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SJNNY /S4�J City of Sunny Isles Beach <br />a° F 18070 Collins Avenue, Suite 250 <br />i Sunny Isles Beach, Florida 33160 <br />(305) 947 -0606 City Hall <br />(305)949 -3 1 13 Fax <br />r o ��o� Sj (305) 947 -2150 Building Department <br />(305) 947 -5107 Fax <br />Y OF SUN P <br />MEMORANDUM <br />TO: Honorable Mayor and City Commission <br />FROM: Hans Ottinot, City Attorne <br />DATE: July 17, 2014 <br />City Commission <br />Norman S. Edelcup, Afayor <br />Isaac Aelion, Vice Mayor <br />Jeanette Gatto, Commissioner <br />Jennifer Levin, Commissioner <br />George "Bud" Scholl, Commissioner <br />Christopher J. Russo City Manager <br />Hans Ottinot, City Attorney <br />.lane A. Hines, MMC, City Clerk <br />RE: Resolution approving the settlement agreement and release in the case styled <br />"Temple B'Nai Zion, Inc. v. City of Sunny Isles Beach, et al. case no. 10-24549 - <br />CIV-KMW" <br />RECOMMENDATION <br />It is recommended that the City Commission approve the settlement agreement and release in the <br />lawsuit styled "Temple B'Nai Zion, Inc. v. City of Sunny Isles Beach, et al. case no. 10-24549 - <br />CIV -KMW ". It is further recommended that the City Commission accept the related restrictive <br />covenant for the Temple's property located at 200 178th Street. <br />REASONS <br />Temple B'Nai Zion, Inc. ( "Temple ") and the City of Sunny Isles Beach ( "City ") are parties to <br />that lawsuit styled "Temple B'Nai Zion, Inc. v. City of Sunny Isles Beach, et al. Case No. 10- <br />24549 -CIV- KMW ", pending in the United States District Court for the Southern District of <br />Florida. The lawsuit arises out of the Temple's appeal of the historic site designation of the <br />Temple's property located at 200 178th Street, Sunny Isles Beach, FL 33160. <br />The City and the Temple have reached an agreement whereby for consideration and promises <br />contained in the Settlement Agreement and Release ( "Agreement ") the parties unconditionally <br />release and discharge each other from any and all claims, demands, liability, and cause of action <br />of any kind or nature. The relevant terms and conditions of the Agreement are as follows: <br />• the City shall pay the total sum of One Hundred Seventy Five Thousand Dollars <br />($175,000.00) to the Temple within thirty (30) days of execution of the Agreement; <br />• the City shall also deposit Transfer of Development Rights ( "TDRs ") in the amount of <br />Fifteen Thousand (15,000) square feet of floor area and five (5) dwelling units <br />