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Home My WebLink AboutExhibitSETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into on the day of January 2018 ("Effective Date") by and among EZ 2 RENT MULTI LLC, a Florida limited liability company ("EZ 2 Rent") and CITY OF MIAMI, ("Miami"). The parties to this Agreement are sometimes hereinafter referred to individually as "Party" or collectively as "Parties." RECITALS WHEREAS, EZ 2 Rent initiated a lawsuit in 1 lth Judicial Circuit in and for Miami -Dade County, Florida styled 2017-11629 CA 15, EZ 2 Rent Multi, LLC v. City of Miami, (the "Lawsuit"), concerning certain real property in Miami -Dade County, Florida located at at 610 S.W. 71st Court, Miami, Florida 33144, (the "Property"), WHEREAS, the Parties wish to amicably resolve their potential claims against each other that were brought or could have been brought in the Lawsuit in accordance with the terms memorialized herein; NOW, THEREFORE, the undersigned Parties, in consideration of the mutual promises contained herein and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, agree as follows: 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated into this Agreement. 2. Settlement Terms. In full and final satisfaction of all claims, defenses and demands that were or could have been asserted by the Parties in the Lawsuit, Miami agrees to do the following with respect to the Property: a. Miami will approve the Site Plans for the Property which are attached hereto as Exhibit "A". The approval for the Site Plans will be made within Five (5) days from the execution of this Agreement. b. Miami will expedite any review process associated with the Building Plans for the Property. Building Plans are attached hereto as Exhibit "B". c. EZ 2 Rent will not be responsible for payment of any demolition fees, enforcement costs or any other costs or fees incurred or charged by Miami from the demolition of the Property by Miami. Upon approval of the Site Plans, Building Plans, and completion of final inspection, EZ 2 Rent shall file a Notice of Voluntary Dismissal with Prejudice. 3. Dismissal. Each Party shall bear its own attorney's fees and costs and such will be reflected in the Notice of Voluntary Dismissal with Prejudice. 4. Positions Prior to Agreement. In the event any paragraph to this Agreement is unclear, ambiguous, unlawful, or otherwise not legally binding among the Parties, the Parties shall return to their respective positions prior to this Agreement. 5. Releases. a. By executing this Agreement, EZ 2 Rent (on behalf of itself and its respective heirs, personal representatives, assigns, successors in interest, and/or any affiliated entities) releases and forever discharges Miami and their respective predecessors and successors in interest, respective heirs, personal representatives, assigns, employees, officers, directors, heirs, executors and any affiliated entities, from any and all claims, causes of action (whether accrued or un-accrued) or liabilities, of any kind or nature whatsoever, in law or in equity, whether known or unknown to EZ 2 Rent, existing from the beginning of time through the date of the execution of this Agreement. This release shall not, however, release the parties from their obligations under this Agreement. b. By executing this Agreement, Miami on behalf of itself and its respective heirs, personal representatives, assigns, successors in interest, and/or any affiliated entities) releases and forever discharges EZ 2 Rent and its respective heirs, personal representatives, assigns, successors in interest, and /or affiliated entities from any and all claims, causes of action (whether accrued or un-accrued) or liabilities, of any kind or nature whatsoever, in law or in equity, whether known or unknown to Miami, existing from the beginning of time through the date of the execution of this Settlement Agreement. This release shall not, however, release the parties from their obligations under this Agreement. 6. Authority. The parties to this Agreement represent, and acknowledge that they have the right and authority to execute this Agreement and the releases contained herein. The parties further agree and acknowledge that the consideration received by the parties for the releases in this Agreement is fair, reasonable, sufficient, just and adequate and constitutes lawful consideration supporting the execution of this Agreement. 7. Merger. This Agreement constitutes the entire agreement and understanding between the Parties hereto with respect to the subject matter herein and supersedes and merges all prior oral and written agreements, discussions and understandings among the Parties with respect thereto, and none of the Parties shall be bound by any conditions, inducements or representations other than as expressly provided for herein. 8. Attorneys' Fees. Each party shall bear its own fees and costs in connection with the Complaint, the Lawsuit and this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover attorneys' fees and costs for pre -litigation, litigation, and any appeals. 9. Effective Date. This Agreement shall become effective ("Effective Date") on the date that the last Party signs this Agreement. 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Florida, other than its principles governing conflicts or choice of law. 11. Forum Selection/Jurisdiction. This Agreement has been entered into and performance is due in the State of Florida. Any action to enforce or that otherwise concerns this Agreement shall be litigated exclusively in the courts located in Miami -Dade County, Florida, and the Parties submit to such courts for adjudication of all such actions. 12. Severability. If any clause or provision of this Settlement Agreement and Release is determined to be illegal, invalid, or unenforceable under any present or future law by the final judgment of a court of competent jurisdiction, the remainder of this Settlement Agreement and Release will not be affected thereby. It is the intention of the Parties that if any such provision is held to be illegal, invalid or unenforceable, there will be added in lieu thereof a provision as similar in terms to such provision as is possible and be legal, valid and enforceable. 13. Electronic Signatures/Counterparts. This Agreement may be signed via electronic signature (pdf.) or may be transmitted via facsimile or electronic mail, and simultaneously in counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. (SIGNATURES TO FOLLOW ON NEXT PAGE) IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates set forth below: EZ 2 RENT MULTI LLC, a Florida limited liability company By: Name: Title: Date: CITY OF MIAMI, A Florida Municipal Corporation Attest: Approved: Todd B. Hannon City Clerk Approved as to Form and Correctness: Victoria Mendez City Attorney Daniel J. Alfonso City Manager EXHIBIT "A" PAVER DRIVEWAY L 60.0' 5' SIDEWALK PAVER DRIVEWAY +/_ 10' PARKWAY +/-20' PAVEMENT S.W. 71 CT. O OPTION #4 SITE PLAN SCA Lc 3/16" EXHIBIT A LEGAL DESCRIPTION: ZONING LEGEND: (5,000 Sq. Fth11N. REQ.) FL MIN. REQ.) LOT 4, BLOCK 5, T4M2.A11 GARDENS. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK48, PAGE 191C RECORDS OF Ir114.311-DADE COUNTY, FLORIDr. PROPOSED USE SINGLE FAMILY RESIDENCE ZONING DISTRICT T3R NET LOT AREA.: 6000 SO. FT. PROVIDED LOT WIDTH: 60 FL PROVIDED 150 LOT LOT COVERAGE. ALLOYED AT isIFL00R)- LOT COVERAGE PROVIDED = (AT 1st FLOOR) LOTC'21!1 (E. (M1l4%. ALLONIED AT 2ntl FLOOR) LOT COVERAGE PROVIDED' (AT 2nd FLOOR) 506 X NET LOT AREA=3,000 SQ.FT. 2377.00 SO. FT. (39.61% OF NET LOTAREA). ! _. 7 • MG %NET LOT 4.RE4.-180050.FT. 1.798.22 S0. FT. (29.96°', OF NET LOT AREA). GREENARE5 25%Y. NET LOT hRE4=1,5005Q.FT. (REEK AREA - GREEN AREA'. 2,67350.FT(47.66%OF NET LOT AREA). (PROVIDED), (PROVII)EO). DENS! (ALLOWED) 9 DUI ACRES HIAX: 9 DU 9 0.137 ACRES=1.23 MAX. DENSITY (PROVIDED). 2 UNIT. SETBACKS REQUIRED: REQUIRED PROVIDED FRONT SECONDARY FRONT S1DE REAR 10-0 NIA 5'0"611N.20%OF TOTAL 6'0" BLDNG. HEIGHT ALLOWED'.— BLDNG. HEIGHT PROVIDED. T990 STORIES 825' TO E4VE MAX. T990 STORIES 8,21' TO E4VE MAX. PARKING FACADE RIOTH ALLOWED. PARKING FACADE N'IDTH PROVIDED. SA ISA, 48' WIDTH X 0.30= IAA' MAX. 1038" PROVIDED 2 SPACES PARKING SPACES REQUIRED PARKING SPACES PROVIDED' Dra PER UNIT'. 2 SPACES PER UNIT TOTAL OF PERVIOUS PAVEMENT at 1st layer. 68%X(1st layer 0'x699=720 SOFT. (NW(. ALLOWED)' PROVIDED. (3 33%)400.00 SOFT. BUILDING AREA TABULATION UNIT TI UNIT a2 1st FLOOR {UNDER GC) 996.67 SQ.FT. 668.67 SC.FT. PORCH 80.85 SQ.FT. 79.11 SOFT. GARAGE 220.45 SOFT. 2nd FLOOR 071.82 SOFT. 871.02 SOFT. TOTAL (UNDER A/C) 1,870119 SOFT. 1,870A9 SOFT. LOCATION MAP N.T.S .. e111�� IIIIIIIIillllllll�l�l��llllllllllllll��1�1�1!�I�IIIIIIIIIIII ��II�Le OPTION #4 FRONT ELEVATION OPTION 4 SITE ADDRESS: owNEEL EZ RENT MULTI LLC ` AGUOELO ARCH IT CTg'A' ptlareBB pro- 786) 738.8288 ARCHITECT FOR THE FIRM EXHIBIT "B" JI1111-1111111111111111= 11111111111111111111111111111111111 'JIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIII I111111111111II111111I111111II111111I111 illllllllll lllllll=-=-= GREAT R001.1 KITCHEN ^LAUNDRY r1 r _■�®■I •11 _IIIIIIH11111IINIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII 11111111111111111 LIVING ROOM UNIT # 1 FRONT PORCH OPTION #4 LAUNDRY 1111111111111111111 11 FIRST FLOOR PLAN LIVING ROOM UNIT # 2 FRONT PORCH GREAT ROOM I IIII IIIIIIIIIIIIIIIIIIIIIIIIIIU=@ KITCHEN Illllllllllllllllllllllllllllllllillllllllllillll IIII•1fi� III111111I111111IIIIII1 BEDROOM #3 UNIT # 1 111111� 1111111111111111111111111111111111111111111ui11111111111111111 =111=111111111 • EXHIBIT B IIIIIIIIIIIIIIIIIII=11111111111111111111111111111111111111111111111111111111111 BATHROOM ATHROOMI S I 11111=1111llllllllllllllllllllllllllllllllllllllllllllllllllllllllli A11111111111111111111, MASTER BEDROOM BEDROOM #2 BEDROOM #3 UNIT # 2 OPTION #4 2ND FLOOR PLAN OPTION 4 SITE ADDRESS OWNER EZ RENT MULTI LLC ` AGUDELO ARCH I�TEcrog A (736) 733.323e SEAL STATE OF FLORIDA ARCHITECT FOR THE FIRM rfc