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Home My WebLink AboutR-2001-131 RESOLUTION NO. 2001-131 • A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING SETTLEMENT ON BEHALF OF THE CITY OF DANIA BEACH WITH MARTIN KONSCHNIK AND FLORENCE KONSCHNIK PERTAINING TO PENDING LITIGATION IN STATE COURT AND REPEALING THE ALLEY VACATION AND CLOSURE AUTHORIZED IN CASE NO. VC-89-99; FURTHER, PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission authorizes a settlement on behalf of the City of Dania Beach in the matter styled "Martin Konschnik and Florence Konschnik, Plaintiffs, vs. The City of Dania Beach, Defendant", Case No. 00-618 (07) in the Seventeenth Judicial Circuit in and for Broward County, Florida, as set forth in the July 26, 2001 letter addressed to Mr. Thomas Bolf, attorney, a copy of which is attached to this resolution and incorporated into it by this reference. Section 2. That the City Commission's December 14, 1999 approval of an alley vacation and closure, case number VC-89-99, is rescinded and repealed. Section 3. That the alleyway located at the rear of 323 South Federal Highway, Dania Beach, Florida shall be reopened as set forth in the attached correspondence. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 14T" day of August, 2001. PAT FLURY MAYOR- COMMISSIONER mt-4)4� ROLL CALL: COMMISSIONER BERTINO -ABSENT COMMISSIONER MCELYEA - YES CHARLENE J H SON COMMISSIONER MIKES - YES ACTING CITY CLERK VICE-MAYOR CHUNN - YES MAYOR FLURY- YES APPROVED AS TO FORM AND CORRECTNESS: BY: 4 A • TH MA J. RO CITY ATTORNEY RESOLUTION NO. 2001-131 AUG-10-2001 FRI 10:33 AM FAX NO. P. 02 LAW OFFICES JOHNSON, ANSELMO, MURDOcti, BURKE & GEORGE, P.A. . A PkorESsIONAL ASSOCIATION SCOTT D.ALI:Y.ANDER 790 E.BROWARO BLVD.,SUITE 400 E.BRUCE JOHNSON MICHAEL T.BURKE' FORT LAUDERDALE,FL 33301 RICHARD H.MCDUFF,P.A.' CHRISTINE M.DUIGNAN,P.A. MAILING ADDRESS: ROBERT E-MURDOCH CAROLYN A EGAN POST OFFICE 80X 0302.20 MICHAEL R.PIPER.P.A. BURL F.CEORGE FORT LAUDERDALE.FL 33303-0220 WILLIAM E.PLATOW ERIN E.GILL DAVID M.SCHWEIGER JEFFREY L.HOCHMAN,P.A. CHRISTOPHER L.SMITH _..._..-- (954)463-0100-Braward •IwANn Cea'T IFTD (305)945-2000-Dade Ci VII.'',(AL LAWYL'HS (561)640.7448-Palm Beach TELECOPIER(934)463-2444 July 26, 2001 Thomas R, Bolf, Esquire Ruden, McClosky, et al 200 E Broward Blvd., 15`h Fl. Ft. Lauderdale, FL 33302 Re: Konschnik, et al vs. City of Dania Beach Our File No. 20023 MTB • Dear Mr, Bol£ This will serve to confirm our July 25, 2001 telephone conversation concerning our respective clients' agreement to settle the above-referenced matter. The terms of the settlement are as follows: a) The City of Dania Beach will reopen the subject alley and remove the physical barriers which were installed in January 2000, The Dania Beach City Commission will act on this matter at its August 14, 2001 meeting and if approved as expected, removal of the physical barriers will be accomplished by City Public `Yorks crews later the same week. b) The Florida Municipal Insurance Trust will pay to Martin Konschnik and Florence Konschnik, and Ruden, McClosky, Smith, Schuster & Russell the total sum of s 100,000.00. c) Martin and Florence Konschnik will execute a Release of all claims arising from the January 2000 closure of the subject alley and counsel for the parties will execute a Stipulation for Final Order of Dismissal of the pending lawsuit with each party to bear their own cost's and attorneys' fees. AUG-10-2001 FRI 10:33 AN FAX N0, P. 03 Thomas R. Bolf, Esquire Page 2 July 26, 2001 To facilitate the settlement, I have enclosed an original and two copies of a Release which needs to be signed by Martin and Florence Konschnik before a Notary Public and returned to me. I have also enclosed an original and two copies of a Stipulation for Final Order of Dismissal and proposed Final Order of Dismissal which I would appreciate your signing and returning to me along with the properly executed Release. Finally, I have enclosed a W-9 form which I need in order to process the settlement check. Please return the executed W-9 form to me by facsimile so that I can expedite processing the settlement check, Upon my receipt of the executed W-9 form, I will obtain a settlement check in the amount of S 100,000.00 payable to the order of Martin Konscbnik and Florence Konschnik, and Ruden, McClosky, Smith, Schuster & Russell, P.A., their attorneys. Upon my receipt of the executed Release and Stipulation for Dismissal, and following the Dania Beach City Commission's taking of action to reopen the alley and remove the physical barriers, I will provide you with the settlement check. I will, of course, hold any executed settlement documents in escrow until the alley is reopened and you have received the settlement check. At that time, I will file the Stipulation with the Court for entry of the Final Order of Dismissal and disburse the settlement documents to my client. V/chael ors„ ` Burke m MTB/lt Enclosures • JouN(sUN, ANSL1,k1O, MURDOCH, BURKE & GEORGF, P.A.