90-LLLLRESOLUTION NO. 90-L~-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CERTAIN
RECEIPT AND RELEASE BETWEEN THE CITY OF
BOYNTON BEACH, FLORIDA AND INTERNATIONAL
SURPLUS LINES INSURANCE COMPANY, FOR THE
PURPOSE OF RECOVERING INSURANCE PROCEEDS
UNDER POLICY NUMBER 524035275-3, A COPY
OF SAID RECEIPT AND RELEASE BEING
ATTACHED HERETO AS EXHIBIT "1";
PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
NOW, THEREFORE, BE IT RESOLVED by the City Commission
Df the City of Boynton Beach, Florida, that:
Section 1.
The Mayor and City Clerk are hereby
{uthorized and directed to execute that certain Receipt and
Release, a copy of which is attached hereto as Exhibit "1".
Section 2. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this ~day of June, 1990.
FLORIDA
,or
ATTEST:
~it~ Clerk
Commissioner
(Corporate Seal)
RECEIPT AND RELEASE
KNOW ALL MEN BY THESE PRESENTS:
Thau we, the City of Boynton Beach, its officers and elected
representatives, agents and employees, past officers, elected
representatives agents and employees, hereinafter referred to as
the first party, for and in consideration of the sum of one million
($i,000,000.00) DOLLARS, or other valuable considerations received
from or on behalf of International Surplus Lines Insurance Company,
second party, the receipt whereof is hereby acknowledged.
HEREBY remise, release, acquit, satisfy, and forever discharge the
said second parties of and from all, and all manner of action and
actions, cause and causes of action, suits, debts, dues, sums of
money, accounts, reckonings, bonds, bills, specialties, covenants,
contracts, controversies, agreements, promises, variances,
trespasses, damages, judgments, executions, claims and demands
whatsoever, in law or in equity, which said first party ever had,
now has, or which any personal representative, successor, heir or
assign of said first party, hereafter can, shall or may have,
against said second party, for, upon or by reason of any matter,
cause or thing whatsoever, from the beginning of the world to the
day of these presents for all claims made or pending under policy
number 524035275-3.
And for any and all causes of action arising out of the incident
particularly described in the pending Circuit CourE of the 15th
Judicial Circuit, in and for Palm Beach County, Florida, Case No.
CL 86-3661AE, styled Tradewinds Development Corp. by its agent~
Kieran J. Kilday, Plaintiff v. The City of Boynton Beach,
Defendant, Joseph Molina and Lake BoyntOn Estates Homeowners
Association, Inc., Crossp!aintiff, vs. Tradewinds Development
Corp., by its agent, Kieran J. Kilday, and The City of Boynton
Beach, Crossdefendant, Tradewinds Development Corp., a Florida
Corporation, Plaintiffs,~ vs. City of Boynton Beach, a Florida
municipality, et al., Defendants and for all claims arising from,
through or pertaining to, evolving from, or arising as a result of
the litigation between Tradewinds Development, Inc., its officers,
representatives, principals and Shareholders and/or Woolbright
Partners and/or Home Depot, Inc., its representatives, principles
and shareholders or owners and the City of BoYnton Beach as well as
any claims or litigation including attorneys' fees arising from the
zoning concessions, settlements, agreements or variances granted as
of the settlement of the afore-referenced case.
par~t [
.'(.City Seal)
Signe~/~ieale~ander~/~ivered~t~C1 / in the pre:
State of Florida )
County of Palm Beach)
In Witness Whereof the said City of Boynton
Beach has caused these presents to be executed
in its name, and its seal to be here5unto
affixed, by its proper officers thereunto duly
authorized, the ~ day of--/~z~/~, A.D. 19~
Mayor
Prepared by:
Frank R. Gramling, Esq.
Fertig and Gramling
750 S.E. Third Avenue
Suite 200
Ft. Lauderdale, FL 33316
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgements, personally appeared ~-~,~-'/~~
and y_~_dgnz~/~-~ ~~ well known to me to be the Mayor and
City Clerk respectively of the City of Boynton Beach, Florida, and
that they severally acknowledged executing the same in the presence
of two subscribing witnesses freely and voluntarily under authority
duly vested in them by said City and tha5 the seal affixed thereto
is the seal of said City.
WITNESS my hand and official seal in the County and State last
aforesaid this ~ day of ~
.0TAffY ~BLI0, STATE'OF'~L~fliDA ~T LARGE,
~Y ~0MMISSION EXPIRES AU&.~,~I.:" .'
BONDED THROUGH ASHTON A~ENOe ~ , ~ ' ~
CHRISTOPHER R. FERTIG,
FRANK R. GRAMLING. P.A.
ALLEN l. CANNON
DONNA E. ALBERT
DARLENE M. LIDONDICi
MARY A. WEAVER
'ALSO ADMITTED IN NEW YORK
LAW OFFICES
FERTIO .t~D GIt.tl~tf.ING
A PARTNERSHIP NCLUDING PROFESSIONAL ASSOCIATIONS
SUITE 2:00
750 SOUTHEAST THIRD AVENUE
FOI~T LAUDE~DALE, FLOI~IDA 33316
BROWARD (305) 763-502:0
DADE [305) 945-62:50
TELEX #5106013083
FAX: (305) 763-5412
May 31, 1990
City Attorney James Cherof
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
RE:
Tradewinds Development vs. City of Boynton Beach
Our File ~4867
Dear Mr. Cherof:
Thank you for your facsimile transmission of May 30, 1990. We
appreciate that Sections 54 and 66 of the Boynton Beach Code spell
out the respective duties of the Mayor and the City Clerk.
We have amended our Receipt and Release and, if the same meets
with your approval, ask that you submit it to the Boynton Beach
Commission at their meeting on Tuesday. As we had discussed, we
certainly would appreciate a copy of the Resolution whereby the
City Council authorizes the Mayor to execute the enclosed Receipt
and Release.
Looking forward to exchanging the Resolution and executed
ReCeipt and Release for the $1 million dollar draft in our offices
on Wednesday, June 6th, we are,
Very truly yours,
FERTIG AND GRAMLING
FRG:mg
Enclosure
Frank R. Gramling