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HomeMy WebLinkAboutExhibit E-1 Release from Biss to CityExhibit E-1 RELEASE FROM B1SS TO CITY KNOW ALL MEN BY THESE PRF.SFNTS: That we, Micky Biss and USA Express, Inc., a Florida corporation ("Biss") (collectively, "parties of the first part"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00), or other valuable consideration received from or on behalf of the City of Miami Beach, a Florida municipal corporation ("City"), Robert Parcher, individually and in his official capacity as City Clerk, David Dermer, individually and in his official capacity as Mayor of the City, Saul Gross, individually and in his official capacity as City Commissioner, Richard Steinberg, individually and in his official capacity as City Commissioner, Jose Smith, individually and in his official capacity as a former City Commissioner, Matti Herrera-Bower, individually and in her official capacity as City Commissioner, Luis R. Garcia, Jr., individually and in his official capacity as City Commissioner, and Simon Cruz, individually and in his official capacity as City Commissioner (collectively, "parties of the second part"), the receipt and sufficiency of which are hereby acknowledged, (Wherever used herein the terms "parties of the first part" and "parties of the second part" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the present and former officers, directors, shareholders, partners, members, managers, agents, agencies, employees, successors and assigns of corporations and other entities, wherever the context so admits or requires.) HEREBY remise, release, acquit, satisfy, and forever discharge the parties of the second part of and from 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, liabilities, executions, costs, expenses, claims and demands whatsoever, in law or in equity, which the parties of the first part, or any one of them, ever had, now have, or which any personal representative, successor, heir or assign of parties of the first part, or any one of them, hereafter can, shall or may have, against parties of the second part, with respect to claims or defenses of any nature asserted or that could have been asserted under or in connection with any matter, cause, or thing arising or accruing from any obligations or ,~~ circumstances existing on or prior to the date of this Release, including without limitation, any claims that were or could have been brought in connection with the acquisition, ownership, or development by Bissof certain property located at 120, 126, and 130 Ocean Drive, Miami Beach, Florida (the "Property"), including (1) those certain actions styled (1) Micky Biss and iJSA Express, Inc. v. Ciri of Miami Beach, Florida, Case No. 01-11865 CA10 (11`" Judicial Circuit Court, Miami-Dade County, Florida); (2) Micky Biss and USA Express, Inc. v. Citv of Miami Beach and Robert Parcher, the Citv Clerk of the Citv of Miami Beach, Case No. 05-05755 CA30 (l l'" Judicial Circuit Court, Miami-Dade County, Florida); (3) Micky Biss v. David Dermer, Saul Gross. Richard Steinberg Jose Smith Matti Herrera- Bower, Luis R. Garcia. Jr., Simon Cruz, and the Ciri of Miami Beach, Case No. OS-10178 CA23 (11`"Judicial Circuit Court, Miami-Dade County, Florida); and (4) Micky Biss and [JSA Express, lnc. v. David Dermer Saul Gross Richard Steinberg„ Jose Smith, Matti Herrera-Bower and Simon Cruz, Case No. 06-5439 CA22 (11`" Judicial Circuit Court, Miami-Dade County, Florida), and (II) those claims concerning the Property presented by Micky Biss and USA Express, Inc. by correspondence dated August 14, 1996, January 19, 1999, and September 9, 1999 pursuant to the Bert J. Harris, Jr. Private Property Rights Protection Act (Chapter 70, Fla. Stat.). Each of the parties of the first part hereby expressly acknowledges, warrants and represents with respect to itself, or himself, as follows: (i) this Release was signed only after due consideration and consultation with its or his attorneys; (ii) it, or he, was not fraudulently induced, coerced or intimidated to sign this Release; (iii) it, or he has not assigned the rights it or he is releasing hereunder (other than to Ocean Drive CFI, LLC); (iv) the corporate officer signing below has full authority to execute this Release on its behalf; and (v) it, or he, has not entered into any agreement providing for the retention by any person or entity not a signatory hereto of the rights it or he (as applicable) is releasing hereunder, or the corporation included in the parties of the first part themselves (other than with Ocean Drive CFI, LLC). Parties of the first part have not relied upon any oral or written statement or acts made by the parties of the second part or parties of the second part's attorneys or agents. Notwithstanding the foregoing, this Release shall not operate to release or discharge parties of the second part from any obligations they may have pursuant to that certain Agreement dated July (o, 2006, among Ocean Drive CFI, LLC, The Congress Group, lnc., and the City of Miami Beach, concerning the Property (the "Agreement"}, including without limitation, the documents executed or to be executed in connection with the obligations contemplated by the Agreement (it being understood that the parties of the first pan are not a party to the Agreement). IN WITNESS WHEREOF, we have hereunto set our hands and seals as of the S}= day of~ 2006. /~ ~Ga:fr ~ MICKY BISS, individually By -~ ~, Name: ~~ c~,..~ F~tac l^ Name: Mickv Biss N USA EXPRESS, INC., a Florida Corporation >~y= - Name: 7~,a~ ~.2n~L. Name: Mickv Biss Title: President Na e: