HomeMy WebLinkAboutSubmittal-Ben Fernandez-Settlement Agreement-Palm Grove Homeowner's Association1 L 3e
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SETTLEMENT AGREEMENT
This settlement agreement ("Settlement Agreement") is entered into on this 26th day of
February, 2014, by and between The Cushman School ("Cushman"), and Palm Grove
Homeowners Association (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, most of whom own land and
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.Cuslunan
directly or indirectly against the Association or any claim or defense that has been, could have
been or could be asserted by the Associations 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 shall be described on the proposed Replat 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.
nay,
ifiery, 1- 88 rce
c. Cushman shall work with the Association towards the funding of welcome signage for
the Palm Grove Neighborhood and shall contribute a total of twenty thousand dollars
($20,000) towards the acquisition and installation of the signage. The payment shall be
made in installments with the initial payment of ten thousand dollars ($10,000) being due
upon the approval of the right of way vacation and the expiration of the applicable appeal
period, with no appeals being taken. A five thousand dollar additional payment shall be
due on September 1, 2015 and the final five thousand ($5,000) payment will be due on
September 1, 2016. Cushman shall not be responsible for obtaining any historic
preservation board or permitting approvals for the signage that may be required.
d. Cushman shall make the ingress and egress easement area described on the Replat
available to the Palm Grove Neighborhood Association for historic tours, upon request,
during non -school hours.
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 bearing
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 applications.
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 fluffier documents and instruments as may be
reasonably necessary to effectuate the purposes of this Agreement.
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
Submitted into the public
record in connection with
2 item P2.1 on 02/27/14
City Clerk
provision of this Agreement, notwithstanding that certain sections are identified as creating
obligations for specific parties.
8. 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 Miami -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 Palm Grove
Homeowners 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
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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 26th day of February, 2014.
[SIGNATURES APPEAR ON NEXT PAGE]
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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:
,,,Taineelle, Abe
—4/2144/4
Print Narne:Shenirm 7.99/5
STATE OF FLORIDA
)SS
COUNTY OF MICIII-DADE
The Cushman School
Arvi Balseiro, Head of School
The foregoing instrument was acknowledged before me by Arvi Balseiro, the Head of
The Cushman School, on behalf of the school. She is personally known to me or CI has
produced as identification.
Witness my signature and official seal this al day of February, 2014, in the
County and State aforesaid.
My Commission Expires:
Notary Public
Print Name
tate of Florida
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 NainebLe( ee. A) el SON
STATE OF 14LORIDA
)SS
COUNTY OF MIAMI-DADE
Palm Grove HomeownersAssociation
bert J. Power President
The foregoing instrument was acknowledged before me by Robert J. Powers, the
President of Palm Grove Homeowners Association, on behalf of the association. He/She is jitr
personally known to me or 0 has produced , as identification.
Witness my signature and official seal this .9:1 day of February, 2014, in the
County and State aforesaid.
My Commission Expires:
otary Public State of Florida
Rudnick
y Commiuion EE $eam
plots 12/26/2015
6
lic State of Florida
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:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
Palm Grove HomeownersAssociation
Michael Loveland, Vice President
The foregoing instrument was acknowledged before me by Michael Loveland, the Vice
President of Palm Grove Homeowners Association, on behalf of the association. He/She is 0
personally known to me or 0 has produced , as identification.
Witness my signature and official seal this day of February, 2014, in the
County and State aforesaid.
Notary Public State of Florida
My Commission Expires: Print Name
7
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:
Palm Grove HomeownersAssociation
Mario Castillo, Director
DA/4i et41-1/1/2/.ZV
Print Name: kikkl' /eel? tZ9:28
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by Mario Castillo, the Director
of Palm Grove Homeowners Association, on behalf of the association. lie/She is U personally
known to me or has produced (Av.-ems tt(o•—c-e, , as identification.
Witness my signature and official seal this .)-1. day of February, 2014, in the
County and State aforesaid.
My Commission Expires:
Notary Public State of Florida
s\-.1,/k6.A
Print Name
8
Submitted into the public
record in connection with
item PZ.1 on 02/27/14
City Clerk
Exhibit A
SKETCH TO ACCOMPANLY LEGAL DESCRIPTION:
Mit rIoNt21' sir Ili IA It *Ii.)1A1.1SITIP Sorg,. iiAsic.F. F
IV htiA0,41„ IN-41111K TVIS T. TY TA
NI- I r€ ii VISIOI: OF I F VON CI
st ST.
11,
.07 7-1 OM .15.1N4 8 , SC 1-
,'L B. Li,
.7.1T, OF
I11.AN SCIEL
1
N.E. 60th ST
(2)
Er
ST.
7HE ATTACHED LEGA; DESCRIPTION IS THE SANIt AS NE it DESCRIPTIONS SFT FORTH IN FIRST ANIERICANT1TLE POSICI3 NO.
:011412 -UO48131. AND NO. '411412 00 ,A1SZE, LEM AND EXCEPT THOSE PROVE/115ES, OWNED BY THE CUSHIJAN ,SCH001. INC ,
A FLORIDA NUT FDR PROFIT CORPORATION, THAT AAUT f GI ST srRrn, BETWEEN BISCAYNE BOULEVARD APO NE STH
11.41ANII.R. 3313/
CERTIF IED ro.
1,,EauslilAki4 3;.:1 CC., ,C 4 fLORIA CQMPC,F7A-11;44
Z CLOD I 4 ruTtlBERG. F40 A "'Orr*Cv LAY
BATE. 37{11 11
1,4 13.1101'4 1,93,11VPRY 51.4147. e
T lin4rf C C ar'4$ TII(S SAVE1
51,41,4 11E+R 4.1111D SC41. cgr-li
Art 57114 PRO r3C1/AL SURVEYOR
iQ 11,1FIR
VALC, WUNCIji
-5ANIT -0 44) DCMINGLE2
DATE- 06-24- L3
scAtz = 151Y
JOB ORDER 135E187
CADD CUSHMAN COVER,.
DRAWN SY. A.P.
FO/P6, N,tA
FILE PO. 1293
SHEET, 1 OF 4
SOUTH PENINSULA SURVEYING, CORP.
L FT No 7583
1
LAND DEVELOPMENT CONSULTANTS
SURVEYORS PLANNERS 41
CONSTRUCTION LAYOUT
I ?go N 16401S1RE ET SUITE 105
NORTH MIAMI BEACH, FLORIDA 321112
(3E15)6V-9191 - (F.) (305) 1..c4.17TTA 7 MAIt S)tiTHPENiNSULtvaGMAILCor.i
9
Submitted into the public
record in connection with
item PZ.1 on 02/27/14
City Clerk
17.
;7-
LEGAL DESCRIPTION:
THE LAND REFEPRED TO HEREIN RELOW IS SITUATE) IN THE COUNTY OFI4darill-Dade, STATE DF FL, AND 15"
DESCRIBED AS FOLLOWS:
A portion of Section 18, Township 53 South, Range 42 East, all lying and tang ri Mlaml-Dade County, 'Ronda;
being more paniculady described as follows to wit:
Begin at point N8.00 feet South and 556.00 feet West of the Southeast corner of the Northscest 1.sic-otairter of
.5action ID; Ihonce run Soulh 60 feet; thence run Wff.1 RD feel In a Mil; thence run North 60 feel to a point;
thence run East 120 feet to the Point of Beginning; LESS AND EXCEPT, nowever, a small trac r.of land at the
Southwesterly corner of lilt Tract herein deed heretofore conveyed to the City of Miami for street purposes,
Sad Traci bean: at the laytheasterly intersection of Northeast 60th Street and Northeirt 51h Avenue In the City ol
miami, Florida. Said small tract of land IrKsni-out above is more particularly descntied as follows:
Be9innin9 at a pi v158.00 feet South of and 676,00 feet West from trio Northeast corner of the Sactinvest
(if le -quarter or Section 18, Township 53 Smith, Range 47 East, sold point being If* Sootheas1 comer of the second
mentioned hard of land mnyeyed by EL Eaten to Eilmbeth 1. Eaton on August 12, 1926, and rercsded in Derci
Boak 995, Pa9e101, Pf the Public Records or MiamH)ade County, Florida; theme East along the South Gne of said
second mtntiotted rre of land conveyed to Eleabeth T Eaton, said line being parallel to and 458.00 reel Sat.th of
the North Ilene d the satf Soutnwe.st one owner of Section 18, a distance of 24,87 feet. more or to point of
curveq thence rvorthwte.terly eking the art or taiventiai curve to Ile Id loving rectru5 of 2O0fett,teotral
angle of 119 degrees 42 minutes 26 semi dt,, a distance of 39.11 feet tiu.ve or iet5, to a point of tangent on the
West line of said second mentioned tract ad iveyed to Ellranetti T Eaton; thence South along said +•tit line aerate!
lo and 676.00 14..i4 West uf the East lhre uf said Southwest isle -quarter uf Section IR, a distance cl 74.87 feet,
more or less to the Point of Beginnsig,
ANO
Beginning at a point of 324.67 Fee South, and 556 feet West of Vie Southeast comer of the NOCUltveSt one -quarter
of Section 18, Township 53 South, Range 42 East: thence South 73.33 fot; therre West 120 feet: hence North
73.33 feet; thence East 120 feet to the Port or Beginning.
AND
Beginning 259 feet South of and 556 feet West 01 the Southeast corner of the Northweet quarter of Section lit,
Township S3 South, Range 47 East, thence West 120 lett, theme South 61 Find one-thed feet, thence Eao 120
feet; thence North 63 and one third foot to the Pont of Beginning; all hong and being in Komi Daoe County,
Flor
(CONTUWE)
q
F-
FILE N . 1293
2 OF -I
SOUTH PENINSULA, SURVEYING CORP.
LB Ncv 7583
LAND DEVELOPMENT CONSULTANTS
SURVEYORS - PLANNERS
CONSTRUCTION LAYOUT
irviaNe 164th 9Tf;MCI, SUITE 105
NORTH mem,/E4l. l_OFTIOA '31(52
i'141 EllS7-9191 - rri 1305) 354-88137 SOUTHPENIfska Air.l.fmt
10
Submitted into the public
record in connection with
item PZ.1 on 02/27/14
City Clerk
LEGAL DESCRIPTION;
AND
Begin Di a point 258 feet South arrJ 196 feet Yea of the Southeast coiner of the 'Nest one- qvirtu of Secuen
iS, rownslilp 53 Soidh, Range. 42 East for oche iiBL-vnning; fhtrwx West parallei to the smith lho of vial
Northwest one -quarter a distapoa fee:" theme Sou*. parallel to tl-e East line of the 41o.thwert ene-o...artia nf
said Seaton 1E, a distance or 200 feet; LIWIce East wrallelrotne Soon One of said Northwwt one qww, a
distance of 60 liNt; thence KWh parallel to the East line rif saij SouthweEt ale -waiter a distance of 200 feel to the
Point of Beginning, lying and being In fliarni•Dode County, Florida.
MO
these certain tracts or parcels of land Stale fn the NorUiMune-quieler tile Nurtheast of le-q aortal of LIR
Southwest one-cluarter of Section 18, Ttwoisl* 53 South, Range 42 East, particularly clesmbed lolbets, to wit:
Commencing at a point 158 feet South and 446 feel Weid of the Southeast corner rl the rJorthisEst one-quail-4x of
%lion 113, Township 53 South, Range 42 East, and 1141 SOLO IOD feet; thence West 50 Net; theme North 100 reel;
thence East 50 Feet to Point of Beginning.
AND
Commencing al a point 258 Feet Sman, and 446 fief W.t nf the Southeast corner uf the Northwest x*wtrf
Section 18, TOMIShid 53 South, Range 42 Ensl, arid run South 100 Feer, thence West 50 feel; thesire North 100 teal,
theme East 50 fed. W Point at Seginiang,
AND
All cl Lots 0, 9, le AND 11, rs Block 3 of "MAP OF KAYSHORE", etracing to the Plat thereof, as seuxt6d at Pla1 Soak
5, Page 116, ot the Public Records of Miami -Dacia County, Florida.
AND
All of I-DiS 1, 2,3,4,5,6 and 7, in Block 'Fof "Revised Plat Showing Blocks 4 8 6, Tracts CT&E6A SHORE",
according to the Plot Ihttreol, os Fen:woe-a n Piot Book 9, Page 60, oi the Public Records of Miami -Dade Gourity,
Florida
Said tools situated In the Ctry of Miami Miarrit-Dode C.citaxy, Florida.
AND
LotS 1 Uvough 6, isrh islet., of Pluck 4, of REVISED PLAT SHOWING 81.00(51 eit 6, -MAUS CR E DFRAV9IORE,
aeooroing to ire Plat thereof, recorded In Plat book 9. al Page b0, of the Puhtic Records of Mlami-Dade County,
Florida.
z
SHott- r NCT
DATE: 05-24 13
SCALE NIA
_108 ORDEFi 05687
cADD Cd.RIMAN
DRAWN BY: A.P.
PG, N/A
FILE NO. 1293
SHEET 3 OF 4
SOUTH PENINSULA SURVEYING, CORP.
LB Nilo. 7583
LAND DEVELOPMENT CONSULTANTS
SURVEYORS - PLANNERS
CONSTRUCTION LAYOUT
1(9NE Math SI REV. 51.1rf E I(1b
poornii K4IAIM EIE_AH Ft ()WM ::+31g7
ir) (305,1 6117-9 Ig I - 'F1(3)5) 354.88137 SOUTFIPENirtistft.AgiGNIAll COP
11
Submitted into the public
record in connection with
item PZ.1 on 02/27/14
City Clerk
LEGAL DESCRIPTION:
AND
Beginning Z58 leer South ol the Southeast comer of NorthweA one otuuter 01 Seaton IR, Totvitship 53 South. RBOV-
12 East; thence run West 416 feet to a Starting Point; theme Smith 200 leet; thence West 30 feet; thence North 200
feet; toince East 30 feet to the POINet Cl BEGINNTNG.
AND
CeittleilenCe et tha toloseLlifin of the Dry nr Miarnl monument �n of N.E. fist 5 imt with NJ_ 5,#i Avenue', thence
duo South, along the City of Miami monument Pne of H.E. Sth Sweat, i dtUance or 142..01 fear, thence solidi
RP36'56" East, a distance r4 39_130 feet ID tie Southwest corner of Lot 29 of *WIIITP5 LEMON crrr, atseudirg In
the Plat theme?. as recardcn in Plat Book "IV, Page 32 nt t POW Records of Plfil-D3W eDunty, Nora; thence
true South t9°3656" East, along the South Moe of said Lot 29 and im Easterly extersicri, a distance of 243. L3
feet to the liortmetst coiner uf Lot 2 of 'BAY SI IORE REV15ID", acccianirin to the Plat thereg. ats 'molded In PHI
11.-sok 9, Page 60 of the Pubrtc Records of Morni-Dace County, flonds; thence 00uU3'50*Wmt. a aiSlanCai
;son.co feet to tie Northc:ast comer of Northeast NOM Street rigfit-of-wav, at its point or terninatxr al the West line
of Lot 1 of said Plat of 'BAY SHORE PEV1ISF.0.' and tho Point nf Piogiuurv; thrive conlroue South 110‘13350" West,
along the West in e of tot 1 of iota 'BAY SHORE REVISiV Plat ano Its 501J0'erly a4e:115cm, 3 donne DI 313.76 feet
to a point rin the South tighl-of-ney line of NI 60 Street; thence North 89"35'36" Wet, u detatce ol 2:8,97
feet to a ooint al the East nght-of-nao tine of NottreaLl Sth Avenue; thencn North II° 3411:1" West, a distance of
54,40 feet In 3 mini on the arc Of a cliculiu curve amcwv o the Noititara, having a radius of 25.W feel and e rattier
bearing of Snuth 6-1°S125' West; theme Sortheasterly mid Easteity, trough a renhal ciaglr.,. of 64'2575, an am
distance of 28 12 tee* to a goon% on the Multi right-otwav Ma of said Northeast /iOtti Street and a Wilt of tangency;
ihena! svnh 09'3500" West, akug said Notrght-uf-way hoe, a chsta-ica of 219,41 feet to toe Polo! ct 13e.c.poiltuy
Said land situates] in the City of Miami, Miarri-Dade rouray, Rorkla,
NO I E:
PARCELS 1 TROUGH 7, 10 AND 1 r ARE THE SAME AS TRACT "A•oF CUSHMAN
SCHOOL AS RECORDED IN PLAT BOOK ?BO, PG36 OF THE P(JRI IC RECORDS OF
'army-DADE COuNTr. FLORIDA.
cJ
a
DATE 0EI-2 4- 1-3
SCALE_
N/A
JOB ORDER 135B87
CADD. CUSHMAN COVER
DRAWN BY: A.P.
F B 1 PG-. NIA
FILE ND: 1293
SHEET 4 OF 4
SOUTH PENINSULA SURVEYING, CORP.
LB No, 7583
LAND DEVELOPMENT CONSULTANTS
SAJRVEYORS • PLANNERS
CONSTR LICTION LAYOUT
Imo N_E 164th STREET, SUITE 1115
WIRT H MIAMI cl EAC I i, rLOIZrA 131E17
(P)1305) 587-9191 - IF) (3051 3.54-41387 SOLJTI-PFAIIN5LILMAGhlAll..nont
12
Submitted into the public
record in connection with
item PZ.1 on 02/27/14
City Clerk