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Settlement Agreement with Normandy Living, LLC Pta SO 22 % 3 or,,,„Ve/ SETTLEMENT AGREEMENT This Se lement Agreement ("Settlement Agreement") is made and entered into this to - day of�, 2016 by and between the City of Miami Beach, a Florida municipal corporation (hereinafter "City") and Normandy Living, LLC, a Florida limited liability company (hereinafter "Normandy"), collectively referred to as "the Parties." RECITALS WHEREAS, on August 31, 2016, the City's Planning Director, through the City Attorney, issued a zoning determination that Normandy's application to the City's Planning Board to modify a conditional use permit ("CUP") for an adult congregate living facility ("ACLF") at 1904 Marseille Drive and 7100 Rue Granville, and to expand the use onto 1915 Normandy Drive in Miami Beach (the "Application") does not meet the definition of an ACLF under the City Code (altogether, the "Zoning Determination"); and WHEREAS, the Zoning Determination stated that, "[p]ursuant to Article I, Section 2 of the Related Special Acts and City Code Section 118-9(b)(2)(A)(ii), the Planning Director's administrative determination set forth [therein] may be appealed to the Board of Adjustment within 30 days..."; and WHEREAS, Normandy filed an administrative appeal of the Zoning Determination to the City's Planning Board (the "Appeal"); and WHEREAS, the jurisdiction of either the Board of Adjustment or the Planning Board to hear the Appeal is the subject of pending litigation in Normandy Living, LLC v. City of Miami Beach, Eleventh Judicial Circuit Case No. 2016-23618 CA 06 (the "Litigation"); and WHEREAS, the Parties now desire to resolve the underlying Litigation; and WHEREAS, as a condition of the City agreeing to settle the Litigation and placing the Appeal on the November 15, 2016 Planning Board agenda, Applicant and the City have agreed to enter into a Hold Harmless Agreement, which is attached hereto as Exhibit"A". NOW THEREFORE, in consideration of the promises set forth herein and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: I. RECITALS The foregoing Recitals are true and correct and incorporated herein by reference. II. AGREEMENT TO SETTLE The Parties agree that, upon execution of this Settlement Agreement and the Hold Harmless Agreement, attached hereto as Exhibit "A," Normandy shall file with the Court a voluntary dismissal with prejudice of the Litigation with the Court to retain jurisdiction to enforce the terms of the settlement, and the City shall proceed with the Appeal on the November 15, 2016 Planning Board agenda. III. ADDITIONAL DOCUMENTS The Parties agree to cooperate fully and execute any and all supplementary documents and take all additional actions which may be necessary or appropriate to give full force and effect to the basis and intent of this Settlement Agreement. IV. ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST This Settlement Agreement contains the entire agreement between the Parties. This Agreement replaces any prior or contemporaneous written or oral representation or understanding about any settlement between the Parties. This Settlement Agreement may not be changed except in writing signed by the Parties, or their respective attorneys. This Settlement Agreement shall be binding on all and shall inure to the benefit of the respective successors and assigns, if any, of each party. This Settlement Agreement may be executed in any number of counterparts, including facsimile or scanned counterparts, with the same effect as if the Parties had signed the same document. All counterparts shall be construed together and constitute the same instrument. V. GOVERNING LAW This Settlement Agreement is being consummated in the State of Florida, and the performance by the Parties hereto is in the State of Florida. This Settlement Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The venue for any legal proceeding of any nature brought by either party against the other to enforce any right or obligation under this Settlement Agreement, or rising out of any matter pertaining to this Settlement Agreement shall be in Miami-Dade County, Florida. The Parties warrant to each other that they have read this Settlement Agreement and that each has been represented by counsel before signing this Settlement Agreement. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK [Signature pages to follow] 2 IN WITNESS WHEREOF, the Parties have set their hands and seals on the day and date first written above. Attest: / CITY OF MIAMI EACH i By: I I 1 . By: '111 Ra ael E. Granado y . orales City Clerk �������m�� •�ty Manager miN EA c '440 Attest: \ 4 .. ... . ORMANDY LIVING, LLC q R CN ___--- hVuvme. !_ . By: By: ..... L.'7A- S. S °Iv IAA/llv4 2 Print Name and Title Print Name and Title APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION LiZLVZ-0/ City Attorney � Dote 3