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<br />- <br /> <br />matter and of Petitioner and Defendants, GOLD CLUB, INC. ("Gold Club") and LKD, <br /> <br />INC.("Amazing Flowers"), the parties to this Partial Stipulated Order of Taking (hereinafter <br /> <br />collected referred to as the 'Tarties"); and <br /> <br />2. That the pleadings in this cause are sufficient; and <br /> <br />3. That Petitioner is properly exercising its delegated authority; and <br /> <br />4. That Parcel A is being acquired for a public purpose, namely for the construction, <br /> <br />development and use as a public park, public parking and recreational facilities and public open <br /> <br />space; and <br /> <br />5. That the taking of Parcel A is reasonably necessary to serve the public purpose for <br /> <br />which said property is being acquired; and <br /> <br />6. That the DecEu:ation of Taking ftled in this cause by the Petitioner for the entry of <br /> <br />the Partial Stipulated Order of Taking was made in good faith and was based upon a valid appraisal, <br /> <br />pursuant to Chapter 74, Florida Statutes (2009) only; and it is further; <br /> <br />ORDERED AND ADJUDGED: <br /> <br />7. The Court finds that Petitioner and Defendant, Gold Club and LKD, Inc., have <br /> <br />stipulated and agreed to entry of the Order of Taking as to Parcel A in the instant case upon the <br /> <br />following terms and conditions: <br /> <br />A. Petitioner and Gold Club agree that, by entering into this Partial Stipulated <br /> <br />Order of Taking, Gold Club neither waives or forfeits any lawful right or claim it may have to seek <br /> <br />apportionment of the condemnation proceeds in the instant case. <br /> <br />B. Petitioner, not later than thirty (30) days following the Court's entry of this <br /> <br />Partial Stipulated Order of Taking , shall forward the sum of Two Hundred Thousand and No/l00 <br /> <br />Dollars ($200,000.00) ("Cash Payment"), to Defendant, Gold Club, payable to said Defendant's <br /> <br />2 of 13 <br /> <br />FLDOCS 5503460 2 <br />1/23/10 12:36 PM <br />