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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