HomeMy WebLinkAboutSubmittal-Ben Fernandez-Settlement Agreement-MiMo Biscayne AssociationSETTLEMENT AGREEMENT
This settlement agreement ("Settlement Agreement") is entered into on this 20th day of
February, 2014, by and between The Cushman School ("Cushman"), and MiMo Biscayne
Association, Inc. (the "Association"). In order to effectuate the terms of this Settlement
Agreement, Cushman and the Association agree as follows:
RECITALS
WHEREAS, Cushman is the owner of certain real property legally described on the
attached Exhibit A in Miami -Dade County, Florida (the "School Property");
WHEREAS, Cushman is processing a request with the City of Miami to vacate a specified
portion of NE 5th Court and NE 60th Street (the "Right-of-way") adjacent to the School Property
and, specifically are processing a right-of-way vacation application and a related subdivision plat
application (the "Replat") in order to formally vacate the Right-of-way;
WHEREAS, the Association is comprised of members, many of whom own land and/or
reside near to the School Property;
WHEREAS, the Associations has raised objections to the right-of-way vacation; and
WHEREAS, Cushman and the Association desire to resolve, settle and dispose of any and
all claims or defenses that have been, could have been, or could be asserted by Cushman directly
or indirectly against the Association or any claim or defense that has been, could have been or
could be asserted by the Association directly or indirectly against Cushman, including, but not
limited to, challenges to any City -issued approvals or permits for the right-of-way vacation or
subdivision plat approval.
NOW, THEREFORE, in consideration of the mutual agreements, undertakings and
representations contained in this Settlement Agreement and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged by the parties hereto, Cushman and
the Association (collectively the "Parties") agree as follows:
The foregoing recitals are true, accurate and correct and are made a material part of this
Settlement Agreement by this reference.
2. The Parties agree as follows:
a. The public right-of-way area to be vacated on the proposed Replat shall be described as an
ingress and egress easement available to City of Miami emergency vehicles at all times.
b, Cushman shall make available to the commercial owners and commercial tenants on
Biscayne Boulevard any approved parking spaces located at the Steam Lab Property,
located at 6200 Biscayne Boulevard, after regular school hours, by lease agreement,
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c. Cushman shall make the ingress and egress easement area described on the Replat available
to the MiMo Association for historic tours upon request during non -school hours.
d. Cushman shall also contribute towards the acquisition and installation of trees for the
Biscayne Boulevard up to ten thousand dollars ($10,000). This contribution will be held
in trust by Cushman and will be disbursed upon the Association providing Cushman with
copies of the necessary permits for the planting of the trees from the City of Miami or the
Florida Department of Transportation, as may be necessary. To the extent that tree planting
permits are not approved or obtained by the Associations, any remaining money held in
trust shall be disbursed after 2 years to the Association for other public enhancements.
e. The Association agrees to support the road vacation application and Replat application.
Support shall consist of the personal appearance of at least one (1) representative of the
Association to express support for the application at the February 27, 2014 public hearing
on the roadway vacation and any other public hearing that may be required. At the request
of Cushman, the Association further agrees to provide a letter of support. The Association
further agrees to not oppose either the right-of-way vacation on the Replat application in
any manner, either directly or indirectly, and will not encourage third parties to oppose the
appl ications.
In the event that the right -of way vacation or the Replat is not approved, or if the approval
of the roadway vacation or Replat is appealed and the appeal is upheld, the Association
agrees that Cushman shall not be obligated to comply with any of the conditions of the
Agreement.
4. The Parties hereto agree that they will take any and all actions and promptly execute,
acknowledge, subscribe and deliver any and all further documents and instruments as may be
reasonably necessary to effectuate the purposes of this Agreement.
5. Each party hereto acknowledges that this Settlement Agreement is a compromise resolution of
disputed claims and agrees that it shall never be treated or used as an admission or evidence of
liability or wrongdoing against any party hereto for any purpose whatsoever; provided,
however, that this Settlement Agreement may be admissible in any action or proceeding to
enforce its terms.
6. Each party represents and warrants as to himself/herself only that he/she has executed this
Settlement Agreement freely and voluntarily after having had an opportunity to consult with
such party's respective attorneys concerning his/her rights and obligations hereunder.
7. This Settlement Agreement shall be deemed drafted by all parties and there shall be no
presumption against any party relating to the drafting of said Settlement Agreement and the
language used herein. The obligations and duties of the parties are as provided for in each
provision of this Agreement, notwithstanding that certain sections are identified as creating
obligations for specific parties.
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Submitted into the public
record in connection with
item PZ.1 on 02/27/14
City Clerk
This Settlement Agreement and its enforcement shall be governed by the laws of the State of
Florida. Exclusive venue for any action or proceeding brought under this Settlement
Agreement shall be in a court of the State of Florida located in Miarni-Dade County,
9, In the event of any dispute hereunder, the prevailing party shall be entitled to an award of costs
and reasonable attorney's fees incurred as a result of the dispute, including suit, pre -suit, and
appellate costs and attorney's fees in any legal, equitable or administrative proceedings relating
to the dispute (including without limitation proceedings to enforce this Settlement Agreement).
10. Each party signing this Settlement Agreement represents and warrants as to himself/herself
that he/she has full and complete legal and binding authority to enter into this Settlement
Agreement.
11. This Settlement Agreement is binding on the Parties and the Parties agree to execute any and
all documents necessary to ratify, confirm, and perform the terms and provisions of this
Settlement Agreement, at Cushman' sole cost and expense. The terms of this Settlement
Agreement shall be binding on, and shall be made binding upon the parties, their legal
representatives, members, constituents, successors, assigns, subsidiaries and affiliates and shall
supersede all prior discussions, negotiations and agreements among the parties concerning
settlement, This Settlement Agreement represents the entire agreement of the parties and shall
not be modified except by a writing signed by all of the parties.
12. Notices shall be sent via Certified Mail, Hand Delivery or Federal Express as follows:
If to Cushman:
With a copy to:
If to Mimo Biscayne
Boulevard Assoc.:
With a copy to:
Arvi Balseiro, Head of School
The Cushman School
592 NE 60th Street
Miami, FL 33137
Ben Fernandez, Esq.
Bercow Radell & Fernandez, P.A.
200 South Biscayne Boulevard
Suite 850
Miami, Florida 33131
Barbara B. Gimenez, Registered Agent
MiMo Biscayne Association, Inc.
7100 Biscayne Blvd., 2"d Floor
Miami, FL 33138
Nany Liebman, President
MiMo Biscayne Association, Inc.
9 Island Avenue, Unit 409
Miami Beach, FL 33139
Submitted into the public
record in connection with
item PZ.1 on 02/27/14
City Clerk
13. This Settlement Agreement may be executed in counterpart originals with the same force and
effect as if fully and simultaneously executed as a single original document, A facsimile copy
of this Settlement Agreement and any signatures thereon shall be considered for all purposes
as originals.
14. Each party agrees to execute, acknowledge, and deliver such further certificates, instruments
and documents, and to do all such other acts and things, as may be required by law or may be
reasonably necessary or advisable to carry out the intent and purpose of this Settlement
Agreement.
15. This Settlement Agreement shall not confer any rights or remedies upon any individual,
partnership, corporation, association, joint stock company, trust, joint venture,
unincorporated organization, or a governmental entity (or any department, agency, or
political subdivision thereof) other than the Parties hereto and their respective successors and
permitted assigns.
DATED this 20' day of February, 2014.
[SIGNATURES APPEAR ON NEXT PAGE]
4
Submitted into the public
record in connection with
item PZ.1 on 02/27/14
City Clerk
IN WITNESS WHEREOF, the parties have caused this Settlement Agreement to be duly
entered into and signed as of the date set forth above.
WITNESSES:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
The Cushman S
Arvi Balseiro, Head of School
The foregoing instrument was acknowledge
Cushman School, on behalf of the school. She is
, as identification.
Witness my signature and official seal this
County and State aforesaid.
My Commission Expires:
5
before me by Arvi Balseiro, the Head of The
•ersonally known to me or CI has produced _
day of February, 2014, in the
Submitted into the public
record in connection with
item PZ.1 on 02/27/14
City Clerk
IN WITNESS WHEREOF, the parties have caused this Settlement Agreement to be duly
entered into and signed as of the date set forth above.
WITNESSES:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MiMo Biscayne Association
The fore ping instrument was acknowledged before me by ikC2 1,1 LieL44af4 , the
of MiMi Biscayne Association, on beh1f of the association.
He/She is Ll personally known to me or has produced 7: L.# L 5 - -0 as
identification.
Witness my signature and official seal this I q-I4 ay, of-Febru , 2014, in the
County and State aforesaid.
My Commission Expires:
ERICA M. QUINTANA
COMMISSION #51123853
EXPIRES; ADO 21, 2015
fed thratoti 1st Ms Insurencs
Print Name
6
Submitted into the public
record in connection with
item PZ.1 on 02/27/14
City Clerk
ST.
,3•21 1 20 :
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Exhibit A
SKETCH. TO ACCOMPANY LEGAL DESCRIPTION
P, ts0 IX t$ eisweis,Le; s 3 se A "i ,ZAARA 4', I AS:
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THE ATTACHED LEGAL. DESCRIPTION IS THE SAME AS THE LEGAL DCSCRIPTIONS SET FORTH IN FIRST AMESuCAN Tra PCX/CtS NO.
.5011.412-0061332ECANO NO. SOII412 0045152E. LISS AND ExCI PT THOSE PROIJERTe/S, OWNED BY THE LUSepAsAN ST si(X)L4N0
' NORMA NOT FOR PROM CORPORATION, THAT ABUT N. E. 6IST sTsk-r, EiCTWEIN PaSeASTIE BOULEVARD AND NT sin,
AvtilUE, MIAMI, EL 33}.37
CERTIFIED TC).
Tpit C.LAP4INAAI SCINOOL LAC A T ,ORLOA CORPORATION
2 (UDA,TtL'alKPO A*AD/ssecr AT LAW
DAIL. C17-0 13
roe es reo;• DOLINIVAY stoves?
Ay,TriEN'T,i. CONTI, 01 suRvEr
544A1L REAP THE RA,110 6,LN. or
A rrEZ /MG f'Re.,C52,0Oraki SuRYTYCICT
GO DOMINGUEZ
a
OLJTh PENINSULA SURVEY' G, CORP.
No. 75I1L3
LAND DEVELOPMENT CONSULTANTS
81/RVEVORIS PLANNERS
CONSTRUCTION LAYOUT
1702 Nf. 104tn STREET . StNTE �A
NORTH xesAssir NVAArs-e. riszspercsA 3s1st2
1 (0) x54-ESEJR1 se -All : SO4flHIPENNAP3U - AR_
7
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2.)
Submitted into the public
record in connection with
item PZ.1 on 02/27/14
City Clerk
LEGAL DESCRIPTION:
THE i AM) REFfellE0 TO HEWN BE1 OW IS SITUATED IN THE COUNTY OF Miami -Dade, STATE OF FL, AND IS
DESC8i8k0 AS VOLUrAIS
A portlon Of Section 18, TOsenahip 53 WA, Range 42 Ern; 011 lying anti being in Miami -Dade County, Florida;
being more particularly described iss follows, to wit:
Begin at pot 398.00 leer Sccah and S56.00 feet West of the Southeast comer of the laorttevest onegtevter of
Section 18, theme run South 60 feet, theru run West 120 feel tu a paint; thence run North 60 feet to pent;
thence run 'East 120 feet to the Point of Beginning; LESS AM) EXOEV1, echeever, a sm.' had cc lane ei the
Southwesterly teener Of the Tract herein deserted haretticre COnvetvd 110 Me CAY Of Karol for street PurPoSes,
said Tract bOot," at the Northeasterly intersection al Northeast bOth Street and Ncrtheast 5th Avenue In the Oty of
Miami, Florida, Said small tract of land lesseo-out abow Is more particularly clesabed as follows;
Beginning at a point 458.00 feet South of and 676.00 feet West from the Northeast corner of trie Soirees*
one -quartet of Secure 15, Township 53 South, Range 1? E. said point being the Southeast airr of the second
mentioned tract of land ariveyed by E.L. Eaton to Elizabeth T. Eats on August 12, 1926, end remelted in Deed
Book 995, Page 101, of the Public Records al Warta -Dade County, Florida; the East dicey the South line of said
second inentiorea tract of land oanveyed to Eltrabeth T. Eaton, said knebeing parallel to enci 458.00 feet South of
the North here tzl the Said Sartre/est one iterter of &tette 18, e distance of 24,B7 feet, mote or less, to a point of
cieve, thence Northweereey elong the arc ef a tengentiel curve to the eght haying a radius of 25.0o Feet., a central
angle of 99 degrees 42 minutes 2b seconds„ a distance of 39,14 feet, more or less, to a point of tangent on the
West here of sad seer mentiened tract creveyed to Eltabeth T Eaton; thence Scum atom cold West Ina parallel
lo ere! 676.00 feet West of the East tire 0( said Southwest orte-quarte01 Sertbn 18, a distance cf 24,87 feet,
more or ie_s5 to the Pent of Begnineg,
AND
Beginning at a pee of 324,67 feet Seuth, and 556 feel West Of the Southeast comer Of the Northwest one -quarter
Secbon LB. Township 53 Scruth, Ranee 42 lit thence South 73.33 feet; thence West 120 feet; thence Notth
73.33 feet; thence East 120 feet to the Port d Beginning.
AND
Beginning 25e feet South or and 556 feet Wrest of the Southeast corner of trie Northwest quarter of Swim 18,
To...Instep 53 South, Range 42 Fast, thence West 120 heet, thence South 63 and one-third feet; thence East 170
feet; Melee North 63 anct one third feel tO tree Point of Beginning; ail !yang and being In Meech -Dade County,
Florida,
4CONTINUE
DATE 06-24-13
$C.A4,E NIA
.1013 ORDE,R 1351382
DRAWN BY: A.P.
F8JPG. NIA
FILE NO: 1293
SHEET 2 OF 4
SOUTH PENINSULA SURVEYING, CORP.
LO fr.to 7583
LAND DEVELOPMENT CONSULTANTS
SURVEYORS - PLANNERS
CONSTRUCTION LAYOUT
1 Mg N 16411% 0-11P,±c 1, SUMP 105
/4(1.17,1 IALI1J-1113racm. Popgun). nrsieo
(P)(306{ e47-ete (sciS) ssweeer .-Asee SeuTtereenereuirrierei
Submitted into the public
record in connection with
item PZ.1 on 02/27/14
City Clerk
LEGAL PT1ON:
AND
Begin at a poet 258 feet South and 496 feet West of Me Southeast ccrnes of the Naltivest one quartet of Sefton
18, Township 51 South, Range 42 East fora Point ce Beginnkel theme West par -shut to the Smith Idle of said
Nretnenest orte-cpstef a chstance of 60 fees; thence South paratiel to the East 6ne ol the Southwest one -quarter of
sad Sittiazn 1E, a distance of 200 feet; thence East parallel ho the Soulit itne or said Northwest one -quarter, a
(PgaliCe Or BO text; thence North parallel to the Fast line of sad Souttvest oneduerter tevishice of 700 feat to the
Point Of Beginning, lying and being hi Miami -Dade County, Florida,
Those cow tram or parcefs of land sxuate In OW Nolltilast cene-tioartaf c( (ne Northeast one -quarter of the
Soutliwast one,quarter bf Section 18, 'Township 53 critith, Range 42 Fet, partinitady described as folkiwa, to wli:
Comtnericing et a point 358 feet South Arid 446 feet West of the Southeast comer at the Northwest one -quarter of
Section 18, Township 59 South, Range 42 East, and run South 100 feet; thence West 50 feet; thence North 100 feet;
thence East 50 fact to Point cl fieginnong.
AND
Commencing er a point 758 feet South, and 446 feet West of the Southeast comer of the Northwest one-quart/5 of
Section le, lowetthip 53 South, Range 42 East, and run South 100 frier; theme West 50 feet: thence North 100 feet,
thence East SO tees to Point or Beginning.
AND
AV of Lets 0, 9, 10 AND 11, in Block 3 " F BAYSHORr, boxrding to the Plat therodf, as
5, Page 116, Ot the Pubbc itetoids of Marra -Daft County, Florida,
AND
All of Lots 1, 2,3,4,5,6 and 7, In Mori 'E' of "
according to the Plat thereof, as recorded in Plat Book 9, P
Florida
Said lends situated in the [Ay of Miami, Mlaml-Dade County, Florida,
locks 4 Et 6, Ttacts C & E of MY SNORE',
the Publk Records of Hierni-Dide Covaty,
AND
Lots I through 6. Ink. of Bkxk 4, of REVISED PLA1 SNOWING BLOCKS 4 & 6, TRACTS C & E CA: BAY 52-fORE
aadrding to de Ptat , recorder! in Hat Book 9, at Page 60, of the Pubic Records of fliarne-Ciade Court.
Florida.
(CONTINUE )
06-24-11
ScALg N/A
ORDeR. 135887
CAOP ..WW•i#V4CPVEI.?
DR6V14 A.P,
FOIPG;Nik
FILE NO,: 1293
SHEET 3 OF 4
SOUTH PENINSULA SURVEYING, CORP.
LB No. 75133
LAND DEVELOPMENT CONSULTANTS
SURVEYORS • PLANNERS
CONS -TEMPO -DON LAYOUT
r int/ N toethw STFTeT; St.PrtIEA:3 105
(P) (305) 8874/11/1 '((15) 3,44AM-41.8(0-Aff.114.441 SOLMIPMINaUl AOCIMAI4 CON
9
Submitted into the public
record in connection with
item PZ.1 on 02/27/14
City Clerk
LEGAL DESCRIPTION:
AND
Beginning 258 feet Sadly of the Southeast comer of Northwest one quarter 0f Sectkil 18, 'township 53 Suuth,
42 East; thence run West 416 feet to a Starting POW; thence South 200 feet; thence west 30 feet: Gents NOrtti 203
tee; thence fast 30 feet to the POPO' Or BEGThinthIC
AND
Commence ai the. intrffsecldo of the Oty of Riarn monument lone. of N.E. 61st Street path N.E. Sth Avenue; thence
due SOutti, along the City of Miami rttontrsent Noe or N,E. St1 Street. a Mance of 02.01 feet; thentESMIi
899656" East, a distance of 39.00 feet to the Sorthwest corner of Lot 7.9 at --WHI ivy LEMON crr aomroling to
the Plat thereof, as recerded in KW Book "8', Page 32 of the Public Records of Moan -Dade County, Florida; thence
continue South E9Q36'$6" East,. along the South ale -of said Lot 29 ane Its Easterly externion, a 'distance of 743.13
feet to the Northirest turner of tot 2 of `TAY SHORE RENTSEEr, according to tax Plat thereof, as recorded rPlat
mok 9, Page 60 of the Public Records ol Miarnr-Oade County, Florida; thence South 00'03'Sd- WeSt, a distance of
700.00 feet to tte Northeact comer of Northeast 60th Street rigni-of-way, at its point of teminaLto at the West tie
of Lot I or said Plat of BAY SHORE REVISEDand the Point of Beginning; theme is. dime South 00°0350' West,
aiong pie west ine of Lot 1 of said "BAY SHORE REVISEV Pies and Its Southeily exlAnsann, a distance of 38.76 feet
to d point on the South right-of-way fine of said NI 60 Street; thence North 89'3516" West, a distence of 228.97
feet to a point on the East right -of -way Tine of Northeast Sth Asenue; thence North-12°34'11r West, a distance cg
S4.40 leek to a pont to the arc of a druiar cum" comave to the Northeast., having a radius cl 251/0 feet and a radial
hewing of South 64517S* West; thence Sortheasterly and Easterfy, throtsti a Leigh& angle of 64*-25'25, en art
chstarxx et 28.12 feet to a pciatt on the North right-of-waef line of said Northeast 600 Street and a point of tangency:
thence North 89"351Xr West, along sad Will right-of-way line, a datance of 219.4] feet to the Point of Beginning.
Said land situated in the Oty of Nhaml, Kern -Dade Canty, Ronda.
2
NOTE:
PARCEL S 1 TROUGH 7, 10 AND / f ARE THE SAME AS TRACT 'A" OF CUSHMAN
SCHOOL .4,9 RECORDED IN PLAT BOOK 106, PG 36 OF THE PUBLIC RECORDS OF
1441AAII-DADE CCX.INTY. FLORIDA
SOUTH PENINSULA SURVEYING, CORP.
LB No. 7583
LAND DEVELOPMENT CONSULTANTS
SURVEYORS - PLANNERS
CONSTRUCTION LAYOUT
IMP li e loath arattei, dune 10
NORTH MIAMI BE.*-4 ptcroocar. 31162
(P) 005107-919i - ft') Mei %a -seen v-kraw. orwrrvarernateuLA.ocuwaw
10
Submitted into the public
record in connection with
item PZ.1 on 02/27/14
City Clerk