HomeMy WebLinkAboutAgreement 2-SUBRECEIVED
THIS DOCUMENT IS A SUBSTITUTION TO
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2013 AU -14 PM 2: 34
OFFICE OF THE CITY CLEIZ NII
CITY OF MIAMI CITY OF MIA
SETTLEMENT AGREEMENT AND GENERAL RELEASE
WITH
THE LITTLE RIVER CLUB
("AGREEMENT")
THIS AGREEMENT is made and entered into as of this / 2day opitipabX
2013, by and between the City of Miami, a Florida municipal corporation (the
"CITY") and the Little River Club, Inc., a Florida not for profit corporation (the
"CLUB"); collectively called the Parties ("Party or Parties") to this Agreement.
RECITALS
WHEREAS, the CLUB is the owner of the real property located within
the CITY at 755 NE 79 STREET which is more particularly legally described on
the attached Exhibit A (the "Subject Property");
WHEREAS, the CITY and the CLUB are in the midst of litigation about
the use and development of the Subject Property;
WHEREAS, a dispute exists between the CITY and the CLUB
concerning the lawfulness and appropriateness of the use of the CLUB's parking
lot at the rear of the Subject Property, which is legally described on the attached
Exhibit B (the "Parking Lot Property");
WHEREAS, both the CITY and the CLUB wish to amicably resolve and
settle this dispute and allow for the use of the Parking Lot Property, as a parking
lot in a T-3 zone abutting a commercial use, in a manner that will not have
negative impact on' the surrounding area;
WHEREAS, the Parties wish to amicably resolve their differences with
neither Party admitting or conceding any point of fact, law, liability, or defense;
and
NOW THEREFORE, in consideration of the mutual covenants entered
into between the Parties, and in consideration of the benefits to accrue to each, it
is agreed as follows:
1. Recitals.
11-00027xc1 Agreement 2-SUB
THIS DOCUMENT IS A SUBSTITUTION TO
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Zti13Au, -4 Fri 2: 34.
i ( The above recitals are true and correct, deemed to be findings, and are
Cs f` nK-{ � g
incorporated herein and made a part hereof.
2. Statement of Intent.
With this Agreement, the CITY and the CLUB seek to establish a new era
in their relationship by ending the litigation that presently exists between them
regarding the use of the Subject Property. Relatedly, the Parties seek to amicably
redirect that energy to promote sensible, appropriate and much needed
redevelopment of the Subject Property consistent with the health, safety, welfare,
and aesthetic interests of the CITY and its residents.
3. Agreement to Modify Design.
The CLUB has prepared the site plan entitled "Proposed Renovation Plan
Little River Club, Inc.," which is attached as Exhibit C (the "Revised Plan"). The
Revised Plan are not in final form but the amendments that will be made to it are
added to the Revised Plan in Exhibit C or listed within this Agreement, taken
together. Among other things, the Revised Plan proposes to remove a portion of
the CLUB 's existing building in order to provide directdriveway access to the
Subject Property from NE 79 Street and remove the existing driveway curb cut
along NE 80 Street to eliminate access into the site from the T3 Transect Zone.
The Revised Plan also proposes the installation of a solid six (6) foot masonry
wall (surrounding all the sides of the T-3 portion of the Parking Lot Property)
with the rear wall set back 20 feet from NE 80 Street and additional buffering and
lush landscaping along the northern property line of the Subject Property, which
will prevent any and all direct parking and vehicular and pedestrian access from
the Subject Property to NE 80 Street. There will be no gate that can open to NE
80 Street, only a solid six (6) foot masonry wall surrounding the T-3 portion of
the Parking Lot Property, preventing any ingress or egress, from or to NE 80
Street. The CLUB has sought City approval of the Revised Plan through the
public hearing "Exception" (Exception No. 11-00027xc1) approved at the June
27, 2013, City Commission Hearing, with the modified 20 foot setback and the
removal of two (2) small medians within the Parking Lot Property, attached as
Exhibit D.
4. Agreement to Process Application for Building Permits.
The CITY agrees to accept and expeditiously process the applications for
Building Permits filed by the CLUB for approval necessary to bring the Subject
Property in compliance with this Agreement to continue to use the CLUB's rear
ftm
E
THIS DOCUMENT IS A SUBSTITUTION TO
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71323 At:3UG -4r PlH 2 • 314
Parking Leii�P-roperty tfp5`prkirig purposes consistent with a T-3 zoning with •
conditions ah Set forth Agreement, the Revised Plan, the Exception, and a
Construction Management and Parking Staging Plan
5. Development of Revised Plan.
The CLUB shall seek the necessary demolition and building permit(s) to
develop the Revised Plan following the expiration of any and all appeal periods
without any appeal having been taken. The CLUB agrees that under no
circumstances may the Parking Lot Property be used for parking or access
purposes until the development depicted on the Revised Plan has been completed
and approved by the City. The barricades present at the Subject Property
preventing vehicular access onto NE 80 Street shall not be removed until the six
(6) foot masonry wall is built and the existing driveway curb cut removed.
Nothing herein shall prevent the CLUB from using the Parking Lot Property as a
parking lot in a .T-3 zone prior to the development of the Revised Plan's
improvements, as long as there is no vehicular access through NE 80 Street, or at
least no vehicular access inconsistent with the Construction Management and
Parking Staging Plan created when building permits are pulled.
The use of the remainder of the Subject Property shall not be limited by
the terms of this Agreement, as long as such use does not include any parking or
pedestrian or vehicular access on or through NE 80 Street. The CLUB will be in
substantial compliance with the terms of this Agreement within nine months of
signing this Agreement.
6. Dismissal of Pending Appeal and Litigation.
Within ten (10) days of the Parties signing this Agreement, the CLUB
shall dismiss the Petition for Writ of Certiorari pending before the Third District
Court of Appeal under file number 3D12-1945 (Lower Tribunal Case Nos. 11-
322AP and 11-406AP) and both parties will dismiss with prejudice Case No. 11-
24889 CA 15, with both Parties bearing their own costs and attorneys' fees, and
asking the State Court to retain jurisdiction to enforce this Agreement.
Furthermore, the City will close Code Enforcement Case Nos.
CE2011009668 and CE2011010108 and CE2011012988, as a part of this
settlement.
RECEIVED
THIS DOCUMENT IS A SUBSTITUTION TO
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2023 AUG -4 PH 2: 35
OFFICE OF THE CiT
CITY Or l�ljA will seek no further determination under Zoning
Admuns CLUB
tors Revocation of the Certificate of Use under File ID 11-00645za
and the City will reinstate the Certificate of Use once substantial compliance has
been made building solid six (6) foot masonry wall as indicated in the Revised
Plans dated 08/24/2012 as amended with comments on the plans on or about
08/07/2013 herein.
7. Amendments.
This Agreement may be amended or released by the written mutual
consent of the CITY via its City Commission and the CLUB.
8. Applicable Laws and Construction.
The laws of the State of Florida shall govern the validity, performance and
enforcement of this Agreement. This Agreement has been negotiated by the
CITY and the CLUB, and the Agreement, including, without limitation, the
Exhibits, shall not be deemed to have been prepared solely by the CITY or by
CLUB, but by both Parties equally.
9. Venue and Jurisdiction,
(a) For purposes of any suit, action, or other proceeding arising
out of or relating to this Agreement, the Parties hereto do acknowledge, consent,
and agree that venue therefore is Miami -Dade County, Florida and the State Court
shall retain jurisdiction to enforce this Agreement.
(b) Any civil action or legal proceeding arising out of or
relating to this Agreement shall be brought in the 11`h Judicial Circuit in and for
Miami -Dade County, Florida. Each Party irrevocably consents to the personal
jurisdiction of such court in any such civil action or legal proceeding and waives
any objection to the laying of venue of any such civil action or legal proceeding in
such court.
10. Estoppel Certificates.
The CITY and the CLUB shall at any time and from time to time, upon
not less than ten (10) days prior notice by another Party hereto, execute,
acknowledge and deliver to the other Party, a statement in recordable form
certifying that this Agreement has not been modified and is in full force and effect
(or if there have been modifications that the said Agreement as modified is in full
force and effect and setting forth a notation of such modifications), and that to the
THIS DOCUMENT IS A SUBSTITUTION TO
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2023 AUG -4 PM 2: 35
OFFICE OF TI-F CITY Y C` T:
CITY knowledge of such Party, neither it nor any other Party is then in default hereof
(or if another Party is then in default hereof, stating the nature and details of such
default), it being intended that any such statement delivered pursuant to this
paragraph may be relied upon by any prospective purchaser, mortgagee,
successor, assignee of any mortgage or .assignee of the respective interest in
Subject Property, if any, of any Party to this Agreement.
11. Complete Agreement; Amendments.
(a) This Agreement, and all the terms and provisions contained
herein, including without limitation the Exhibits hereto, the Revised Plan, the
Exception, and a Construction Management and Parking Staging Plan, constitute
the full and complete Agreement between the Parties hereto to the date hereof
with respect to the matters expressly set forth herein, and supersedes and controls
over any and all prior agreements, understandings, representations,
correspondence and statements, whether written or oral. The rule of contract
interpretation known as expressio unius est exclusio alterius shall not be applied
when interpreting this Agreement to address matters not expressly identified
within this Agreement.
(b) Any provision of this Agreement shall be read and applied
in pari materia with all other provisions hereof.
(c) This Agreement cannot be changed or revised except by
written amendment signed by both Parties hereto or otherwise permitted herein
without the express consent of the City Commission.
(d) The Parties have agreed to implement a Construction
Management and Parking Staging Plan to be signed by the Parties and in place at
the time of issuance of the building permits for the Subject Property, as a part of
this Agreement, to manage the construction taking place on the Subject Property.
12. Captions.
The article and section headings and captions of this Agreement are for
convenience and reference only and in no way define, limit, describe the scope or
intent of this Agreement or any part thereof, or in any way affect this Agreement
or construe any article, section, subsection, paragraph or provision hereof.
13. Holidays.
az�� Tt ti
THIS DOCUMENT IS A SUBSTITUTION TO
THE ORIGINAL. BACKUP ORIGINAL CAN BE
FOUND AT THE END OF THIS DOCUMENT.
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it ii, hereby agreed and declared that whenever a notice or performance
J' 'under the terms of this Agreement is to be made or given on a Saturday or Sunday
or on a legal holiday observed in the CITY, it shall be postponed to the next
following business day.
14. Exhibits.
Each Exhibit referred to and attached to this Agreement is an essential part
of this Agreement (Le. the Revised Plan, the Exception, and a Construction
Management and Parking Staging Plan). The Exhibits and any amendments or
revisions thereto, even if not physically attached hereto, shall be treated as if they
are part of this Agreement and incorporated herein.
15. Public Purpose.
The CITY and the CLUB acknowledge and agree that this Agreement
satisfies, fulfills and is pursuant to and for a public and municipal purpose and is
in the public interest, and is a proper exercise of the CITY's power and authority.
16. No General Obligation.
In no event shall any obligation of the CITY under this Agreement be or
constitute a general obligation or indebtedness of the CITY, a pledge of the ad
valorem taxing power of the CITY, the lending of credit, or a general obligation
or indebtedness of the CITY within the meaning of the Constitution of the State of
Florida or any other applicable laws.
17. Approvals Not Unreasonably Withheld.
The CITY agrees that all approvals, consents, and reviews of the
applications and permits necessary to develop the Revised Plan in accordance
with the provisions of this Agreement, the Revised Plan, the Exception, and a
Construction Management and Parking Staging Plan will be reviewed as
expeditiously as possible, in good faith, and will not be arbitrarily or unreasonably
withheld. This paragraph relates solely to the legislative, ministerial or
administrative approvals or actions of the CITY and does not relate to any quasi-
judicial approval or action.
18. Preservation of Rights.
THIS DOCUMENT IS A SUBSTITUTION TO
THE ORIGINAL. BACKUP ORIGINAL CAN BE
FOUND AT THE END OF THIS DOCUMENT.
2923 A?' —4 PH 2: 25
its r j v CITY
IT OF
THE tlTY , L fie CITY and the. CLUB further acknowledge and agree that certain
CI i � �, � 1i`4i`3i,
provisions of this Agreement will require the CITY and/or its boards, departments
or agencies, acting in their government capacities, to consider governmental
action as set forth herein. The CITY and the CLUB acknowledge and agree that
all such actions undertaken by the CITY shall be undertaken in strict accordance
with established requirements of the general laws of the State of Florida and
CITY ordinances or regulations. Nothing in this Agreement or the CITY, or the
CLUB's acts or omissions in connection herewith shall be deemed in any manner
to waive, limit, impair, or otherwise affect the authority of the CITY in the
discharge of its police or governmental power expressly including the zoning
power.
19. Scrivener's Errors; Survey Corrections.
In the event that due to scrivener's errors contained herein or any Exhibit
attached hereto or any other agreement contemplated hereby, or due to changes
resulting from technical matters arising during the term of this Agreement, the
CITY and the CLUB agree that amendments to this Agreement required due to
such inaccuracies, unforeseen events or circumstances which do not change the
substance of this Agreement may be made and incorporated herein. The City
Manager is authorized to approve such technical amendments on behalf of the
CITY, and is authorized to execute any required instruments, to make and
incorporate such amendment to this Agreement or any Exhibit attached hereto or
any other agreement contemplated hereby.
20. Notices.
The parties designate the following persons as representatives to receive
any notices with regard to this Agreement:
For the CITY:
With a copy to:
Johnny Martinez, PE
City Manager
City Hall, City of Miami
3500 Pan American Drive,
Miami, FL 33133
Julie 0. Bru, City Attorney
Office of the City Attorney,
City of Miami
444 SW 2nd Avenue, Suite 945
Miami, Florida 33130
2323 AUS -4 P l 2: 25
1FFICF OF THE CITY CLL For the CLUB:
CITY OF MIAMI
With a copy to:
THIS DOCUMENT IS A SUBSTITUTION TO
THE ORIGINAL. BACKUP ORIGINAL CAN BE
FOUND AT THE END OF THIS DOCUMENT.
Little River Club
755 NE 79th Street
Miami, Florida 33138
Ben Fernandez, Esq.
Bercow Radell & Fernandez, P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 33131
Mailing of written notice by means of U.S. Postal Service, regular mail
and certified mail return receipt, shall constitute prima facie evidence of delivery.
21. Successors in Interest.
These obligations and benefits of this Agreement shall inure to all
successors in interests to the parties to this Agreement pursuant to the Miami 21.
Zoning Ordinance.
22. Effective Date.
This Agreement shall become effective upon the approval of execution by
each Party's authorized representative.
23. Force Majeure.
In the event that either Party hereto is prevented from fully and timely
performing any of its obligations hereunder due to acts of God, strikes and/or
lock -outs, other industrial disturbances, acts of the public enemy, laws, rules and
regulations of governmental authorities, wars or warlike action (whether actual,
impending or expected, and whether de jure or de facto), arrest or other restraint
of government (civil or military), blockades, insurrections, acts of terrorists or
vandals, riots, epidemics, landslides, sinkholes, lightning, hurricanes, storms,
floods, washouts, fire or other casualty, condemnation, earthquake, civil
commotion, explosion, breakage or accident to equipment or machinery, any
interruption of utilities, confiscation or seizure by any government or public
authority, nuclear reaction or radiation, radioactive contamination, accident,
repairs or other matter or condition beyond the reasonable control of either Party
(collectively called "Force Majeure", financial inability to perform is hereby
expressly excluded), such Party shall be relieved of the duty to perform such
obligation until such time as the Force Majeure has been alleviated; provided, that
upon the removal of the Force Majeure, the obligation prevented from being
0
RECEIVED
2023 AUG —4 PM 2: 35
OFFICE OF THE alifirltilEM1 be automatically reinstated without the necessity of any notice
CITY OF l`Wlii3oever.
24. No Third Party Beneficiaries.
THIS DOCUMENT IS A SUBSTITUTION TO
THE ORIGINAL. BACKUP ORIGINAL CAN BE
FOUND AT THE END OF THIS DOCUMENT.
Nothing in this Agreement, whether express or implied, is intended to
confer any rights or remedies under or by reason of this Agreement on any
persons other than the Parties hereto and their respective administrators,
executors; other legal representatives, heirs, successors and permitted assigns.
Nothing in this Agreement is intended to relieve or discharge the obligation or
liability of any third persons to any Party to this Agreement, nor shall any
provision give any third 'person's legal standing or any right of subrogation or
action over or against any Party to this Agreement:
25. Relationship of the Parties.
'The Parties hereto acicnowledge that they are separate and independent
entities and nothing contained herein shall be deemed to create .a joint venture,
association, partnership, agency or employment relationship between the two.
Neither Party shall have the power to act in the name of, on behalf of, or incur
obligations binding upon the other Party. Neither Party shall acquire an interest in
the business or operations of the other by virtue of this Agreement. Furthermore,
neither Party endorses or warrants the activities of the other or their business,
business practices, projects, products, services or other activities.
26. Time is of the Essence.
Time is of the essence for each and every provision of this Agreement.
27. Further Assurances.
The Parties agree to execute and deliver from time to time such
documents, and to perform all actions that may be necessary to effectively and
completely carry out the intended effect of this Agreement, including but not
limited to, defending the Agreement from legal or administrative challenge.
28. Construction.
The language used in this Agreement will be deemed to be the language
chosen by all of the Parties to express their mutual intent, and no rule of strict
construction shall be applied against any Party. Any reference to• any federal,
�. V E
4.
P.23 AUG —4 PtH 2: 35
"FlCI~O `ECi#YC
CITY OF MIAMI
THIS DOCUMENT IS A SUBSTITUTION TO
THE ORIGINAL. BACKUP ORIGINAL CAN BE
FOUND AT THE END OF THIS DOCUMENT.
state, local, or foreign statute or law shall be deemed also to refer to all rules and
regulations promulgated thereunder, unless the context requires otherwise.
29. Jury Waiver.
With respect to any civil action, counterclaim, or proceeding, whether at
law or in equity, which arises out of, concerns or relates to this Agreement, any
transactions contemplated hereunder, the performance hereof or the relationship
created hereby, whether sounding in contract, tort, strict liability or otherwise,
trial shall be to a court of competent jurisdiction and not to a jury. Each Party
hereby irrevocably waives any right (statutory, constitutional, common law or
otherwise) it may have to a trial by jury. Any Party may file an original
counterpart or a copy of this Agreement with any court as written evidence of the
waiver of the other Parties' right to trial by jury. No Party has made or relied upon
any oral representations by any other Party regarding the enforceability of this
provision. Each Party has read and understands the effect of this jury waiver
provision.
30. Release.
The Club agrees to release and forever discharge the CITY, its current and
former departments, agencies, instrumentalities, commissioners, board members,
officials, directors, officers, agents, servants, and employees, and their respective
heirs, representatives and assigns (collectively the "RELEASEES"), from any and
all claims, demands, or causes of action (including attorney's fees and costs),
arising from any act or occurrence from the beginning of time through the present,
and particularly including, but not limited .to, all claims which were asserted, or
could have been aserted, in the lawsuits and code cases that are the subject of this
Agreement.
(Balance of Page Intentionally Left Blank) •
0
THIS DOCUMENT IS A SUBSTITUTION TO
THE ORIGINAL. BACKUP ORIGINAL CAN BE
FOUND AT THE END OF THIS DOCUMENT.
2323 AU?, --t P{M
CITY I IN WITNESS THEREOF, the Parties hereto have caused the execution
of this Agreement by their duly authorized officials as of the day and year first
written above.
Signed, sealed and delivered in the presence of:
Witness
Print Name:
Witness
By:
Its:
ATTEST:
APPROVED AS
PLANNING CRITERIA
n isco (Satcla,
irec or Planning and Zoning
TO
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
1ulie �` Bru, C y Attorney
THIS DOCUMENT IS A SUBSTITUTION TO
THE ORIGINAL. BACKUP ORIGINAL CAN BE
FOUND AT THE END OF THIS DOCUMENT.
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Approved by the City Commission on June 27, 2013, with the adoption of Resolution No.
13-0264.
B
/rohnny Martine , P - anager
ATTEST:
Todd': B. annon, City Clerk
3
THIS DOCUMENT IS A SUBSTITUTION TO
THE ORIGINAL. BACKUP ORIGINAL CAN BE
FOUND AT THE END OF THIS DOCUMENT.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
tU4f—
Th oregoing nstrument'acicnowl ed before me this day of
2013, by , the t�C of the Little River Club, Inc., who
persoi ally kt n to me, or who has produced '1 DL as
identification who i/did/ not take an oath.
Notary Seal
PLANE BIEN .Al11P
Notary Public. Stab otAmide
Commission I FF 10:11
My comm. mhos April 10. 2017
STATE OF FLORIDA
Nc(tary Public St to of Florid
Print Name:, y /a nG cj fries/
Date: Obi 3D /
My Commission Expires:.
/
COUNTY OF MIAMI-DADE
DA ? 1 Zi PA .' S o I1c'i t"S C� y rn c'1 G S r/ �i,' � b7•
The foregoing instrument was acknowledged before me this day of
2013, by Jokey-fvfartinez;PE, the City Manager of the City of Miami, who is
personally known to me, or who has produced
"identification who did/ not take . o
Notary Seal
Notar / ublic, State of Florida
Print ame:
Date:
-r�-13
My Commission Expires:
as
THIS DOCUMENT IS A SUBSTITUTION TO
THE ORIGINAL. BACKUP ORIGINAL CAN BE
FOUND AT THE END OF THIS DOCUMENT.
Exhibit A
Legal Description •
Lots 50, 51, 52, 53, and 54, less the South. 5 feet thereof, and Lots 8 and 9, in Block "A" •
of COMMERCIAL SHORE CREST; according to the Plat thereof, recorded in Plat Book •
17, at Page 16; of the Public Records of Miami -Dade County, Florida.
Addresses:
770 NE 80th Street, Miami, FL.(01-3207-017-0030)
776 NE 80th Street, Miami, FL (01-3207=017-0020)
• 753 NE 79th Street, Miami, FL (01-3207-017-0260)
THIS DOCUMENT IS A SUBSTITUTION TO
THE ORIGINAL. BACKUP ORIGINAL CAN BE
FOUND AT THE END OF THIS DOCUMENT.
Exhibit B
Legal Description
Lots 8 and 9, in Block °A" of COMMERCIAL SHORE CREST, according to the Plat
thereof, recorded in Plat Book 17, at Page 16, of the Public Records of Miami -Dade
County, Florida.
Addresses:
770 NE 80th Street, Miami, FL (01-3207-017-0030)
776 NE 80th Street, Miami, FL (01-3207-017-0020)
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City of Miami
Legislation
Resolution: R-13-0264
THIS DOCUMENT IS A SUBSTITUTION TO
THE ORIGINAL. BACKUP ORIGINAL CAN BE
FOUND AT THE END OF THIS DOCUMENT.
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00027xc1
Final Action Date: 6/27/2013
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING AN EXCEPTION, WITH CONDITIONS, PURSUANT TO ARTICLE 7,
SECTION 7.2.6(A), OF ZONING ORDINANCE NO. 13114, THE MIAMI 21 CODE
ENTITLED, "NONCONFORMING USES," TO ALLOW CONTINUED USE OF A
NON -CONFORMING ACCESSORY PARKING ABUTTING A'T3-R," PREVIOUSLY
APPROVED ASATRANSITIONAL USE UNDER PRIOR ZONING ORDINANCE NO.
6871, FOR AN ADDITIONAL TERM OF UP TO TWENTY (20) YEARS, FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 770 AND 776 NORTHEAST 80TH
STREET, MIAMI, FLORIDA.
WHEREAS, Article 7, Section 7.2.6(A), entitled "Nonconforming Uses", establishes the process by
which accessory parking abutting T3-R areas, approved as transitional uses under prior zoning
ordinances that were nonconforming prior to the adoption of the Miami 21 Code, may seek an
extension of the use for an additional term of up to twenty (20) years; and
WHEREAS, the original conditional use approval for the property located at approximately 770 and
776 Northeast 80th Street, Miami, Florida (the "Property"), was granted under Zoning Ordinance No.
6871; and
WHEREAS, the original conditional use approval, under Zoning Ordinance No. 6871, permitting
the use of Tots or off-street parking facilities with a vehicular access point on Northeast 80th Street,
Miami, Florida, in conjunction with commercial uses fronting Northeast 79th Street, Miami, Florida, was
granted on September 15, 1965, pursuant to Resolution No. 36942; and
WHEREAS, the original conditional use granted pursuant to Resolution No. 36942, was not
considered to be a permanent use, but only a transitional use for the Property, granted to the then
owners of the Property, on a temporary basis in 1965; and
WHEREAS, the Little River Club, Inc., the now owners of the property has continued the
transitional use of the parking lot with vehicular access through Northeast 80th Street, Miami, Florida,
for approximately forty-five (45) years by receiving extensions pursuant to the provisions in successive
zoning ordinances; and
WHEREAS, the T3-R area to the north of Northeast 80th Street is a well established single family
residential neighborhood, and will be preserved from the continued vehicular access from the Little
River Club, Inc. parking lot onto Northeast 80th Street by granting the Exception, with conditions, that
include: 1) vehicular and pedestrian access only through Northeast 79th Street, 2) no vehicular access
to or from Northeast 80th Street, 3) no pedestrian access to or from Northeast 80th Street; 4) a solid
six (6) foot masonry wall surrounding the T3-R area and abutting Northeast 80th Street, set back
twenty (20) feet from Northeast 80th Street be constructed; (5) landscaping and buffering along the six
(6) foot masonry wall facing Northeast 80th Street be added to substantially conceal the wall; and
WHEREAS, in the past forty-five (45) years the residential neighborhood north of Northeast 80th
LC :Z Wd h- ifV Mi.
Ci(y of Miami Page 1 of 2 File Id: II-00027xc1(Version: 2) Printed On: 8/19/2022
File Number. 11-00027xc1
THIS DOCUMENT IS A SUBSTITUTION TO
THE ORIGINAL. BACKUP ORIGINAL CAN BE
FOUND AT THE END OF THIS DOCUMENT.
Enactment Number: R-13-0264
Street, Miami, Florida, has significantly increased in population, and the increased traffic flow to and
from the Little River Club, Inc. parking lot has adversely affected the residential neighborhood; and
WHEREAS, approval of an Exception, with conditions, for the continued use of the accessory
parking abutting a T3-R area is consistent with the applicable criteria set forth Article 7, Section 7.2.6
(A) of the Miami 21 Code;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as fully set forth in this Section.
Section 2. The Exception, with conditions as stated above, pursuant to Article 7, Section 7.2.6 (A),
entitled "Nonconforming Uses" of Zoning Ordinance No. 13114, the Miami 21 Code, as amended, to
continue the use of the non -conforming accessory parking abutting a "T3-R," previously approved as a
transitional use under Zoning Ordinance No.6871, for an additional term of up to twenty (20) years, for
the properties located at approximately 770 and 776 Northeast 80th Street, Miami, Florida, legally
described in attached "Exhibit A," is granted.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: I1-00027xc1(Version: 2) Printed On: 8/19/2022
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)FF10E OF CITY CLERli
CITY OF M I A M CITY OF MIAMI
SETTLEMENT AGREEMENT AND GENERAL RELEASE
WITH
THE LITTLE RIVER CLUB
("AGREEMENT")
THIS AGREEMENT is made and entered into as of this day of July,
2013, by and between the City of Miami, a Florida municipa corporation (the
"CITY") and the Little River Club, Inc., a Florida not for pro it corporation (the
"CLUB"); collectively called the Parties ("Party or Parties") • this Agreement.
RECITALS
WHEREAS, the CLUB is the owner of the eal property located within
the CITY at 755 NE 79 STREET which is more .,: icularly legally described on
the attached Exhibit A (the "Subject Property");
WHEREAS, the CITY and the CL : are in the midst of litigation about
the use and development of the Subject Pr• • erty;
WHEREAS, a dispute exi s between the CITY and the CLUB
concerning the lawfulness and appr• •riateness of the use of the CLUB's parking
lot at the rear of the Subject Prop= y, which is legally described on the attached
Exhibit B (the "Parking Lot Pro rty");
WHEREAS, both t CITY and the CLUB wish to amicably resolve and
settle this dispute and allo for the use of the Parking Lot Property, as a parking
lot in a T-3 zone abutt. g a commercial use, in a manner that will not have a
negative impact on th- mounding area;
WHERE :, the Parties wish to amicably resolve their differences with
neither Party ad ' 'tting or conceding any point of fact, law, liability, or defense;
and
N THEREFORE, in consideration of the mutual covenants entered
into be , een the Parties, and in consideration of the benefits to accrue to each, it
is agr .• as follows:
1. Recitals.
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r - ` '•
It a %,s t iED
21323 AUG _14 PM 2. 37
FFICE OF T CITY
CITY OF M I A M I ,. ne above recitals are true and correct, deemed to be findings, an
incorporated herein and made a part hereof.
2. Statement of Intent.
With this Agreement, the CITY and the CLUB seek to establ' : a new era
in their relationship by ending the litigation that presently exists • etween them
regarding the use of the Subject Property. Relatedly, the Parties ek to amicably
redirect that energy to promote sensible, appropriate ... much needed
redevelopment of the Subject Property consistent with the h- :A th, safety, welfare,
and aesthetic interests of the CITY and its residents.
3. Agreement to Modify Design.
The CLUB has prepared the site plan entitl
Little River Club, Inc.," which is attached as Ex
Revised Plan are not in final form but the ame
added to the Revised Plan in Exhibit C or
together. Among other things, the Revis
the CLUB's existing building in order t
Subject Property from NE 79 Street
along NE 80 Street to eliminate acc
The Revised Plan also proposes t
wall (surrounding all the sides o
with the rear wall set back 20 f
lush landscaping along the n
will prevent any and all di
the Subject Property to
80 Street, only a solid
the Parking Lot Pro
Street. The CLUB
public hearing "
2013, City Co
removal of o
Exhibit D.
d "Proposed Renovation Plan
it C (the "Revised Plan"). The
dments that will be made to it are
sted within this Agreement, taken
lan proposes to remove a portion of
provide direct driveway access to the
d remove the existing driveway curb cut
s into the site from the T3 Transect Zone.
installation of a solid six (6) foot masonry
the T-3 portion of the Parking Lot Property)
t from NE 80 Street and additional buffering and
hem property line of the Subject Property, which
ct parking and vehicular and pedestrian access from
80 Street. There will be no gate that can open to NE
ix (6) foot masonry wall surrounding the T-3 portion of
rty, preventing any ingress or egress, from or to NE 80
as sought City approval of the Revised Plan through the
ception" (Exception No. Xpp(X) approved at the June 27,
ission Hearing, with the modified 20 foot setback and the
(2) small medians within the Parking Lot Property, attached as
Agreement to Process Application for Building Permits.
The CITY agrees to accept and expeditiously process the applications for
ilding Permits filed by the CLUB for approval necessary to bring the Subject
roperty in compliance with this Agreement to continue to use the CLUB's rear
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23131
3FFICE OF -
C+; y 0;'
',
parkihig Lot Property for parking purposes consistent with a T-3 zoning with
conditions as set forth in this Agreement, the Revised Plan, the Exception, and a
Construction Management and Parking Staging Plan .
5. Development of Revised Plan.
The CLUB shall seek the necessary demolition and building pe
develop the Revised Plan following the expiration of any and all app
without any appeal having been taken. The CLUB agrees th
circumstances may the Parking Lot Property be used for par
purposes until the development depicted on the Revised Plan ha
and approved by the City. The barricades present at the
preventing vehicular access onto NE 80 Street shall not be
(6) foot masonry wall is built and the existing drivew
Nothing herein shall prevent the CLUB from using the P
parking lot in a T-3 zone prior to the developme
improvements, as long as there is no vehicular acces
least no vehicular access inconsistent with the
Parking Staging Plan created when building pe
The use of the remainder of the Subje
the terms of this Agreement, as long as suc
pedestrian or vehicular access on or throu
substantial compliance with the terms o
signing this Agreement.
6. Dismissal of Pe din • A
Within ten (10)
shall dismiss the Petitio
Court of Appeal unde
322AP and 11-406A
24889 CA 15, wit
asking the State
Furth
CE201100
settleme
t
it(s) to
al periods
under no
ng or access
een completed
Subject Property
moved until the six
y curb cut removed.
rking Lot Property as a
of the Revised Plan's
through NE 80 Street, or at
onstruction Management and
are pulled.
Property shall not be limited by
se does not include any parking or
NE 80 Street. The CLUB will be in
this Agreement within nine months of
is
eal and Liti ' ation.
ds of the Parties signing this Agreement, the CLUB
for Writ of Certiorari pending before the Third District
file number 3D12-1945 (Lower Tribunal Case Nos. 11-
and both parties will dismiss with prejudice Case No. 11-
both Parties bearing their own costs and attorneys' fees, and
ourt to retain jurisdiction to enforce this Agreement.
ore, the City will close Code Enforcement Case Nos.
68 and CE2011010108 and CE2011012988, as a part of this
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RECPAVED
2023 AUG —4 PM 2: 37
OFFtGCOOIY F CITCLZaN
Y
e CLUB will seek no further determination under Zoning
Administrator's Revocation of the Certificate of Use under File ID 11-00645za
and the City will reinstate the Certificate of Use once substantial compliance has
been made building solid six (6) foot masonry wall as indicated in the Revised
Plans dated 08/24/2012 as amended with comments on the plans on or about
08/07/2013 herein.
7. Amendments.
This Agreement may be amended or released by the written nutual
consent of the CITY via its City Commission and the CLUB.
8. Applicable Laws and Construction.
The laws of the State of Florida shall govern the validity •erformance and
enforcement of this Agreement. This Agreement has bee negotiated by the
CITY and the CLUB, and the Agreement, including, w a out limitation, the
Exhibits, shall not be deemed to have been prepared sol y by the CITY or by
CLUB, but by both Parties equally.
9. Venue and Jurisdiction.
(a) For purposes of any suit,
out of or relating to this Agreement, the Parti
and agree that venue therefore is Miami -Da
shall retain jurisdiction to enforce this A
tion, or other proceeding arising
hereto do acknowledge, consent,
County, Florida and the State Court
ement.
(b) Any civil acti• or legal proceeding arising out of or
relating to this Agreement shall be ought in the 116' Judicial Circuit in and for
Miami -Dade County, Florida. E. i Party irrevocably consents to the personal
jurisdiction of such court in any uch civil action or legal proceeding and waives
any objection to the laying of nue of any such civil action or legal proceeding in
such court.
10. Esto
The CITY
not less than to
acknowledge
certifying that
(or if there
force and
1 ertificates.
d the CLUB shall at any time and from time to time, upon
(10) days prior notice by another Party hereto, execute,
deliver to the other Party, a statement in recordable form
is Agreement has not been modified and is in full force and effect
ve been modifications that the said Agreement as modified is in full
fect and setting forth a notation of such modifications), and that to the
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t
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7D
2023 AUG -y PM 2: 37
1ICECF;,-
rrY OF
Y C ;
wledge of such Party, neither it nor any other Party is then in default her. •f
(or if another Party is then in default hereof, stating the nature and details of uch
default), it being intended that any such statement delivered pursuant o this
paragraph may be relied upon by any prospective purchaser, m► gagee,
successor, assignee of any mortgage or assignee of the respective nterest in
Subject Property, if any, of any Party to this Agreement.
11. Complete Agreement; Amendments.
(a) This Agreement, and all the teens and •rovisions contained
herein, including without limitation the Exhibits hereto, e Revised Plan, the
Exception, and a Construction Management and Parkin: taging Plan, constitute
the full and complete Agreement between the Partie, ereto to the date hereof
with respect to the matters expressly set forth herein .nd supersedes and controls
over any and all prior agreements, un• -rstandings, representations,
correspondence and statements, whether writte• or oral. The rule of contract
interpretation known as expressio unius est ex usio alterius shall not be applied
when interpreting this Agreement to addr-.s matters not expressly identified
within this Agreement.
(b) Any provision o this Agreement shall be read and applied
in pari materia with all other provisi• s hereof.
(c) This Agre= ent cannot be changed or revised except by
written amendment signed by •oth Parties hereto or otherwise permitted herein
without the express consent • " the City Corr nission.
(d) T • Parties have agreed to implement a Construction
Management and Park g Staging Plan to be signed by the Parties and in place at
the time of issuance %f the building permits for the Subjcct Property, as a part of
this Agreement, to anage the construction taking place on the Subject Property.
12.
tions.
Th article and section headings and captions of this Agreement are for
convenie • ce and reference only and in no way define, limit, describe the scope or
intent • this Agreement or any part thereof, or in any way affect this Agreement
or co ' strue any article, section, subsection, paragraph or provision hereof.
13. Holidays.
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is kj
2023AUG _4 2: 37
JF t ICE OF Trig CIT ;
CITY MIAA gidreby agreed and declared that whenever a notice or performe
under the terms of this Agreement is to be made or given on a Saturday or S day
or on a legal holiday observed in the CITY, it shall be postponed to t next
following business day.
14. Exhibits.
Each Exhibit referred to and attached to this Agreement is . n essential part
of this Agreement (i.e. the Revised Plan, the Exception, . d a Construction
Management and Parking Staging Plan). The Exhibits and . y amendments or
revisions thereto, even if not physically attached hereto, sh, 1 be treated as if they
are part of this Agreement and incorporated herein.
15. Public Purpose.
The CITY and the CLUB acknowledge
satisfies, fulfills and is pursuant to and for a p
in the public interest, and is a proper exercise
16. No General Obligation.
and agree that this Agreement
lic and municipal purpose and is
f the CITY's power and authority.
In no event shall any obligation of the CITY under this Agreement be or
constitute a general obligation or ' debtedness of the CITY, a pledge of the ad
valorem taxing power of the CI , the lending of credit, or a general obligation
or indebtedness of the CITY w in the meaning of the Constitution of the State of
Florida or any other applicab - laws.
17. A s • royal Not Unreasonably Withheld.
The CITY .. ees that all approvals, consents, and reviews of the
applications and p<rmits necessary to develop the Revised Plan in accordance
with the provisi• s of this Agreement, the Revised Plan, the Exception, and a
Construction ► anagement and Parking Staging Plan will be reviewed as
expeditiousl as possible, in good faith, and will not be arbitrarily or unreasonably
withheld. his paragraph relates solely to the legislative, ministerial or
administ tive approvals or actions of the CITY and does not relate to any quasi-
judicia approval or action.
18. Preservation of Rights.
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The CITY and the CLUB further acknowledge and agree that certain
provisions of this Agreement will require the CITY and/or its boards, departments
or agencies, acting in their government capacities, to consider government
action as set forth herein. The CITY and the CLUB acknowledge and agree at
all such actions undertaken by the CITY shall be undertaken in strict accor. . nee
with established requirements of the general laws of the State of Flor.. a and
CITY ordinances or regulations. Nothing in this Agreement or the C ' , or the
CLUB's acts or omissions in connection herewith shall be deemed in . y manner
to waive, limit, impair, or otherwise affect the authority of the ' ITY in the
discharge of its police or governmental power expressly induct' g the zoning
power.
19. Scrivener's Errors; Survev Corrections.
In the event that due to scrivener's errors contai i - d herein or any Exhibit
attached hereto or any other agreement contemplated ereby, or due to changes
resulting from technical matters arising during the erm of this Agreement, the
CITY and the CLUB agree that amendments to t is Agreement required due to
such inaccuracies, unforeseen events or circum ances which do not change the
substance of this Agreement may be made . d incorporated herein. The City
Manager is authorized to approve such teeical amendments on behalf of the
CITY, and is authorized to execute an, required instruments, to make and
incorporate such amendment to this Agr' ement or any Exhibit attached hereto or
any other agreement contemplated her: 1 y.
20. Notices.
The parties designate e following persons as representatives to receive
any notices with regard to th. Agreement:
For the CITY:
With . copy to:
Johnny Martinez, PE c? c --
City Manager-.r,'''ti G)
City Hall, City of Miami
3500 Pan American Drive, ` :r] -17
Miami, FL 33133 =-i =
=-.<
cs •.
Julie Bru, City Attorney rri v
Office of the City Attorney, ,.;
City of Miami
444 SW 2nd Avenue, Suite 945
Miami, Florida 33130
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For the CLUB: XXXXXX
With a copy to:
a
2023 AUG -4 PM 2:
OF T'iti CITY
CITY CF MIAMICL"<<
Ben Fernandez, Esq.
Bercow Radell & Fernandez, P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 33131
Mailing of written notice by means of U.S. Postal Service, re
and certified mail return receipt, shall constitute prima facie evidence
21. Successors in Interest.
lar mail
delivery.
These obligations and benefits of this Agreement hall inure to all
successors in interests to the parties to this Agreement purs i ant to the Miami 21
Zoning Ordinance.
22.
Effective Date.
This Agreement shall become effective up
each Party's authorized representative.
23. Force Majeure.
In the event that either Party
performing any of its obligations he
lock -outs, other industrial disturban
regulations of governmental auth
impending or expected, and wh
of government (civil or milit
vandals, riots, epidemics,
floods, washouts, fire
commotion, explosion,
interruption of utiliti
authority, nuclear
repairs or other m
(collectively ca
expressly exc
obligation u
upon the
the approval of execution by
h= eto is prevented from fully and timely
under due to acts of God, strikes and/or
s, acts of the public enemy, laws, rules and
ities, wars or warlike action (whether actual,
er de jure or de facto), arrest or other restraint
), blockades, insurrections, acts of terrorists or
dslides, sinkholes, lightning, hurricanes, storms,
other casualty, condemnation, earthquake, civil
reakage or accident to equipment or machinery, any
, confiscation or seizure by any government or public
action or radiation, radioactive contamination, accident,
er or condition beyond the reasonable control of either Party
ed "Force Majeure", financial inability to perform is hereby
ded), such Party shall be relieved of the duty to perform such
it such time as the Force Majeure has been alleviated; provided, that
emoval of the Force Majeure, the obligation prevented from bcing
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2023 AUG —4 PM 2: 37
`FFfCEi F THE Ci
Ci # Y OF MI i _iY °will be automatically reinstated without the necessity of any
whatsoever.
24. No Third Party Beneficiaries.
Nothing in this Agreement, whether express or implied, is
confer any rights or remedies under or by reason of this Agr
persons other than the Parties hereto and their respectiv
executors, other legal representatives, heirs, successors and
Nothing in this Agreement is intended to relieve or discha
liability of any third persons to any Party to this Agr
provision give any third person's legal standing or any
action over or against any Party to this Agreement.
25. Relationship of the Parties.
The Parties hereto acknowledge that
entities and nothing contained herein shall
association, partnership, agency or empl
Neither Party shall have the power to a
obligations binding upon the other Part
the business or operations of the oth
neither Party endorses or warrant
business practices, projects, prod
no
intended to
ment on any
administrators,
ermitted assigns.
e the obligation or
ment, nor shall any
right of subrogation or
ey are separate and independent
deemed to create a joint venture,
ent relationship between the two.
in the name of, on behalf of, or incur
. Neither Party shall acquire an interest in
by virtue of this Agreement. Furthermore,
the activities of the other or their business,
cts, services or other activities.
26. Time is of th ssence.
Time is of the ess- ce for each and every provision of this Agreement.
27. Furt r Assurances.
The Part -s agree to execute and deliver from time to time such
documents, an to perform all actions that may be necessary to effectively and
completely : rry out the intended effect of this Agreement, including but not
limited to, ► efending the Agreement from legal or administrative challenge.
. Construction.
The language used in this Agreement will be deemed to be the language
c osen by all of the Parties to express their mutual intent, and no rule of strict
construction shall be applied against any Party. Any reference to any federal,
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state, local, or foreign statute or law shall be deemed also to refer to all rules
regulations promulgated thereunder, unless the context requires otherwise.
29. Jury Waiver.
With respect to any civil action, counterclaim, or proceedin
law or in equity, which arises out of, concerns or relates to this
transactions contemplated hereunder, the performance hereof o
created hereby, whether sounding in contract, tort, strict lia
trial shall be to a court of competent jurisdiction and not t
hereby irrevocably waives any right (statutory, constitut
otherwise) it may have to a trial by jury. Any Pa
counterpart or a copy of this Agreement with any cour
waiver of the other Parties' right to trial by jury. No P
any oral representations by any other Party regar
provision. Each Party has read and understand
provision.
30. elease.
The Club agrees to release and
former departments, agencies, instru
officials, directors, officers, agents
heirs, representatives and assigns
all claims, demands, or cause
arising from any act or occu
and particularly including,
could have been asserted
Agreement.
, whether at
Bement, any
the relationship
ity or otherwise,
a jury. Each Party
nal, common law or
may file an original
as written evidence of the
rty has made or relied upon
mg the enforceability of this
the effect of this jury waiver
rever discharge the CITY, its current and
entalities, commissioners, board members,
servants, and employees, and their respective
collectively the "RELEASEES"), from any and
of action (including attorney's fees and costs),
nce from the beginning of time through the present,
not limited to, all claims which were asserted, or
n the lawsuits and code cases that are the subject of this
ut
{Balance of Page Intentionally Left Blank}
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IN WITNESS THEREOF, the Parties hereto have caused the execution
of this Agreement by their duly authorized officials as of the day and year first
written above.
Signed, sealed and delivered in the presence of:
Witness
Print Name:
Its:
ra
CO
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APPROVED AS TO
PLANNING CRITERIA
By:
Francisco Garcia,
Director Planning and Zoning
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
Julie 0 Bru, City Attorney
Approved by the City Commission on June 27, 2013, with - adoption of Resolution
By:
Johnny Martinez, PE, City Manager
ATTEST:
By:
Todd B. Hannon, City erk
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STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this _
2013, by , the of the Little River Clu
personally known to me, or who has produced
identification who did/ not take an oath.
Notary Seal
Notary Public, State of Flori . a
Print Name:
Date:
My Commission pires:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
y of ,
Inc., who is
as
The foregoing instrument was . cknowledged before me this day of
2013, by Johnny Martinez, PE, the ' ity Manager of the City of Miami, who is
personally known to me, or o has produced
identification who did/ of take an oath.
Notary Seal
Notary Public, State of Florida
Print Name:
Date:
My Commission Expires:
as
-;7
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CITY OF MIAMI
SETTLEMENT AGREEMENT AND GENERAL RELEASE
WITH
THE LITTLE RIVER CLUB
("AGREEMENT")
TIIIS AGREEMENT is made and entered into as
, 2013, by and between the City of Miam
corporation (the "CITY") and the Little River Club, In
corporation (the "CLUB") and collective] called th
to this Agreement.
RECITA
WHEREAS, the CLUB is the o 9
the CITY at 755 NE 79 STREET which 'a mo
the attached Exhibit A (the "Subj Pr
WHEREAS, the CITY and
the use and development of the Su
day of
rida municipal
rida not for profit
"Part- • or Parties"
property 1.=ted within
icularly legally described on
dst of litigation about
WHEREA a. t'e e 'sts ' between the CITY and the CLUB
concerning the 1 Q : ess a YL ap. opriat e es of the use of the CLUB's parking
lot at the rear of the �;v; o'e•!3 .. �erty, whi is legally described on the attached
Exhibit B 1;"',,rking
and the CLUB wish to amicably resolve and
settle • ispute a • dhow fo s" e use of the Parking Lot Property in a manner
that will ave+3n�e impact on the surrounding area;
WHE
neither Party
and
parties wish to amicably resolve their differences with
or conceding any point of fact, law, liability, or defense;
N I THEREFORE, in consideration of the mutual covenants entered
into bet ren the parties, and in consideration of the benefits to accrue to each, it
is agre d as follows:
1. Recitals.
N
CO
•
_J
SUBSTITUTED
38
e ' 'The above recitals are true and correct, deemed to be findings,
incorporated herein and made a part hereof.
2. Statement of Intent.
and are
With this Agreement, the CITY and the CLUB seek to establish a ny era
in their relationship by ending the litigation that presently exists betwe them
re, ag rdina the use of the Subject Property. Relatedly, the parties seek t.amicably
redirect that energy to promote sensible, appropriate; -t?nd m needed
redevelopment of the Subject Property consistent with 1 ea , s;+'ety, welfare,
and aesthetic interests of the CITY and its residents.
3. Agreement to Modify Design.
The CLUB has prepared the site
Little River Club, Inc.," which is attac ed
Among other things, the Revised Plan prop
CLUB's existing building in o E - •, to provide
Subject Property from NE 79 `` y, The Re
installation of a six (6) foot maso
landscaping along the northern prope
prevent any and all • qe s o . rkin an
Subject Property t..i 81 w
Street, only a si
the Revised Plan
applicatio
Cit Coin
lsslo
tin
A, reem
•eet. There
.nry wall,
rep
to PA
ill
osed R tion Plan
(the "Re :'` ed Plan").
emove a portion of the
driveway access to the
Ian also proposes the
al buffering and lush
a •sect Property, which will Ibl
••')1.r .r`a pedestrian access from the
ate that can open to NE 80
LUB has sought City approval of
of a public hearing "Exception"
XXX) approved at the June 27, 2013
ntitled
xh'
e
no
lication.
"Pr
0
ddi
t
acce • and expeditiously process the public hearing
iled by the CLUB (Application No. XXXXX) seeking
essary continue to use the CLUB's rear parking lot for
conditi¢ns as set forth in this Agreement, the Revised Plan
5. 1 evelopment of Revised Plan.
A r the CITY approves Exception-Aieatien-No. XXXXX, the CLUB
shall the eafter seek the necessary demolition and building permit(s) to develop
the Re ' ised Plan following the expiration of any and all appeal periods without
The
"Exception" ap
the zoning approv
parking purposes
agree
tip li
and the Exception
SUBSTITUTED
any appeal having been taken. The CLUB agrees that under no circumstances
may the Parking Lot Property be used for parking or access purposes until the
development depicted on the Revised Plan has been completed and approved by
the City. The barricades present at the Subject Property preventing vehicul
access onto NE 80 Steet shall not be removed until the six (6) foot masonry all
is built. Nothing herein shall prevent the CLUB from using the ParkiLot
Property for any other legal purpose prior to the development of the I2evis
Plan's improvements. The use of the remainder of the Subject Propert/hall of
be limited by the terms of this Agreement, as long as suc2 e doe not i lude
any parking or pedestrian or vehicular access on or throw ` :0 reet.
6. Dismissal of Pending Appeal
Within ten (10) days of the CIT ap
CLUB shall dismiss the Petition for Writ of
District Court of Appeal under u number 3D
Nos. 11-322AP and 11-406AP) anarties
No. 11-24889 CA 15, with both P
fees. In the event that the CITY does not
XXXXX, the CLUB shall have the o . ti
l
d Litigat
CE2011009o.6;88and CE
Admin
and the
been ma
he CLUB `„f'll
ator's Revoc''="�
ill reinsta
deb in six .`
LO 11
n of
the Ce
foot
7. Am -` • ment'
This Agreeme/t may be amended or released by the
consent of the CITY o'' its City Commission and the CLUB.
.pro
n to
ari pen
45
ill
thei
No XXX, the
ng before the Third
Lower Tribunal Case
with prejudice Case
n costs and attorneys'
Application E ption No.
ntinue to pursue the pending
Code Enforcement Case Nos.
2011????.
further determination under Zoning
ertificate of Use under File ID 11-00645za
ficate of Use once substantial compliance has
asonry wall.
8. Ap . icable Laws and Construction.
written mutual � j
cam
r*i
� n
The la s of he. State of Florida shall govern the validity, performance a
enforcement of this Agreement. This Agreement has been negotiated by t
e-�
r-
rrt
:x
88 :Z kid +t— SO cZOZ
In
0
'7l
m
(a) For purposes of any suit, action, or other proce- ding arising
out of or relating to this Agreement, the Parties hereto do acknow -dge, consent,
and agree that venue therefore is Miami -Dade County, Flo!' 0....
(b) Any civil action or legal propro : arising out of/or
relating to this Agreement shall be brought in the a[ E Ju: '. Circuit in ah.d for
Miami -Dade County, Florida. Each Party irr .anr�. .•i '`1k.N to the personal
jurisdiction of such court in any such civil
. s ' 1a.. a + waives
any objection to the laying of venue of an , jai. �� Ceding in
such court.
10. Estoppel Certificate
on or
civil
I SUBSTITUTED I
223AU.G- i°1 �s
ivE et.
CITY and the CLUB, and the Agreement, including, without limiti iTO -th
Exhibits, shall not be deemed to have been prepared by the CITY or by CL
but by all both Parties equally.
9. Venue and Jurisdiction.
`
bry
legal procea
ction or lega
-is
The CITY and the CLUB s "
uoh,. i • 70 • une to time, upon
not Tess than ten (10) days prior a • . `o1 e. - Pa y hereto, execute,
acknowledge and de Ai 4t • the oth rf1° •rty, a 3 :temen in recordable form
certifying that this reem• itr as no modified and i• in full force and effect
(or if there have,° t •�odi i�. 10 :that t s,'d Agreen2 nt as modified is in full
force and effect and Oil • • 103a otatio such mo ifications), and that to the
knowledg o c .. - • Part* ib r I into' f: y other 1344 is then in default hereof
(or if a! ® 'a`",� ii.. hen a: a,- fault hereof, stating he nature and details of such
defa , it being in `ijnko e• t' .i a=. 5/ such staten�}yent delivered pursuant to this
par gr o�;; may be r: ,d up j ` by any prq pective purchaser, mortgagee,
successor,' ignee o :14 mortgage or assignee of the respective interest in
Subject Prop rt, if iel' any Party to this 491greement.
11. C ''`o ete Agreement. Amendments.
(a) This Agreemen and all the terms and provisions contained
herein, in iding without limitation the Exhibits hereto, constitute the full and
cornplet agreement between the Parties hereto to the date hereof with respect to
the m. ers expressly set forth herein, and supersedes and controls over any and
all prior agreements, understandings, representations, correspondence and
stments, whether written or' oral. The rule of contract interpretation known as
ler
it
me an
m
SUBSTITUTED
21123 AU" -14
y
"FICE CF THE
WY OF
ED
PH 2:38
Ci T Y CLEf
h AM1
expressio unius est exclusio alterius shall not be applied when interpreting thi
Agreement to address matters not expressly identified within this Agreement.
(b) Any provision of this Agreement shall be read and . • plied
in pari materia with all other provisions hereof.
(c) This Agreement cannot be changed or revis + except by
written amendment signed by both Parties hereto or otherwise p= mitted herein
without the express consent of the City Commission.
12.
Captions.
The article and section headings and
table of contents preca,ding this Agreemen
only and in no way define, limit, describe
any part thereof, or in any way affect this
section, subsection, paragraph or provision here
13. Holidays.
It is hereby agreed and decla
under the terms of thi ment is t
or on a legal holi
following busine
14.....,_> .Exhibits.
oft is
if not ph
Agreement a
n' o his s _ eement and the
Fre for .•nveniennd reference
,cope •` intent of thi ment or
t{v e4plm° or constru ny article,
ade or
TY,its
a notice or perfor ance
en on a Saturday or unday
all be postponed to the next
o7f�o eea.ttached to this Agreement is an essential part
xhib'e and any amendments or r,�visions thereto, even
hereto, shall be treated as i they are part of this
d herein.
15. P. 'urpose.
i
The ' ITY and the CLUB acknowledge . nd agree that this Agreement
satisfies, f fills and is pursuant to and for a p •lic and municipal purpose and is
in the pu.lic interest, and is a proper exercise of the CITY's power and authority.
16. No General Obligation.
SUBSTITUTED
2323 AUG —4
F iC CITY
E
CI T i OF
0
ri 2:2s
CITY r'3t'
MI AMI
In no event shall any obligation of the CITY under this Agreement be or
constitute a general obligation or indebtedness of the CITY, a pledge of the ad
valorem taxing power of the CITY, the lending of credit, or a general obligation
or indebtedness of the CITY within the meaning of the Constitution of the State o
Florida or any other applicable laws.
17. Approvals Not Unreasonably Withheld.
The CITY agrees that all approvals, consents
applications and permits necessary to develop the Re
with the provisions of this Agreement will be re,
possible, in good faith, and will not be arbitrarily
paragraph relates solely to the legislative, min
or actions of the CITY and dots not rcla
action.
18. Preservation of Rights.
c,nrea-
.• r adm
to any quasi
d revie s of the
an i accordance
as e editiously as
withheld. This
ative pprovals
proval or
The CITY and the CLU: +�®)u:ar ackno d;:ald .gree that certain
provisions of this Agreement will re �r=` irt_ and o Is . •ards, departments
or agencies, acting in their governsSider governmental
action as set forth her F e CITY a " = CL �� "ackno ledge and agree that
all such actions ui e -take {� the CIT all be undertal n in strict accordance
with establishelaws of t e State of Florida and
CITY ordinances or i �e:.t uses �oth� his e Agre ment or the CITY, or the
CLUB's a -tiY®, a e� issio
to way invt, a® o.'r,
discs., e of its po wf .
power.
of the g
erewith shal}/be deemed in any manner
se affect the au hority of the CITY in the
ental power exessly including the zoning
19. crivene r rrors; Survey Corrections.
In the even due to scrivener's e fors contained herein or any Exhibit
attached hereto or other agreement co templated hereby, or due to changes
resulting from tec. -ical matters arising ring the term of this Agreement, the
CITY and the C UB agree that amend ents to this Agreement required due to
such inaccurac'-s, unforeseen events o circumstances which do not change the
substance of his Agreement may be made and incorporated herein. The City
Manager i authorized to approve ch technical amendments on behalf of the
CITY, a' d is authorized to exec ite any required instruments, to make and
SUBSTITUTED
incorporate such amendment to this Agreement or any Exhibit attached hereto or
any other agreement contemplated hereby.
20. Notices.
The parties designate the following persons as representatives to receive
any notices with regard to this Agreement:
For the CITY:
With a copy to:
For the CLUB:
With a co
and certi
'ling of wri
&el�, ail return
noti
ceipt,
Johnny Martinez
City Manager
City Hall, C it o,f!tn i
3500 Pan Am
Miami, F
Juli-�.. City ., torney
Office o e Attorn
City of MI:
444 SW 2nd u ite 945
i, Florida
XXXXXX
Ben
Berco
Mimi,
b me
all co
21. cesss in tcrest
z, Esq.
ell & Fernandez, P.A.
cayne Boulevard, Suite 850
lorida 33131
s of U.S. Postal Service, regular mail
nstitute prima facie evidence of delivery.
Thesei-s ob'1'igatio . and Benefits of this Agreement shall inure to all
successors in interests t• the par es to this Agreement.
22. Effe ive Dat
This Ag - ement sly.11 become effective upon the approval of execution by
each Party's a."horized r presentative.
SUBSTITUTED
£ ' **
fir' Yi $
G
ED
7 23 AUG -4 PM 2: 39
„FI� , �` :` CITY Caw'''
�1
CITY OF MIAMI 23. Force Majeure.
In the event that either Party hereto is prevented from fully and t' ely
performing any of its obligations hereunder due to acts of God, strikes and/or
lock -outs, other industrial disturbances, acts of the public enemy, laws, ules and
regulations of governmental authorities, wars or warlike action (whe er actual,
impending or expected, and whether de jure or de facto), arrest or • er restraint
of government (civil or military), blockades, insurrections, acts if terrorists or
vandals, riots, epidemics, landslides, sinkholes, lightni f . ricanes, storms,
floods, washouts, fire or other casualty, condem on, earthquake, civil
commotion, explosion, breakage or accident to es p o 4 • or machinery, any
interruption of utilities, confiscation or seizure 0,Wf any : "oh ernment or public
authority, nuclear reaction or radiation, rad. i ont. •..tion, accidei
repairs or other matter or condition beyond ,.b reaso : .le contiAio. either P rty
(collectively called "Force Majeure", fiQkii<:'al in. o; lity to per ,q'- h reby
• e�.
expressly excluded), such Party shall be re ' \ •• •• rk lie duty to ve for such
obligation until such time as the Force Majeure + ;i,:een alleviated; provi:cd, that
upon the removal of the Force '+,4.'eure, the ob 100,. on prevented from being
fulfilled will be automatically re ei,S• 'ithout •e . ssity of ny notice
whatsoever.
24. No Thir Party Benef
Nothing ,
confer any rights
persons
execut
Not
liabilit
provision
action over
0
othe
in this A
any th
any
in
0
n th I®
f rep •ete i
gr 0nn • 1 ;to
ird:,
th•l ju
xpress or imp ed, is intended to
reason of thi Agreement on any
and their respective administrators,
tatives, heirs, successors and permitted assigns.
tied to relieve or discharge the obligation or
sons • any Party to this,r/Agreement, nor shall any
erson's legal standing o,P any right of subrogation or
arty to this Agreemen
whet
der or
25. ionship of the Parties.
1'
The arties hereto acknowledge t at they are separate and independent
entities al • nothing contained herein sh 11 be deemed to create a joint venture,
associat•n, partnership, agency or e loyment relationship between the two.
Neith- Party shall have the power tact in the name of, on behalf of, or incur
obli� tions binding upon the other P ty, Neither Party shall acquire an interest in
th business or operations of the otter by virtue of this Agreement. Furthermore,
I SUBSTITUTED I
neither Party endorses or warrants the activities of the other or their busines
business practices, projects, products, services or other activities.
26. Time is of the Essence.
Time is of the essence for each and every provision of this Agr ment.
27. Further Assurances.
The Parties agree to execute and deliver f
documents, and to perform all actions that may be
completely carry out the intended effect of this
limited to, defending the Agreement from legal
28. Construction.
The language used in this Agreement
chosen by all of the Parties to e,yDess their
construction shall be applied aga 'ar r
state, local, or foreign statute or law
regulations promulgated thereunder,
29. J
With respect
law or in -g ! A
transac
crea
tria s is
hereby it
otherwise) r
counterpart or a
waiver of the of
any oral repre
provision. E
provision.
rty. A
erred al
e to time suchh
to effectively Jid
including but/not
hallenge./
i.
deemed to be/the language
tent, and nQ' rule of strict
fe.-nceAo any federal,
refer to all rules and
otherwise.
�t o
qu ire
terclaim, r proceeding, whether at
cerns or relates to this Agreement, any
under, the performance hereof or the relationship
a 1411 n contract, tor>f, strict liability or otherwise,
conpoetent jurisdiction/and not to a jury. Each Party
any right (statutory,'constitutional, common law or
o a trial by jury.ny. Party may file an original
:o,� • his Agreement with ny court as written evidence of the
'ff- -ties' right to trial by • ry. No Party has made or relied upon
en 3tions by any other Pa y regarding the enforceability of this
eh Party has read and u erstands the effect of this jury waiver
hick iy •i' ol';reYt
Aar® .ted
{Balance o 'age Intentionally Left Blank}
Fri
SUBSTITUTED
IN WITNESS THEREOF, the Parties hereto have caused the execution
of this Agreement by their duly authorized officials as of the day and year first
written above.
Signed, sealed and delivered in the presence of:
Witness
Print Name:
Witness
Print Name:
ATTEST:
0,13
I
SUBSTITUTED
APPROVED AS TO
PLANNING CRITERIA
By:
Francisco Garcia,
Director Planning and Zoning
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
Julie 0 Bru, City Attorney
Approved by the City Commission o
By:
Johnny Martin
By:
Todd B.
f Resolution
SUBSTITUTED
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this d. of,
2013, by , the of the Little River Club, nc., wh¢ is
r
personally known to me, or who has produced 1 as
identification who did/ not take an oath.
Notary Seal
STATE OF FLORIDA
COUNTY OF MIAMI-DARE
The foregoing
2013, by Johnny M
personally known
identification wh
to
Notary Public, State of o
Print Name:
Date:
My Com
sion E.,•ires:
was K wledget'".efore me this day of ,
gager +f the City of Miami, who is
ced as
a
Notary ublic, State of Florida
Print ame:
D e:
y Commission Expires:
z