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<br />- <br /> <br />SETTLEMENT AGREEMENT <br /> <br />-:rt.- <br />SETTLEMENT AGREEMENT ("Agreement") made as ofthis2~ day of January, 2010 <br /> <br />by and between GOLD CLUB, INC. ("Gold Club"), a Florida Corporation, and CITY OF <br /> <br />SUNNY ISLES BEACH ("City"), A Florida Municipal Corporation. <br /> <br />RECITALS <br /> <br />WHEREAS, Plaintiff, Gold Club and Defendant, Sunny Isles Beach are parties to that <br /> <br />certain lawsuit styled The Gold Club, Inc., v. City of Sunny Isles Beach, pending in the Circuit <br /> <br />Court of Eleventh Judicial Circuit In and For Miami-Dade County, Florida, General Jurisdiction <br /> <br />Division, Civil Case No.: 09-47597 CA 24 ("the Lawsuit"); and <br /> <br />WHEREAS, Gold Club and the City desire to amicably resolve the dispute between <br /> <br />them, including, but not limited to, the subject matter of the Lawsuit, and to obviate the necessity <br /> <br />of incurring additional attorneys' fees and costs therein; <br /> <br />AGREEMENT <br /> <br />NOW, THEREFORE, in consideration of the mutual promises set forth herein, and <br /> <br />other good and valuable consideration, the receipt and sufficiency of which is hereby <br /> <br />acknowledged, the parties hereto agree as follows: <br /> <br />1. The above recitals are true and correct. <br /> <br />2. It is expressly understood and agreed that this Agreement is in settlement of <br /> <br />disputed claims, and that no party hereto admits or concede liability, damages or any wrongdoing <br /> <br />whatsoever. <br /> <br />3. Plaintiff, Gold Club and Defendant, City of Sunny Isles Beach agree that in full <br /> <br />satisfaction of all the claims, allegations, :::slo:fa:tions, or defenses tha~~;.e ~r that <br /> <br />~ <br />