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RESOLUTION 90-19949 RESOLUTION NO. 90-19949 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ACCEPTING PLAINTIFF' S OFFER OF SETTLEMENT IN NEW FLORIDIAN HOTEL, INC. , ET AL V. CITY OF MIAMI BEACH, UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 85-3399 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SATISFACTION AND RELEASE OF LIEN REGARDING SETTLEMENT, AND AUTHORIZING IRA ELEGANT, ESQUIRE TO EXECUTE A SETTLEMENT STIPULATION AND ORDER OF APPROVAL. WHEREAS, in 1985, New Floridian Hotel, Inc. , et al v. City of Miami Beach, was filed in Dade County Circuit Court, wherein Plaintiff sought to enjoin demolition of its property the Biscaya Hotel, which property had been previously scheduled for demolition due to its unsafe nature. In its Amended Complaint, Plaintiffs sought damages against the City pursuant to 42 U. S. C. §1983 (Civil Rights Action) , Trespass, Promissory Estoppel, and Tortious Interference; and WHEREAS, in 1988 , this cause was removed to Federal District Court in light of the fact that the United States Department of Labor was named as an interested party in the City' s efforts to foreclose a demolition lien on said property; and WHEREAS, New Floridian Hotel, Inc. , through its attorney Barry Warsh of Ruden, Barnett, et a l, has made an offer of settlement to the City whereby Plaintiff will pay $125, 000 to the City in exchange for a satisfaction of the subject demolition lien, all parties ' pending claims will be dismissed with prejudice, and all parties will bear their own fees and costs; and WHEREAS, as is evidenced by the attached correspondence (Exhibit "A" hereto) , Ira Elegant, Esquire of Buchbinder and Elegant, P.A. , representing the City of Miami Beach, has advised that settlement of the subject litigation is in the best interest of the City, and has thus recommended that the City of Miami Beach accept the Plaintiffs ' settlement offer via the City' s execution of the attached Satisfaction and Release of Lien (Exhibit "B" hereto) , and by authorizing Elegant to execute the attached Settlement Stipulation and Order of Approval (Exhibit "C" hereto) . NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the recommendation of Ira Elegant, Esquire, outside counsel representing the City of Miami Beach in New Floridian Hotel, Inc. v. City of Miami Beach, to accept the settlement offer of New Floridian Hotel, Inc. , under which the City of Miami Beach would receive payment of $125, 000 in exchange for the satisfaction of its demolition lien relating thereto, all parties ' pending claims will be dismissed with prejudice, and all parties will bear their own fees and costs, is hereby accepted and the Mayor and City Clerk are hereby authorized to execute the Satisfaction and Release of Lien in settlement of this cause, and Ira Elegant, Esquire is further hereby authorized to execute the Settlement Stipulation and Order of Approval. PASSED and ADOPTED this 4th day of April 1990. VICE-MAYO' ATTEST: CITY CLERK LF/J KO/RG FORM APPROVED LEGAL DEP y /4 1466. .24 Date LAW OFFICES BUCHBINDER 8c ELEGANT PROFESSIONAL ASSOCIATION COMMONWEALTH BUILDING • FOURTH FLOOR 46 SOUTHWEST FIRST STREET HARRIS J. BUCHBINDER MIAMI, FLORIDA 33130-1697 IRA M. ELEGANT TELEPHONE (305) 358-1515 STEVEN A. COLSKY FAX NO. (305) 358-5202 IRVING B. LEVENSON CAROLINA A. ECHARTE OF COUNSEL MONICA I. SALIS March 26, 1990 • Barry Jay Warsch, Esq. Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A. P.O. Box 1900 Ft. Lauderdale, FL 33302 , Re: New Florida Hotel , et al . , v. City of Miami Beach Dear Barry: This letter is written as a follow-up to our various telephone discussions regarding yours of February 23 , 1990. The City Commission will consider the settlement proposal at its next regular meeting. In essence, the terms of the settlement will be as set forth in Paragraph 2 of your letter of February 23 , 1990. I have read Paragraph 1 of your letter, dealing with the zoning efforts of Saglo Development Company and Saul Glotman and Plaintiff' s "future expectations" . The City would like it to be perfectly clear that resolution of the matter deals with only the matters set forth in Paragraph 2 , and that the City is not entering into any sort of contract zoning. Moreover, the City is not representing anything one way or the other as to treatment that plaintiff may receive v e in connection with fl ?ny matters with 1 the City. The Plaintiff will be treated as any other person which deals with the City. In short, resolution of this matter does not in any way constitute contract zoning of any sort. If your understanding is other than this, please let me know. Sincerely yours, IME: ls Ira M. Elegant CC: Hon. Laurence Feingold EXHIBIT "A" LAW OFFICES BUCHBINDES 8c ELEGANT PROFESSIONAL ASSOCIATION COMMONWEALTH BUILDING • FOURTH FLOOR 46 SOUTHWEST FIRST STREET MIAMI, FLORIDA 33130-1697 HARRIS J. BUCHBINDER IRA M. ELEGANT TELEPHONE (305) 358-1515 IRVING B. LEVENSON FAX NO. (305) 358-5202 , PAUL M. CUMMINGS OF COUNS,ESL STEVEN A. COLSKY 1 CAROLINA A. ECHARTE March 6, 1990 GARY S. SALZMAN 19 9 0 Hon. Laurence Feingold •• City Attorney 1 P�1 ' 1.. ' �'� City of Miami Beach 1700 Convention Center Drive i X1. Miami Beach, Florida 33139 Re: New Florida Hotel, et al. , v. City of Miami Beach Dear Larry: Enclosed is a letter dated February 23 , 1990 from Barry Warsch offering to completely resolve the above. Plaintiff has offered $125, 000 to settle the case in full, with each party bearing their own attorneys ' fees and costs. I recommend that the matter be settled. This litigation began a number of years ago in Dade County Circuit Court, where the Plaintiff sought to enjoin the demolition of the Biscaya Hotel . During the course of those proceedings, the City, through Tree Masters, demolished the hotel. The litigation continued in Circuit Court. The Plaintiff sought to disqualify Judge Knuck. Judge Knuck did not recuse himself and the matter proceeded to the Third District where the Plaintiff sought a writ of prohibition. The City prevailed. Thereafter, the cause was removed to federal court since the City sought to foreclose its demolition lien and named the United States Department of Labor as having an inferior interest. The matter continues to pend in federal court at this time. No one can guarantee the outcome of any litigation, but it appears to be in the City's best interests to resolve the matter for the $125, 000 set forth in Mr. Warsch' s letter. Paragraph 1 of his letter is merely a recital since the City can in no way obligate itself to assure the Plaintiff of any favorable treatment, zoning or otherwise. Please let me hear from you at your earliest convenience, or see if the matter can be scheduled for the next commission agenda. Kindest regards. Sincerely yours, IME: ls Ira M. Elegant' encl . h 1, RUDEN, BARNETT, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ATTORNEYS AT LAW 110 EAST BROWARD BOULEVARD FRANK T ADAMS SCOTT J FUERST POST OFFICE BOX 1900 MICHAEL H.KRUL STACEY K.SCHRAGE SCOTT R AUSTIN THOMAS K GALLAGHER FORT LAUDERDALE, FLORIDA 33302 BRIAN F.LEARY BENJAMIN R.SCHULMAN JOAN I BAKER DENISE J GANZ ANDREA B MACKSON CARL SCHUSTER LANCE H BARER MELINDA S GENTILE (305) 764-66E0 LEONARDO J MAIMAN GERALD K.SCHWARTZ ELLIOTT B BARNETT JAMES R GEORGE BARRY A.MANDELKORN JOHN L SHIEKMAN JEFFREY H BECK GLENN A GERE NA MIAMI LINE (305) 944-3283 SCOTT H MARGOL SIRGITTA K SIEGEL JONATHAN D BELOFF w WYNONAM GEYER,JR DENNIS D MELE PETER 0 SLAV'S RICHARD E BERMAN GLENN E GOLDSTEIN BOCA RATON LINE (407 392-9771 STEVEN J.MITCHEL MARY F.SMALLWOOO DAVID K BLATTNER BRUCE A GOODMAN DONALD C.MCCLOSKY GLENN N.SMITH THOMAS R BOLE BRUCE D GOORLAND FAX (305)764-4996 BRIAN S.MCHUGH HARRY B.SMITH w TODD BOYD MARK F GRANT SYBIL MELOY SAMUEL S.SMITH LAWRENCE C CALLAWAY.III NANCY W.GREGOIRE TELEX 441-372 WOODROW-MAC-MELVIN,JR. BARRY E.SOMERSTEIN HOWARD M CAMERIK THOMAS F GUSTAFSON ROBERT H.MILTENBERGER,II MARK K.SOMERSTEIN MICHAEL B CITESAL DAN HELLER SAMUEL W.FRIED(1907-.980) SUSAN P.MOTLEY EDWIN J STACKER ARTHUR CHOLOOOFSKY SHERRI R HELLER SAMUEL D NAVON DEAN W.STRICKLAND SIMON RUOEN(ISIS- 967) MARK A COEL BASHA v HICKS HARVEY A.NUSSBAUM PORCHER L.TAYLOR.= &BANNON M COOK MICHELE H HUDSON BRIAN F.O'CONNOR JAMES HAROLD THOMPSON JEFFREY O D[CARLO ELLEN R ITZLER OF COUNSEL KEVIN J.O'GRADY PETER L.TUNIS BENNETT FALK J MARIE JOHNSON JAMES J BLOSSEB KEITH OLIN STEPHEN R.VERBIT JOHN L.FAROUHAR SETH P JOSEPH SAMUEL S FIELGS JOHN H.PELZER GLEN H.WALDMAN JACK D FINKELMAN THOMAS 0 KATZ MICHAEL S.ROSS BARRY J.WARSCH SHELDON B.GUREN MITCHELL C FOGEL JOHN R KELLER TERRENCE RUSSELL DAVID A.WEINTRAUB JEFFREY W FRANTZ MARGARET-RAY KEMPER DALE S.RECINEL�A MIMI SALL-PRITCHARD RICKY J.WEISS GILL 5 FREEMAN KENNETH 5 KLEIN GEORGE WEINSTE N ALEX J.SABO JEROME L.WOLF RICHARD E FRIEND ROBERT A.KRAMER MICHAEL B.WERNER BONNIE S.SATTERFIELD DONALD C.WORKS,III MIAMI BEACH OFFICE MIAMI OFFICE BOCA RATON OFF.CE OUINCY OFFICE TALLAHASSEE OFFICE EIGHTH FLOOR 701 BRICKELL AVENUE • SUITE 1900 CROCKER PLAZA • SL'E 1105 5 WEST WASHINGTON STREET MONROE-PARK TOWER • SUITE 1010 'II,LINCG_v RQAC MOS:,. MIAMI,FLORIDA 33131 5355 TOWN CENTER ACAD OUINCY,FLORIDA 32351 101 NORTH MONROE STREET MIAMI BEACH FLORIDA 33+39 (305)789 2700 BO:+A RATON,FLORIDA 33485 (904)627-9589 TALLAHASSEE,FLORIDA 32301 (305)673-1130 (407)391-2800 (904)681•9027 February 23, 1990 WRITERS DIRECT DIAL NUMBER 527-2464 Ira Elegant, P.A. Buchbinder & Elegant 46 S.W. 1 Street Fourth Floor Miami, Florida 33130 Re: New Floridian Hotel, Inc. v. City of Miami Beach Dear Ira: As discussed, plaintiff is willing to settle this action on the following terms : 1 . because Saglo Development Company and Saul Glotman, the potential purchasers of the property, were granted advantageous zoning, planning and permitting approvals, and because plaintiff can expect similar treatment and consideration in the future regarding usage of the property, plaintiff will waive its damage claim and stipulate to dismiss with prejudice all claims pending against the City, all parties to bear their own fees and costs ; and, 2 . plaintiff will pay $125 , 000 to the City, in exchange for the satisfaction of the demolition lien and dismissal of all pending claims of the City with prejudice, all parties to bear their own fees and costs . Ira Elegant, P.A. February 23 , 1990 Page Two The foregoing statements are made in the context of our settlement negotiations, are privileged and may not be used as evidence, including as admissions . We await your response. Very truly yours, RUDEN, BARNETT, McCLOSKY, SMITH, SCHU TER & RUSSELL, P.A. :- Barry Jay War ch BJW/mcm 10 : 1 cc: Mr. Harvey Goodman RUDEN, BARNETT, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. SATISFACTION AND RELEASE OF LIEN STATE OF FLORIDA) SS: COUNTY OF DADE ) FOR AND IN CONSIDERATION of the sum of ONE HUNDRED TWENTY- FIVE THOUSAND AND NO/100 ($125, 000. 00) DOLLARS in hand this day paid, the receipt of which is hereby acknowledged, the undersigned does hereby release the property hereinafter described from that certain Claim of Lien filed by the undersigned in the office of the Clerk of the Circuit Court of Dade County, Florida, on July 15, 1987 , and recorded on July 20, 1987 in ORB 13349 , at Page 1812 , of the Public Records of Dade County, Florida, and hereby declares said lien fully satisfied and directs the Clerk of said Court to release and cancel said Claim of Lien. Said property is described as follows: Lots 1 and 2 in Block 1, of FLEETWOOD SUBDIVISION, according to the Plat thereof, recorded in Plat Book 14 , at Page 60, and according to the Amended Plat thereof, recorded in Plat Book 28 , at Page 34 , of the Public Records of Dade County, Florida; and Lots 26 and 27 of AQUARIUM SITE RESUBDIVISION, according to the Plat thereof, recorded in Plat Book 16, at Page 67, of the Public Records of Dade County, Florida; and All of Out-Lot South of and adjoining Lot 1, in Block 1, of FLEETWOOD SUBDIVISION, according to the Plat thereof, recorded in Plat Book 14 , at Page 60, and according to the Amended Plat thereof, recorded in Plat Book 28 , at Page 34 , of the Public Records of Dade County, Florida. WITNESS my hand and seal this f" ' day of 4/4" , 1990 . SIGNED, SEALED AND DELIVERED T in the presence of: CITY OF MIAMIEACH, a Florida ni pal, poration IIKIC - i -44 ) y• ' --77` Vice--- Mayor c______ 8:1.1,4,,t,k_ rit.t›,e-e.A..x,...1 Att st: ,),...).2 /a.,/,2,1 City Clerk SWORN TO AND SUBSCRIBED before me, this //r-i' day of ,z= r , , 1990. (SEAL) NotarY Public, State of Florida _ My Commission expires: NOTARY PU-h I C STATE OF FLORIDA MY COMMISSIO'� EXP. (.,AY 20,1993 ,� (Notarial Seal) BONDED ThRU GENERAL INS. W D. FORM APPROVED THL$INSTRUMENT PREPARED BY: LEGAL DEPT. EXHTIRA M. ELEGANT, ESQ. IBIT B �SouthweSt First Street By � Fourth Floor Mimi, Florida 33130 Date Lf ‘11 o UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO! 88-1191-CIV SPELL AN NEW FLORIDIAN HOTEL, INC. , et al . , Plaintiffs, vs. CITY OF MIAMI BEACH, et. al . , Defendants. CITY OF MIAMI BEACH, Third Party Plaintiff, vs. HARVEY GOODMAN, et al . , Third Party Defendants. BETTLEMENT STIPULATION AND ORDER OF APPROVAL P 1.a i:'l tom,,i f f/counterde fandant, NEW FLORIDIAN HOTEL, INC. , a Florida corporation, Third Party Defendant, HARVEY GOODMAN, and Defendant/counterplaintiff, CITY OF MIAMI BEACH, a Florida municipal corporation, having amicably resolved their differences through which, Plaintiff/counterdefendant NEW FLORIDIAN HOTEL, INC. , has agreed to pay CITY OF MIAMI. BEACH $125, 000. 00 in cash upon the entry of the Order of Approval hereinbelow and delivery of a satisfaction of the demolition lien dated July 15, 1987 , recorded on July 20 , 1987 in ORB 13349 at Page 1812 of the Public Records of Dade County, Florida, hereby stipulate to the immediate EXHIBIT "C" entry of the Order of Approval hereinbelow. RUDEN, BARNETT, McCLOSKY, SMITH, LAURENCE FEINGOLD SCHUSTER & RUSSELL, P.A. City Attorney P. O. Box 1900 City of Miami Beach Fort Lauderdale, Florida 33302 1700 Convention Center Drive Telephone: (305) 764-6660 Miami Beach, Florida 33139 Telephone: (305) 673-7470 (Attorneys for Plaintiff/counter- HAROLD ROSEN, ESQUIRE defendant, New Floridian Hotel, 407 Lincoln Road, PH Inc. , and Third Party Defendant, Miami Beach, Florida 33139 Harvey Goodman) Telephone: (305) 534-4757 \ r and By: 'c' Barry Jay Warsch BUCHBINDER & ELEGANT, P.A. 46 S.W. 1st Street, 4th Floor Miami , Florida 33130 Telephone: (305) 358-1515 (Attorneys for Defendant/ counterplaintiff, and Third Party Plaintiff, City of Miami Beach) BY: 3,(i Ira M. Elegan ORDER OF APPROVAL THIS CAUSE came on to be heard on the Settlement Stipulation hereinabove, and the Court being otherwise advised in the premises, it is ORDERED and ADJUDGED as follows: 1. Plaintiff ' s action (as well as all other actions against Plaintiff or the subject property which were or could have been asserted herein) against the Defendants are hereby dismissed with prejudice. 2 2 . The Counterclaim and Third-Party Complaint for Foreclosure of Demolition Lien of the CITY OF MIAMI BEACH (as well as all other actions against Plaintiff or the property at issue which were or could have been asserted herein) are hereby dismissed with prejudice. 3 . Since the foreclosure action has been rendered moot by the satisfaction of the demolition lien at issue, the City of Miami Beach's claims against all other parties herein are hereby dismissed. 4 . Each of the parties shall bear their own attorney' s fees and costs in connection with the foregoing. 5. Jurisdiction is retained to enforce the settlement. DONE and ORDERED in Chambers at the United State District if Courthouse, Miami, Florida, this day of , '/,t,w , 1990. diare 1A4 J( - UNIED STATES DISTRICT COURT JUDGE FOR: JUDGE EUGENE P. SPELLMAN Copies furnished to all counsel of record Magistrate Palermo 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 88-1191-CIV-SPELLMAN NEW FLORIDIAN HOTEL, INC. , et al . , Plaintiffs, -vs- CITY OF MIAMI BEACH, et al . , Defendants. _ _ f CITY OF MIAMI BEACH, Third Party Plaintiff, vs. HARVEY GOODMAN, et al . , Third Party Defendants. ORDER OF DISMISSAL THIS CAUSE comes before the Court upon a Settlement Stipulation between all the parties in the above-styled cause filed with this Court on April 17 , 1990. By Order dated 4(' ; 1990, this Court approved said Settlement Stipulation. In accordance therewith, it is hereby ORDERED AND ADJUDGED that the above-styled cause is DISMISSED WITH PREJUDICE with each party to bear its own attorneys ' fees and cost DONE,AND ORDERED in Chambers at Miami, Florida this day of / , 1990. FOR: EUG E P. SPELLMAN UNITED STATES DISTRICT JUDGE cc: all counsel of record ell,se `= ' bag 7-W Oki ,,, ,`4 tied, FridA4 LAW OFFICES BTJCHBINDER 8c ELEGANT PROFESSIONAL ASSOCIATION COMMONWEALTH BUILDING • FOURTH FLOOR 46 SOUTHWEST FIRST STREET HARRIS J. BUCHBINDER MIAMI, FLORIDA 33130-1697 IRA M. ELEGANT TELEPHONE (305) 358-1515 STEVEN A. COLSKY FAX NO. (305) 358-5202 IRVING B. LEVENSON CAROLINA A. ECHARTE OF COUNSEL MONICA I. SALIS June 5, 1990 Mercy Williams City Clerk's Office 1700 Convention Center Drive Miami Beach, FL 33139 Re: New Florida Hotel, et al. , v. City of Miami Beach Dear Mercy: Enclosed is the original Resolution No. 90-19949 (with attachments) in connection with the above. Also enclosed is a copy of the executed Stipulation and Order of Approval (since Exhibit C to the Resolution is not executed) . This is being forwarded to you at Debbie Turner' s request this morning. Sincerely yours, kike.Ap Lottie Skeens IME: ls Secretary to Ira M. Elegant encls. CC: Debby Turner (wo/encls) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO: 88-1191-CIV SPELLMAN NEW FLORIDIAN HOTEL, INC. , et al . , Plaintiffs, CITY OF MIAMI BEACH, et. al . , tP ' 71O Defendants. V1)"/-//// CITY OF MIAMI BEACH, Third Party Plaintiff, vs. HARVEY GOODMAN, et al . , Third Party Defendants. SETTLEMENT STIPULATION AND ORDER OF APPROVAL Plaintiff/counterdefendant, NEW FLORIDIAN HOTEL, INC. , a Florida corporation, Third Party Defendant, HARVEY GOODMAN, and Defendant/counterplaintiff, CITY OF MIAMI BEACH, a Florida municipal corporation, having amicably resolved their differences through which, Plaintiff/counterdefendant NEW FLORIDIAN HOTEL, INC. , has agreed to pay CITY OF MIAMI BEACH $125, 000. 00 in cash upon the entry of the Order of Approval hereinbelow and delivery of a satisfaction of the demolition lien dated July 15, 1987 , recorded on July 20, 1987 in ORB 13349 at Page 1812 of the Public Records of Dade County, Florida, hereby stipulate to the immediate entry of the Order of Approval hereinbelow. RUDEN, BARNETT, McCLOSKY, SMITH, LAURENCE FEINGOLD SCHUSTER & RUSSELL, P.A. City Attorney P. 0. Box 1900 City of Miami Beach Fort Lauderdale, Florida 33302 1700 Convention Center Drive Telephone: (305) 764-6660 Miami Beach, Florida 33139 Telephone: (305) 673-7470 (Attorneys for Plaintiff/counter- HAROLD ROSEN, ESQUIRE defendant, New Floridian Hotel, 407 Lincoln Road, PH Inc. , and Third Party Defendant, Miami Beach, Florida 33139 Harvey Goodman) Telephone: (305) 534-4757 \ and By: Barry Jay Warsch BUCHBINDER & ELEGANT, P.A. 46 S.W. 1st Street, 4th Floor Miami, Florida 33130 Telephone: (305) 358-1515 (Attorneys for Defendant/ counterplaintiff, and Third Party Plaintiff, City of Miami Beach) (tBy 0\44A. Ira M. Elegan ORDER OF APPROVAL THIS CAUSE came on to be heard on the Settlement Stipulation hereinabove, and the Court being otherwise advised in the premises, it is ORDERED and ADJUDGED as follows: 1. Plaintiff' s action (as well as all other actions against Plaintiff or the subject property which were or could have been asserted herein) against the Defendants are hereby dismissed with prejudice. 2 2 . The Counterclaim and Third-Party Complaint for Foreclosure of Demolition Lien of the CITY OF MIAMI BEACH (as well as all other actions against Plaintiff or the property at issue which were or could have been asserted herein) are hereby dismissed with prejudice. 3 . Since the foreclosure action has been rendered moot by the satisfaction of the demolition lien at issue, the City of Miami Beach' s claims against all other parties herein are hereby dismissed. 4 . Each of the parties shall bear their own attorney' s fees and costs in connection with the foregoing. 5. Jurisdiction is retained to enforce the settlement. DONE and ORDERED in Chambers at the United State District if / Courthouse, Miami, Florida, this day of , /,/Air , 1990. df t� l UN ED STATES DISTRICT COURT JUDGE FOR: JUDGE EUGENE P. SPELLMAN Copies furnished to all counsel of record Magistrate Palermo 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 88-1191-CIV-SPELLMAN NEW FLORIDIAN HOTEL, INC. , et al . , Plaintiffs, -vs- CITY OF MIAMI BEACH, et al. , Defendants. CITY OF MIAMI BEACH, Third Party Plaintiff, vs. HARVEY GOODMAN, et al. , Third Party Defendants. ORDER OF DISMISSAL THIS CAUSE comes before the Court upon a Settlement Stipulation between all the parties in the above-styled cause filed with this Court on April 17 , 1990. By Order dated 4(' ; 1990, this Court approved said Settlement Stipulation. In accordance therewith, it is hereby ORDERED AND ADJUDGED that the above-styled cause is DISMISSED WITH PREJUDICE with each party to bear its own attorneys' fees and cost DONEE AND ORDERED in Chambers at Miami, Florida this 4; day of `// 1 , 1990. 4-✓./r FOR: EUG E P. SPELLMAN UNITED STATES DISTRICT JUDGE cc: all counsel of record CRIGINAL RESOLUTION NO. 90-19949 Accepting Plaintiff's offer of settlement in New Floridian Hotel, Inc. , ET AL V. C.M.B. , United States District Court, Southern District of Florida, Case No. 85-3399 and authorizing the Mayor and City Clerk to execute a satisfaction and release of lien regarding settlement, and authorizing Ira Elegant, Esquire to execute a settlement stipulation and order of approval.