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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 />($7,700,000.00) into the Court Registry, the making of said deposit ("Deposit") and the Certificate <br /> <br />of the Clerk of the Circuit Court that said sum has been deposited, fee simple title and interest to <br /> <br />Parcel A, as described in the Amended Petition in Eminent Domain shall be vested in the Petitioner; <br /> <br />and, it is <br /> <br />ORDERED AND ADJUDGED: <br /> <br />8. (i) Extended Poss~ssion. Based upon the stipulation and agreement of LKD, Inc. for <br /> <br />entry of the Order of Taking as to Parcel A in the instant case, Petitioner hereby agrees that <br /> <br />Defendant, LKD, Inc., for a period which shall not, exceed twenty-four (24) months from the date <br /> <br />of Petitioner's deposit of its good faith estimate of value, (hereinafter referred to as the "Extended <br /> <br />Possession Period"), shall be permitted to remain in possession of its current leased premises <br /> <br />located at 227-229 Sunny Isles Boulevard, Sunny Isle Beach, FL 33160 ("Leased Premises"), which <br /> <br />possession shall include the right of access, use and enjoyment of all such parking spaces on Parcel <br /> <br />A. The Parties further agree that, subject to the provisions set forth in this Partial Stipulated Order <br /> <br />of Taking, LKD, Inc.'s possession of the Leased Premises shall be in accordance with the same <br /> <br />terms and conditions under that most recent Lease Agreement, by and between owner(s) of Parcel A <br /> <br />and LKD, Inc,. Defendant, LKD, Inc. understands and agrees that the permitted use of the Lease <br /> <br />Premises during the Extended Possession Period shall only be for the purpose of a retail florist and <br /> <br />flower sales (the "Permitted Current Use") <br /> <br />(ii) Rent and Other Payments. During said Extended Possession Period, LKD, <br /> <br />Inc. shall not be obligated to pay rent or applicable sales taxes that may be assessed by the <br /> <br />Petitioner. Notwithstanding, the foregoing, Defendant, LKD, Inc.. understands and agrees during <br /> <br />the Extended Possession Period, it shall be required to pay its pro-rata share of applicable real estate <br /> <br />taxes and public liability insurance ($500,000/$1,000,000.00), and utilities, including gas, electricity, <br /> <br />6 of 13 <br /> <br />FLDOCS 5503460 2 <br />1/23/1 0 12:36 PM <br />
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