HomeMy WebLinkAboutR-1990-081 RESOLUTION NO. 81-90
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE GENERAL RELEASE BETWEEN THE CITY
OF DANIA AND CITY OF HOLLYWOOD RELATING TO
CASE NO. 86-16610-CS, IN THE CIRCUIT COURT IN
AND FOR BROWARD COUNTY, FLORIDA, AND CAPTIONED
"CITY OF HOLLYWOOD, A MUNICIPAL CORPORATION OF
THE STATE OF FLORIDA, PLAINTIFF, VS. THE
CITIES OF MIRAMAR, DANIA, PEMBROKE PARK AND
HALLANDALE, ALL MUNICIPAL CORPORATIONS
EXISTING UNDER THE LAWS OF THE STATE OF
FLORIDA, AND BROWARD COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA,
DEFENDANTS" ; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That that certain General Release between the
City of Dania and City of Hollywood relating to Case No.
86-16610-CS , in the Circuit Court in and for Broward County,
Florida, captioned "City of Hollywood, a municipal corporation of
the State of Florida, Plaintiff, vs. The Cities of Miramar, Dania,
Pembroke Park and Hallandale , all municipal corporations existing
under the laws of the State of Florida , and Broward County, a
political subdivision of the State of Florida, Defendants" , a copy
of which is attached hereto as Exhibit "A" , be and the same is
hereby approved , and the appropriate city officials are hereby
directed to execute same.
Resolution No. 81-90
Section 2. That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this 28fh day of August , 1990 .
9Y-O - C MMI' N
ATTEST:
CI Y CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS :
e
FRANK C. ADLER, City Attorney
-2- Resolution No. 81-90
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GENERAL RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That CITY OF DANIA ('Dania") and CITY OF HOLLYWOOD
("Hollywood"), for and in consideration of the mutual releases contained herein and for
other valuable considerations, receipt of which is hereby acknowledged, hereby mutually
release, acquit, satisfy, and forever discharge each other, of and from all cause and
causes of action, suits, debts, dues, sums of money, accounts, reckonings, bills, specialties,
covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,
judgments, executions, claims and demands whatsoever in law or in equity, which either
party ever had, now has, hereafter can, shall or may have, or which any successor, or
assign of either party ever had, now has, hereafter can, shall or may have, against the
other party, for: (1) Any and all claims or counterclaims which were or could have
been brought in Case No. 86-16610-CS, in the Circuit Court in and for Broward County,
Florida, and captioned as follows: City of Hollywood, a municipal corporation of the State
of Florida, Plaintiff vs. The Cities of Miramar, Dania, Pembroke Park and Hallandale, all
municipal corporations existing under the laws of the State of Florida, and Broward County,
a political subdivision of the State of Florida, Defendants; and (2) Any and all claims or
controversies whatsoever relating to the Large User Agreement entered into by
Hollywood and Dania on June 7, 1972, and which was amended from time to time.
This mutual release is specifically conditioned upon the respective parties'
timely execution of and entry into a new Large User Agreement to replace the one
executed on June 7, 1972.
IN WITNESS WHEREOF, each City has caused its corporate seal to be
hereunto affixed and signed by its duly authorized officer and attested by its Clerk, all
as of the day of A.D. 19
C"IT OF CANIA
Attest:
By:
City Clerk Mayor
Approval as to Form and Legality:
By:
City Attorney for Dania City Manager
EXHIBIT "A"
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j Attest: CITY OF HOLLYWOOD
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By:
Martha Lambos, City Clerk Sal Oliveri, Mayor
Approval as to Form and Legality:
Alan B. Koslow, City Attorney for Hollywood
Approved:
By:
Paul Wimberly, Director of Finance
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IN THE CIRCUIT COURT OF THE
j 17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
CASE NO. 86-16610 (14)
CITY OF HOLLYWOOD, FLORIDA,
a municipal corporation of
the State of Florida,
Plaintiff,
V.
CITIES OF MIRAMAR, DANIA,
PEMBROKE PARK and HALLANDALE,
all municipal corporations
existing under the laws of the
State of Florida, and BROWARD
COUNTY, a political subdivision
of the State of Florida
Defendants.
CITIES OF MIRAMAR, DANIA,
PEMBROKE PARK and HALLANDALE,
all municipal corporations
existing under the laws of the
State of Florida,
Counter-Plaintiffs,
V.
CITY OF HOLLYWOOD, FLORIDA,
a municipal corporation of
the State of Florida,
Counter-Defendants.
STIPULATION OF DISMISSAL
Plaintiff/Counter-Defendant, CITY OF HOLLYWOOD, FLORIDA
("Hollywood"), and Defendants/Counter-Plaintiffs, the CITIES OF MIRAMAR and
DANIA, the TOWN OF PEMBROKE PARK, and the CITY OF HALLANDALE, and
CASE ,.J. 86-16610 (14)
STIPULATION OF DISMISSAL
Defendant BROWARD COUNTY, by their respective undersigned attorneys and pursuant
to Florida Rule of Civil Procedure 1.420, state as follows:
1. The Commission for each party has authorized the execution of new large
user agreements to replace the existing ones and has authorized the execution of general
releases of all claims that may have been asserted in this action.
2. The undersigned stipulate to the dismissal with prejudice of all claims
presently pending in this action with each party to bear its own costs and attorney's fees.
3. This stipulation is to be signed in counterpart by counsel for all parties.
4. Attached is a proposed order approving this stipulation of dismissal.
Respectfully submitted,
FLOYD PEARSON RICHMAN GREER
WEIL ZACK & BRUMBAUGH, P.A.
Special Attorneys
City of Hollywood
CourtHouse Center, 26th Floor
175 N. W. First Avenue
Miami, Florida 33128-1817
Telephone: (305) 373-4000
By:
Bruce A. Christensen
Florida Bar No. 198188
Dated: _ 1990
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CASE NO. 86-16610 (14)
STIPULATION OF DISMISSAL
Alan B. Koslow, Esq.
City Attorney
City of Hollywood
2600 Hollywood Blvd.
Hollywood, FL 33022
Telephone: 921-3435
By:
Alan B. Koslow
Florida Bar No. 342254
Dated: 1990
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CASE NO. 86-16610 (14)
STIPULATION OF DISMISSAL
Arthur Koski, Esq.
Special Attorney
Cities of Hallandale, Miramar, Dania, and
Pembroke Pines
Sanctuary Centre, Suite 205B
4800 Noth Federal Highway
Boca Raton, Florida 33431
Telephone: (407) 395-6707
By:
Arthur Koski
Florida Bar No. 131868
Dated: 1990
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CASE NO. 86-16610 (14)
STIPULATION OF DISMISSAL
Richard Kane, Esq.
City Attorney
City of Hallandale
308 South Dixie Highway
Hallandale, Florida 33009
Telephone: 457-7676
By:
Richard Kane
Florida Bar No. 41173
Dated: 1990
5
CASE NO. 86-16610 (14)
STIPULATION OF DISMISSAL
Rafael Suarez-Rivas, Esq.
City Attorney
City of Miramar
6700 Miramar Parkway
Miramar, Florida 33023
Telephone: 989-6200
By:
Rafael Suarez-Rivas
Florida Bar No.
Dated: 1990
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CASE NO. 86-16610 (14)
STIPULATION OF DISMISSAL
Frank C. Adler, Esq.
City Attorney
City of Dania
301 Bayview Building
1040 Bayview Drive
Ft. Lauderdale, Florida 33304
Telephone: 566-3237
By: 0. c
Frank C. Adler
Florida Bar No. ,f70
Dated: 7 p 1990
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CASE NO. 86-16610 (14)
STIPULATION OF DISMISSAL
A.J. Ryan, Jr., Esq.
Town Attorney
Town of Pembroke Park
Hollywood Federal Building
700 East Dania Beach Blvd.
Dania, Florida 33004
Telephone: 920-2921
By:
A.J. Ryan, Jr.
Florida Bar No.
Dated: 1990
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CASE NO. 86-16610 (14)
STIPULATION OF DISMISSAL
Michael Kerr, Esq.
Assistant County Attorney
Broward County
115 South Andrews Avenue i
Ft. Lauderdale, Florida 33301
Telephone: 357-7600
By:
Michael Kerr
Florida Bar No.
Dated: 1990
9
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GENERAL RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That CITY OF DANIA ("Dania") and CITY OF HOLLYWOOD
("Hollywood"), for and in consideration of the mutual releases contained herein and for
other valuable considerations, receipt of which is hereby acknowledged, hereby mutually
release, acquit, satisfy, and forever discharge each other, of and from all cause and
causes of action, suits, debts, dues, sums of money, accounts, reckonings, bills, specialties,
covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,
judgments, executions, claims and demands whatsoever in law or in equity, which either
party ever had, now has, hereafter can, shall or may have, or which any successor, or
assign of either party ever had, now has, hereafter can, shall or may have, against the
other party, for: (1) Any and all claims or counterclaims which were or could have
been brought in Case No. 86-16610-CS, in the Circuit Court in and for Broward County,
Florida, and captioned as follows: City of Hollywood, a municipal corporation of the State
of Florida, Plaintiff vs. The Cities of Miramar, Dania, Pembroke Park and Hallandale, all
municipal corporations existing under the laws of the State of Florida, and Broward County,
a political subdivision of the State of Florida, Defendants; and (2) Any and all claims or
controversies whatsoever relating to the Large User Agreement entered into by
Hollywood and Dania on June 7, 1972, and which was amended from time to time.
This mutual release is specifically conditioned upon the respective parties'
timely execution of and entry into a new Large User Agreement to replace the one
executed on June 7, 1972.
IN WITNESS WHEREOF, each City has caused its corporate seal to be
hereunto affixed and signed by its duly authorized officer and attested by its Clerk, all
as of the day of , A.D. 19_
CITY OF D ANIA
Attest:
By:
City Clerk Mayor
Approval as to Form and Legality:
lly:
za4?�61
City Attorney for Dania City Manager
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CITY OF HOLLYWOOD
I Attest:
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By:
Martha Lambos, City Clerk Sal Oliveri, Mayor
Approval as to Form and Legality:
Alan B. Koslow, City Attorney for Hollywood
Approved:
By:
Paul Wimberly, Director of Finance
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