Stipulation for Settlement
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 04-10744CA31
GLORIA ROSENTHAL, Trustee
of the Gloria Rosenthal Trust
u/ald 5/19/88, nlk/a the Gloria Rosenthal
Trusl u/ald/ 5/14/99,
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Plaintiff,
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THE CITY OF MIAMI BEACH,
a political subdivision of the State
of Florida,
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Defendant.
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STIPULATION FOR SETTLEMENT
Plaintiff, GLORIA ROSENTHAL, Trustee of the Gloria Rosenthal Trust u/ald 5/19/88,
'nlk/a the Gloria Rosenthal Trust u/aldI 5/14/99 (hereinafter referred to as "Plaintiff'), and
Defendant, THE CITY OF MIAMI BEACH (hereinafter referred to as "Defendant") (hereinafter
cumulatively referred to as the "Parties"). fiie and execute this Stipulation for Settlement and
state:
1. The Parties have amicably resolved this matter.
2. Plaintiff shall sell to Defendant the real property at issue in this case, legally described as
follows:
Lot 10 Block 13, Amended Plat of Alton Beach Realty Company,
Plat Book 9 Page 146, of the Public Records of Miami-Dade
County, Florida (hereinafter referred to as the "Property").
The mailing address for the Property is: 1833 Bay Road, Miami Beach, FL 33139.
3. The terms of the sale shall be governed by and subject to the conditions of a contract for
purchase and sale, as executed by the parties, and as set forth herein.
4. Defendant shall pay the total amount of ONE-MILLION EIGHTY THOUSAND
DOLLARS AND ZERO CENTS ($1,080,000.00) for the purchase of the Property.
5. In addition, the Parties shall pay a total commission for the sale of the Property in the
amount of SIXTY-THOUSAND DOLLARS AND ZERO CENTS ($60,000.00) to Royal
Palm Realty and the Keyes Company. Royal Palm Realty and the Keyes Company shall
each receive THIRTY THOUSAND DOLLARS AND ZERO CENTS ($30,000.00) as
their commission for the sale of the Property to Defendant. Plaintiff shall pay 50% of the
commission, in the amount of THIRTY THOUSAND DOLLARS AND ZERO CENTS
($30,000.00), and Defendant shall pay 50% of the commission, in the amount of
THIRTY THOUSAND DOLLARS AND ZERO CENTS ($30,000.00).
6. The terms of the contract for sale and purchase between the Parties shall have
substantially the same terms and conditions as set forth in the purchase and sale contract
executed on or about March 22, 2004 by Plaintiff and Tamron Properties L.L.C (attached
as Exhibit "C" to the Complaint filed in this matter), except as otherwise stated herein.
7. The closing shall take place prior to January 31,2004.
8. Each party shall bear its own costs and attorneys' fees.
9. This Court shall retain jurisdiction for the purpose of enforcing the terms of this
settlement.
10. The Parties agree to this Court's entry of an Order of Dismissal with Prejudice.
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Executed on this f ~ day of \.--r'(Y~ I .
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(Plaintiff, GLORIA ROSENTHAL
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ROSEN & SWITKES P.L.
Attorneys for Plaintiff
407 Lincoln Road, Penthouse S.E.
Miami Beach, Florida 33139
Tel: 305-534-4757 ,)
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By: R{j~~;~:sWIi~;~:'E Q.
FBN: 241059
CITY OF MIAMI BEACH
CITY ATTORNEY'S OFFICE
Attorneys for Defendant
1700 Convention Center Drive
Fourth Floor
Miami B.each, F: orida 33139
Tel: 105- 11 7 70
By:
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A ASAN, ESQ.
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CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Robert Parcher, City Clerk
FROM: Raul J. Aguila rt-
First Assistant City Attorney
SUBJECT: Gloria Miller Rosenthal Sale to City of Miami Beach (1833 Bay Road)
DATE: February 2, 2005
In connection with the above-referenced transaction, enclosed please find copies of the
closing documents recorded in the Official Records of Miami-Dade County, Florida.
Should you have any questions or comments concerning the enclosed documents, please
do not hesitate to call me.
RJAjed
F:\atto\AGUR\MEMOS\Gloria Miller Rosenthal to CMB - Closing Documents.doc