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2001-24496 RESO RESOLUTION NO. 2001-24496 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING A MODIFICATION TO THE SETTLEMENT AGREEMENT BETWEEN RPH HOTEL ASSOCIATES, LLC, SUCCESSOR BY MERGER TO RITZ PLAZA HOTEL CORPORATION, AND THE CITY OF MIAMI BEACH AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS. WHEREAS, Ritz Plaza Hotel Corporation has heretofore asserted claims against the City of Miami Beach ("City") consisting of (a) an appeal before the Special Master of the City of Miami Beach of Design Review Board File No. 10257J and Historic Preservation Board File No. 1087 collectively styled In Re Ritz Plaza Hotel. Miami Beach. Florida, (b) a complaint for declaratory relief styled Ritz Plaza Hotel Corp. d/b/a Ritz Plaza Hotel v. City of Miami Beach. Florida a municipal corporation, 1 lth Judicial Circuit Court Case No. 98-19193 CA 27, and (c) a Bert J. Harris, Jr. Private Property Rights Protection Act claim filed with the City of Miami Beach on January 21, 1999 pertaining to the Ritz Plaza Hotel located at 1701 Collins Avenue, Miami Beach, Florida; and WHEREAS, via authorization provided in City of Miami Beach Resolution No. 2000-24073, the parties entered into a Settlement Agreement to settle the outstanding claims, and WHEREAS, the parties wish to modify the Settlement Agreement with respect to certain timeframes as set forth in the Modification of Settlement Agreement which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1: That the City Commission hereby approves the Modification of Settlement Agreement attached hereto as Exhibit "A". Section 2: That the City Commission hereby authorizes the Mayor, City Clerk and any other necessary City personnel to execute the Modification of Settlement Agreement and all other documents as may be necessary to carry out the intent of this Resolution. PASSED and ADOPTED this 271h day of June ~//2001. ATTEST: . MAYOR CITY CLERS