Settlement Agreement with Ocean Terrace Holdings LLC 021 -31 �Bo
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (this "Agreement") is made and entered into on
this 3 day of i4l, 2021 (the "Effective Date") by and among OCEAN TERRACE
HOLDINGS,LLC,a foreign limited liability company,7450 OCEAN TERRACE,LLC, a Florida
limited liability company, 7436 OCEAN TERRACE, LLC, a foreign limited liability company,
7420 OCEAN TERRACE INVESTMENT, LLC, a Florida limited liability company, 7410
OCEAN TERRACE LLC, a foreign limited liability company, 7400 OCEAN TERRACE,LLC, a
Florida limited liability company, 7409 COLLINS AVE INVESTMENT, LLC, a Florida limited
liability company, 7421 COLLINS AVE INVESTMENT, LLC, a Florida limited liability
company, 7433 COLLINS AVE INVESTMENT, LLC, a Florida limited liability company, 7439
COLLINS AVE INVESTMENT LLC, a Florida limited liability company, 7441 COLLINS AVE
INVESTMENT, LLC, a foreign limited liability company (collectively, "OCEAN TERRACE"),
the CITY OF MIAMI BEACH, a Florida municipal corporation(the "CITY"), and THOMAS R.
MOONEY, in his official capacity as Planning Director for the City of Miami Beach, Florida(the
"PLANNING DIRECTOR"). OCEAN TERRACE,the CITY, and the PLANNING DIRECTOR
are collectively referred to herein as the"PARTIES"and are sometimes individually referred to as
a"PARTY."
WITNESSETH
WHEREAS, OCEAN TERRACE and the CITY are parties to that certain Development
Agreement dated July 31,2019 (the "Development Agreement") for the construction of a mixed-
use project on the property located on the city block along Ocean Terrace and Collins Avenue
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between 74th Street and 75th Street in the North Beach district of Miami Beach, Florida (the
"Project");
WHEREAS, OCEAN TERRACE brought an action against the CITY and PLANNING
DIRECTOR in the Circuit Court for the 11th Judicial Circuit in and for Miami-Dade County,
Florida, Case No. 2020-17802-CA-43 (the"Litigation");
WHEREAS, all PARTIES desire to settle all claims which were asserted in the Litigation
or which could have been asserted in the Litigation;
WHEREAS, the PARTIES wish to memorialize their settlement agreement in this
document; and,
WHEREAS, the PARTIES agree to seek the Court's approval of this settlement and to
obtain a Court order approving it and retaining jurisdiction to enforce its terms.
WHEREFORE, in consideration of the foregoing, and for other good and valuable
consideration contained herein, the sufficiency of which is hereby acknowledged, the PARTIES
hereto covenant and agree as follows:
1. Recitals. The above-recitals are true and correct and are incorporated into this
Agreement. For convenience only, defined terms used in this Agreement shall be assigned the
same meaning as they are defined in the City Code and the Development Agreement, depending
on the context and unless otherwise provided herein.
2. Parties. The PARTIES have settled and resolved all claims which were asserted
or which could have been asserted in the Litigation upon the terms and conditions set forth herein.
3. Contribution. OCEAN TERRACE will make a monetary contribution in the total
sum of Three Million Dollars and 00/100 cents ($3,000,000) to the CITY. The payment of this
contribution shall occur as follows:
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a. The first payment in the sum of$1,000,000 shall occur within 10 days of the full
execution of this Agreement.
b. The second payment in the amount of $1,000,000 shall occur on or before
September 1, 2021.
c. The third payment in the amount of$1,000,000 shall be contributed towards the
72nd Street Community Complex(a/k/a the North Beach Aquatic Center)and paid
at the earlier of: (a) the execution of the contract for the design-build of the 72nd
Street Community Complex, or(b) April 1, 2022. However, in the event the CITY
does not proceed with the 72nd Street Community Complex on or before January
1, 2024, the CITY will have the right/sole discretion to use the $1 million
contribution for another North Beach project,and will communicate the project and
use of those funds with OCEAN TERRACE at the time that the CITY elects to use
the contribution for another North Beach project.
d. All payments will be made by wire transfer to the trust account of Shubin& Bass,
P.A. in accordance with the instructions attached as Exhibit A.
e. Remedies in the Event of Non-Payment of Any Monetary Contributions Set
Forth Herein. Failure to make any of the foregoing payments shall be deemed to
be a material breach of this Agreement. In such event of non-payment, the CITY
shall have the right to withhold the temporary certificate of occupancy or certificate
of occupancy for the Project or any part thereof—in the CITY's sole discretion—
until the overdue payment is made.
4. Amicable Resolution of the Floor Area Dispute. To amicably resolve the
PARTIES' dispute about the manner and method of calculating floor area in light of the unique
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factual, procedural and temporal circumstances surrounding the execution of the Development
Agreement(as well as its text),the CITY agrees to exercise its discretionary authority to settle the
Litigation in order to avoid the cost, risk, time, and expense of litigation, to allow OCEAN
TERRACE to exclude from the calculation of floor area the following building elements within
the Project that is the subject of the Development Agreement: (1) voids in floors to accommodate
elevator shafts; (2) voids in floors to accommodate mechanical/ventilation/trash shafts; and (3)
enclosed stairwells, including enclosed stairwells within accessory garages (collectively, (1)-(3),
the "Elements"). For clarity, the Project's FAR shall be calculated in accordance with the
calculations contained within the Plans submitted by OCEAN TERRACE to the City's Historic
Preservation Board("HPB") on December 16, 2019. The resolution described in the immediately
preceding sentence is without prejudice to OCEAN TERRACE'S ability to increase the Project's
FAR pursuant to any voter approved amendment to either the definition of"floor area" or the list
of exclusions from the definition of"floor area,"as set forth in the City Code. Upon receipt of the
Contribution referenced in paragraph 3(a) above, the CITY shall deliver to OCEAN TERRACE
an estoppel letter in the form attached hereto as Exhibit B (the "FAR Estoppel Letter") and shall
issue such additional letters in similar form as reasonably requested by OCEAN TERRACE, its
affiliates and subsidiaries, joint venture partners, partners and their successors, assigns and
Lenders.
5. Waiver of Certain Force Majeure Events. OCEAN TERRACE agrees to waive
Force Majeure Events and Economic Force Majeure for any delay that has taken place up to the
Effective Date of this Agreement relating solely to the novel coronavirus pandemic. In addition,
OCEAN TERRACE agrees to waive Force Majeure Events and Economic Force Majeure for
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Phase 1 of the Park/Streetscape Improvements relating to all future delays relating solely to the
novel coronavirus pandemic, with the following exceptions:
a. No waiver for any delays caused by any governmental agency(including the CITY,
County, State, or federal government)being unable or unwilling to inspect work or
process permits; and
b. No waiver for any delays caused by any government-mandated stoppage or
suspension of construction related activity.
6. Schedule for the Park/Streetscape Improvements. OCEAN TERRACE shall
adhere to the following development schedule with respect to the Park/Streetscape Improvements.
This schedule shall control over any prior schedule contemplated by the PARTIES:
a. OCEAN TERRACE shall submit a legally sufficient and complete application for
HPB approval of the Park/Streetscape Improvements that complies in good faith
with applicable CITY codes and regulations. Such application shall be submitted
within such time to reasonably enable OCEAN TERRACE to obtain HPB approval
on or before September 30, 2021.
b. OCEAN TERRACE shall complete and submit construction drawings in
approvable form into the permit workflow no later than February 1,2022, or within
four months of HPB approval, whichever occurs later.
c. OCEAN TERRACE shall obtain a Full Building Permit for the Park/Streetscape
Improvements no later than September 1, 2022, or within seven months of
submission of construction drawings,whichever occurs later.
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d. OCEAN TERRACE shall commence construction and begin mobilization within
60 days after obtaining a Full Building Permit for the Park/Streetscape
Improvements.
e. The CITY shall exercise good faith/diligent efforts to expedite the review of the
Park/Streetscape Improvements and building permit application. In addition, the
CITY shall ensure the prompt processing of plans.
f. OCEAN TERRACE shall use good faith and diligent efforts to expeditiously
address and respond to all permit comments.
g. The failure by OCEAN TERRACE to commence construction in accordance with
subparagraph 6(d) shall constitute a default under this Agreement and shall trigger
the PARTIES' rights and remedies under the Development Agreement relating to
developer defaults, notices, cure periods, and enforcement of performance,
including but not limited to the CITY'S ability — following the expiration of all
applicable cure periods — to draw funds in accordance with the provisions of
paragraph 5(d) of the Development Agreement to complete the then-remaining
work for the design and construction of Phase 1 of the Park/Streetscape
Improvements.
7. Settlement and Dismissal of Lawsuit. Within 7 days of approval and full
execution of this Agreement, OCEAN TERRACE shall file the Joint Stipulation for Dismissal
with Prejudice,requesting the Court to enter an Agreed Final Order dismissing the Litigation with
prejudice with a reservation of jurisdiction to enforce the PARTIES' Settlement Agreement
stipulating that all PARTIES shall bear their own attorneys' fees and costs, attached hereto as
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Exhibit C. Should the Court refuse to enter the Agreed Final Order(as described herein), OCEAN
TERRACE shall promptly file a Notice of Voluntary Dismissal With Prejudice of the Litigation.
8. Release by OCEAN TERRACE. Except for performance required under this
Agreement and the Development Agreement, OCEAN TERRACE, on behalf of itself and each of
its members (direct and indirect), principals, affiliates, subsidiaries, directors, officers, managers,
employees, attorneys, successors and assigns, hereby forever releases and discharges the CITY,
including without limitation any agency or regulatory body of the CITY, and its elected officials,
employees, agents and representatives, from each and every right, claim, debt, cause of action,
demand, suit, liability, or right of action of any nature whatsoever (including without limitation
attorneys' fees and costs),whether asserted or unasserted,known or unknown,relating to or arising
from the subject matter of the Litigation or the allegations of the Litigation,and all facts or alleged
evidence that were or could have been brought in those proceedings by the CITY or OCEAN
TERRACE, and the interpretation of the City's Land Development Regulations to exclude the
Elements from the calculation of floor area.
9. Release by the CITY. Except for performance required under the Development
Agreement and this Agreement and in conjunction with and subject to the dismissal of the
Litigation in accordance with Section 7 hereof, the CITY hereby forever releases and discharges
OCEAN TERRACE from each and every right,claim,debt,cause of action,demand,suit,liability,
or right of action of any nature whatsoever(including without limitation attorneys' fees and costs),
whether asserted or unasserted, known or unknown, involving, relating to or arising from the
subject matter of the Litigation or the allegations of the Litigation,and all facts or alleged evidence
that were or could have been brought in those proceedings by the CITY or OCEAN TERRACE,
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and the interpretation of the City's Land Development Regulations to exclude the Elements from
the calculation of floor area for the Project.
10. Miscellaneous. This Agreement may be executed in one or more counterparts, or
by the PARTIES in separate counterparts, each of which when so executed shall be deemed an
original. This Agreement shall be governed by the laws of the State of Florida. If any provision of
this Agreement is deemed invalid or unenforceable, the validity or enforceability of the other
provisions of this Agreement shall not be affected.The failure of a PARTY to require performance
of any provision of this Agreement shall in no manner affect the PARTY's right at a later time to
enforce such provision.
11. Entire Agreement. This Agreement and the Development Agreement, and all
documents executed by the PARTIES in connection with the Project, represents and contains the
entire agreement and understanding among the PARTIES hereto with respect to all issues raised
or that could have been raised regarding the subject matter of this Agreement. Each of the
PARTIES acknowledges and agrees that there are no oral communications or understandings
contrary, different, in addition to, or that in any way restrict those identified agreements.
12. Notices. All notices provided pursuant to this Agreement shall be in writing and
sent to:
a. City Manager with a copy to the City Attorney and Jeffrey S. Bass, Esq. at
jbass@shubinbass.com; and
b. Sandor Scher at sscher@clarocorp.com with a copy to Joseph L. Rebak, Esq. at
joseph.rebak@akerman.com.
13. Attorneys' Fees. In any litigation arising out of or relating to this Agreement,
including but not limited to any claims seeking to enforce any term of this Agreement, the
prevailing PARTY in any such proceeding shall be entitled to collect from the non-prevailing
•
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PARTY all of its reasonable attorneys' fees,paralegals' fees, costs, and expert fees, including any
attorneys' fees and costs on appeal and any attorneys' fees and costs associated with proving the
reasonableness of a claim for attorneys' fees.
14. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY,
VOLUNTARILY AND INTENTIONALLY IRREVOCABLY WAIVES (TO THE EXTENT
PERMITTED BY APPLICABLE LAW)ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY
OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT OR
OTHERWISE ARISING OUT OF THE RELATIONSHIP BETWEEN THE PARTIES AND
AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING
WITHOUT A JURY.
15. Legal Counsel. Each PARTY represents and warrants that they have been fully
represented by counsel throughout all stages of the negotiation leading up to this Agreement and
all PARTIES are authorized to sign the Agreement on behalf of the entity in which they are
associated.
16. Joint Defense Agreement. OCEAN TERRACE and the CITY shall jointly defend
any challenge to this Agreement and OCEAN TERRACE shall fully indemnify and hold the CITY
harmless in connection with any such challenge to the Agreement or any claims challenging any
approvals (including, without limitation, any administrative approvals, building permits, or any
decisions by the City's Planning Board,Historic Preservation Board,or Board of Adjustment)that
may be provided by the CITY pertaining to the floor area for the Project, or otherwise challenging
the applicability of any law or ordinance to this Agreement(including,without limitation,the City
Charter) (in each instance as it relates solely to the Project, including any related appeals, a
"Lawsuit"). OCEAN TERRACE shall further indemnify and hold the CITY harmless from and
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against all actual damages, losses, liabilities, fees, costs and expenses (including reasonable
attorneys' fees, costs and expenses) of any and every kind arising out of or relating to any such
Lawsuit. For the avoidance of doubt, the CITY and OCEAN TERRACE shall each possess the
right to retain independent counsel to separately defend the Agreement and to control the manner
and method of their individual defense. The CITY agrees to reasonably cooperate with OCEAN
TERRACE in connection with the defense of any such Lawsuit in order to minimize the attorneys'
fees, costs and potential exposure associated with defending the Lawsuit. This paragraph shall
survive the expiration or termination of this Agreement.
17. No City Warranty or Representation. The CITY has not made, does not make
and will not make, and OCEAN TERRACE has not relied upon, any representation or warranty,
express or implied,as to any requirement under any law or ordinance including,without limitation,
the City Charter, City Code, and Florida Statutes, relating to this Agreement and the resolution of
the disputed floor area issues or the implementation of any settlement of disputed floor area issues,
through any approval provided by the CITY for the Project. OCEAN TERRACE expressly
assumes all risks with respect to any of the foregoing matters. In furtherance of the foregoing,
OCEAN TERRACE hereby waives any claim as to the enforceability of this Agreement.
In witness thereof, the parties have executed this Agreement as effective as of the date and
year first written above.
[Signature Pages Follow]
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CITY OF MIAMI BEACH,a Florida municipal corporation
B _\?:M1'B'E q i.,„
By:
ATTEST: , . .-,., ,,
Name: DAN GELBER i0'4
TfNCOINORATEDj
Title: Mayor %may .1 : �
Date: 5
mel z.j Rafael ,Granada,CI tit r
THOMAS R. MOONEY, i his official capacity as Planning Director of the City of Miami
Beach, ^ s G ida I
By: / A. i
If
Name: THOMAS R. MOON:,
Title: Planning Director for the City of Miami Beach, Florida
Date: 5— 3 — 2-011
7450 OCEAN TERRACE LLC, a Delaware limited liability company
By: OCEAN TERRACE HOLDINGS, LLC,a Delaware limited liability company,its sole
member
By: 47/ --
Name: SANDOR SCHER
Title: Manager
Date: y/ZZ-/Zo Z/
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
City Attorney rp AZ Date J
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7436 OCEAN TERRACE LLC,a Delaware limited liability company
By: OCEAN TERRACE HOLDINGS,LLC,a Delaware limited liability company,its sole
member
By:
Name: SANDOR SCHER
Title: Manager
Date: 1/7 L2!2021
7420 OCEAN TERRACE INVESTMENT,LLC,a Florida limited liability company
By: OCEAN TERRACE HOLDINGS,LLC,a Delaware limited liability company, its sole
member
By:
Name: SANDOR SCHER
Title: Manager
Date: y/Z2/2.o2./
7410 OCEAN TERRACE LLC, a Delaware limited liability company
By: OCEAN TERRACE HOLDINGS,LLC,a Delaware limited liability company,its sole
member
By:
Name: SANDOR SCHER
Title: Manager
Date: 10Z/ZaZi
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7400 OCEAN TERRACE,LLC,a Florida limited liability company
By: OCEAN TERRACE HOLDINGS,LLC,a Delaware limited liability company, its sole
member
By:
Name: SANDOR SCHER
Title: Manager
Date: y/LL/Zot
7409 COLLINS AVE INVESTMENT,LLC, a Florida limited liability company
By: OCEAN TERRACE HOLDINGS,LLC,a Delaware limited liability company, its sole
member
By:
Name: SANDOR SCHER
Title: Manager
Date:
7421 COLLINS AVE INVESTMENT,LLC,a Florida limited liability company
By: OCEAN TERRACE HOLDINGS,LLC,a Delaware limited liability company,its sole
member
By:
Name: SANDOR SCHER
Title: Manager
Date: L//Zi frL f
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7433 COLLINS AVE INVESTMENT,LLC,a Florida limited liability company
By: OCEAN TERRACE HOLDINGS, LLC,a Delaware limited liability company, its sole
member
By:
Name: SANDOR SCHER
Title: Manager
Date: I /2z/2071 •
7439 COLLINS AVE INVESTMENT,LLC, a Florida limited liability company
By: OCEAN TERRACE HOLDINGS, LLC,a Delaware limited liability company,its sole
member
By:
Name: SANDOR SCHER
Title: Manager
Date: q/2
7441 COLLINS AVE INVESTMENT,LLC, a Delawarelimited liability company
By: OCEAN TERRACE HOLDINGS, LLC,a Delaware limited liability company, its sole
member
By: /
Name: SANDOR SCHER
Title: Manager
Date: _ 12/ 'Z(
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OCEAN TERRA E INGS,LLC, a Delaware limited liability company
By:
Name: SANDOR SCHER
Title: Manager
Date: q,ZL/ZOL/
Page 15 of 15
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Exhibit "A"
The wiring instructions, as follows:
Shubin & Bass, P.A.
Regions Bank
3516 Main Highway
Coconut Grove, FL 33130
ABA#062005690
Trust Account #0209786783
Exhibit "B"
FAR ESTOPPEL LETTER
To Ocean Terrace Holdings LLC, its affiliates and subsidiaries, joint venture partners,
partners (collectively, "OTH") and their successors, assigns and Lenders.
Reference is made to: (i) the construction of a mixed-use project on the property located
on the city block along Ocean Terrace and Collins Avenue between 74th Street and 75th Street in
the North Beach district of Miami Beach, Florida(the"Project"); (ii)the Development Agreement
by and between OTH and the City of Miami Beach ("City"), dated July 31, 2019 (the
"Development Agreement"); and(iii)the Settlement Agreement in Eleventh Judicial Circuit Court
case number 2020-17802-CA-43, by and between OTH, the City, and Thomas R. Mooney, in his
official capacity as Planning Director, dated April 3 6, 2021 (the "Settlement Agreement").
This letter constitutes confirmation by the City that by operation of the Settlement
Agreement and the Development Agreement the Project's FAR was calculated in accordance with
the calculations contained within the Plans submitted by OTH to the City's Historic Preservation
Board ("HPB") on December 16, 2019. This letter constitutes further confirmation that by
operation of the Settlement Agreement and the Development Agreement,the FAR calculations for
the Project, as it may be modified, shall constitute legal conforming FAR for the Project.
Consequently, such FAR may be rebuilt in the event of damage and destruction. Further, the
confirmations contained within this paragraph are without prejudice to the ability to increase the
Project's FAR pursuant to any voter approved amendment to either the definition of"floor area"
or the list of exclusions from the definition of"floor area,"as set forth in the City Code,subsequent
to December 16, 2019.
57811708;1
Exhibit "C "
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
Complex Business Litigation Section
CASE NO. 20-17802 CA 43
OCEAN TERRACE HOLDINGS, LLC, a
Foreign Limited Liability Company, et al.,
Plaintiffs,
vs.
CITY OF MIAMI BEACH,a Florida Municipal
Corporation; and THOMAS R. MOONEY, in
his official capacity as the Planning Director for
the City of Miami Beach, Florida,
Defendants.
JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE
Plaintiffs Ocean Terrace Holdings, LLC, 7450 Ocean Terrace, LLC, 7436 Ocean Terrace,
LLC, 7420 Ocean Terrace Investment,LLC, 7410 Ocean Terrace LLC,7400 Ocean Terrace,LLC,
7409 Collins Ave Investment, LLC, 7421 Collins Ave Investment, LLC, 7433 Collins Ave
Investment, LLC, 7439 Collins Ave Investment, LLC, and 7441 Collins Ave Investment, LLC
(collectively, "Plaintiffs") and Defendants City of Miami Beach (the "City") and Thomas R.
Mooney(the"Planning Director") (collectively, "Defendants") (all collectively,the"Parties"),by
and through their respective counsel and pursuant to Rule 1.420(a)(1)(B) of the Florida Rules of
Civil Procedure, hereby stipulate and agree as follows:
1. Plaintiffs no longer wish to pursue their claims under the pending Complaint filed
with this Court on August 20, 2020 (the"Complaint").
2. The Parties entered into a Settlement Agreement on April , 2021 resolving all
claims that have been brought by Plaintiffs in this lawsuit(the "Settlement Agreement"). A copy
of the Settlement Agreement is attached hereto as Exhibit 1.
3. Plaintiffs have agreed to voluntarily dismiss, with prejudice, all claims that have
been brought by Plaintiffs in this lawsuit and release Defendants from any and all claims that could
have been brought or otherwise present in this lawsuit,and/or in connection with the interpretation
of the City's Land Development Regulations to exclude the Building Elements (as defined in the
Complaint) from the calculation of floor area, including any claims for damages, interest,
attorneys' fees and costs.
4. The Parties hereby stipulate that this entire action,including all claims and potential
counterclaims, shall be dismissed with prejudice,subject to the terms of the Settlement Agreement,
with each party to bear its own respective costs, expenses, and attorneys' fees, and with the Court
retaining jurisdiction to enforce the terms of the Settlement Agreement.
WHEREFORE,the Parties respectfully request that the Court enter an Order adopting and
approving this Joint Stipulation for Dismissal with Prejudice in the form attached hereto as Exhibit
2.
2
Respectfully submitted,
AKERMAN LLP SHUBIN& BASS,P.A.
Three Brickell City Centre 46 SW 1st Street
98 Southeast Seventh Street, Suite 1100 3rd Floor
Miami, Florida 33131 Miami, Florida 33130
Tel: (305) 374-5600/Fax: (305) 374-5095 Tel: (305) 381-6060/Fax: (305) 381-9457
By:/s/Joseph L. Rebak By:/s/Jeffrey S. Bass
JOSEPH L. REBAK, ESQ: JEFFREY S. BASS, ESQ.
Fla. Bar No. 308668 Fla. Bar No. 962279
joseph.rebak@akerman.com jbass@shubinbass.com
LORAYNE PEREZ, ESQ. DEANA D. FALCE, ESQ.
Fla. Bar No. 082465 Fla. Bar No. 084154
Lorayne.perez@akerman.com dfalce@shubinbass.com
wendy.gonzalez@akerman.com evaughan@shubinbass.com
nancy.perez@akerman.com eservice@shubinbass.com
Attorneys for Plaintiffs Attorneys for Defendants
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, on this day of April 2021, a true and correct copy of the
foregoing was served via electronic mail to:
Jeffrey S. Bass, Esq. Rafael A. Paz, Esq.
Deana D. Falce, Esq. Nicholas Kallergis, Esq.
SHUBIN & BASS,P.A. CITY OF MIAMI BEACH
46 SW 1st Street ATTORNEY'S OFFICE
Third Floor 1700 Convention Center Drive, 4th Floor
Miami,Florida 33130 Miami Beach, Florida 33139
Tel.: (305) 381-6060 Tel: (305) 673-7470
jbass@shubinbass.com rafaelpaz@miamibeachfl.gov
dfalce@shubinbass.com nickkallergis@miamibeachfl.gov
evaughan@shubinbass.com san d raper ez_@miamibeachfl.gov
eservice@shubinbass.com
Counsel for Defendants Counsel for Defendants
Attorney
3
Exhibit 1
[Settlement Agreement to be Inserted]
Exhibit 2
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
Complex Business Litigation Section
CASE NO. 20-17802 CA 43
OCEAN TERRACE HOLDINGS, LLC, a
Foreign Limited Liability Company, et al.,
Plaintiffs,
vs.
CITY OF MIAMI BEACH,a Florida Municipal
Corporation; and THOMAS R. MOONEY, in
his official capacity as the Planning Director for
the City of Miami Beach, Florida,
Defendants.
AGREED FINAL ORDER APPROVING
JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE
THIS CAUSE, having come before the Court upon agreement of the parties, and that
certain Joint Stipulation for Dismissal with Prejudice (the "Stipulation") entered into between
Plaintiffs Ocean Terrace Holdings, LLC, 7450 Ocean Terrace, LLC, 7436 Ocean Terrace, LLC,
7420 Ocean Terrace Investment,LLC, 7410 Ocean Terrace LLC, 7400 Ocean Terrace,LLC, 7409
Collins Ave Investment, LLC, 7421 Collins Ave Investment, LLC, 7433 Collins Ave Investment,
LLC, 7439 Collins Ave Investment, LLC, and 7441 Collins Ave Investment, LLC (collectively,
"Plaintiffs") and Defendants City of Miami Beach (the "City") and Thomas R. Mooney (the
"Planning Director") (collectively, "Defendants") (all collectively, the "Parties"), on April _,
2021, and the Court having reviewed the Stipulation and the record, and being otherwise duly
advised in the premises, it is hereby
ORDERED AND ADJUDGED that the Stipulation is hereby approved, ratified, and
adopted by the Court.This entire action,including all claims and potential counterclaims,is hereby
dismissed with prejudice, subject to the terms of the Settlement Agreement entered into by the
Parties on April _, 2021 ("Settlement Agreement"), with each party to bear its own respective
costs, expenses and attorneys' fees, with the Court retaining jurisdiction to enforce the terms of
the Settlement Agreement and the Stipulation.
DONE AND ORDERED in Chambers in Miami-Dade County, Florida, on this day
of , 2021.
The Honorable Michael Hanzman
Circuit Court Judge
Copies furnished to: All Counsel of Record
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