95-21513 RESO Incomplete
RESOLUTION NO. 95-21513
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MA YOR AND CITY CLERK TO
EXECUTE A SETTLEMENT AGREEMENT BETWEEN THE
CITY AND THE TOWN OF GOLDEN BEACH, LISA
LOWRANCE, HARVEY OXENBERG, STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND
METROPOLITAN DADE COUNTY, BY AND THROUGH
THE DEPARTMENT OF ENVIRONMENTAL RESOURCES
MANAGEMENT, IN THE STATE OF FLORIDA, DIVISION
OF ADMINISTRATIVE HEARINGS, DOAH CASE NOS. 94-
006791,94006792 AND 94-006793.
WHEREAS, Petitioners Town of Golden Beach, Lisa Lowrance, and Harvey Oxenberg,
have, through their counsel, asserted claims in an administrative proceeding against Respondents
State of Florida Department of Environmental Protection ("DEP") and Metropolitan Dade County,
by and through the Department of Environmental Resources Management ("DERM"), in the State
of Florida, Division of Administrative Hearings, DOAH Case Nos. 94-006791, 94006792 and 94-
006793; and
WHEREAS, the City of Miami Beach was granted Party status as an Intervenor in said
proceedings which pertain to an administrative challenge to Coastal Construction Permit No.
DBS9A0327, issued September 23, 1993 by DEP for the placement of sand along certain areas of
beachfront in Sunny Isles and Miami Beach, Florida in conjunction with the Army Corps of Engineers
project for beach restoration in Dade County; and
WHEREAS, the parties in these proceedings desire to settle the claims in these cases; and
\VIIEREAS, the parties have agre~d to the tenns and conditions as set forth in the Settlement
Agreement attached hereto as Exhibit "A"; and
WHEREAS, the Petitioners in these actions have agreed to dismiss their actions, with
prejudice, immediately upon the execution of this Settlement Agreement by all parties; and
WHEREAS, the City Attorneys Office recommends that the Mayor and City Commission
approve the Settlement Agreement attached hereto as Exhibit" A".
NOW, THEREFORE, BE IT DULY RESOLVED by the Major and City Commission of
the City of Miami Beach Florida that the Mayor and City Clerk are authorized to execute the
Settlement Agreement attached hereto as Exhibit" A".
PASSED AND ADOPTED this ~ day of March, 1995
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ATTEST:
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CITY CLERK
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SETTLEMENT AGREEMENT
Whereas all parties to the consolidated actions brought
pursuant to section 120.57, Florida Statutes, styled TOWN OF
GOLDEN BEACH; and LISA LOWRANCE; and HARVEY OXENBERG,
petitioners, versus STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION; and METROPOLITAN DADE COUNTY, by and through THE
DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT, respondents, in
the State of Florida Division of Administrative Hearings, DOAH
Case Nos. 94-006791, 94-006792, and 94-006793, desire to resolve
the Petitioners' administrative challenges to Coastal
Construction Permit No. DBS9A0327, issued September 23, 1993.
This Settlement Agreement is entered by, between and on behalf of
the parties, pursuant to the terms and conditions set forth
hereinafter.
It is agreed and understood that this agreement shall have
no res judicata or collateral estoppel effect as to any action or
proceeding other than Petitioners' administrative challenges to
Coastal Construction Permit No. DBS9A0327, issued September 23,
1993. Moreover, this Settlement Agreement shall not be admissible
in any action, proceeding, or dispute, for any purpose, under any
circumstances, except in an action to enforce this agreement. It
is further agreed and understood that all causes of action, other
than Petitioners' administrative challenges to Coastal
Construction Permit No. DBS9A0327, shall remain in full force and
effect. Petitioners retain any and all causes of action which
they now have or may have in the future other than Petitioners'
administrative challenge to Coastal Construction Permit No.
DBS9ZA0327, issued September 23, 1993. Respondents and Intervenor
City of Miami Beach retain any and all defenses which they now
have or may have in the future other than those based upon
Petitioners I administrative challenges to Coastal Construction
Permit No. DBS9A0327 and this Settlement Agreement.
The State of Florida, through the Department of
Environmental Protection (DEP) , and Metropolitan Dade County,
through the Department of Environmental Resources Management
(DERM) , the city of Miami Beach, the Town of Golden Beach, Lisa
Lowrance and Harvey Oxenberg hereby stipulate to the following
terms in settlement of the above-referenced consolidated
administrative challenges to Coastal Construction Permit No.
DBS9A0327:
1. The Petitioners, Town of Golden Beach, Lisa Lowrance and
Harvey Oxenberg, agree to dismiss, with prejudice, their
respective administrative challenges to Coastal Construction
Permit No. DBS9A0327, issued September 23, 1993, DOAR Case Nos.
94-006791, 94-006792, 94-006793, immediately upon the execution
of this Settlement Agreement by all parties.
2. The Petitioner, Town of Golden Beach, agrees to dismiss,
with prejudice, its request for review pending before the Florida
Land And Water Adjudicatory commission, DEP RFR 94-010,
immediately upon the execution of this Settlement Agreement by
all parties.
3. The Respondents, DEP and DERM, agree that the placement
of sand along the beaches of Miami Beach and Sunny Isles, as
authorized by Coastal Construction Permit No. DBS9A0327, issued
September 23, 1993, shall proceed in the following sequence:
placement of sand on the Miami Beach Segment shall be completed
before any sand is placed on the Sunny Isles segment; and the
placement of sand on the Sunny Isles Segment shall proceed from
south to north; and in no event shall any of the permitted
activities be conducted on the northernmost 600 feet of the Sunny
Isles Segment until after the sea turtle nesting season. (April
15 - October 15).
4. The Respondents, DEP and DERM, agree that none of the
permitted activities for the project shall be allowed on any
portion of the beaches or other property of the Town of Golden
Beach.
5. The Respondents, DEP and DERM, agree to incorporate the
foregoing provisions of paragraphs 3 and 4 of this Settlement
Agreement into Coastal Construction Permit No. DBS9A0327, issued
september 23, 1993.
6. Each party shall bear its own costs and attorney's fees.
The foregoing constitutes the entire agreement as between
the parties.
EXECUTED this
day of
, 1995.
FOR THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION:
VIRGINIA B. WETHERELL
Secretary
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, FL 32399-2400
DANA M. WIEHLE
Assistant General Counsel
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
FOR METROPOLITAN DADE COUNTY:
HN W. RENFR W
irector
etropolitan Dade County
Department of Environmental
Resources Management
33 S.W. 2nd Avenue
Miami, Florida 33130-6789
FOR TOWN OF GOLDEN BEACH:
~Jtfl-<'r-- ~
Manager ~
Town of Golden Beach
One Golden Beach Avenue
Golden Beach, Florida 33160
FU)CE:
Lisa Lowrance, pro se
115 Ocean Boulevard
Golden Beach, Florida
-->-
33160
Drive
ROBERT A. DUVALL
Assistant County
stephen P. Clark
suite 2810
111 N.W. 1st street
Miami, Florida 33128-1993
~
John Pavsner
Attorney for the Town
of Golden Beach
1212 S.E. Third Avenue
Ft. Lauderdale, Florida 33316
FOR HARVEY OXENBERG:
Harvey Oxenberg, pr
191 Ocean Boulevard
Golden Beach, Florida 33160
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Richard Brown
City Clerk
1700 Convention Center Drive
City of Miami Beach,
Florida 33139