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Final - Order of Stipulated DismissalIN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI -DARE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 07 -42998 CA 30 BAYSHORE HOMEOWNERS ASSOCIATION, INC., r� Plaintiffs. --- vs' CD I CITY OF MIAMI BEACH, a Florida Municipal Corporation, c Defendant. ORDER OF STIPULATED DISMISSAL M o -IF: � WITH PREJUDICE --m Ln THIS CAUSE came before the Court on a Joint Stipulation of Dismissal in which the parties a to an Order of Dismissal on the grounds that this action has been amicably resolved. It is therefore ORDERED AND ADJUDGED that: 1. The terms of the Settlement Agreement provide for a fair and equitable resolution of the matter. 2. The Settlement Agreement, a copy of which is attached hereto as Exhibit "A ", is hereby approved and adopted in full by this court. Bayshore Homeowners Association and the City of Miami Beach are bound by the terms of the Settlement Agreement and are hereby ordered to abide by all of its terms. 3. The Court reserves jurisdiction to enforce the terms of this Order and the Settlement Agreement. DONE AND ORDERED in Miami -Dade County, Florida on this day of October 2011. C ON 'F0 R M - FE 0 OCT 2 8 2011 7ndge)Lester Langer CAuit Court Judge Circuit Court .fudge Conformed Copies to; Robert N. Hartsell, Esq. Gary Held, Esq. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI -DARE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE N0.: 07 -42998 CA 30 BAYSHORE HOMEOWNERS ASSOCIATION, INC., Plaintiffs, V5. CITY OF MIAMI BEACH, a Florida Municipal Corporation, Defendant. STIPULATED SETTLEMENT AGREEMENT THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and among the. Plaintiff, Bayshore Homeowners Association, Inc., ( "Bayshore ") and the City of Miami Beach ( "City "), to settle the case of Bayshore Homeowners Association, Inc. v. City of Miami Beach, Case No. 07 -42998 as a complete and final settlement of all claims raised in the above - styled proceeding related to the disposition and protection of lands known as "The Miami Beach Par -3 Golf Course." RECITALS WHEREAS, a settlement agreement was executed on October 14, 1995 between Citizens for Greenspace, Inc., Michael Kinerk, the City (including individual City Commissioners sitting at the time), the Greater Miami Hebrew Academy, and Daughters of Israel, Inc., regarding Case No. 92 -1594 CIV- GRAHAM (the "Greenspace Settlement Exhibit "A" Agreement "); and WHEREAS, the Greenspace Settlement Agreement and this Lawsuit involve the property known as the Par 3 Golf Course, ( "Par 3 Golf Course ") located at 2795 Prairie Avenue, Miami Beach, Florida 33140 and fully described therein; and WHEREAS, the Greenspace Settlement Agreement required that the City expressly designate the land comprising the municipal Par 3 Golf Course as "park and recreational use," and that it will not change the use or designation of the Par 3 Golf Course land without a super - majority vote by the City Commission (a "super- majority" is defined in the Greenspace Settlement Agreement as the "number of commissioners required to otherwise approve a resolution plus one additional commissioner "). WHEREAS, the parties agree that renovations and improvements to the Par 3 Golf Course are necessary and time of is of the essence to complete renovations and improvements identified by the City in City Commission Resolution 2011- 27677. WHEREAS, Bayshore is a duly registered not for profit corporation under the laws of . the State of Florida and the person(s) signing on its behalf have been duly authorized to enter into this settlement agreement by action of the corporation; and WHEREAS, the parties enter into this Settlement Agreement to resolve all disputes between them, without admitting liability for any of the claims in the Lawsuit; and WHEREAS, the parties desire to resolve and settle all pending disputes, claims and counterclaims between them allegedly arising from the Greenspace Settlement Agreement, including without limitation all claims and counterclaims that were or could have been asserted in the Lawsuit; and WHEREAS, the parties . believe it would be in their best interests and the interests of the ON citizens and residents of Miami Beach to agree to the provisions of this Settlement Agreement. NOW, 'THEREFORE, in consideration of the mutual agreements, undertakings and representations contained in this Settlement Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as. follows: 1. The foregoing recitals are true, accurate and correct and are incorporated herein by this reference. 2. The City agrees to implement renovations and improvements to the Par 3 Golf Course . substantially in accordance with the concept plan in Exhibit "A," approved by City Commission Resolution 2011 -27677 adopted June 1, 2011, and proceed with reasonable expediency. 3. The City agrees to continue to fund the, planned renovations and improvements until completion so the Par 3 Golf Course becomes and remains a viable 9 -hole golf course, unless its use or designation is amended as otherwise provided for herein. 4. The City agrees that it shall not change the use, zoning or land designation of the Par 3 Golf Course land, except as provided in this paragraph (unless conflicting provisions otherwise exist, in which event the stricter provisions shall control). The following parcel designations correspond to those subparcels identified in Exhibit "A. ": a. As to Parcels A (the Par 3 9 -hole golf course), B (the Scott Racow Open Play Area), and D (an area within the Par 3 Golf Course, temporarily used as part of the Public Works storage yard, which shall be returned to landscaped park and recreation uses), such uses shall remain as designated in this paragraph and in the plans approved by the City for renovation of the golf course by Resolution 2011 -27677 and identified in Exhibit "A ", unless the City Commission approves, by a 5/7 vote of the entire City Commission, a change to passive D recreation use(s), or the City Commission approves, by a 7/7 vote of the entire City Commission, a change to any park and recreation use(s), after a duly noticed public hearing. b. As to Parcel C (the tennis courts, tot lot, splash pad, starter and restroorn building, nine parking spaces and landscaping), such uses shall remain as designated in this paragraph and in the plans approved by the City for renovation of the golf course by Resolution 2011 -27677 and identified in Exhibit "A ", unless the City Commission approves, by a 5/7 vote of the entire City Commission, a change to any park and recreation use(s), after a duly noticed public hearing. c. As to Parcel E, the Greenspace Settlement Agreement provides that this space may be improved for parking by the Hebrew Academy, with rights of shared use for Par 3 Golf Course and other uses shown on Exhibit "A" as provided in that Agreement. 5. No later than five (5) days from execution of this Settlement Agreement by all parties, the parties (a) shall file with the Court a stipulation for dismissal with prejudice of the lawsuit, with this Settlement Agreement attached, and (b) agree to exchange mutual releases, the forms of which are attached as Exhibit `B ". 6. Bayshore agrees not to pursue any action in conflict with the provisions of this Agreement, except through modification of this Settlement Agreement in writing as provided for herein. 7. Bayshore agrees not to file, and will not encourage any Bayshore Homeowner's Association resident or any other person or entity to file, any administrative or judicial actions contrary to this Agreement. EI S. This Settlement Agreement shall be binding upon and inure to the benefit of the City of Miami Beach and the Bayshore Homeowner's Association, Inc. as well as their respective successors and assigns. 9. Any violation or breach of any of the terms of this Settlement Agreement may be. remedied solely by specific performance. The prevailing party in any proceeding seeking to enforce this Settlement Agreement or any portion hereof shall be entitled to receive from the other party court costs and reasonable attorney's fees. This paragraph also applies to any cost and fees incurred in comzection to any appeals.. 10. This Settlement Agreement may only be modified, amended or released by a written instrument executed by the Bayshore Homeowner's Association, Inc. its successors or assigns and the City of Miami Beach. 11. Invalidation of any one of these provisions by judgment of Court shall not affect any of the other provisions of this Settlement Agreement, which shall remain in full force and effect. 12. This Settlement Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. Venue to enforce this Settlement Agreement shall be in the 11 Judicial Circuit Court in and for Miami -Dade County, Florida. As to any matters set forth in the Greenspace Settlement Agreement, the federal court shall retain jurisdiction. Nothing in this Settlement Agreement is intended to supersede or conflict with the terms of the Greenspace Settlement Agreement, except for the additional provisions herein concerning a) the City's agreement to improve the Par 3 Golf Course land substantially in accordance with the approved Site Plan (Exhibit "A ") as provided in paragraphs 2 and 3 herein, and b) the voting provisions in paragraph 4 herein. 5 13. This Settlement Agreement may be executed by the patties in counterpart originals with the same force and effect as if fully and simultaneously executed in 'a single original document. 14. Each party shall bear its own. costs, including attorney fees, incurred in connection with the above - captioned case, except as otherwise provided in paragraph 9. 15. This Court shall retain jurisdiction to enforce the terms of this Settlement Agreement. 16. This Settlement Agreement shall be deemed drafted by all parties and there shall be no presumption against any party relating to the drafting of the Settlement Agreement and the language used herein. IN WITNESS WHEREOF, the parties have caused this Settlement Agreement to be duly entered into - and signed as of the day and year first written above. Ba ;sh- ,, 's As'S atiori Inc. Nazne:�'"''1�` + Title: Witnesses: t Print Name Print Name C M City cleric APPROVED AS TO FORM ANGUAGE AND U y City of Miami Beach a Florida municipal corporation By 7 �atti Herrera Bower, R F:\A7TO\HELG\LITIGATIDN\Bayshore Homeowners Assoc\Settlernent\Sflpulated settlement as approved by Commission 10-19-11,doc 7 Exhibit "A" ya' TFjIS EXH] IT t5 SUBJECT TO VERIFICATION BY I FMnGREF.N SIInD:VISIOIa o "� 5 91 CAPITAL Hv1PROVEMENTS AND PUBLIC WORMS EPARTMENTS MCCUMBEKZGOLF 10. A �, w / FAIR GRCEN SunINV15 N ' ' Putt) I reen -- '. .•' ,. Bulkhead o :- Lake .+/ .OAU� r This line should and at the �- I <ir� ;•'�'" • t , ;,, end of the two tennis " meet line that starts at and turn east LI 21 Shalt :� i!o• III yp) / ( I �, t ` � � 't * * I Iii : c41•r, ^„' Mlkvah i, * !t& I , ,. t i ••. "� r• O �+ •fit v5''dll::�.: -:�. =: •:: d % ► i ; I� �� � J � � * ,�. ':{,•`•'•,,•'.�.. ��, {,, gin: (27W ing q This line should not extend i beyond the 1 Acre Parcel G I I I Ci! I N.IhNI BEACH SEIVIOa HIGH SCHOOL 9fe, sur .Y I 1 Plan Key I Symbol Item ,w Existing Tree 72 Proposed Tree I r Jogging Trail ® e ADA Golf Path (imaginary line) 96 Concrete Sidewalk I Landscape Bed w /bedline 75 Lake Edge with Littoral Shelf 49 4 _jJ 1 94 ® Green 1 Sand Bunker 4. Hole Number 60 Fairway 3 Centerline 104 as Golf Hole 13 Parcel in temporary use Public Works. To be returned as part of Golf Course Renovations "N "'T2 �. en:�_.r,K9 eresr:u:w SvR:Y iRCNI SUAV.r 010' KKti Scorecard v—ianec Hole I Par I Back Middle Forward 1 1 3 1 72 63 51 2 1 3 1 113 96 80 3 3 1 75 60 49 4 3 1 94 81 68 5 3 136 120 60 6 3 118 104 75 7 13 86 71 55 8 3 90 78 65 9 3 67 64 49 Total 27 851 737 1 2 Scott Rakow Youth Canter Line defined by the SRYC Bulld!ng ogging LTA.) Soft Rakow Open Play Area B , owalk to Scot) Rakow uth Center Parking Lot i 1 , female Starter Building 1 150y"y PORTION or VIC PFU a em&m coLr MURS0' �, • C ', or ee or —1 mace G N. W11/1.1 u:; 1, 1 the Mikvah. Wall , .a i c 1 ` 1 � I U, I — S 3 on Swale per Settlement Q North Date: June 3,2011 Revised: September 7, 2011 Scale: 1" = 50' 0• 2V 50• 100' 250' G,0ph10 S..I.In Poet Fin C f or The miami Beach Palr=3 GOdif Course The City of Miami Beach, Florida � New CnrldrN wnw M ACME er Gree Agre i r r ' the Mikvah. Wall , .a i c 1 ` 1 � I U, I — S 3 on Swale per Settlement Q North Date: June 3,2011 Revised: September 7, 2011 Scale: 1" = 50' 0• 2V 50• 100' 250' G,0ph10 S..I.In Poet Fin C f or The miami Beach Palr=3 GOdif Course The City of Miami Beach, Florida Exhibit "B" 0 LIMITED MUTUAL RELEASE KNOW ALL MEN BY THESE PRESENTS, that Bayshore Homeowners Association, Inc., and the City of Miami Beach, for and in consideration of the terms, conditions, stipulations, and acknowledgments of the Settlement Agreement between the parties dated cCrO,e�Z M , ZOit , and for other good and valuable consideration received by all parties, the receipt and sufficiency of which are hereby acknowledged, do hereby mutually remise, release, acquit, satisfy and discharge one another for themselves, their successors, heirs, assigns, agents and attorneys of and from any and all actions, causes of action, counterclaims, suits, torts, debts, sums of money, accounts, reckonings, contracts, controversies, agreements, promises, damages, constitutional claims, tortuous interference claims, malicious prosecution claims, abuse of process claims, judgments, executions, claims and demands whatsoever, past, present and future, in law or in equity, which each had, may have had, asserted, or may have asserted against the other(s) in, on account of, or arising out of the lawsuit styled Bayshore Homeowners Association, 177c. v.. City of Miami Beach, Case No. 07 42998, in the 11"' Judicial Circuit Court in and for Miami - Dade County, Florida. Witness our hands and seals this 24 day of 0_' Print Name ), L- -L_ , 0 S Baysho;� AEI me ner so ation, Inc. B' Title: j teFAs Witnesses: / 2 Print Name VC14_ of _ 1 tU �y -s ATTES �J ORATED..' City Clerk - 9 �cH 26'� APPROVED AS TO FORM 'RD LANGUAGE AND - FO E�XE .T N -ty'A tt4rney ity of Miami Beach Florida municipal cox orat' n V ✓ atti Herrera Bo er, Mayor F:\ATTO \HELG \LITIGATION \Bayshore Homeowners Assoc\Settlement \Mutual Release 10- 13- 2011.doc