Motion Number 2: Demolition By Owner - 555 Commerce Avenue Without waiving any provisions of the consent order or any other Orders issued by any court in any case regarding Yasmine’s Entertainment Hall or Mr. Waleed Lee Jaraysi or any other laws or processes, motion to allow the owner of 555 Commerce Avenue to have 100 days from the date of this motion to demolish the structure located on the property. Said demolition to be based upon a special demolition permit from the City of Marietta and the completed demolition site to be in compliance with all City of Marietta Codes. The City of Marietta hereby reserves all rights granted to it under Georgia law, the consent order, the order of Cobb Superior Court on Defendant’s Counterclaim dated June 26, 2010 and the order from Cobb Superior Court denying Plaintiff’s Request for Injunction dated July 26, 2010, any pending case involving Yasmine’s Entertainment Hall or Mr .Waleed Lee Jaraysi, the Georgia Constitution and the City Code of the City of Marietta. Further, the City of Marietta reserves the right to seek recovery of attorneys fees, damages, costs and all other matters allowed and authorized by Georgia law. This motion shall not constitute a waiver or modification of any rights or benefits in favor of the City of Marietta under Georgia law, the consent order, the order of Cobb Superior Court on Defendant’s Counterclaim dated June 26, 2010 and the order from Cobb Superior Court denying Plaintiff’s Request for Injunction dated July 26, 2010, any pending case involving Yasmine’s Entertainment Hall or Mr. Waleed Lee Jaraysi, the Georgia Constitution and the City Code of the City of Marietta. Under this motion, and subject to the conditions, if demolition fails to start, stops or is interrupted or incomplete, the City of Marietta may resume demolition immediately in accordance with the consent order and other orders of the Superior Court of Cobb County. The sole purpose of this motion is a good faith effort to allow the owner of 555 Commerce Avenue to demolish the building without further delay. The following additional stipulations are hereby placed in this motion: 1. The foundation, slab and footing associated with the previous restaurant shall be allowed to remain, along with the paved parking. 2. As part of the demolition process, and prior to the final approval, if any, by the city, the owner shall remove all demolition waste, debris and construction materials from the site and the site shall be in a “swept clean condition.” 3. Any demolition permit issued by the city shall be signed through acknowledgment of these conditions by the owner prior to the issuance of any demolition permit. 4. At the earlier of the passing of 100 days or the request for a final inspection by the owner, city staff shall inspect the premises to determine whether or not the property is in full compliance with this motion. In the event the owner has not fully complied with this motion, the city shall proceed as set forth herein. In the event the owner and/or contractor does not timely, fully and completely comply with this motion, the City of Marietta shall immediately carry out the full terms of this motion and prior court orders and consent orders without further approval required by the City Council.

Committee

CITY COUNCIL SPECIAL MEETING

Introduced

November 11, 2011

Passed

November 14, 2011