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RESOLUTION NO. 2014 - 22 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A WAIVER AND RELEASE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND LUKE'S LANDSCAPING, INC. DB /A LUKES - SAWGRASS LANDSCAPE, INC. IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A "; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City and Lukes's Landscaping, Inc. d /b /a Lukes - Sawgrass Landscape, Inc. ( "Lukes ") have been attempting to settle disputed landscape maintenance service invoices delivered to the City by Lukes between 2009 and 2010; and WHEREAS, the City and Lukes have agreed to completely settle the disputed invoices for a total amount of $150,000.00 (one hundred and fifty thousand dollars) which represents an approximate net savings of 50% of the outstanding amount claimed by Lukes; and WHEREAS, in order to confirm this settlement, the parties are required to execute a Waiver and Release Agreement, as more specifically described in the attached Exhibit "A ". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving the Waiver and Release Agreement. The Waiver and Release Agreement between the City of Sunny Isles Beach and Lukes's Landscaping, Inc. d /b /a Lukes - Sawgrass Landscape, Inc. is hereby approved in substantially the same form attached hereto as Exhibit "A ". Section 2. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 20th day of February, 2014. orinan S. Edelcup, Mayor Pa -e I of 2