2016-29613 Reso RESOLUTION NO. 2016-29613
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,AUTHORIZING THE CITY
ATTORNEY TO FINALIZE SETTLEMENT NEGOTIATIONS AND
DRAFT A SETTLEMENT AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND NORMANDY LIVING, LLC, AND
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE SUCH SETTLEMENT AGREEMENT IN ORDER TO
SETTLE ALL OUTSTANDING CLAIMS IN THE LITIGATION
STYLED NORMANDY LIVING, LLC V. CITY OF MIAMI BEACH,
ELEVENTH JUDICIAL CIRCUIT CASE NO. 2016-23618 CA 06.
WHEREAS, on August 31, 2016, the City's Planning Director, through the City Attorney,
issued a zoning determination that Normandy Living, LLC'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.
NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize
the City Attorney to finalize settlement negotiations between the City of Miami Beach and Normandy
Living, LLC, and authorize the City Manager and City Clerk to execute such settlement agreement in
order to settle all outstanding claims in the litigation styled Normandy Living, LLC v. City of Miami
Beach, Eleventh Judicial Circuit Case No. 2016-23618 CA 06.
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PASSED and ADOPTED this •a i1 \� u.. 2016. 400,
. 6414
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Rafael ' . Granado, City Clerk 0 = pRN1ED
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