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Home My WebLink AboutSubmittal-Ben Fernandez-Barricade Settlement Little River Club vs. City of MiamiHE LITTLE RIVER CLUB, INC., a Florida not -for -profit owlscxation, Plaintiff, vs. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY GENERAL JURISDICTION DIVISION CASE NO. 98-28607 (CA-20) CITY OF MIAMI, a municipal corporation and MIAMI-DADE COUNTY, FLORIDA,- 114e a political subdivision of the State of Florida, et al., tt $� Defendants. SETTLEMENT AGREEMENT LUrY IT IS STIPULATED AND AGREED by and between the Plaintiff, THE LITTLE RIVER CLUB, INC., a Florida not -for -profit corporation, and the Defendant, MIAMI- DADE COUNTY, a political subdivision of the State of Florida ("COUNTY"), as follows: 1. Plaintiff has sued Defendant over the placement of barricades in the Shorecrest area of the City of Miami, more specifically described as the area bounded on the North by Little River Parkway, on the South by N.W. 79th Street, on the West by Biscayne Blvd., and on the East by Bayshore Drive, in Miami, Miami -Dade County, Florida. (See, Schematic attached as Exhibit A and incorporated herein by reference.) 2. Plaintiff, more particularly, objects to the use of a full closure barricade on N.E. 81 st Street at Biscayne Blvd., which presently is a half -closure barricade. OFFICE OF COUNTY ATTORNEY. MIAMI-DADE COUNTY, FLORIDA TELEPH.ONE (305) 375-5151 /. Oo02 XC - s vr7 /CL I - i�r, t-r-n Cw ez2 , I / 7 6 // rr C emG� Li /e 1Yf'r t'6.�1 v eft-cf.1,1m The Little River Club vs. City of Miami and Miami-DaaL, County Case No. 98-28607 Page No. 2 3. Plaintiff and County agree that the present configuration and placement of the barricades, including the half -barricade at N.E. 81st Street east of Biscayne Blvd., shall remain the same, unless and until Little River Parkway becomes a two-way road, at which time the County in consultation with the neighborhood residents, including The Little River Club, may determine to reconfigure the placement of barricades or other traffic calming features. 4. Further, Plaintiff and County agree that the temporary half -closure at N.E. 81st Street east of Biscayne Blvd. may be made permanent and that the full closure barricade at N.E. 80th Street and N.E. loth Avenue may be moved to N.E. 81M Street and N.E. 10th Avenue provided, however, that no closure barricades will exist simultaneously at N.E. 80th Street and N.E. 81st Street at 10th Avenue. 5. The parties hereto waive trial by jury in the above -styled cause and consent to the entry of a Final Judgment ratifying and incorporating this Agreement. 6. This is the full and complete settlement between the parties and each party shall bear its own costs and attorneys' fees. DATED this l ,4y of March, 2004. GARY S. GLASSER, P.A. Biscayne Building, Suite 1400 19 West Flagler Street Miami, Florida 33130 B r, E uire A '•rney or 'laintiff F1•: d. a ar No. 0104700 OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA TELEPHONE (305) 375-5151 submitted Into the public record in connection with item fZ. 2 on ``f 2 i Priscilla A. Thompson City Clerk The Little River Club vs. City of Miami and Miami -Dade County Case No. 98-28607 Page No. 3 ROBERT A. GINSBURG Miami -Dade County Attorney Suite 2810, Stephen P. Clark Center I 1 1 N.W. First Street Miami, Florida 33128-1993 Thomas Goldstein Assistant County Attorney Attorney for Miami -Dade County Florida Bar No. 180724 OFFICE or COUNTY ATTORNEY, MIAMI-DADE COUNTY. FLORIDA TELEPHONE C3O6) 37$-613I Submitted Into the pubic itemrecor"Z in z connection on `1 12511 Priscilla A. Thompson City Clerk THE LITTLE RIVER CLUB, INC., a Ffio ' -for- rofxt corporation, Plaintiff, vs. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY GENERAL JURISDICTION DIVISION CASE NO. 98-18607 (CA-20) CITY OF MIAMI, a municipal corporation and MIAMI-DADE COUNTY, FLORIDA, a political subdivision of the State of Florida, et al., Defendants. FINAL JUDGMENT THIS CAUSE came before the Court upon the Settlement Agreement of the parties, and the Court having reviewed the file in this case and said Settlement Agreement, it is, hereby ORDERED and ADJUDGED that the Settlement Agreement executed by the Plaintiff and the Defendant in this cause is attached as Exhibit A to this Final Judgment. All the terms stated in paragraphs 1 through 6 of said Settlement Agreement are incorporated herein verbatim and ratified by this Final Judgment. DONE and ORDERED in Chambers at Miami -Dade County, Florida, this day of March, 2004. CONFORMED COPY MAR 18 2004 RONALD C. DRFSNICK CIRCUItJT COURT JUDGE Submitted Into the pt record in cone { Item ,2 f Priscilla tonn % 4 A. Thompson City Clerk GARY S. GLASSER, P.A. Biscayne Building, Suite 1400 19 Nest Flagler Street Miami, Florida 33130 Fax: (305) 35 -7587 October 3, 2002 Thom a Goldstein, Esq. Assist t County Attorney Stephen P. Clark Center, Suite 2810 111 N.W. First Street Miami, Florida 33128-1993 Yamile Miami 444 S. (305) 377 - 4187 ✓1. Trehy, Assistant City Attorney iverside Center . 2nd Avenue, Suite 945 Broward: (954) 928-0089 Via Facsimile: (305)375-5634 Via Facsimile: (305) 416-1801 Miami, Florida 3330-1910 ke: Little River Club, Inc. vs. City of Miami et allCase No. 98-28607 CA (20) Dear Cdunsel: Enclosed is a proposed Stipulation o f Settlement, attaching a proposedAgreed Permanent Injunction for your review and comment. 1 tried to keep it as simple as possible. Please advise. Very truly you GSG/b E cls. cc: The Little River Club G:\WP\STATE\Littie River v. City Goldstein, Thomas and Trehy, Yamile.Lt2 Submitted Into the public recordin connection with item Z 2 on `71/.2 Priscilla A. Thompson City Clerk MEMORY TRANSMISSION REPORT FILE NO, 936 DATE 11.15 22:37 TO . Major Threlkeld DOCUMENT PAGES 5 START TIME : 11.15 22:37 END TIME 11.15 22:38 PAGES SENT 5 STATUS OK *** SUCCESSFUL TX NOTICE TF3E LITTLE R.IVEER CLUB, I2�7C., st IA.. a t c.uiyuzativia, Plaintiff. vs. TIME :11-15-'09 22:38 FAX NO.1 :3053587587 NAME :Gary S. Glasser *** S TN TI-3E CYRCUZT COURT OF THE EI..EVENTIi JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-D . E COUNTY GENERAL JLJILISDICTION DIVISION CASE NO. 98-28607 (CA-20) CITY OF MLAMI, a municipal corporation and M1A vil-DARE CO'UN'r' . FLORLDA, a political subdivision of the State of Florida, et al., Defendants. SETTLEIvIIi.NT' A�$i�'IED1Z S'r 1T' IS STIPULATED AND AQItEED by and bctwoan the Plaintiff, T.ftE LITTLE RIVER CLUB, INC., a Florida not -for -profit corporation, and the Defendant. MLAMI- DADE COLJN'ICY, a political subdivision of the State or Florida ("COUNTY"), as follows: 1. Plaintiff -has sued Defendant over the placement of -barricades in the Shorecrast area of the City of Miami, more specifically described as the area bounded on the North by Little River Parkway, on the South by N.W. 79"' Street, on the West by Biscayne Blvd_- and on the East by Bayshore Drive. in Miami, Miami -Dale County, Florida. (See, Schematic attached as Exhibit A and incorporated heroin by reference.) 2_ Plaintiff. more particularly. objects to the use ofa Rill closure barricade on N_E_ 81'r Street at Biscayne Blvd., which presently is a half -closure barricade. d1.,0C 0r COVNTY AT01.Vse M ,AM , -oast c O.NIY, „Lontoa TCLCrNONi l i00, a>e-d, 0, Submitted Into the pubiio r or in connection `iG..r KZ 2 on ILLIJ F' i scilla A. Thompson City Clerk