CASE NO. 02-02474, JOINTLY ADMINISTEREDUnited States Bankruptcy Court, N.D. Illinois.
October 28, 2003
AGREED ORDER RESOLVING CURE CLAIM OF GATOR FEASTERVILLE PARTNERS, LTD. FOR DEBTORS’ STORE NUMBER 3028 LOCATED IN FEASTERVILLE, PA
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the cure claim (the “Cure Claim”) filed by Gator Feasterville Partners, Ltd. (“Landlord”) under the Lease of the property described as Store No, 3028 located in Feasterville, PA; and Kmart Corporation (“Kmart”) having filed an objection to such cure claim; and the Court being advised that Landlord and Kmart have resolved the Cure Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that Landlord shall have an allowed Cure Claim in the agreed amount of $63,348.09; and it is further
ORDERED that the Cure Claim shall be paid by Kmart within ten (10) days of the date of entry of this Order to Landlord at the following address: Gator Feasterville Partners, Ltd., 1595 NE 163rd Street, North Miami Beach, Florida 33162; and it is further
ORDERED that there are no “excess tax payments” for real estate taxes during any and all prior lease years and periods, and percentage rent is deemed paid in full and satisfied through June 30, 2003; and it is further
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ORDERED that Kmart has no claims for offsets or credits or payments or other claims through June 30, 2003 against any other rents or income through June 30, 2003, which may be or become due to Landlord; and it is further
ORDERED that Kmart remains liable for payment of common area maintenance, real estate taxes and insurance reconciliations for the period through May 6, 2003; and it is further
ORDERED that except as provided in this Agreed Order, Landlord and Kmart shall be forever barred from asserting, collecting, or seeking to collect any claim arising prior to January 22, 2002 in addition to the Cure Claim with respect to the Lease relating to Store No. 3028.