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DRA
FAMILY BOARDING HOME, INC.,
Plaintiff,
vs.
ANGEL GONZALEZ, TOMAS REGALADO,
JOHNNY WINTON, AND JOE SANCHEZ,
in their individual capacities and THE CITY OF
MIAMI, a Florida Municipal Corporation,
Defendants.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO. 05-21259-CIV-GRAHAM
STIPULATED SETTLEMENT
AGREEMENT AND AGREED ORDER
SETTLING AND DISMISSING
CASE WITH PREJUDICE
STIPULATED SETTLEMENT AGREEMENT
COME NOW the Plaintiff, FAMILY BOARDING HOME, INC. (hereinafter "FAMILY
BOARDING HOME"), and the Defendants, ANGEL GONZALEZ, TOMAS REGALADO,
JOHNNY WINTON, JOE SANCHEZ (hereinafter collectively the "CITY OFFICIALS"), and
the CITY OF MIAMI (hereinafter the "CITY"), by and through their respective undersigned
attorneys, and stipulate, subject to the approval of the Court, as follows:
1 The parties hereto have completely resolved this matter, without the admission of
liability, on the following terms:
a. The instant federal action is predicated upon the City denying Plaintiff a
special exception for change of ownership, which was required under Section 934,3 of the
Zoning Ordinance of the City of Miami. Section 934,3 was repealed by the City Commission on
September , 2005, thus mooting all of the Counts of the Complaint in this case.
Consequently, this case shall be dismissed with prejudice.
PROPOSAL #2
STIPULATED SETTLEMENT AGREEMENT AND AGREED ORDER SETTLING
AND DISMISSING CASE WITH PREJUDICE
CASE NO. 05-21259-CIV-GRAHAM
b. Furthermore, Case No. 05-153-AP, filed in the 1 lth Judicial Circuit in and
for Miami -Dade County, Florida, is an action for a Writ of Certiorari from the action of the City
Commission denying Plaintiff a special exception for change of ownership under Section 934.3
of the Zoning Ordinance of the City of Miami, which will be dismissed with prejudice by the
Plaintiff forthwith;
c. The CITY agrees to pay Plaintiff's attorneys' fees and costs, for the
prosecution of this case and for seeking a special exception for change of ownership to the City
Commission, in the total amount of $25,000.00, which shall be paid within 10 days of the date of
this Stipulated Settlement Agreement is approved by the Court.
d. The CITY shall forthwith remove any pending code violations that appear
in the City of Miami computer records to date relating to a violation of Section 934.3 of the
Zoning Ordinance, including the vacation of any lien that may have been filed relative to any
code violation based said Section.
e. The Plaintiff shall provide a general release of all claims against the CITY,
its Commissioners, officers, employees and agents, from the beginning of time through the date
of this Order.
f. Notwithstanding the foregoing, and without prejudice thereto, the parties
may choose to appeal the Order of the Special Master, entered June --, 2005, in City of Miami,
Code Enforcement Case Nos.: 0321614; 0321615; 0321613; 0321313; and 0321612, and this
Stipulated Settlement shall not in any way affect the rights of the parties to prosecute same.
2. The Court shall retain jurisdiction to enforce the terms of this Settlement
Agreement.
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PROPOSAL 112
DATED:
STIPULATED SETTLEMENT AGREEMENT AND AGREED ORDER SETTLING
AND DISMISSING CASE WITH PREJUDICE
CASE NO. 05-21259-CIV-GRAHAM
NEIL CHONIN, ESQ.
CHONIN & SHER, P.A.
Attorney for Plaintiff
95 Merrick Way
Suite 100
Coral Gables, FL 33134
Tel: (305) 443-5125
Fax: (305) 444-9524
DATED:
JORGE L. FERNANDEZ, City Attorney
WARREN BITTNER, Asst. City Atty.
Attorney for Defendants
Miami Riverside Center, Suite 945
444 S.W. 2" Avenue
Miami, FL 33130-1910
Tel: (305) 416-1800
Fax: (305) 416-1801
By: By:
NEIL CHONIN, ESQ.
Florida Bar No. 013428
WARREN BITTNER
Assistant City Attorney
Fla. Bar No. 370959
AGREED ORDER OF DISMISSAL WITH PREJUDICE
THE COURT, having considered the foregoing STIPULA1ED SEFILEMENT
AGREEMENT, and being otherwise fully advised in the premises, it is
ORDERED AND ADJUDGED that the above STIPULATED SE11LEMENT
AGREEMENT is approved and shall be adopted as the Order of this Court. This case is hereby
dismissed with prejudice. The Court shall retain jurisdiction to enforce the terms of the
STIPULA 1ED SETTLEMENT AGREEMENT.
DONE AND ORDERED at Miami, Miami -Dade County, Florida, this day of
, 2005.
Copies provided to:
Neil Chonin, Esq.
Warren Bittner, Asst. City Atty.
DONALD L. GRAHAM
U.S. DISTRICT COURT JUDGE
DRAF
PROPOSAL #2
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