CASE NO. 10- 24549 - CIV -KMW" IN <br />SUBSTANTIALLY THE SAME FORM ATTACHED HERETO <br />AS EXHIBIT "A "; FURTHER APPROVING A RESTRICTIVE <br />COVENANT FOR THE PROPERTY LOCATED AT 200 178TH <br />STREET, SUNNY ISLES BEACH, FL, 33160, DESIGNATED BY <br />THE CITY'S HISTORIC PRESERVATION BOARD AS A <br />HISTORIC SITE, IN SUBSTANTIALLY THE SAME FORM <br />ATTACHED HERETO AS EXHIBIT "B "; PROVIDING THE <br />CITY MANAGER AND THE CITY ATTORNEY WITH THE <br />AUTHORITY TO DO ALL THINGS NECESSARY TO <br />EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN <br />EFFECTIVE DATE. <br />WHEREAS, Temple B'Nai Zion, Inc. ( "Temple ") and the City of Sunny Isles Beach <br />( "City ") are parties to that lawsuit styled "Temple B'Nai Zion, Inc. v. City of Sunny Isles Beach, <br />et al. Case No. 10- 24549- CIV - KMW ", pending in the United States District Court for the <br />Southern District of Florida; and <br />WHEREAS, the Temple appealed the City's Historic Preservation Board's designation of <br />the Temple's property located at 200 1781h Street, Sunny Isles Beach, FL 33160, as a historic site; <br />and <br />WHEREAS, the City and the Temple have reached an agreement whereby for <br />consideration and promises contained in the Settlement Agreement and Release ( "Agreement ") <br />the parties unconditionally release and discharge each other from any and all claims, demands, <br />liability, and cause of action of any kind or nature; and <br />WHEREAS, the City Commission wishes to approve the terms and conditions outlined <br />in the Agreement and Release in substantially the same form attached hereto as Exhibit "A "; and <br />WHEREAS, the City further wishes to approve the terms and conditions for the <br />restrictive covenant for the Temple's property located at 200 178th Street, Sunny Isles Beach, FL, <br />33160, in substantially the same form attached hereto as Exhibit "B ". <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Approving the Settlement Agreement and Release. The Settlement Agreement and <br />Release in the lawsuit styled "Temple B'Nai Zion, Inc. v. City of Sunny Isles Beach, et al. Case <br />No. 10- 24549- CIV - KMW ", is hereby approved in substantially the same form attached hereto as <br />Exhibit "A ". <br />Page 1 of 2 <br />