HomeMy WebLinkAboutExhibit 1IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
MOHEB, INC., a Florida corporation,
d/b/a MR. MOE'S,
CASE NO: 10-22609 CA 24
Plaintiff,
v.
CITY OF MIAMI, FLORIDA, a municipal
corporation,
Defendants.
ORDER ADOPTING STIPULATION OF SETTLEMENT AND DISMISSING ACTION
This cause coming on to be heard on the Parties' Stipulation of Settlement and the Court
being fully advised in the matter, it is therefore;
ORDERED AND ADJUDGED:
1. The Stipulation of Settlement filed by the Parties is hereby ratified and adopted as
the Order of this Court.
2. The above styled cause is hereby dismissed.
3. The Court retains jurisdiction of this matter to enforce the terns of the Stipulation
of Settlement.
Done and ordered this day of December, 2011, at Miami, Miami- Dade County,
Florida.
Circuit Court Judge
Copies Furnished to all counsel of record
C\Documents and Settings \Michael\Desktop\Order Adopting Stip.wpd
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
MOHEB, INC., a Florida corporation,
d/b/a MR. MOE'S,
CASE NO: 10-22609 CA 24
Plaintiff,
v.
CITY OF MIAMI, FLORIDA, a municipal
corporation,
Defendants.
STIPULATION. OF SETTLEMENT
The Parties, by and through their respective undersigned counsel, enter into the following
Stipulation in full settlement of the above styled cause:
1. Defendant, CITY OF MIAMI, shall pay the sum of $10,000.00, to Plaintiff, MOHEB,
INC., in full settlement of all monetary damages.
2. Plaintiff, MOHEB, INC.'s hours for all operations, including but not limited to the sale of
alcoholic beverages, shall be limited to those permitted by Sec. 4-3 of the Code of the
City of Miami, prior to the effective date for Ordinance 12973, for supper clubs, to wit:
weekdays, including Saturday, from 7:00 a.m. to 5:00 a.m. on the following day and
Sunday, from 12:00 noon to 5:00 a.m. on the following day. The venue shall close to the
public at 5:00am.
3. On any Friday, Saturday, or Sunday morning that MOHEB, INC., is open for business
between 1:00 a.m. and 5:00 a.m., it shall employ, at its own expense, at least one (1) off -
duty City of Miami police officer to provide security during those hours.
4. MOHEB, INC. agrees to participate in an enhanced Responsible Vendor's training
program for its employees which will include all aspects of the responsible vending of
alcoholic beverages, . specifically including training in the areas of crowd and noise
control, prevention of service of alcoholic beverages to obviously intoxicated persons and
minors, and general civilian safety.
5. The Special Exception granted to MOHEB. INC. by Resolution No. 2002-0593 continues
to be non -transferable and non -assignable to any other operator. The Special Exception
shall become null and void upon any purported transfer or assigmnent. Any change in the
majority ownership of the stock of MOHEB, INC. or change of control of MOHEB, INC.
shall be considered a transfer to a different operator.
6. Except as may be modified by this Stipulation of Settlement, all conditions and terms of
the aforesaid Special Exception, as amended, remain in full force and effect.
7. Nothing contained in this Stipulation of Settlement shall be considered an admission or
denial by either party of the facts or legal conclusions asserted by them in the above
styled cause.
8. The Court shall retain jurisdiction to enforce the provisions of this Stipulation of
Settlement.
SIGNATURES ON FOLLING PAGE
MOHEB, INC. CITY OF MIAMI
By:
Louis J. Tenninello, Esq.
Attorney for Plaintiff
Tenninello & Tenninello, P.A.
2700 SW 37 Avenue
Miami, FL 33133
By:
John E1-Masry, President
Moheb, Inc.
By:
Julie O. Bru, City Attorney
Attorney for Defendant
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
By:
Barnaby Min, Zoning Administrator
City of Miami
KAData_K-Q''MR. MOE'S V. CITY OF MIAMI (3 00AM)V 0-22609 Stipulation of Sctticmrnt.nf
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