SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
Date of Report: November 19, 2001
(Date of earliest event reported)
NATHAN'S FAMOUS, INC.
(Exact Name of Registrant as Specified in its Charter)
Delaware 1-3189 11-3166443
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(State of Incorporation) (Commission (I.R.S. Employer
File Number) Identification No.)
1400 Old Country Road, Westbury, New York 11590
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(Address of Principal Executive Offices) (Zip Code)
Registrant's telephone number including area code (516) 338-8500
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(Former name or former address, if changed since last report.)
Item 5. Other Events
On November 19, 2001, an Order was entered by the Circuit Court of the 11th
Judicial Circuit of Florida in and for Miami-Dade County pursuant to which the
State of Florida Department of Transportation was ordered to pay to Registrant's
subsidiary, Miami Subs Real Estate Corp., an aggregate $2,350,000, plus legal
fees in the amount of $252,500 in connection with the condemnation by the State
of Florida of a Miami Subs restaurant. The State of Florida previously paid
$1,500,000 of the aggregate amount at the time the Condemnation Order was
entered.
Item 7. Financial Statements, Pro Forma Financial Information and Exhibits
(c) Exhibits
10.01 Stipulated Final Judgment and Order dated November 19, 2001.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunder duly authorized.
NATHAN'S FAMOUS, INC.
By: /s/ Ronald DeVos
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Ronald DeVos
Vice-President Finance
and Chief Financial Officer
(Principal Financial and Accounting Officer)
Dated: November 28, 2001
EXHIBIT 10.01
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT
OF FLORIDA IN AND FOR MIAMI-DADE COUNTY.
GENERAL JURISDICTION DIVISION
CIVIL ACTION NO.: 01-4160 CA 25
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION, Parcel No. 103
Petitioner,
vs.
MIAMI SUBS REAL ESTATE CORP.
et al,
Defendants.
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STIPULATED FINAL JUDGEMENT
and Order as to F.S. Section 73.092(1) Attorneys Fees for Defendant
MIAMI SUBS REAL ESTATE CORPORATION
THIS CAUSE came before the Court upon the Joint Motion, set forth below, for
entry of this order.
The Court being advised in the premises, it is hereby
ORDERED and ADJUDGED as follows:
1. The Defendant MIAMI SUBS REAL ESTATE CORPORATION (MIAMI SUBS) shall have
and recover from Petitioner the sum of TWO MILLION THREE HUNDRED FIFTY
THOUSAND DOLLARS and NO CENTS ($2,350,000.00), for damages for the taking
of Parcel 103, exclusive of attorneys fees and costs.
2. The Petitioner, within thirty (30) days of entry of this order, shall
deposit in the Registry of this Court the sum of EIGHT HUNDRED FIFTY
THOUSAND DOLLARS and NO CENTS ($850,000.00). This amount is the difference
between the award amount set forth in Paragraph 1, above, and the
$1,500,000.00 deposit made by the Petitioner into the Court Registry
pursuant to the Order of Taking entered in this cause.
3. The Defendant MIAMI SUBS shall have and recover from Petitioner the sum
of TWO HUNDRED FIFTY-TWO THOUSAND FIVE HUNDRED DOLLARS and NO CENTS
($252,500.00) as Florida Statute Section 73.092(1) attorneys fees. This
sum, made payable to the Brigham Moore LLP Trust Account shall be forwarded
by the Petitioner, within thirty (30) days of entry of this order, to the
attention of Mark A. Tobin, Esquire, at 203 S.W. 13th Street, Miami,
Florida 33130.
4. The vesting of title in Petitioner to Parcel 103, described in the
attached Exhibit A, is hereby approved, ratified and confirmed.
5. This Court retains jurisdiction over: apportionment if any, costs,
Florida Statute Section 73.092(2) attorneys fees if any, enforcement of the
terms of this order and of the Order of Taking entered in this cause, and,
per Florida Statutes Section 73.101, over the disposition of other matters
arising from the taking.
DONE and ORDERED this Nineteenth day of November, 2001 by:
/s/ PHILIP BLOOM
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CIRCUIT COURT JUDGE
Copies provided to parties
SECTION 87281-2522 (ITEM SEGMENT: 250141 1)
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STATE ROAD 953 (FLYOVER) MIAMI-DADE COUNTY
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DESCRIPTION: FEE SIMPLE RIGHT OF WAY
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PARCEL 103 SECTION 87281-2522
A parcel of land being a portion of Lots 1 through 11, Block 7, Edgewater Park,
as recorded in Plat Book 17, Page 72 of the Public Records of Miami-Dade County,
Florida, Lying in Section 20, Township 53 South, Range 41 East, being more
particularly described as follows:
COMMENCE at the Southeast corner of the Southwest 1/4 of said Section 20 (being
a 13 millimeter iron pipe with crimped top); THENCE along the East line of the
Southwest 1/4 of said Section 20, N 0218'36" W, a distance of 21.243 meters
(69.69 feet); THENCE N 8741'24" E, a distance of 10:668 meters (35.00 feet) to
the POINT OF BEGINNING, said point being on the Easterly right of way line of
S.R. 953 (LeJune Road); THENCE along said right of way line the following two
(2) courses and distances: 1) N 0218'36" W, 57.397 meters (188.31 feet) to a
Point of Curvature, said curve having a radius of 7.620 meters (25.00 feet) and
a chord of 13.894 meters (45.58 feet) bearing N 6325'43" E;2) 17.486 meters
(57.37 feet) along the arc of a curve to the right through a central angle of
13128'37" to a Point of Tangency, said point being on the Southerly Right of Way
line of South Royal Poinciana Boulevard; THENCE along said Right of Way Line the
following two (2) courses and distances: 1) S 5049'52" E, 87.159 meters (285.95
feet) to a point of curvature, said curve having a radius of 7.620 meters (25.00
feet) and a chord of 14.266 meters (46.80 feet) bearing S 1834'31" W:2) 18.461
meters (60.57 feet) along the arc of a curve to the right through a central
angle of 13848'50" to a Point of Tangency, said point being on the Northerly
Right of Way line of S.R. 948 (N.W. 36th Street); THENCE along said Right of Way
Line the following two (2) courses and distances; 1) S 8758'53" W, a distance of
65.300 meters (214.24 feet) to a Point of Curvature, said curve having a radius
of 7.620 meters (25.00 feet) and a chord of 10.749 meters (35.27 feet) bearing N
4709'51" W; 2) 11.931 meters (39.14 feet) along the arc of a curve to the right
through a central angle of 8942'31" to the POINT OF BEGINNING.
Said land situate within the City of Miami Springs, Miami-Dade County, Florida
containing 0.3656 Hectares (0.903 Acre), more or less.
K. Glass, P.S.M. - 9/15/99
Keith & Schnars, P.A.
EXHIBIT "A"