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HomeMy WebLinkAboutReso 2006-1014 RESOLUTION NO, 2006-W'" A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA; AUTHORIZING THE ACCEPTANCE BY THE CITY ATTORNEY OF THE SETTLEMENT OFFER BY ARLEN HOUSE MARINA CORPORATION IN THE PENDING LAWSUIT BETWEEN ARLEN HOUSE MARINA CORPORATION VS, CITY OF SUNNY ISLES BEACH; PROVIDING FOR COMPLIANCE WITH THE TERMS AND CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is a party to the Arlen House Marina Corporation vs. City of Sunny Isles Beach case which is still pending before the circuit court; and WHEREAS, the Arlen House Marina Corporation has presented an offer of settlement to the City Attorney and has agreed to dismiss the aforementioned lawsuit with prejudice upon execution of a formal settlement agreement with the City; and WHEREAS, the City Commission wishes to authorize the City Attorney to accept the Settlement Offer presented to the City by the Arlen House Marina Corporation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth hereinabove are hereby incorporated herein by reference. Section 2. ADPfoval of Settlement Offer. The City Commission hereby grants authorization to the City Attorney to accept the Settlement Offer with Arlen House Marina Corporation. Section 3. Authorization of City Attorney. The City Attorney is hereby authorized to accept and execute said Settlement Agreement. Section 4. Effective Date. This Resolution shall become effective upon execution by all of the parties thereto. PASSED AND ADOPTED this 16th day of November, 2006. ~ 11'[-' . \ '.',." - .... r....., N man S. Edelcup, , ') , ~"j A.T TEs.::r:,..".',.'.. ,~"',:\'" ~,....'!'~l" \' ,_ { c,,:<..:.-.'.,. . ." ,.,' "', ';""" ,""~..,._.-... Jami~A~,Hi'nes, CMC, City C1erk (,.,', . ~ " ''', '1:; -,,' .c... '. . . '_...., \0\ ~ . ,', { , .. . " .. , '~--' ,. /)' -1- " """ ,', U ;ILEG I stuA TfOI'lIi)falr ResolutionsI20061R2006-. Arlen House Marina Settlement Offer.doc Vote: 4- \ Mayor Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler U:\LEGISTLA TION\Draft Resolutions\2006\R2006-: Moved by: C{),,^W\I<:<:lO~ IHI'\-LF v.:>_ Seconded by: _(Yes) V (Yes) V (Yes) v(Yes) V(Yes) ---.1L. (No) _(No) _(No) _(No) _(No) -2- Arlen House Marina Settlement Offer. doc TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM Hans Ottinot, City Attorney quJ~ Priscilla Walker, CMC, Deputy City Clerk November 28, 2006 Authorization to Accept Settlement Offer - Arlen House Marina At its regular meeting of November 16, 2006, the City Commission adopted Resolution No. 2006-1014, which authorized the City Attorney to accept the settlement offer by Arlen House Marina. Attached is a copy of the approving resolution to assist you in processing this item. Thank you. :pw Attachments cc: A. John Szerlag, City Manager (w/o attachments) Arlen House Settlement Accept Authority Memo