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2017-30074 Resolution RESOLUTION NO. 2017-30074 AR RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONCILIATION AGREEMENT/VOLUNTARY COMPLIANCE AGR AGREEMENT BETWEEN THE CITY AND NORMANDY LIVING, LLC, IN THE MATTERS ENTITLED: (1) ANDY LIVING LLC V. CITY OF MIAMI BEACH UNDER UNITED NORM , STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) UNDER CASE NUMBERS: 04-17-7816-8; 04-17-7816-4 AND 04-17-7816-9; NORMANDY LIVING, LLC, V. THE CITY OF MIAMI BEACH, ET AL., AND (2) UNDER CASE NO.: 17-2060-CA-10; CURRENTLY PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. WHEREAS, onMay2016, 4, Normandy Living, LLC ("Normandy Living") filed an Application with the City to modify an existingconditional use permit ("CUP") to allow it operate an adult congregate living facility ("ACLF" or "ALF") at 1904 Marseille Drive and 7100 Rue Granville, and to expand the use onto 1915 NormandyDrive in Miami Beach, Florida (the "Property"); and WHEREAS, theproposed osed ACLF, was actually a "detox" facility use, which facility is used as p the first step in coming off of narcotics or alcohol; the intended use would be for the first 4 to 14 days of ap erson addicted to drugs or alcohol detoxify at the above location; and WHEREAS, on Aug ust 31, 2016, the City issued an Administrative and Jurisdictional as to NormandyLiving's Application and found that it did not meet the Determination ("Determination") City's definition of an ALCF; and WHEREAS, NormandyLiving appealed a ealed the City's Determination to the Planning Board, which upheld the findings contained in the Determination that it did not meet the City's definition of an ACLF; and upheld after the PlanningBoard u held the City's Determination, Normandy Living filed a initiated related civil action, styled Normandy Living, LLC, v. The City of Miami HUD Complaint and a Y Case No.: 17-2060-CA-10, in the Eleventh Judicial Circuit in and for Miami Dade Beach, et al., Cas County, Florida, alleging that the City, and individual employees, should be estopped from precluding the detox/ACLF use at the above location, and asked the Court to award monetary damages; and WHEREAS, on April 17, 2017, Normandy Living filed a separate complaint with HUD and the U.S. Department of Justicealleging alle in that the City discriminated against it under the Fair Housing Act, in and CommunityDevelopment Act, and the American with Disabilities Act; Rehabilitation Act, Housing and p WHEREAS, the administrative complaint was filed under the following HUD case numbers: 04-17-7816-8, Section 504 Case No. 04-17-7816-4, ADA Case No. 04-17-7816-D, Section 109 Case No. 04-17-7816-9; and WHEREAS, Normandy Living, LLC also filed an original action entitled Normandy Living, LLC v. City of Miami Beach, et al., Case No. 17-2060-CA-10, (Fla. 11th Judicial Circuit 2017), alleging monetary damages against the City, the Planning Board, and individual members of the ' that the Cityshould be estopped from denying Normandy Living's application administration, claiming for a conditional use approval to operate a detox/ACLF on the Property; and WHEREAS, without admittingfault, liability, or responsibility for Normandy's alleged damages, the City Attorney's Office believes that it would be in the City's best interest to voluntarily settle this controversy and resolve this matter without the necessity of an evidentiary hearing or other judicial process available under the laws cited above; and September 25, 2017, and October 18, 2017, the Mayor and City Commission WHEREAS, on p • and I two Closed Attorney-Client Sessions to discuss litigation strategy and settlement, held Y WHEREAS, pursuant to that discussion and direction, the parties have entered into a tentative Conciliation Agreeme nt/Voluntary Compliance liance Agreement between the City and Normandy Living, LLC, subject to approval Mayor bythe Ma or and City Commission and HUD which conciliation agreement is attached hereto as Exhibit 1. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: that the Mayor and City Commission authorize the Mayor and City Clerk to execute a Conciliation hereby approve and Y Ag rery Compliance � ement/Volunta Agreement between the City and Normandy Living, LLC, in the Living,entitled: (1) NormandyLivin , LLC v. City Of Miami Beach under the United States p Department Of Housing And Urban Development (HUD) Case Numbers: 04-17-7816-8; 04-17-7816- 4 and 04-17-7816-9; and (2) Normandy Living, LLC, v. the City Of Miami Beach, et al., under Case No.: 17-2060-CA-10. dayof October, 2017. ADOPTED this 31 .�- PASSED and , s• / y / ATTEST: • " • i , i Mayor /43/11 Ali ..Y ms's R ael Granado, City Clerk ..4: ,,:\ rI "7•• `` ,) 77- • ~... ,.,-;•:.-3----, 'r • -�� '. f VA '4:-.'>. 1 ,7 00.: i ' \ 0?\ .: Lno!• *-...\\,\C,C0)\ 4, . , ,NVVVII •-• O'N/ A Z,,e,,i4 ... "...„:; • • a- NA, 7A.."..,.....** C.,. ._. APPROVED AS TO vg 1 FORM&LANGUAGE I ,� &FOR EXECUTION 4.:L.Q.64,,,, c:- 1 b -z7-11 City Attorney Pate 2 • &OaNT op 47 rfli:S,i) 6(4 c * * ' 87 RN posy U.S. Department of Housing and Urban Development • Georgia State Office Five Points Plaza 40 Marietta Street Atlanta, GA 30303-2806 November 03,2017 City of Miami Beach-Planning Department • C/o Thomas Mooney,Planning Director . 1700 Convention Center Drive Miami Beach,FL 33139 Dear Respondent: Subject: Housing Discrimination Complaint Normandy Living,LLC v. City of Miami Beach, et al. Inquiry No. 525788 HUD Case No. 04-17-7816-8 The above-referenced housing discrimination complaint,which was filed with the U.S.Department of Housing and Urban Development(HUD), on April 17, 2017 ,has been resolved by the execution of a HUD Conciliation Agreement(Agreement), as provided under §810(b) of the Fair Housing Act of 1968, (Act) as amended [42 U.S.C. §3601 et seq.]. On October 30,2017,the Conciliation Agreement was signed and approved on behalf of the Secretary, as required under §810(b)(2) of the Act and §103.310 of HUD's regulations implementing the Act.By executing this Agreement, the parties have agreed that all issues that were raised in the above-referenced complaint are resolved. By approving this Agreement, HUD has concluded that its provisions will adequately vindicate the public interest.Accordingly,BUD has terminated its investigation, and has administratively closed the complaint, effective as of November 03,2017.A copy of the HUD-approved Agreement is enclosed for your records. This closure is not a determination on the merits of the allegations contained in the HUD complaint. • Closure Letter-Conciliation settlement successful BUD Case No. 04-17-7816-8 By executing this Conciliation Agreement,the parties have committed to comply with the provisions specifically designed to resolve the issues raised in the complaint, and to further the public interest in fair housing. Retaliation is a violation of the Fair Housing Act. Section 818 of the Act makes it unlawful to retaliate against any person because he or she has filed a housing discrimination complaint;is associated with a complainant;has counseled or otherwise assisted any person to file such a complaint; or has provided information to HUD during a complaint investigation. Section 818 also protects complainants against retaliatory acts that occur after a complainant has withdrawn, settled, or conciliated a housing discrimination complaint.Any person who believes that he or she has been a victim of retaliation for any of the reasons listed above may file a housing discrimination complaint with HUD within one(1) year of the date on which the most.recent alleged retaliatory act(s) occurred or ended. Enforcement by the Attorney General.Section 810(c) of the Act provides that whenever HUD has reasonable cause to believe that a respondent has breached a Conciliation Agreement,.HUD shall refer the matter to the Attorney General with a recommendation that a civil action be filed on behalf Of the complainant. Section 814(b)(2) of the Act authorizes the Attorney General to file a civil action in an appropriate United States District Court for appropriate relief with respect to the breach of a HUD Conciliation Agreement. If an aggrieved person believes that a respondent has breached a HUD.Conciliation Agreement,he or she should promptly report the alleged breach to the HUD Office that investigated the complaint. Public Disclosure. Section 103.330(b) of HUD's regulations implementing the Act provides that Conciliation Agreements shall be made public,unless the aggrieved person and the respondent request nondisclosure and HUD determines that disclosure is not required to further the purposes.of the Act. Notwithstanding a determination that disclosure of an Agreement is not required,HUD may publish tabulated descriptions of the results of all conciliation efforts. If you have any questions regarding this closure please contact the point of contact listed below for assistance. Sincerely, Carlos Osegueda,Regional Director Office of Fair Housing&Equal Opportunity,Region IV Closure Letter- Conciliation settlement successful HUD Case No. 04-17-7816-8 es„-corr, 4:944 Devs, U.S. Department of Housing and Urban Development Georgia State Office Five Points Plaza 40 Marietta Street Atlanta, GA 30303-2806 November 03, 2017 City of Miami Beach C/o Jimmy L. Morales, City Manager 1700 Convention Center Drive Miami Beach,FL 33139 Dear Respondent: Subject: Housing Discrimination Complaint Normandy Living,LLC v. City of Miami Beach,et al. Inquiry No. 525788 HUD Case No. 04-17-7816-8 The above-referenced housing discrimination complaint, which was filed with the U.S. Department of Housing and Urban Development(HUD), on April 17,2017 ,has been resolved by the execution of a HUD Conciliation Agreement(Agreement), as provided under§810(b) of the Fair Housing Act of 1968, (Act) as amended [42 U.S.C. §3601 et seq.]. On October 30,2017, the Conciliation Agreement was signed and approved on behalf of the Secretary,as required under§810(b)(2) of the Act and§103.310 of HUD's regulations implementing the Act. By executing this Agreement,the parties have agreed that all issues that were raised in the above-referenced complaint are resolved. By approving this Agreement,HUD has concluded that its provisions will adequately vindicate the public interest. Accordingly, HUD has terminated its investigation,and has administratively closed the complaint,effective as of November 03,2017.A copy of the HUD-approved Agreement is enclosed for your records. This closure is not a determination on the merits of the allegations contained in the HUD complaint. By executing this Conciliation Agreement,the parties have committed to comply with the provisions Closure Letter-Conciliation settlement successful HUD Case No. 04-17-7816-8 specifically designed to resolve the issues raised in the complaint, and to further the public interest in fair housing. Retaliation is a violation of the Fair Housing Act. Section 818 of the Act makes it unlawful to retaliate against any person because he or she has filed a housing discrimination complaint; is associated with a complainant;has counseled or otherwise assisted any person to file such a complaint; or has provided information to HUD during a complaint investigation. Section 818 also protects complainants against retaliatory acts that occur after a complainant has withdrawn,settled, or conciliated a housing discrimination complaint. Any person who believes that he or she has been a victim of retaliation for any of the reasons listed above may file a housing discrimination complaint with HUD within one (1) year of the date on which the most recent alleged retaliatory act(s) occurred or ended. Enforcement by the Attorney General. Section 810(c) of the Act provides that whenever HUD has reasonable cause to believe that a respondent has breached a Conciliation Agreement,HUD shall refer the matter to the Attorney General with a recommendation that a civil action be filed on behalf of the complainant. Section 814(b)(2) of the Act authorizes the Attorney General to file a civil action in an appropriate United States District Court for appropriate relief with respect to the breach of a HUD Conciliation Agreement. If an aggrieved person believes that a respondent has breached a HUD Conciliation Agreement,he or she should promptly report the alleged breach to the HUD Office that investigated the complaint. Public Disclosure.Section 103.330(b) of HUD's regulations implementing the Act provides that Conciliation Agreements shall be made public,unless the aggrieved person and the respondent request nondisclosure and HUD determines that disclosure is not required to further the purposes of the Act. Notwithstanding a determination that disclosure of an Agreement is not required,HUD may publish tabulated descriptions of the results of all conciliation efforts. _ If you have any questions regarding this closure please contact the point of contact listed below for assistance. Sincerely, Carlos Osegueda, Regional Director Office of Fair Housing &Equal Opportunity,Region N Closure Letter-- Conciliation settlement successful HUD Case No. 04-17-7816-8 Ps"10ENT op II 4.01 1'r 1 % U.S. Department of Housing-and Urban Development Georgia State Office Five Points Plaza 40 Marietta Street Atlanta,GA 30303-2806 November 03,2017 Margaret Meyers Lydecker Diaz 1221 Brickell Avenue, Suite 19th Floor Miami,FL 33131 Dear Representative(of City of Miami Beach-Planning Department): Subject: Housing Discrimination Complaint Normandy Living, LLC v. City of Miami Beach, et al. Inquiry No. 525788 HUD Case No. 04-17-7816-8 Attached is a copy of a closure document sent to your client,relating to the subject housing discrimination complaint. Sincerely, ,,ZC‘i' Carlos Osegueda,Regional Director Office of Fair Housing&Equal Opportunity,Region TV Enclosures Closure Letter-Conciliation settlement successful HUD Case No. 04-17-7816--8 • �.t,heNT pp q 4b 4 ,i 1 r r *:E 4C. AV 9Q�4 0els.'d U.S. Department of Housing and Urban Development Georgia State Office Five Points Plaza 40 Marietta Street Atlanta, GA 30303-2806 November 03,2017 Laselve E. Harrison,Esq. Lydecker Diaz 1221 Brickell Avenue, Suite 19th Floor Miami,FL 33131 . Dear Representative(of City of Miami Beach-Planning Department): Subject: Housing Discrimination Complaint Normandy Living, LLC v. City of Miami Beach,et al. Inquiry No. 525788 HUD Case No. 04-17-7816-8 Attached is a copy of a closure document sent to your client,relating to the subject housing discrimination complaint. . Sincerely, 44e4.-6 ) Carlos Osegueda, Regional Director ' Office of Fair Housing &Equal Opportunity,.Region IV Enclosures Closure Letter-Conciliation settlement successful HUD Case No. 04-17-7816-8 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TITLE VIII SECTION 109 of TITLE 1 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND SECTION 504 OF THE REHABILITATION ACT OF 1973 CONCILIATION AGREEMENT/VOLUNTARY COMPLIANCE AGREEMENT Between Normandy Living, LLC (Complainant) And City of Miami Beach, Florida City of Miami Beach, Florida-Planning Department (Respondents) Approved by the FHEO Regional Director on behalf of the United States Department of Housing and Urban Development FHEO CASE NUMBER: 04-17-7816-8; 04-17-7816-4; 04-17-7816-D & 04-17-7816-9 A. PARTIES AND SUBJECT PROPERTY Complainant Normandy Living, LLC 101 20th Street, Suite 2706 Miami, FL 33139 Complainant's Representative: Craig Lewis, Esq. Vincent F. Vaccarella, P.A. 333 N.New River Drive, East, Suite 3 000 Fort Lauderdale, FL 33301 Respondents: City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, FL 33139 City of Miami Beach, Florida—Planning Department 1700 Convention Center Drive Miami Beach, FL 33139 Respondents' Representative Margaret Meyers, Esq. 1221 Brickell Ave. , 19th Floor Miami, Florida 33131 Subject Property: 1904 Marseille, Drive Miami Beach, FL 33131 710 Rue Granville Miami Beach, FL 33141 B. STATEMENT OF ALLEGATIONS A complaint was filed with the United States Department of Housing and Urban Development (HUD or the Department) on April 17, 2017, alleging that the Complainant was injured by discriminatory acts. It is alleged that Respondents were responsible for discriminatory terms, conditions, or privileges or facilities in connection with the dwelling, failure to make reasonable accommodation, and using ordinance to discriminate RY City of Miami Beach Normandy v.City of Miami Beach,et al 04-17-7816-8/4/9 Page 2 of 8 in zoning and land use. Complainant believes Respondents collectively discriminated against the organization because of disability. The Complainant alleged that the most recent act to have occurred on November 29, 2016. If proven, the allegations would constitute violations of Sections 804 (f)(1) and 804(f)(3)(b) of Title VIII of the Civil Rights Act of 1968 as amended by the Fair Housing Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Section 109 of Title 1 of the Housing and Community Development Act of 1974. Complainant and Respondents, without admitting fault, liability, or responsibility for Complainant's alleged damages, agree that it is in their respective interests to voluntarily settle this controversy and resolve this matter without the necessity of an evidentiary hearing or other judicial process available under the laws cited above. C. TERM OF AGREEMENT 1. This Conciliation Agreement (Agreement) shall govern the conduct of the parties to it for a period of one (1) year from the Effective Date of this Agreement. D. EFFECTIVE DATE 2. The parties expressly agree that this Agreement constitutes neither a binding contract under state or federal law nor a Conciliation Agreement pursuant to the Act, unless and until such time as it is approved by the U.S. Department of Housing and Urban Development, through the FHEO Region IV Director, or his or her designee. 3. This Agreement shall become effective on the date on which it is approved by the Regional Director of the Office of Fair Housing and Equal Opportunity (FHEO) of the United States Department of Housing and Urban Development (HUD) 40 Marietta Street, Atlanta, Georgia 30303 or his or her designee. E. GENERAL PROVISIONS 4. The parties acknowledge that this Agreement is a voluntary and full settlement of the Title VIII, Section 504, and Section 109 disputed complaints. The parties affirm that they have read and fully understand the terms set forth herein. No party has been coerced, intimidated, threatened, or in any way forced to become a party to this Agreement. 5. The Respondents acknowledge that they have an affirmative duty not to discriminate under the Act, and it is unlawful to retaliate against any person because that person has made a complaint, testified, assisted or participated in any manner in a proceeding under the Act. Respondents further acknowledge that any subsequent retaliation or RY ity of Miami Beach Normandy v.City of Miami Beach,et al 04-17-7816-8/4/9 Page 3 of 8 discrimination constitutes both a material breach of this Agreement, and a statutory violation of the Act. 6. This Agreement, after the FHEO Regional Director or his or her designee has approved it, is binding upon Respondents, their employees, heirs, successors and assignees, and all others in active concert with them in the operation of the subject property. p 7. It is understood that, pursuant to Section 810(b)(4) of the Act, upon approval of this p Agreement by the FHEO Regional Director or his or her designee, it is a public document. g 8. This Agreement does not in any way limit or restrict the Department's authority Y to investigate any other complaint involving the Respondents made pursuant to the Fair Housing Act or any other complaint within the Department's jurisdiction. 9. No amendment to, modification of, or waiver of any provisions of this Agreement shall be effective unless: (a) all signatories or their successors to the Agreement agree g in writing to the amendment, modification, or waiver; (b) the amendment, modification, or waiver is in writing; and (c) the amendment, modification, or waiver is approved and signed by the FHEO Regional Director or his or her designee. 10. The Parties agree that the execution of this Agreement maybeaccomplished p by separate execution of consents to this Agreement; the original executed signature pages to be attached to the body of the Agreement to constitute one document. 11. Complainant, hereby forever waives, releases, and covenants not to sue the Department, Respondents, their heirs, executors, assigns, employees,a entsand g attorneys with regard to any and all claims, damages, and injuries of whatever nature, whether presently known or unknown, arising out of the subject matter addressed in HUD Case Number 04-17-7816-8/4/D/9, and the subject matter addressed in Normandy Living LLC v. The City of Miami Beach, Thomas Mooney, Raul J Aguila, y g , and the Planning Board of the City of Miami Beach, Florida, et al. pending in The Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida, case number 17-2060-CA-10) or which could have been filed in any action or suit arising from said subject matter(hereinafter"Actions"). 12. Respondents, hereby forever waive, release, and covenant not to sue the Department or Complainant, or its successors, assigns, agents, officers, managers, members, board members, employees and attorneys with regard to any and all claims, damages, and injuries of whatever nature, whether presently known or unknown, arising out of the subject matter of HUD Case Number 04-17-7816-8/4/9, Normandy LivingLLC v. The City of Miami Beach, Thomas Mooney, Raul J. Aguila, and the Planning Board of the City of Miami Beach, Florida (currently pending in The Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida, Case Number 17-2060- / RY #,/ fib ity of Miami Beach Normandy v.City of Miami Beach,et al 04-17-7816-8/4/9 Page 4 of 8 CA-10) or which could have been filed in any action or suit arisingfrom said subject . J matter(the "Actions" as defined in paragraph 11 hereof). F. RELIEF FOR COMPLAINANT 13. Conditioned upon Complainant's satisfaction of the requirements set forth in paragraph 14, Respondents agree to pay Complainant, NormandyLiving, LLC the amount of $500,000.00 (Five Hundred Thousand Dollars) within ten (10) business days of the Effective Date of this Agreement. The payment shall be made via wire transfer to Complainant's representative attorneys, pursuant to the wire instructions provided by Complainant's attorney. Complainant's attorney shall provide wire instructions within one (1) business day of the Effective Date. A copy of proof of wire transfer shall be sent to Curtis Barnes, Conciliator via email at curtis.l.barnes@hud.gov. Complainant's attorneys will hold the funds in their trust account until the dismissals are filed in accordance with paragraph 14. 14. Complainant agrees within three (3) business day of the Effective Date of this Agreement, to send Respondents' attorneys the notice of dismissal withJre'udice of p all pending claims including but not limited to HUD Case Number 04-17-7816- 9/4/D/9 and Normandy Living LLC v. The City of Miami Beach, Thomas Mooney, Raul J. Aguila, and the Planning Board of the City of Miami Beach, Florida, currently pending in The Circuit Court of the 11th Judicial Circuit in and for Miami- Dade County, Florida, Case Number 17-2060-CA-10. Respondents' attorneys will p Y hold the dismissal in trust pending clearance of the settlement funds in Complainant's attorney's trust account, and will file the dismissal immediately upon beingnotified of clearance. p G. RELIEF IN THE PUBLIC INTEREST 15. Within One Hundred and Eighty (180) days of the Effective Date of this Agreement, the employees of the City of Miami Beach Planning Department who deal directly with the public involving zoning applications, must attend training on the Federal Fair Housing Act; Section 504 of the Rehabilitation Act of 1973, and Section 109 with particular emphasis on reasonable accommodation and reasonable modifications. The training will be provided by the City of Miami Beach Office of the City Attorney or HUD Programs Compliance. Those employees required to obtain training pursuant to this paragraph shall obtain from the trainer or training entity certificates of attendance signed by each individual who attends the training. Respondents shall provide the Department with copies of the certificates of attendance. 16. At its City Commission meeting on October 31, 2017, Respondents willpresent, for . p first reading, a zoning ordinance for residential detox facilities. In the e ent that the zoning ordinance for residential detox facilities is approved by the Ci Commission / RY lie City of Miami Beach Normandyv.Cityof Miami / Beach,et al 04-17-7816-8/4/9 Page 5 of 8 on first reading, a copy of the proposed zoning ordinance will bep rovided to the Department for review and comment immediately following reading.readin . The Department shall provide any input to Respondent no later than November 30, 2017. The City will ensure the zoning ordinance for residential detox facilities is in compliance with the Department's review as to non-discriminationp rior to second reading which is tentatively set for December 2017. Complainant mayobtain a . p copy of the proposed ordinance which is a public record pursuant to Floridap ublic records law. Complainant may attend the City Commissionublic hearings addressing g consideration of the zoning ordinance for residential detox facilities the same as all other members of the public. 17. Respondents will develop and maintain policies and procedures for accepting and p g processing requests for reasonable accommodations for persons with disabilities. The proposed policies and procedures will be provided to the Department for review and p comments prior implementation. 18. Respondents will display a HUD Fair Housingposter in the office where zoning applications are submitted. 19. Respondents agree to apply their policies and procedures in a nondiscriminatory manner. H. MONITORING 20. The Department shall determine compliance with the terms of this Agreement. During the term of this Agreement, HUD may review compliance with this Agreement. p g eement. As part of such review, HUD may inspect Respondents' property p p Y identified in Section A of this Agreement, examine witnesses and copy pertinent records of Respondents. Respondents agree to provide their full cooperation in any y monitoring review undertaken by HUD to ensure compliance with this Agreement. I. REPORTING AND RECORDKEEPING 21. All required certifications and documentation of compliance must be submitted to: U.S. Department of Housing & Urban Development Office of Fair Housing and Equal Opportunity ATTN: Curtis Barnes, Conciliator 40 Marietta St.-16th Floor— 16th floor Atlanta, GA 30301 RY 4,0 City of Miami Beach Normandy v.City of Miami Beach,et al 04-17-7816-8/4/9 Page 6 of 8 J. CONSEQUENCES OF BREACH 22. Whenever, during the term of this Agreement, the Secretary, after an examination of Y any facts and circumstances, has reasonable cause to believe that the Respondents have breached this Agreement in a material way, the Secretary may refer the alleged breach to the Attorney General of the United States with a request to commence a civil action in the appropriate U. S. District Court pursuant to §§ 810(c) and 814 b 2 ) of the Act. 23. Any act(s) or omission(s) of an employee who violates the terms of this Agreement may serve as grounds for HUD imposing debarment, as set forth in 24 C.F.R. § 24.300; suspension, as set forth in 24 C.F.R. § 24.400; or limited denial of participation, as set forth in 24 C.F.R. § 24.705 for that employee. 24. Complainant's or Respondents' act(s) or omission(s) violating the terms of this Agreement may serve as grounds for the United States to pursue an action in federal court for failure to comply with applicable civil rights authorities. K. GENERAL RELEASE 25. Complainant and Respondent irrevocably and unconditionally release, remise, and forever discharge each other and their respective parents, subsidiaries, p rinci als p affiliates, partners, predecessors, successors, assigns, agents, officers, directors, shareholders, managers, members, commissioners, board members, elected officials, employees, representatives, insurance carrier, attorneys and all otherpersons acting by, though, under or in concert with any of them ("Released Parties"), from any and all charges, complaints, claims, liabilities, suits, rights, demands, costs, losses, debts, accounts, covenants, actions or causes of action, judgments and expenses, and any other claims of whatever nature, including, but not limited to, the allegations which were g set forth or could have been set forth in the Actions, whether in contract or tort, including attorneys' fees and costs of any nature whatsoever, known or unknown, suspected or unsuspected, of every nature, character and description without limitation in law, equity or otherwise, which they, or any person, corporation, or entity claiming or purporting to claim by or through them, now have or have heretofore had against them, whether now known or unknown, suspected or unsuspected. This Release specifically includes, without limitation, all known and unknown claims for damages, both to person and property, diminution in value, and all other claims, damages, and necessary expenses of every kind arising now or in the future related to the Actions, except as necessary to enforce the terms of this Agreement. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties, including, but not limited to, those arising out of or connected with the Actions or the relationship and activities which tookp lace between the Released Parties. This general release as set forth in thisara ra h 25 is p g p expressly intended to survive termination and/or expiration of this Agreement. RY 4 j City of Miami Beach Normandy v.City of Miami Beach,et al 04-17-7816-8/4/9 Page 7 of 8 L. CERTIFICATION/SIGNATURES By affixing their signatures hereunder, the parties certify that they have reviewed and understand the terms and conditions of this Agreement, and that they have full authority to enter into this Agreement on behalf of themselves or as agents of others. L. SIGNATURES Complainant: Rick Yun for Normandy Living, LLC Date Title with Normandy Living, LLC Respondents City of Miami :-.ch& City of Miami Beach Planning Department: artment: . By: ii , -- / Signature ' r '�� Date ,r. r, v PHILIP L-`VIN'A:f AOR Print Name ,/I %%4, e F k1 ,'0\........ iy te--.' APPROVED AS TO Id FORM&LANGUAGE Cler &FOR EXECUTION INCORP ORATED: �. //// N14...-...-•••- •Nc 5-/ (9,Le)4s,. , . . to - -0 APPROVAL ''k.��mku, 26�►, city Attorney_ • illumer......mosme Date Carlos Osegueda Date FHEO Region IV Director RY ity of Miami Beach Normandy v.City of Miami Beach,et al 04-17-7816-8/4/9 Page 8 of 8 *v 4+4&#%&I s1JKI Liu Jo rL5& #&I1bi&L Il11 uLRIRII 11.11.LaA41...0101YLra V1 iia • • L. SIGNATURES • Complainant: Rick un or No �#��::- �.s g,LLC Date Title with Normandy Living,LLC Respondents City of Miami Beach&City of Miami Beach Planning Department: Scanned by CamScanner L. CERTIFICATION/SIGNATURES By affixing their signatures hereunder, the parties certify that they have reviewed and understand the terms and conditions of this Agreement, and that they have full authority to enter into this Agreement on behalf of themselves or as agents of others. L. SIGNATURES Complainant: • .Rick Yun for Normandy Living,LLC Date Title with Normandy Living,.LLC Respondents City of Miami : --ch&City of Miami Beach Planning Department: By: / tiff/ lel-'?' a Fr SignatureI R.� Date f....? PHILIP L VI '1,141OR Print Name V4,4 Jy Title ��`�s: s� APPROVED AS TO _ Clerk :;.:.; .. • LANGUAGEFORM&LANGUAGE .. • .•,.`- &FOR EXECUTIONON " - :, :,.r,,3ii-iii r.. .. .•,......,..j.,, . ., , ,,ti.. ,..::,,,,,.i..,::.f.!..5",k,.«17:":,'..6,el ,Leis„—bi------1.0 - 3-0 • it APPROVAL City Attorney Data • 111312017 w Carlos Osegueda Date RIIBO Region IV Director RY _____City of Miami Beach Normandy v.City of Miami Beach,.et al 04-17-7816-8/419 Page 8 of 8 Resolutions - C7 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: October 31, 2017 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONCILIATION AGREEMENTNOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE CITY AND NORMANDY LIVING, LLC, IN THE MATTERS ENTITLED: (1) NORMANDY LIVING, LLC V. CITYF O MIAMI BEACH UNDER UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) UNDER CASE NUMBERS: 04-17-7816-8;. 04-17- 7816-4 AND 04-17-7816-9; 7816 9, AND (2) NORMANDY LIVING, LLC, V THE CITY OF MIAMI BEACH, ET AL., UNDER CASE NO.: 17-2060-CA10• CURRENTLY PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. RECOMMENDATION Please see attached Memo. ANALYSIS Legislative Tracking Office of the City Attorney ATTACHMENTS: Description D Memorandum D Resolution Page 28 of 426 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.m iam i beachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission Jimmy L. Morales, City Manager FROM: Raul J. Aguila, City Attor �--�_ �• DATE: October 31, 2017. SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONCILIATION AGREEMENT/VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE CITY AND NORMANDY LIVING, LLC, IN THE MATTERS ENTITLED: (1) NORMANDY LIVING, LLC V. CITY OF MIAMI BEACH UNDER UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) UNDER CASE NUMBERS: 04-17.7816-8; 04-17-7816-4 AND 04-17-7816-9; AND (2) NORMANDY LIVING, LLC, V. THE CITY OF MIAMI BEACH, ET AL., UNDER CASE NO.: 17-2060-CA-10; CURRENTLY PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. BACKGROUND On May 4, 2016, Normandy Living, LLC ("Normandy Living") filed an Application with the City to modify an existing conditional use permit ("CUP") to allow it operate an adult congregate living facility ("ACLF" or "ALF") at 1904 Marseille Drive and 7100 Rue Granville, and to expand the use onto 1915 Normandy Drive in. Miami Beach, Florida (the "Property"). The proposed ACLF was actually a "detox" facility use, which facility is used comingnarcoticsy as the first step in off of or alcohol. The intended use would be for the first 4 to 14 days of a person addicted to drugs or alcohol detoxifyabove at the location. On August 31, 2016, the City issued an Administrative and Jurisdictional Determination ("Determination") as to Normandy Living's Application, and found that it did not meet. the City's definition of an ALCF. Normandy Living appealed the City's Determination to the Page 29 of 426 Memorandum on Normandy Living LLC settlement October 31,2017 Page 2 of 3 Planning Board, which upheld the findings contained in the Determination that it did not meet the City's definition of an ACLF. After the Planning Board upheld the City's Determination, Normandy Living initiated a related civil action styled NormandyLiving, g, LLC, v. The City of Miami Beach, et al., Case No.: 17-2060-CA-10, in the Eleventh Judicial Circuit in and for Miami Dade County, Florida. Normandy Living's Complaint alleges monetary damages against the City, the Planning Board, and individual members of the administration due to the decision that the use proposed for the Property, did not meet the City's definition for an Adult Congregate ate gre g Living Facility(ACLF). Normandy Living argues that the City, and individual employees, should be estopped from allowing the use and should be required to pay monetary damages. Subsequent to the filing of the above circuit court action, on April 17, 2017, Normandy Living also filed a separate complaint with the U.S. Department of Housingand Urban Development (HUD) and the •p U.S. Department of Justice, Normandy Living alleges, based upon the foregoing history, that the City discriminated against It under the Fair Housing Act, Rehabilitation Act, Housing and Community Development Act, and the American with Disabilities Act. Specifically, Normandy Living alleges the City discriminated against it as it relates to failing to make a reasonable accommodation for dwelling purposes, topersons with a disability p withdrawing from drug or alcohol addictions). Normandy Livingalso alleges the City has discriminated in its application of zoning laws and, in particular, by the Planning Director finding that the conditional use permit application filed by Normandy Living for a detox center was not an ACLF. Moreover, NormandyLiving g alleges that the Planning Board discriminated against it for the same ,pur osesb.�� p Y rejecting their appeal of the Planning Director's determination. Without admitting fault, liability, or responsibility for Normandy Living's alleged damages, the CityAttorney's Office s � g g � ' y believes it would be in the City's best interest to voluntarily settle this controversy and resolve this matter without the necessity of an evidentiary hearing or other judicial process available under the laws cited above. The federal claims against the City are not covered by Section 768.28, Florida Statutes, which statute would have limited the City's exposure to liability to $200,000, per claim, per person, for certain state law torts. As this sovereign immunity limitation is unavailable to the City, the City's exposure to liability may be unlimited. Normandy Livingissued a demand letter to U.S. HUD seeking $29,000,000, plus attorney's fees. This claim was exclusive of the damages sought In the civil action. Additionally, a finding of a violation of federal law could put the City's federal grant funding at risk (the City would be required to return the federal funds). In addition to the pending HUD complaint possible federal enforcement suit, or federal civil suit, the state court action raised allegations that would,expose the City to potential lost profits damages and extensive discoveryand depositions disrupting the operationsCity • • � p p g of the City. The faces extensive litigation costs associated with defending both the federal action and the circuit court action. Finally, more cases in Florida have settled or had judgments entered far in excess to the proposed settlement with similar issues of fact and law. Page 30 of 426 Memorandum on Normandy Living LLC settlement October 31,2017 Page 3 of 3 On September 25, 2017, and October 18, 2017, the Mayor and City Commission held Closed Attorney-Client Sessions • � and discussed litigation strategy and settlement. Pursuant to those discussions, parties have entered into a tentative settlement, subject to approval byand City the Mayor Y Commission and US HUD, which settlement agreement in memorialized in the Conciliation Agreement/VoluntaryCompliance Agreement attached as Exhibit � item. ghibit 1 to the Resolution accompanying this Agenda item. The material terms of the Conciliation Agreement are as follows: 1. With no admission of liability, the City is to pay Normandy days Living, within 10 g from the effective date of the Agreement, $500,000. 2. Dismissal of all Actions, with prejudice. 3. Normandy Living shall be required to dismiss, covenant, waive, and release all claims against the City, its boards, elected officials or employees; and agrees to indemnify and hold the City harmless for any claims thereafter. 4. The City is to provide to U.S. HUD a copy of the City's medical use ordinance, which Is currently scheduled for first reading before the City Commission on October 31, 2017. The ordinance addresses the various medical uses that are permitted under state law but were never contemplated within the City's zoning code. HUD will review the draft ordinance to ensure compliance with federal law as it relates to "reasonable accommodation" and "disability". HUD may comment upon the ordinance and provide direction relating to same. HUD is aware that the ordinance is currently pending before the City Commission, and that second reading of the ordinance is anticipated for December 13, 2017. 5. Within six (6) months of the effective date, the City Attorney's office shall be required to provide the Planning Department with training on the Federal Fair Housing Act, Section 504 of the Rehabilitation Act, and Section 109 with a particular emphasis on reasonable accommodation and reasonable modifications. Training of Planning Department staff is tentatively scheduled for November 2, 2017. RECOMMENDATION Approval of the attached Resolution authorizing the Mayor and City Clerk to execute the attached Conciliation Agreement/Voluntary Compliance Agreement. Page 31 of 426 Agenda Item C 3 Date UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TITLE VIII SECTION 109 of TITLE I. OF THE HOUSING.AND COMMUNITY DEVELOPMENT ACT OF 1974 AND SECTION 504 OF THE REHABILITATION ACT OF 1973 CONCILIATION AGREEMENT/VOLUNTARY COMPLIANCE AGREEMENT Between Normandy Living, LLC (Complainant) And City of Miami Beach, Florida City of Miami Beach,Florida-Planning Department (Respondents) Approved by the FHEO Regional Director on behalf of the United States Department of Housing and Urban Development FHEO CASE NUMBER: 04-17-7816-8; 04-17-7816-4; 04-17-7816-D& 04-17-7816-9 A. PARTIES AND SUBJECT PROPERTY Complainant Normandy Living,LLC 101 20th Street, Suite 2706 Miami,FL 33139 Complainant's Representative: Craig Lewis,Esq. Vincent F. Vaccarella,PA. 333 N.New River Drive,East, Suite 3000 Fort Lauderdale, FL 33301 Respondents: City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, FL 33139 City of Miami Beach, Florida—Planning Department 1700 Convention Center Drive Miami Beach,FL 33139 Respondents' Representative Margaret Meyers, Esq. 1221 Brickell Ave. 19th Floor Miami,Florida 33131 Subject Property: 1904 Marseille, Drive Miami Beach, FL 33131 710 Rue Granville Miami Beach, FL 33141 B. STATEMENT OF ALLEGATIONS A complaint was filed with the United States Department of Housing and Urban Development(HUD or the Department) on April 17, 2017,alleging that the Complainant was injured by discriminatory acts. It is alleged that Respondents were responsible for discriminatory terms, conditions, or privileges or facilities in connection with the dwelling,failure to make reasonable accommodation,and using ordinance to discriminate RY City of Miami Beach Normandy v.City of Miami Beach,et al 04-1748164/4/9 Page 2 of 8 in zoning and land use. Complainant believes Respondents collectively discriminated against the organization because of disability. The Complainant alleged that the most recent act to have occurred on November 29, 2016. If proven, the allegations would constitute violations of Sections 804 (f)(1) and 804(1)(3)(b) of Title VIII of the Civil Rights Act of 1968 as amended by the Fair Housing Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Section 109 of Title 1 of the Housing and Community Development Act of 1974. Complainant and Respondents, without admitting fault, liability, or responsibility for Complainant's alleged damages, agree that it is in their respective interests to voluntarily settle this controversy and resolve this matter without the necessity of an evidentiary hearing or other judicial process available under the laws cited above. C. TERM OF AGREEMENT 1. This Conciliation Agreement(Agreement) shall govern the conduct of the parties to it for a period of one (1)year from the Effective Date of this Agreement. D. EFFECTIVE DATE 2. The parties expressly agree that this Agreement constitutes neither a binding contract under state or federal law nor a Conciliation Agreement pursuant to the Act, unless and until such time as it is approved by the U.S. Department of Housing and Urban Development,through the FHEO Region IV Director, or his or her designee. 3. This Agreement shall become effective on the date on which it is approved by the Regional. Director of the Office of Fair Housing and Equal Opportunity (FHEO) of the United States Department of Housing and Urban. Development (BUD) 40 Marietta Street,Atlanta, Georgia 30303 or his or her designee. E. GENERAL PROVISIONS 4. The parties acknowledge that this Agreement is a voluntary and full settlement of the Title VIII, Section 504, and Section 109 disputed complaints. The parties affirm that they have read and fully understand the terms set forth herein. No party has been coerced, intimidated, threatened, or in any way forced to become a party to this Agreement. 5. The Respondents acknowledge that they have an affirmative duty not to discriminate under the Act, and it is unlawful to retaliate against any person because that person has made a complaint, testified,assisted or participated in any manner in a proceeding under the Act. Respondents further acknowledge that any subsequent retaliation or RY City of Miami Beach Normandy v.City of Miami Beach,et al 04-17-78164/4/9 Page 3 of 8 discrimination constitutes both a material breach of this Agreement, and a statutory violation of the Act. 6. This Agreement, after the FHEO Regional Director or his or her designee has approved it, is binding upon Respondents, their employees, heirs, successors and assignees, and all others in active concert with them in the operation of the subject property. 7. It is understood that, pursuant to Section 810(b)(4) of the Act, upon approval of this Agreement by the FHEO Regional Director or his or her designee, it is a public document. 8. This Agreement does not in any way limit or restrict the Department's authority to investigate any other complaint involving the Respondents made pursuant to the Fair Housing Act or any other complaint within the Department's jurisdiction. 9. No amendment to, modification of, or waiver of any provisions of this Agreement shall be effective unless: (a) all signatories or their successors to the Agreement agree in writing to the amendment, modification, or waiver; (b) the amendment, modification, or waiver is in writing; and (c) the amendment, modification, or waiver is approved and signed by the FHEO Regional Director or his or her designee. 10. The Parties agree that the execution of this Agreement may be accomplished by separate execution of consents to this Agreement; the original executed signature pages to be attached to the body of the Agreement to constitute one document. 11. Complainant, hereby forever waives, releases, and covenants not •to sue the Department, Respondents, their heirs, executors, assigns, agents, employees and attorneys with regard to any and all claims, damages, and injuries of whatever nature, whether presently known or unknown, arising out of the subject matter addressed in HUD Case Number 04-17-7816-8/4/D/9, and the subject matter addressed in Normandy Living LLC v. The city of Miami Beach, Thomas Mooney, Raul.1. Aguila, and the Planning Board of the City of Miami Beach, Florida, et a (currently pending in The Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida, case number 17-2060-CA-10)or which could have been filed in any action or suit arising from said subject matter(hereinafter"Actions"). 12.Respondents, hereby forever waive, release, and covenant not to sue the Department or Complainant, or its successors, assigns, agents, officers, managers, members, board members, employees and attorneys with regard to any and all claims, damages, and injuries of whatever nature, whether presently known or unknown, arising out of the subject matter of HUD Case Number 04-17-7816-8/4/9,Normandy Living LLC v. The City of Miami Beach Thomas Mooney, Raul J. Aguila, and the Planning Board of the City of Miami Beach, Florida (currently pending in The Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida, Case Number 17-2060- RY City of Miami Beach Normandy v.City of Miami Beach,et at 04-17-7816-8/4/9 Page 4 of 8 CA-10) or which could have been filed in any action or suit arising from said subject matter(the"Actions"as defined in paragraph 11 hereof). F. RELIEF FOR COMPLAINANT 13. Conditioned upon Complainant's satisfaction of the requirements set forth in paragraph 14, Respondents agree to pay Complainant, Normandy Living, LLC the amount of $500,000.00 (Five Hundred Thousand Dollars) within ten (10) business days of the Effective Date of this Agreement. The payment shall be made via wire transfer to Complainant's representative attorneys, pursuant to the wire instructions provided by Complainant's attorney. Complainant's attorney shall provide wire instructions within one (1) business day of the Effective Date. A copy of proof of wire transfer shall be sent to Curtis Barnes, Conciliator via email at curtis.l.bames@hud.gov. Complainant's attorneys will hold the funds in their trust account until the dismissals are filed in accordance with paragraph 14. 14. Complainant agrees within three (3) business day of the Effective Date of this Agreement, to send Respondents' attorneys the notice of dismissal with prejudice of all pending claims including but not limited to HUD Case Number 04-17-7816- 9/4/D/9 and Normandy Living LLC v. The city of Miami Beach, Thomas Mooney, Raul J. Aguila, and the Planning Board of the City of Miami Beach, Florida, currently pending in The Circuit Court of the 11th Judicial Circuit in and for Miami- Dade County, Florida, Case Number 17-2060-CA-10. Respondents' attorneys will hold the dismissal in trust pending clearance of the settlement funds in Complainant's attorney's trust account, and will file the dismissal immediately upon being notified of clearance. G. RELIEF IN THE PUBLIC INTEREST 15. Within One Hundred and Eighty (180) days of the Effective Date of this Agreement, the employees of the City of Miami Beach Planning Department who deal directly with the public involving zoning applications,must attend training on the Federal Fair Housing Act; Section 504 of the Rehabilitation Act of 1973, and Section 109 with particular emphasis on reasonable accommodation and reasonable modifications. The training will be provided by the City of Miami Beach Office of the City Attorney or HUD Programs Compliance. Those employees required to obtain training pursuant to this paragraph shall obtain from the trainer or training entity certificates of attendance signed by each individual who attends the training. Respondents shall provide the Department with copies of the certificates of attendance. 16.At its City Commission meeting on October 31, 2017, Respondents will present, for first reading, a zoning ordinance for residential detox facilities. In the event that the zoning ordinance for residential detox facilities is approved by the City Commission RY City of Miami Beach Normandy v.City of Miami Beach,et al 04-17-7816-8/4/9 Page 5 of 8 on first reading, a copy of the proposed zoning ordinance will be provided to the Department for review and comment immediately following first reading. The Department shall provide any input to Respondent no later than November 30, 2017. The City will ensure the zoning ordinance for residential detox facilities is in compliance with the Department's review as to non-discrimination prior to second reading which is tentatively set for December 2017. Complainant may obtain a copy of the proposed ordinance which is a public record pursuant to Florida public records law. Complainant may attend the City Commission public hearings addressing consideration of the zoning ordinance for residential detox facilities the same as all other members of the public. 17. Respondents will develop and maintain policies and procedures for accepting and processing requests for reasonable accommodations for persons with disabilities. The proposed policies and procedures will be provided to the Department for review and comments prior implementation. 18. Respondents will display a HUD Fair Housing poster in the office where zoning applications are submitted. 19. Respondents agree to apply their policies and procedures in a nondiscriminatory manner. H. MONITORING 20. The Department shall determine compliance with the terms of this Agreement. During the term of this Agreement, HUD may review compliance with this Agreement. As part of such review, HUD may inspect Respondents' property identified in Section A of this Agreement, examine witnesses and copy pertinent records of Respondents. Respondents agree to provide their full cooperation in any monitoring review undertaken by HUD to ensure compliance with this Agreement. I. REPORTING AND RECORDKEEPING 21. All required certifications and documentation of compliance must be submitted to: U.S. Department of Housing&Urban.Development Office of Fair Housing and Equal Opportunity A'FTN: Curtis Barnes, Conciliator 40 Marietta St.-16th Floor 16th floor Atlanta, GA 30301 RY City of Miami Beach Normandy v.City of Miami Beach,et at 04-17-7816-8/4/9 Page 6 of 8 J. CONSEQUENCES OF BREACH 22. Whenever, during the term of this Agreement, the Secretary, after an examination of any facts and circumstances, has reasonable cause to believe that the Respondents have breached this Agreement in a material way, the Secretary may refer the alleged breach to the Attorney General of the United States with a request to commence a civil action in the appropriate U. S. District Court pursuant to §§ 810(c)and 814(b)(2) of the Act. 23. Any act(s) or omission(s) of an employee who violates the terms of this Agreement may serve as grounds for HUD imposing debarment, as set forth in 24 C.F.R. § 24.300; suspension, as set forth in 24 C.F.R. § 24.400; or limited denial of participation, as set forth in 24 C.F.R. § 24.705 for that employee. 24. Complainant's or Respondents' act(s) or omission(s) violating the terms of this Agreement may serve as grounds for the United States to pursue an action in federal court for failure to comply with applicable civil rights authorities. K. GENERAL RELEASE 25. Complainant and Respondent irrevocably and unconditionally release, remise, and forever discharge each other and their respective parents, subsidiaries, principals, affiliates, partners, predecessors, successors, assigns, agents, officers, directors, shareholders, managers, members, commissioners, board members, elected officials, employees, representatives, insurance carrier, attorneys and all other persons acting by, though, under or in concert with any of them ("Released Parties"), from any and all charges, complaints, claims, liabilities, suits, rights, demands, costs, losses, debts, accounts, covenants, actions or causes of action, judgments and expenses, and any other claims of whatever nature, including, but not limited to, the allegations which were set forth or could have been set forth in the Actions, whether in contract or tort, including attorneys' fees and costs of any nature whatsoever, known or unknown, suspected or unsuspected, of every nature, character and description without limitation in law, equity or otherwise, which they, or any person, corporation, or entity claiming or purporting to claim by or through them, now have or have heretofore had against them, whether now known or unknown, suspected or unsuspected. This Release specifically includes, without limitation, all known and unknown claims for damages, both to person and property, diminution in value, and all other claims, damages, and necessary expenses of every kind arising now or in the future related to the Actions, except as necessary to enforce the terms of this Agreement. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties, including, but not limited to,those arising out of or connected with the Actions or the relationship and activities which took place between the Released Parties. This general release as set forth in this paragraph 25 is expressly intended to survive termination and/or expiration of this Agreement. RY City of Miami Beach Normandy v.City of Miami Beach,et al 04-17-7816-8/4/9 Page 7 of L. CERTIFICATION/SIGNATURES By affixing their signatures hereunder, the parties certify that they have reviewed and understand the terms and conditions of this Agreement, and that they have full authority to enter into this Agreement on behalf of themselves or as agents of others. L. SIGNATURES Complainant: Rick Yun for Normandy Living, LLC Date Title with Nonnandy Living, LLC Respondents City of Miami Beach& City of Miami Beach Planning Department: By: Signature Date Print Name Title APPROVED AS TO FORM&LANGUAGE Clerk &FOR EXECUTION cs?,\ . - 17 APPROVAL City Attorney Name illimermi Date Carlos Osegueda Date FHEO Region IV Director RY City of Miami Beach Normandy v.City of Miami Beach,et al 04-17-78164/4/9 Page 8 of 8