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Reso 2010-1523
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Reso 2010-1523
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Last modified
7/1/2010 9:43:14 AM
Creation date
2/3/2010 1:59:06 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1523
Date (mm/dd/yyyy)
01/28/2010
Description
Ratify Partial Stipulated Order of Taking for Property at 215-255 Sunny Isles Blvd
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<br />could have been made by each of them against the other in the Lawsuit, from the beginning of <br /> <br />time to the date hereof, excepting as provided for in Paragraphs 5 and 10 of this Settlement <br /> <br />Agreement, the Defendant City of Sunny Isles Beach, shall pay the total sum of Three Hundred <br /> <br />Thousand and No/100 Dollars ($300,000.00), to Plaintiff, Gold Club, payable to Plaintiff's <br /> <br />counsel of record, John C. Lukacs, P .A. Trust Account, not later than thirty (30) days from the <br /> <br />date of the execution of this Settlement Agreement, such payment to be held by Plaintiff's counsel <br /> <br />of record and shall not be disbursed until such time as the City shall receive the Order dismissing <br /> <br />the Lawsuit, as referred to and described in Paragraph 9 of this Settlement Agreement; <br /> <br />4. The City agrees that it shall grant and convey to Gold Club 20,000 umts <br /> <br />Transferable Development Rights with a lifespan of 15 years effective as of the date of execution <br /> <br />of this Settlement Agreement ("TDRs); <br /> <br />5. The Gold Club and City agree that, by entering into this Settlement Agreement, <br /> <br />Gold Club neither waives or forfeits any lawful right or claim it may have to seek apportionment <br /> <br />of the condemnation proceeds in that certain eminent domain proceeding styled, City of Sunny <br /> <br />Isles Beach v. Leroy Wiener, et al., Case No.: 09-55633 CA 21. <br /> <br />6. The City further agrees that it will grant and award Habour Construction, <br /> <br />Inc. ("Harbour Construction") a contract providing for demolition services and appurtenant work <br /> <br />("Demolition Contract") to be performed by Harbour Construction in connection with the <br /> <br />needed demolition of those certain properties, acquired by the City, and whose street address~ Q;1\,te ~ <br /> <br />. .. o..~ IS 1 s,,~ ~$k.:s ~" <br />lIsted as.215-255 Sunny Isles Boulevard, Sunny Isles Beach, Florida 33160, Gold Club <br />Q"t\&l 2. " S~""''"Y ~'..,) ~"~\c.,,,~. ~ i't~" 'l:o..'\rS ~._~ ,'"'- Z:J) 40. <br />understands and agrees, that the City's award of the Demolition Contract to Harbour <br /> <br />Construction shall be conditioned upon the City's receipt of a market based bid from Harbour <br /> <br />Page 2 of9 <br /> <br />~ [#2J. <br />
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