SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the Cure Claim (the "Cure Claim") filed by the landlord, J W LaCross, LLC ("LaCross") under the respective and acknowledged existing lease (the "Lease") for the property described as Kmart Store No. 4089, LaCross, Wisconsin and Kmart Corporation ("Kmart") having filed an objection to such Cure Claims; and the Court being advised that LaCross and Kmart have resolved the Cure Claims; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that LaCross' Cure Claim shall be allowed for Kmart Store No. 4085 in the amount of $15,000.00 and shall be paid to LaCross, c/o Martin P. Ochs, Esq., c/o Ochs Goldberg, LLP, 60 East 42nd Street, Suite 1545, New York, N.Y. 10165, representing LaCross' environmental claim for the removal of an in-ground heating oil tank; and it is further
ORDERED that LaCross' Cure Claim concerning the payment of taxes, penalties and interest is disallowed as moot to the extent that Kmart shall have full and complete responsibility for the resolution and payment of any and all taxes, penalties and interest, assessed against the property commonly known as Kmart Store No. 4089 and that Kmart shall pay directly to the relevant taxing authority all such taxes, penalties and interest, assessed against the property, reserving the right to challenge the amount, validity and priority of such tax, penalties and interest assessments; that within 90 days of entry of this Agreed Order, Kmart shall either (a) pay directly all such taxes to the relevant taxing authority, and provide evidence of such payment to LaCross; or (b) contest the amount, validity and/or priority of such taxes, penalties and interest, or otherwise seek a reduction from said taxing authority, such contest shall be at Kmart's sole cost and expense and with Kmart being ultimately responsible for any taxes, penalties and/or interest accruing as a result of any contest pursued; that except as expressly noted herein, the Lease heretofore governing the herein referred property as well as the relationship between said parties shall continue to be in full force and effect and the parties shall continue to be bound thereby; and it is further
ORDERED, that Kmart shall, barring any contest concerning the amount, validity and/or priority of same, pay all such taxes, penalties and interest directly to the relevant taxing authorities expressly on behalf of Landlord LaCross, within the specified time frame set forth above; and it is further
ORDERED that LaCross, its successors and assigns, are forever barred from asserting collecting, or seeking to collect any cure amounts which were due and owing as of June 11, 2003 in addition to the Cure Claims with respect to the Lease relating to Kmart Store No. 4089.