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Home My Public Portal About2002 Agreement Re Ocean Park.tifme immediately. Sincerel Ste 103.039 Enclosure cc: Mr. Todd Hofferberth WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. ATTORNEYS AT LAW MITCHELL A. BIERMAN NINA L. BONISKE JAMIE ALAN COLE EDWARD G. GUEDES STEPHEN J. HELFMAN GILBERTO PASTORIZA JOSEPH H. SEROTA NANCY E. STROUD RICHARD JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ THOMAS J. ANSBRO* LILLIAN ARANGO DE LA HOZ* ALISON S. BIELER MITCHELL J. BURNSTEIN ELAINE M. COHEN MIAMI-DADE OFFICE 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE (305) 854-0800 TELECOPIER (305) 854-2323 WWW.WSH-FLALAW.COM BROWARD OFFICE 3107 STIRLING ROAD, SUITE 300 FORT LAUDERDALE, FLORIDA 33312 TELEPHONE (954) 763-4242 • TELECOPIER (954) 764-7770 Ms. Jacqueline Menendez Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 Re: Ocean Park Dear Jackie: *OF COUNSEL September 18, 2002 DOUGLAS R. GONZALES JOHN R. HERIN, JR. CHRISTOPHER F. KURTZ PETER A. LICHTMAN KAREN LIEBERMAN• MATTHEW H. MANDEL BERNARD 5. MANDLER• ALEXANDER L. PALENZUELA-MAURI MICHAEL S. POPOK• ANTHONY L. RECIO GARY I. RESNICK• MARK A. ROTHENBERG SCOTT A. ROBIN DANA J. SCHINDLER GAIL D. SEROTA* ARI C. SHAPIRO JEFFREY P. SHEFFEL FRANCINE THOMAS STEELMAN SUSAN L. TREVARTHEN CARMEN I. TUGENDER Enclosed is an originally executed copy of the Agreement entered into between the Ocean Club and the Gardens of Key Biscayne Alhambra Association. You may recall that this Agreement requires the Village to keep the park open between the hours of 6 a.m. and 11 p.m. The Village Council may alter those hours at any time and from time to time if the Council determines that it is in the public health, safety or welfare to do so. In the event that the Council wishes to change those hours, notice must be provided to the Association in accordance with the Agreement. 1 If you have any questions or concerns regarding I is matter, please do not hesitate to call 1 . Helfman AGREEMENT This is an Agreement made and entered into as of the 26th day of June, 2002, between The Gardens of Key Biscayne -Alhambra Association, Inc. (the "Gardens"), The Key Biscayne Ocean Club Limited Partnership (the "Ocean Club") and The Village of Key Biscayne (the "Village"). RECITALS On December 7, 1999, the Gardens filed a lawsuit (The Gardens of Key Biscayne/Alhambra Association, Inc. v. Key Biscayne Ocean Club, Ltd. and the Village of Key Biscayne, Case No. 99 -28028 -CA -01[6]) (the "Lawsuit") against the Ocean Club and the Village claiming, among other things, various easement rights in a portion of a two (2) ±acre tract of oceanfront land acquired by the Village from the Ocean Club. The Village has developed and operates the property as a beach park (the "Beach Park") for the benefit of all the residents of Key Biscayne, including the Gardens unit owners. Giving due regard to the reasonable beach access needs of the Gardens unit owners who relinquished their original easement rights, and all residents of Key Biscayne, the parties have agreed to settle the Lawsuit upon the following terms and conditions: 1. Ocean Club's Obligations. Upon the execution of this Agreement by all parties, the Ocean Club will pay to the Gardens the sum of Five Thousand Dollars ($5,000.00). 2. Village's Obligations. The Village, through the Village Council, agrees to promptly adopt a resolution establishing the permanent operating hours of the Beach Park as 6:00 a.m. to 11:00 p.m. daily. The parties acknowledge, and by entering into this Agreement, agree that the Village, after a public meeting with notice to the Gardens and an opportunity for the Gardens to be heard, may, pursuant to its police power, at any time and from time to time, change the hours of operation of the Beach Park in order to protect the health, safety or welfare of the residents of the Village. 3. Gardens Obligations. Immediately after the Ocean Club has paid the $5,000.00 to the Gardens and the Village has passed and adopted the resolution described in paragraph 2 above, the Gardens shall file a voluntary dismissal with prejudice of the Lawsuit and the escrow agent is instructed to turn over the Quit Claim Deed to the Ocean Club for recording. 4. Attorneys Fees and Costs. The parties agree that they shall each bear and be responsible for their own attorneys fees and costs. Agreed to and Accepted as of this ( )/day of September, 2002. KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP By: Print Name: CS t\ N /Q • `" 14 Su n.l • ."4—S Title: GARDENS OF KEY BISCAYNE-ALHAMBRA ASSOCIATION, INC. By: � �, .,G Print Name: l- 1 K( M, Title: FK.E1 L t= J i aft--tt MA 5 VILLAGE OF KEY BISCAYNE By: Jacque je Menendez, V ge Manager 2