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2001-24400 RESO / RESOLUTION NO. 2001-24400 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING A SETTLEMENT BETWEEN THE CITY OF MIAMI BEACH AND AMERICAN RIVIERA REAL ESTATE COMPANY, AND PALM COURT AT 23RD STREET, LTD., (PALM COURT, INC., GENERAL PARTNER), AUTHORIZING THE EXECUTION OF ANY AND ALL NECESSARY DOCUMENTS. WHEREAS, the City of Miami Beach filed an eminent domain case against American Riviera Real Estate Company, and Palm Court at 23rd Street, Ltd. (Palm Court, Inc., general partner) for the acquisition of the following legally described property: Lots 4 and 6, Block 2, MIAMI BEACH IMPROVEMENT COMPANY SUBDNlSlON, as recorded in Plat Book 5, Page 7, of the Public Records of Miami-Dade County, Florida, also known as Lots 4 and 6, Block 2, AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, according to the plat thereof, as recorded in Plat Book 5, Page 7, ofthe Public Records of Miami-Dade County, Florida in City of Miami Beach vs. American Riviera Real Estate Company. et al. Eleventh Judicial Circuit Court Case No. 99-2418 CA 06, General Jurisdiction; and WHEREAS, all parties in the above-referenced case ("Parties") desire to settle the case to avoid further costs and risks ofJitigation, with the understanding and agreement ofthe Defendants that the settlement or this Resolution shall in no event be construed or deemed to be evidence, or an admission on the part of the City to the contrary and without conceding any infirmity in its claims; and WHEREAS, the Parties consider it desirable that the action be disposed of oil the terms and conditions set forth in the proposed Stipulated Order of Taking and Final .f.!!ggment attached hereto as Exhibit "A", in order to avoid further expense and to dispose of protracted litigation; and WHEREAS, the City Attorney and Special Counsel, Tom Goldstein, recommend that it is in the best interest of the City to resolve this case; and WHEREAS, the Parties have agreed to the terms and conditions as set forth in the proposed Stipulated Order of Taking and Final Judgment attached hereto as Exhibit "A". NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1: That the City Commission approves the proposed Stipulated Order of Taking and Final Judgment attached hereto as Exhibit "A". Section 2: That the City Commission hereby authorizes all necessary City personnel and special counsel to sign the Joint Motion requesting the Court to enter the Stipulated Order of Taking and Pinal Judgment. PASSED and ADOPTED this 30th day of May ,2001. ATTEST: ~~r e~cl~ CITYCL~RK . F:\ATTO\DIXR\RESO\AMRlV.WPD IT' :: It'. " "I k . r:/.) (") ~'. "; , . '~I, ..~H'>-" NPRO.&AI'IO FORM&LANGUAGI & FORIOOiCUllON 11~'p{ .<;-t;...rl/ IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY GENERAL JURISDICTION DIVISION NO. 99-2418 (CA 06) CITY OF MIAMI BEACH, a Florida municipal corporation, Petitioner, vs. AMERICAN RIVIERA REAL ESTATE COMPANY, a FloridaR<f,orporation, and PALM COURT AT 23 STREET, LTD., a Florida limited partnership, et aI., Defendants. / STIPULATED ORDER OF TAKING AND FINAL JUDGMENT THIS CAUSE coming on upon the joint motion for the entry of an Order of Taking and Final Judgment made by the Petitioner, CITY OF MIAMI BEACH, and the Defendants, AMERICAN RIVIERA REAL ESTATE COMPANY, a Florida corporation, and PALM COURT AT 23RD STREET, LTD., a Florida limited partnership, as to property located at 211 22"d Street, Miami Beach, Florida, legally described as: Lots 4 and 6, Block 2, MIAMI BEACH IMPROVEMENT COMPANY SUBDIVISION, as recorded in Plat Book 5, Page 7, Public Records of Miami-Dade County, Florida, also known as Lots 4 and 6, Block 2, AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as recorded in Plat Book 5, Page 7, Public Records of Miami-Dade County, Florida; and it appearing that the parties were authorized to enter into such motion, and the Miami Beach vs. American Riviera Real Estate Co., et al. Case No. 99-2418 (CA 06) Page No.2 Court finding that the compensation to be paid by the Petitioner is full, just and reasonable for all parties concerned, and the Court being otherwise fully advised in the premises, it is now, therefore ORDERED and ADJUDGED as follows: 1. That this Court has jurisdiction of the subject matter of and the parties to this cause. 2. That the pleadings in this cause are sufficient and the Petitioner is properly exercising its delegated authority. 3. That upon recordation of this Stipulated Order of Taking and Final Judgment and payment of the amount hereinafter specified into the Registry of the Court, fee simple title to the Property, as described in the legal description herein, shall vest in the Petitioner, City of Miami Beach. 4. That the Defendants do have and recover of and from the Petitioner the sum of One Million Five Hundred Thousand ($1,500,000) Dollars, in full payment for the property taken, inclusive of severance damages and any other claims, excluding attorney's fees and reasonable costs. 5. That the Defendant, Palm Court at 23'd Street, Ltd., will receive from the Petitioner, City of Miami Beach, the following: a. Eighteen (18) parking decals will be provided for 28 months, without charge, (representing a value of $30,000). Nine (9) of the Miami Beach vs. American Riviera Real Estate Co., et aJ. Case No. 99-2418 (CA 06) Page No.3 eighteen (18) parking decals shall be for the Collins Avenue parking lot located at 22nd Street and the remaining nine (9) parking decals shall be for on-Street parking adjacent to the Palm Court Building. After the 28 months, Palm Court would be responsible to acquire the decals at whatever the City's then current monthly rate for its parking decals. Palm Court would be responsible for the renewal process and the payment of required fees; however, the City acknowledges that the decals will be available for a period of not less than twelve (12) years. b. Two (2) ramping spaces consisting of 20 feet each for a total of 40 feet to be located at the Northeast corner of Liberty Avenue and 23'd Street directly in front of the Palm Court building will be provided for a period of 2,700 days, without charge, (representing a value of $54,000). Said space is presently available at $10 per day or approximately $300 per month ($300 x 2 = $600 x 12 = $7200 x Miami Beach vs. American Riviera Real Estate Co., et at Case No. 99-2418 (CA 06) Page No.4 7.5 = $54,000). Palm Court would be responsible to acquire the ramp space after the 2,700 days at whatever the then current City rate for ramp space; however, the City acknowledges that the ramp spaces will be available for a period of not less than twelve years. 6. That Petitioner shall pay the total sum of Two Hundred Forty-Five Thousand ($245,000) Dollars as payment for all attorney's fees incurred by both Defendants in the defense of this cause, and upon the deposit of funds hereinafter provided for, the Clerk of this Court shall issue a check for said amount to Brigham Moore, LLP Trust Account 7. That the Petitioner shall pay the total sum of Two Hundred Twenty-Five ($225,000) Dollars as payment for all reasonable costs incurred by both Defendants in the defense of this cause, and upon the deposit of funds hereinafter provided for, the Clerk of this Court shall issue a check for said amount to Brigham Moore, LLP Trust Account 8. That the Petitioner shall deposit the sum of One Million Nine Hundred Seventy Thousand ($1,970,000) Dollars in the Registry of this Court within ten (10) days from the date of entry of this Order of Taking and Final Judgment 9. That the Clerk of this Court shall forthwith pay from the funds deposited Miami Beach vs. American Riviera Real Estate Co.. et aL Case No. 99-2418 (CA 06) Page No, 5 into the Registry of the Court, to the Tax Collector of Miami-Dade County the 1999 and 2000 delinquent and the 2001 prorated real estate taxes through the date of this Order on the Property (Folio No. 02-3226-001- 0470), which are due and owing in the sum of $25,960.25. If all or part of these taxes are paid prior to said disbursement, the Clerk's disbursement for taxes shall be reduced or eliminated accordingly. 10. That upon the deposit as set forth above in paragraph 8 and without further notice or Order of this Court, the Petitioner shall be entitled to immediate possession of the Property. 11. That this Court shall retain jurisdiction in this cause to determine the rights of the said Defendant owner and lessee, and mortgagees, judgment creditors, lienholders and other claimants with respect to the amount to be paid pursuant to Paragraph 4 above and to enforce the terms of this Stipulated Order of Taking and Final Judgment. 12. Petitioner and Defendants do hereby agree to voluntarily dismiss with prejudice American Riviera and Palm Court vs. City of Miami Beach, Case No. 00-01322 (CA 05), and American Riviera vs. City of Miami Beach, Special Master Appeal No. 1108. Defendants, their successors and assigns, and Ron Bloomberg, individually and as an officer of American Riviera Real Estate Company and Palm Court, Inc., general partner of Palm Court at 23rd Street Ltd., release, acquit and forever discharge the Miami Beach VS. American Riviera Real Estate Co., et at Case No. 99-2418 (CA 06) Page No.6 City of Miami Beach and the City of Miami Beach Redevelopment Agency, their past, present and future agents, servants, successors, heirs, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of actions, demands, rights, damages, costs, expenses and compensation whatsoever, which they now have or which they may hereafter accrue on account of or in any way growing out of the use of the Property as a regional library, including but not limited to any and all applications for or granting of governmental approvals and construction of the regional library, or any and all zoning, comprehensive development plan, parking or any other issue that would impede, delay or prevent the design, construction or operation of the regional library. DONE and ORDERED in Chambers at Miami, Miami-Dade County, Florida, this _day of May, 2001. CIRCUIT COURT JUDGE Copies furnished to: Thomas Goldstein, Esquire Mark Tobin, Esquire Brad Gould, Esquire Robert Dixon, Esquire James Kracht, Esquire CITY OF MIAMI BEACH vs. AMERICAN RIVIERA Case No. 99-02418 (CA 06) Stipulated Order of Taking and Final Iudgment Page 7 of 7 JOINT MOTION The parties, by and through their undersigned counsel, who are authorized to settle this cause, and hereby do settle this cause as set forth in the above final judgment, respectfully move for the entry of the foregoing Stipulated Order of Taking and Final Judgment this ~O ff day '-' of May, 2001. Thomas Goldstein, Esquire Special Counsel for Petitioner Florida Bar No. 180724 2810 Stephen P. Clark Center 111 N.W. First Street Miami, Florida 33128-1993 (305) 375-5151/5303 ~ e . Schuster, E Florida Bar No. 19466 Brigham Moore, LLP Attorneys for American Riviera 203 S.W. 13 Street Miami, Florida 33130 (305) 858-2400 ~e~~~~ ~ Florida Bar No. 966150 Shutts & Bowen Attorneys for Palm Court at 23'd Street, Ltd. First Union Center, Suite 2000 200 East Broward Boulevard Fort Lauderdale, Florida 33301 (954) 524-5505 ~~~~ - Officer and Representative of American Riviera Real Estate Company F TUESOAY, MAY 29, 2001 The Herald 58 J 'CITY OF MIAMI BEACH """ NOTICE OF A SPECIAL f....W CITY COMMISSION MEETING ~ NonCE I.S HEREBY given that the City Commission of the City of Miami Beach,. : Florida. WIll hold a Special City Commission Meetin!jl in tt1e Commission Chalnben, . 3rd noor, City Hall, 1700 ConventiOn Center Drrve. Miami Beach, Aorida, on Wednesday, May 30, 2001. commencing at 10:00 8.m.. to discuss settlement or City of MiJ'lml BA:lch V!: American Rivi9l'l!l Real EstatA Cnmn:'lnv At al.. eleventh Judicial Circuit Court Case Number 99-2418 CAD6. This case is an eminent domain - proceeding concerning property located at 211 22nd Street, Miami Beach, Rorida. ' Inquiries concerning this meeting should be directed to the City Manager's office at (30S) 673-7010. This meeting may be opened and continued and, under such circumstances, additlonallegal notice would not be provided. . ALL PEflSONS are in\lited to attend this meeting or be represented by an agent, or. . to express their views in writing to the City Commission. cia the City Clerk, 1700. . Convention Center' Olive. 1st floor, Miami Beach, Florida 33139{ . Robert e. parcher, City Clerk _ .. City of Miami Beach Pursuant to Section 286.0105, Fla. Stat, the City hereby advises the public that if a. . person decides to appeal any decision made by the City Commission with respect to - any matter consiclered at its meeting or its hearing, such person must ensure that a '. verbatim record of the proceedings is made, whiCh record Includes ttle testimony and . . evidence upon which the appeai is to be based. This notice does not constitute . consent by the City for the intrOduction or admission of otherwise inadmissible or. ... irrelevant evidence, nor does it authori%e challenges or appeals not otherwise aIlowed.~ bylaw. IN ACCORDANCe WITH THE AMERICANS WITH OlSA81UT1ES ACT OF 1990. PERSONS NEEDING SPECIAL ACCOMMOOATION TO PARTICIPATE IN THIS . PROCEEOING SHOULD CONTACT THE CIlY CLERK'S OFFICE NO LATER THAN' , FOUR DAYS PRIOR TO THE PROCEEDING. TELEPHONE (305) 673.7411 FOR .. ASSISTANCE; IF HEARING iMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICE. . NUMBERS, (SOO) 955.8771 (TOO) OR (800) 955.8770 (VOICE), FOR ASSISTANCE. . ~d NO. 0026 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 hllp:\\ci.miami-beach.ft.us ~. L.T.C. No.-/.flltL.dm I LETTER TO COMMISSION May 25, 2001 TO: Mayor Neisen O. Kasdin and Members of the City Commission FROM: Jorge M. Gonzalez A~ City Manager U I SUBJECT: NOTICE OF A SPECIAL COMMISSION MEETING A Special City Commission Meeting will be held on Wednesday May 30, 2001, commencing at 10:00 a.m., in the City Commission Chambers. The purpose of this meeting is to discuss settlement of City of Miami Beach vs. American Riviera Real Estate Company, et al., Eleventh Judicial Circuit Court Case Number 99-2418 CA06. This case is an eminent domain proceeding concerning property located at 211 22nd Street, Miami Beach, Florida. Please let me know if you have any questions. JMG:ptw c: Murray H. Dubbin, City Attorney Christina M. Cuervo, Assistant City Manager Mayra Diaz Buttacavoli, Assistant City Manager Bob C. Middaugh, Assistant City Manager Tim Hemstreet, Special Assistant to the City Manager Mary Greenwood, Executive Assistant to the City Manager Ronnie Singer, Executive Assistant to the City Manager Bob Parcher, City Clerk Ramiro Inquanzo, Chief of Staff Department Directors f:/cmgr/$all/cmgr/ltc-O 1 /reviera.mtg OFFICE OF THE CITY ATTORNEY ce~ o!J/fiomi 11- F L o R o A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. 839-01 TO: Mayor Neisen O. Kasdin and Members of the City Commission DATE: May 30, 2001 FROM: Murray H. Dubbin ofi/-..- City Attorney SUBJECT: Discuss Settlement of City of Miami Beach vs. American Riviera Real Estate Company. Eleventh Judicial Circuit Court Case No. 99-2418 CA06, General Jurisdiction. Please add the above captioned matter to the Commission Agenda. 1700 Convention Center Drive -- Fourth Floor -- Miami Beac Agenda Item --.m 0 g Date 5-30- 01 200/- 2.YVOo CITY OF MIAMI BEACH ~ Interoffice Memorandum To: Robert Parcher City Clerk Date: June 5, 2001 From: Robert Dixon Deputy City Attorney Subject: City of Miami Beach v. American Riviera Real Estate Company et al. Case No. 99-2418 CA 06 Accompanying please find a certified copy of the Stipulated Order of Taking and Final Judgment entered in the above-referenced case on May 30, 2001. RD/ag ~. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY GENERAL JURISDICTION DIVISION NO. 99-2418 (CA 06) , CITY OF MIAMI BEACH, a Florida municipal corporation, Petitioner, . ~. vs. AMERICAN RIVIERA REAL ESTATE COMPANY, a Florida lfPrporation, and PALM COURT AT 23R STREET, LTD., a Florida limited partnership, et aI., Defendants. / STIPULATED ORDER OF TAKING AND FINAL JUDGMENT " r- '" ~ CI'! -- t::r) ~~_:; C'c OMC :c/;')=+ _.0 r-~::; ::zt......,-;. .......,. ~.-';:5 ..,-. r-- >- . r; "'"t1l 3: r== %>0 IT! -< 0 W ., C) g -0 .-:V :x "'1 w .. , 2: +:- ;:1<' W '" THIS CAUSE coming on upon the joint motion for the entry of an Order of Taking and Final,Judgment made by the Petitioner, CITY OF MIAMI BEACH, and the Defendants, AMERICAN RIVIERA REAL ESTATE COMPANY, a Florida corporation, \' . and PALM COURT AT 23RD STREET, LTD., a Florida limited partnership, as to property located at 211 22nd Street, Miami Beach, Florida, legally described as: Lots 4 and 6, Block 2, MIAMI BEACH IMPROVEMENT COMPAN'f'SUBDIVISION, as recorded in Plat Book 5, Page 7, Public Records of Miami-Dade County, Florida, also known as Lots 4 and 6, Block 2, AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as recorded in Plat Book 5, Page 7, Public Records of Miami-Dade County, Florida; and it appearing that the parties were authorized to enter into such motion, and the A TRUE COpy CERTIFICATION ON :AST f>AGI HARm RUVIN, Cl1nKi Miami Beach vs. American Riviera Real Estate Co., et at. Case No. 99-2418 (CA 06) Page No.2 , Court finding that the compensation to be paid by the Petitioner is full, just and reasonable for all parties concerned, and the Court beQng otherwise fully advised in the premises, it is now, therefore ORDERED and ADJUDGED as follows: 1. That this Court has jurisdiction of the subject matter of and the parties to this cause. 2. That the pleadings in this cause are sufficient and the Petitioner is properly exercising its delegated authority. 3. That upon recordation of this Stipulated Order of Taking and Final Judgment and payment of the amount hereinafter specified into the Registry of the Court, fee simple title to the Property, as described in the legal description herein, shall vest in the Petitioner, City of Miami Beach. 4. That the Defendants do have and recover of and from the Petitioner the \i sum of One Million Five Hundred Thousand ($1,500,000) Dollars, in full payment for the property taken, inclusive of severance damages and any other claims, excluding attorney's fees and reasonable costs. . 5. That the Defendant, Palm Court at 23rd Street, Ltd., will receive from the Petitioner, City of Miami Beach, the following: a. Eighteen (18) parking decals will be provided for 28 months, without charge, (representing a value of $30,000). Nine (9) ofthe A TH.UE COP.,. . CERTIFICATION ON LAST PA~ HARVlY RUVIN. CLERKt.,. , \' Miami Beach vs. American Riviera Real Estate Co., et al. Case No. 99-2418 (CA 06) Page No.3 eighteen (18) parking decals shall be for the Collins Avenue parking lot located at 22nd Street and the remaining nine (9) parking decals shall be for on-Street parking adjacent to the Palm Court Building. After the 28 months, Palm Court would be responsible to acquire the decals at whatever the City's then current monthly rate for its parking decals. Palm Court would be responsible for the renewal process and the payment of required fees; however, the City acknowledges that the decals will be available for a period of not less than twelve (12) years. b. Two (2) ramping spaces consisting of 20 feet each for a total of 40 feet to be located at the Northeast corner of Liberty Avenue and 23M Street directly in front of the Palm Court building will be provided for a period of 2,700 days, without charge, (representing a value of $54.000). Said space is presently available at $10 per day or approximately $300 per month ($300 x 2 = $600 x 12 = $7200 x A THUE COPY CERTIFICATION ON LAST P^~ HARVEY RUVIN, CLERK'; ':' Miami Beach vs. American Riviera Real Estate Co., et al. Case No. 99-2418 (CA 06) Page No.4 , 7.5 = $54,000). Palm Court would be responsible to acquire the ramp space atier the 2,700 days at whatever the then current City rate for ramp space; however, the City acknowledges that the ramp spaces will be available for a period of not less than twelve years. 6. That Petitioner shall pay the total sum of Two Hundred Forty-Five Thousand ($245,000) Dollars as payment for all attorney's fees incurred by both Defendants in the defense of this cause, and upon the deposit of funds hereinafter provided for, the Clerk of this Court shall issue a check for said amount to Brigham Moore, LLP Trust Account. 7. That the Petitioner shall pay the total sum of Two Hundred Twenty-Five \' ($225,000) Dollars as payment for all reasonable costs incurred by both Defendants in the defense of this cause, and upon the deposit of funds hereinafter provided for, the Clerk of this Court shall issue a check for said amount to Brigham Moore, LLP Trust Account. .' 8. That the Petitioner shall deposit the sum of One Million Nine Hundred Seventy Thousand ($1,970,000) Dollars in the Registry of this Court within ten (10) days from the date of entry of this Order of Taking and Final Judgment. 9. That the Clerk of this Court shall forthwith pay from the funds deposited 11 TRUE COpy CERTIFICATION ON lAST-~ HARVEY fiUVIN. CtElIll .. Miami Beach vs. American Riviera Real Estate Co., et al. Case No. 99-2418 (CA 06) Page No.5 , into the Registry of the Court, to the Tax Collector of Miami-Dade County the 1999 and 2000 delinquent and the 2001 prorated real estate taxes through the date of this Order on the Property (Folio No. 02-3226-001- 0470), which are due and owing in the sum of $25,960.25. If all or part of these taxes are paid prior to said disbursement, the Clerk's disbursement for taxes shall be reduced or eliminated accordingly. 10. That upon the deposit as set forth above in paragraph 8 and without further notice or Order of this Court, the Petitioner shall be entitled to immediate possession of the Property. 11. That this Court shall retain jurisdiction in this cause to determine the rights of the said Defendant owner and lessee, and mortgagees, judgment creditors, lienholders and other claimants with respect to the amount to be \' paid pursuant to Paragraph 4 above and to enforce the terms of this Stipulated Order of Taking and Final Judgment. 12. Petitioner and Defendants do hereby agree to voluntarily dismiss with prejudice American Riviera and Palm Court vs. City of Miami Beach, Case .' No. 00-01322 (CA 05), and American Riviera vs. City of Miami Beach, Special Master Appeal No. 1108. Defendants, their successors and assigns, and Ron Bloomberg, individually and as an officer of American Riviera Real Estate Company and Palm Court, Inc., general partner of Palm Court at 23rd Street Ltd., release, acquit and forever discharge the 'A TRUE COPY- ,. CERTifiCATION ON lAST PAt;." HARV\:Y RUVIN. ClEtlK Miami Beach vs. American Riviera Real Estate Co., et al. Case No. 99-2418 (CA 06) Page No.6 , City of Miami Beach and the City of Miami Beach Redevelopment Agency, , their past, present and future agents, seivants, successors, heirs, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of actions, demands, rights, damages, costs, expenses and compensation whatsoever, which they now have or which they may hereafter accrue on account of or in any way growing out of the use of the Property as a regional library, including but not limited to any and all applications for or granting of governmental approvals and construction of the regional library, or any and all zoning, comprehensive development plan, parking or any other issue that would impede, delay or prevent the design, construction or operation of the regional library. DONE and ORDERED in Chambers at Miami, Miami-Dade County, Florida, this ~day of May, 2001. ." ~1i,~ CUlT URT JUDGE Nf( N. bEAN ClftCUtT JUDGE Copies furnished to: Thomas Goldstein, Esquire Mark Tobin, Esquire Brad Gould, Esquire Robert Dixon, Esquire James Kracht, Esquire STATE OF FLORIDA, COUNTY OF DADE I HEREBY CERTIFY that the for.eioJ~ Is,f ....e""Mrect copy of tile orl,inJlonfi1einthlsoff1ce.~D HARVEY RUVIN Clerk, of Circu' a C nty Courts <Deputy Clerk , . CITY OF MIAMI BEACH vs. AMERICAN RIVIERA Case No. 99-02418 (CA 06) Stipulated Order of Taking and Final Judgment Page 7 of 7 JOINT MOTION , The parties, by and through their undersigned counsel, who are authorized to settle this cause, and hereby do settle this cause as set forth in the above final judgment, respectfully move for the entry of the foregoing Stipulated Order of Taking and Final Judgment this~ ~~ay of May, 2001. ~ =M ""ldm"" ",q""" Special Counsel for Petitioner Florida Bar No. 180724 2810 Stephen P. Clark Center 11 I N.W. First Street Miami, Florida 33128-1993 (305) 375-5151/5303 .' ~G-2' FloridalBar No. 966150 Shutts & Bowen Attorneys for Palm Court at 23rd Street, Ltd. First Union Center, Suite 2000 200 East Broward Boulevard Fort Lauderdale, Florida 33301 (954) 524-5505 . dre H. Sc stet, s Florida Bar No. 194660 Brigham Moore, LLP Attorneys for American Riviera 203 SW. 13 Street Miami, Florida 33130 (305) 858-2400 '--/ m erg, Individually and as Officer and Representative of American Riviera Real Estate Company