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File #: R-2018-093    Version: 1 Name: Reso Settle Icon
Type: Resolution Status: Passed
File created: 3/13/2018 In control: Joint/Special Commission and CRA Meeting
On agenda: 3/21/2018 Final action: 3/21/2018
Title: A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute The Attached Settlement Agreement Implementing A Settlement With The City Of Hollywood Community Redevelopment Agency ("CRA"), Icon Office Building, LLC ("Developer"), And Berman Development Group, L.L.C. ("BDG").
Attachments: 1. rsettleicon.pdf, 2. Settlement Agreement, 3. BIS 18-128.pdf
Title
A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute The Attached Settlement Agreement Implementing A Settlement With The City Of Hollywood Community Redevelopment Agency ("CRA"), Icon Office Building, LLC ("Developer"), And Berman Development Group, L.L.C. ("BDG").


Body

Staff Recommends: Approval of the Resolution.

Explanation:
The City, the CRA and BDG entered into a Developer Agreement and Parking Lease Agreement dated October 21, 2003. The City, the CRA and BDG entered into a First Amendment to Developer Agreement and Parking Lease Agreement dated June 21, 2004. The City, the CRA, BDG, and Berman Land Investments, L.L.C., ("BLI"), entered into a Second Amendment to Developer Agreement and Parking Lease Agreement dated July 25, 2005. The City, the CRA, BDG, and BLI entered into a Third Amendment to Developer Agreement and Parking Lease Agreement dated March 21, 2006. The City, the CRA, BDG, Radius Office Building, L.L.C., ("ROB"), f/k/a BLI, Hollywood Office Building, L.L.C., and Radius Retail Condominium, L.L.C., ("RRC") entered into a Fourth Amendment to Developer Agreement and Parking Lease Agreement dated October 15, 2009 (the "Fourth Amendment").
On or about November 23, 2015, Developer, BDG, RRC, and SunTrust Parking Lot, LLC, f/k/a Hollywood Office Building, LLC, filed a lawsuit in the Circuit Court of the 17th Judicial Circuit in Broward County, Florida (the "Court"), Case No. CACE-15-020788, against the City and the CRA, in response to which the City and the CRA filed a counterclaim which was severed by the Court and by agreement of the parties on December 10, 2017 (hereinafter referred to as individually or if severed then collectively as the "Lawsuit"). On or about July 1, 2016, the City and the CRA filed an Answer and Affirmative Defenses, Counterclaims, and Third-Party Complaint. Subject to the terms of the attached Settlement Agreement, the par...

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