HomeMy WebLinkAboutR-2001-177 RESOLUTION NO. 2001-177
A RESOLUTION OF THE CITY OF DANIA BEACH FLORIDA
AUTHORIZING SETTLEMENT ON BEHALF OF THE CITY OF
DANIA BEACH WITH FRANCISCO CANALES, ADRIANA
CANALES AND PAOLO CANIGLIA IN REFERENCE TO
BROWARD CIRCUIT COURT CASE NO. 99-13497 CACE (08)
AND CODE ENFORCEMENT CASE NUMBER CEB-93-0108 FOR
FRANCO'S REPAIR SERVICE, 167 NORTH FEDERAL HIGHWAY;
PROVIDING FOR CERTAIN TIME CONSTRAINTS IN
COMPLETION OF THE SITE PLAN TO BRING PROPERTY INTO
CONFORMANCE; FURTHER, PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That the City Commission authorizes a settlement on behalf of the City of Dania
Beach in the matter styled "Francisco Canales, Adriana Canales, and Paolo Caniglia, Plaintiffs,
vs. The City of Dania Beach, Defendant", Broward County Circuit Court Case No. 99-13497 '
CACE (08).
Section 2. That upon Francisco Canales, Adriana Canales, and Paolo Caniglia bringing the
property into conformance with the site plan approved by the City Commission on August 14,
2001 (Resolution No. 2001-141) and in conformance with the time allotted for site plan
improvements as stated in the Stipulation and Settlement, the City shall execute a release and
satisfaction of the Final Order and Supplemental Order/Claim of Lien In Case No. CEB-93-0108.
Section 3. That this Resolution shall be in force and take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED this 25th day of September,
PATRICIA FLURY
MAYOR— COMMISSIONER
AT EST' ROLL CALL:
uqh
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
CHARLENE J H SON COMMISSIONER MIKES - YES
ACTING CITY CtERK VICE-MAYOR CHUNN - YES
MAYOR FLURY - YES
APPROVED AS T FO AND CORRECTNESS:
BY: J
THO AS .I. ANSBRO
CITY ATTORNEY
RESOLUTION NO. 2001-177
., FLORIDA
-
` �1,. -W
November 13, 2001
Timothy Ryan, Esquire
Ryan & Ryan, P.A.
700 East Dania Beach Boulevard
Dania Beach, Florida 33004
Re: Francisco Canales/Franco's Auto Repair Shop
167 North Federal Highway.
Dania Beach, Florida 33004
Dear Tim:
Mayor Flury signed the attached original "Stipulation of Settlement" in
regards to the above-referenced business. We are returning the original to you
with the understanding that you would complete the date on the front page.
• If you need any further information, please do not hesitate to contact me at
(954) 924-3622.
Sincerely,
r en J son, CIVIC
City Clerk
/cj
Enclosure
"Broward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us
IN THE CIRCUIT COURT OF THE
17" JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
FRANCISCO CANALES, ADRIANA CASE NO. 99-13497 (08)
CANALES, AND PAOLO CANIGLIA,
Plaintiffs,
vs.
THE CITY OF DANIA BEACH, A
Florida Municipal Corporation.
Defendant.
JOINT MOTION FOR STAY
PENDING PERFORMANCE OF SETTLEMENT AGREEMENT
COMES NOW the Parties to the above styled cause, by and through their
undersigned counsel and file this Joint Motion for Stay Pending Performance of Settlement
® Agreement and in support thereof states:
1. The parties in this cause have entered into a settlement agreement, a copy
of which is attached hereto and incorporated herein.
2. The settlement agreement provides for various actions to be taken by each
of the parties by dates certain.
3. The parties have agreed that the instant cause of action should be stayed,
with the court retaining jurisdiction for all purposes, including the enforcement of the
settlement agreement.
4. Upon completion of the settlement agreement, the Plaintiffs, in accordance
with the terms of the agreement, shall file a dismissal with prejudice of their cause of action.
WHEREFORE, the parties to this cause pray for the Agreed Order of this Court,
staying the above cause until such time as the performance of the settlement agreement
is complete, and retaining jurisdiction for the enforcement of said agreement.
DOUMAR, ALLSWORTH, CURTIS, RYAN & RYAN, P.A.
CROSS, LAYSTROM, PERLOFF, Attorneys for Defendant
VOIGT, WACHS & MAC IVER, LLP 700 East Dania Beach Boulevard
Attorneys for Plaintiffs Third Floor
1177 Southeast Third Avenue Dania Beach, FJmida 33004-3.90
Fort Laude Flori4 33316 Telephone: 54) 20-2921
Telep 54) 7� - 40
By: By:
Sfuart J ac , Esquire Timothy M. Ryan, Esquire
Florida r No. 947131 Florida Bar No. 325831
Date: Date:
2
t
IN THE CIRCUIT COURT OF THE
17`h JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
FRANCISCO CANALES, ADRIANA CASE NO. 99-13497 (08)
CANALES, AND PAOLO CANIGLIA,
Plaintiffs,
vs.
THE CITY OF DANIA BEACH, A
Florida Municipal Corporation.
Defendant.
STIPULATION OF SETTLEMENT
THIS STIPU TION OF SETTLEMENT is made and entered into this day
of 7;t�z�r 2001 b and between Pla
intiffs,amtiffs, FRANCISCO CANALES,
ADRIANA CANALES and PAOLO CANIGLIA, hereinafter referred to as "Plaintiffs"; and
® Defendant, THE CITY OF DANIA BEACH, hereinafter referred to as "Defendant".
WITNESSETH:
WHEREAS, said parties herein are engaged in litigation in the above styled cause,
and
WHEREAS, the parties have resolved the issues outstanding between themselves,
raised by the pleadings in the above referenced cause of action, and
WHEREAS, the Parties jointly and severally join in this Agreement, and agree to
be bound hereby in consideration of the mutual promises and covenants set forth herein,
and
WHEREAS, all parties warrant that the claims asserted by them are solely their own
and have not been assigned or transferred to any other party, and
WHEREAS, the Plaintiffs are the owners of that property located at 167 N. Federal
Highway, Dania Beach, Florida legally described as follows:
1 hereby certify this to be a tr
ue
and accurate copy of.t�ie_griginat
of this document, c
• Lots 1 and 4 and the East 53 feet of Lots 2 and 3, Block 10,
MODELO SUBDIVISION, now known as Dania Beach,
according to the plat thereof, as recorded in Plat Book "B" at
page 49 of the Public Records of Dade County, Florida; said
lands lying, situate and being in Broward County, Florida.
hereinafter referred to as the "Property", and
WHEREAS, Plaintiffs are also the owners and operators of a business known as
"Franco's Repair Service" at the Property, and
WHEREAS, Defendant has issued an occupational license to Plaintiffs business for
the operation of an auto repair service at the property, and
WHEREAS, Defendant had previously cited the Plaintiffs Property with alleged code
violations regarding the operation of their automotive repair facility, and
WHEREAS, there is pending certain action by the Defendant to enforce the
previously referenced code violations, and
WHEREAS,Plaintiffs have received the approval of the City of Dania Beach of a site
plan for the Property. The site plan referred to is that site plan which was approved by the
City of Dania Beach at the meeting of the Dania Beach City Commission on August 14,
2001, and
NOW THEREFORE, for and in consideration of the following covenants and
agreements, and other valuable consideration, the sufficiency of which is hereby
acknowledged, the parties do hereby mutually covenant and agree as follows:
1. The foregoing recitals are true and correct.
2. Neither this Agreement nor anything in it shall act as or constitute an
admission by any party hereto that he or it has breached any legal obligation owed to any
other party or has committed any wrongful act.
3. Plaintiffs agree that they shall take all actions necessary to bring the Property
into conformance with the site plan, and shall do so not later than January 1, 2002.
4. Plaintiffs shall submit complete building permit applications and plans to
Defendant not later than October 15, 2001 and Defendant agrees to issue approvals not
later than November 19, 2001. If necessary, the completion date shall be amended to be
the later of January 1, 2002 or sixty days from the date that all permits are issued by
2
Defendant. Further, the completion date shall be amended to be thirty (30)days from the
• completion of any final inspection/re-inspection by the Defendant.
5. Defendant stipulates and agrees that Plaintiffs shall be allowed to allow
vehicles to be parked behind the enclosed building within the fenced area of the Property
so long as, and only if, said vehicles are awaiting repairs. This includes periods when the
Plaintiffs' business is closed.
6. Defendant stipulates and agrees that Plaintiffs, and the employees and
agents of the Plaintiffs shall be allowed to perform brief diagnostic checks of vehicles in the
front of the enclosed building on the Property but shall not make any actual repairs to
vehicles unless said vehicles are located within the enclosed structure.
7. Upon completion of the site plan improvements, Defendant hereby completely
releases the Plaintiffs individually, and the Plaintiffs' Property from any claim or lien of any
kind arising out of Code Enforcement Board Case Number CEB93-0108. Defendant will
execute a release and satisfaction of the Final Order and Supplemental Order/Claim of Lien
in Case No. CEB-93-0108.
® 8. Upon completion of the site plan improvements, Plaintiffs release the City of
Dania Beach from any claim or demand arising out of Case Number CEB-93-0108 and
Broward County Circuit Court Case Number 99-13497 CACE (08). Plaintiff will file a
Voluntary Dismissal with prejudice in this cause of action.
9. Each party to this agreement shall bear their own attorney fees and costs in
the above referenced litigation.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals on the day
and year first above written.
F NCl§CO CANALAD I�`A ANAL
PAOLO CAN GLIA
THE CITY OF DANIA B ACH
By:
Patricia A. Flury, as Mayor
• STATE OF FLORIDA )
ss.:
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of
2001 , by FRANCISCO CANALES, e y no d
as identification, and w o i ak th.
NOTARY P B C
STATE OF ORIDA
My Commi sion Expires Stuff J.M acIve;
50 •-COn#CC 8191
STATE OF FLORIDA ) s;'fi�•—•�,= ExP1rm May 8,2�;
Banded Thr,
ss.: Auentic Bonding Co.,In
COUNTY OF BROWARD )
The foregoing instrument Was acknowledged before me this J day of
2001 , by ADRIANA CANALES ho is personally known to me
as identification, and who did (did-ne4j-take an o
NOTARY PU IC
STATE OFF ORIDA
My Commis ion Expires:
STATE OF FLORIDA 1 'xr,-commt� J.M 191
"f, CC 819110
ss.: .��` '' ` EWre® May 9,2003
COUNTY OF BROWARD �'�,°;;;,.`'� Boxdod Thu
lend-Bonding Co..Inc.
The foregoing instrument was acknowled ed before me this�day of
2001 , by PAOLO CANIGLI his personally known o m r
as identification, an w o di a an oat
'NOTARY Pn
STATE OF ""
!r P� Stuart J. Mae,
My Commis: ' S.C«n,nt ,, CC 81
STATE OF FLORIDA '' , n Bo"dod S.2(
COUNTY OF BROWARD epu°Bonding co,
I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State aforesaid and
in the County aforesaid,to take acknowledgFnents,personally appeared PATRICIA A..FLURY,as Mayor of
The City of Dania Beach who is ersonally known to m or who presented
as id tification an execu e e foregoing instrument and she
acknowledged before me that she executed the same for the purposes set out therein.
WITNES3 my hand and official seal in the County and State last aforesaid this l� day of
2001.
• CHARLENE KAYE JOHNSOM 1�0TARY PUBLIC 'af*o
Notarl Public, State of Florida STATE OF FLORIDA
My comm. exp. Aug. 12, 2005 My Commission Expires:
Comm. No. DD 032469
RESOLUTION NO. 2001-'177
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING SETTLEMENT ON BEHALF OF THE CITY OF
DANIA BEACH WITH FRANCISCO CANALES, ADRIANA
CANALES AND PAOLO CANIGLIA IN REFERENCE TO
BROWARD CIRCUIT COURT CASE, NO. 99-13497 CAGE (08)
AND CODE ENFORCEMENT CASE NUMBER CEB-93-0108 FOR
FRANCO'S REPAIR SERVICE, 167 NORTH .FEDERAL HIGHWAY;
PROVIDING FOR CERTAIN TIME CONSTRAINTS IN
COMPLETION OF THE SITE PLAN TO BRING PROPERTY INTO
CONFORMANCE; FURTHER, PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEA
FLORIDA:
Section 1. That the City Commission authorizes a settlement on behalf of the City of Di
Beach in the matter styled "Francisco Canales, Adriana Canales, and Paolo Caniglia, Plain!
vs. The City of Dania Beach, Defendant", Broward County Circuit Court Case No. 99-13,
CACE (08).
Section 2. That upon Francisco Canales, Adriana Canales, and Paolo Caniglia bringing
property into conformance with the site plan approved by the City Commission on August
2001 (Resolution No. 2001-141) and in conformance with the time allotted for site F
improvements as stated in'the Stipulation and Settlement, the City shall execute a release
satisfaction of the Final Order and Supplemental Order/Claim of Lien In Case No. CEB-93-01
Section 3. That this Resolution shall be in force and take effect immediately upon its pass
and adoption.
PASSED AND ADOPTED this 25th day of September, 20jN.
PATRICIA FLURY
MAYOR—COMMISSIONER
A JEST, ROLL CALL:
COMMISSIONER BERTINO -YES
COMMISSIONER MCELYEA-YES
C ARLENE J H SON COMMISSIONER MIKES -YES
ACTING CITY ERK VICE-MAYOR CHUNN - YES
MAYOR FLURY - YES
APPROVED AS TOfOJAND CORRECTNESS:
BY: I
THOIVtAS ,Y. ANSBRO
CITY ATTORNEY
RESOLUTION NO. 2001-1
LAW OFFICES
RYAN & RYAN, P.A.
THIRD FLOOR
700 EAST DANIA BEACH BOULEVARD
DANIA BEACH, FLORIDA 33004-3090
ARCHIE J.RYAN III
TIMOTHY M. RYAN TELEPHONE(954)920-2921
CHRISTOPHER J. RYAN' FACSIMILE(954)921-1247
HOWARD E.ENRIQUE
JOSHUA S. PINSKY
'Board Certified City,
County and Local
Government Lawyer November 14 , 2001
Stuart J. Mac Iver, Esq.
Doumar, Allsworth, Curtis, Cross, Laystrom,
Perloff, Voigt, Wachs & MacIver
1177 S . E. Third Avenue
Fort Lauderdale, Florida 33316
Re: Canales vs . Dania Beach
Case Number : 99-13497 (08 )
Our File Number : 17229D
Dear Mr. Mac Iver:
In connection with the above referenced litigation, enclosed
is the Joint Motion for Stay Pending Performance of Settlement
Agreement, the Stipulation of Settlement signed by the mayor and
your clients and the Resolution approving the Stipulation.
Please forward to my office a tru copy of the Agreed Order
Staying Cause of Action.
ery truly yr� r
TIM THY M. RYAN
TMR/rl
Encl . .
cc: Tom Ansbro, Esq.
City Attorney
Charlene Johnson
City Clerk
(with enclosures)
IN THE CIRCUIT COURT OF THE
17`h JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
FRANCISCO CANALES, ADRIANA CASE NO. 99-13497 (08)
CANALES, AND PAOLO CANIGLIA,
Plaintiffs,
vs.
THE CITY OF DANIA BEACH, A
Florida Municipal Corporation.
Defendant.
STIPULATION OF SETTLEMENT
THIS STIPULATION OF SETTLEMENT is made and entered into this day
of ,2001, by and between Plaintiffs, FRANCISCO CANALES,
ADRIANA CANALES and PAOLO CANIGLIA, hereinafter referred to as "Plaintiffs"; and
• Defendant, THE CITY OF DANIA BEACH, hereinafter referred to as "Defendant'.
WITNESSETH:
WHEREAS, said parties herein are engaged in litigation in the above styled cause,
and
WHEREAS, the parties have resolved the issues outstanding between themselves,
raised by the pleadings in the above referenced cause of action, and
WHEREAS, the Parties jointly and severally join in this Agreement, and agree to
be bound hereby in consideration of the mutual promises and covenants set forth herein,
and
WHEREAS, all parties warrant that the claims asserted by them are solely their own
and have not been assigned or transferred to any other party, and
WHEREAS, the Plaintiffs are the owners of that property located at 167 N. Federal
Highway, Dania Beach, Florida legally described as follows:
Lots 1 and 4 and the East 53 feet of Lots 2 and 3, Block 10,
MODELO SUBDIVISION, now known as Dania Beach,
according to the plat thereof, as recorded in Plat Book "B" at
page 49 of the Public Records of Dade County, Florida; said
lands lying, situate and being in Broward County, Florida.
hereinafter referred to as the "Property", and
WHEREAS, Plaintiffs are also the owners and operators of a business known as
"Franco's Repair Service" at the Property, and
WHEREAS, Defendant has issued an occupational license to Plaintiff s business for
the operation of an auto repair service at the property, and
WHEREAS, Defendant had previously cited the Plaintiff's Property with alleged code
violations regarding the operation of their automotive repair facility, and
WHEREAS, there is pending certain action by the Defendant to enforce the
previously referenced code violations, and
WHEREAS, Plaintiffs have received the approval of the City of Dania Beach of a site
plan for the Property. The site plan referred to is that site plan which was approved by the
City of Dania Beach at the meeting of the Dania Beach City Commission on August 14,
2001, and
NOW THEREFORE, for and in consideration of the following covenants and
agreements, and other valuable consideration, the sufficiency of which is hereby
acknowledged, the parties do hereby mutually covenant and agree as follows:
1. The foregoing recitals are true and correct.
2. Neither this Agreement nor anything in it shall act as or constitute an
admission by any party hereto that he or it has breached any legal obligation owed to any
other party or has committed any wrongful act.
3. Plaintiffs agree that they shall take all actions necessary to bring the Property
into conformance with the site plan, and shall do so not later than January 1, 2002.
4. Plaintiffs shall submit complete building permit applications and plans to
Defendant not later than October 15, 2001 and Defendant agrees to issue approvals not
later than November 19, 2001. If necessary, the completion date shall be amended to be
the later of January 1, 2002 or sixty days from the date that all permits are issued by
2
Defendant. Further, the completion date shall be amended to be thirty (30) days from the
completion of any final inspection/re-inspection by the Defendant.
5. Defendant stipulates and agrees that Plaintiffs shall be allowed to allow
vehicles to be parked behind the enclosed building within the fenced area of the Property
so long as, and only if, said vehicles are awaiting repairs. This includes periods when the
Plaintiffs' business is closed.
j
6. Defendant stipulates and agrees that Plaintiffs, and the employees and
agents of the Plaintiffs shall be allowed to perform brief diagnostic checks of vehicles in the
front of the enclosed building on the Property but shall not make any actual repairs to
vehicles unless said vehicles are located within the enclosed structure.
7. Upon completion of the site plan improvements, Defendant hereby completely
releases the Plaintiffs individually, and the Plaintiffs' Property from any claim or lien of any
kind arising out of Code Enforcement.Board Case Number CEB93-0108. Defendant will
execute a release and satisfaction of the Final Order and Supplemental Order/Claim of Lien
in Case No. CEB-93-0108.
8. Upon completion of the site plan improvements, Plaintiffs release the City of
Dania Beach from any,claim or demand arising out of Case Number CEB-93-0108 and
Broward County Circuit Court Case Number 99-13497 CACE (08). Plaintiff will file a
Voluntary Dismissal with prejudice in this cause of action.
9. Each party to this agreement shall bear their own attorney fees and costs in
the above referenced litigation.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals on the day
and year first above written.
F NCISCO CANAL
AD�IAAA NAL
PAOLO CARfdLlA
THE CITY OF DANIA BEACH
By:
Patricia A. Flury, as Mayor
3
STATE OF FLORIDA )
ss.:
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day ofi �
2001 , by FRANCISCO CANALES, e My no d
as identification, and w o 1 �d-not)-tak th.
s NOTARY.P B C
STATE OF ORIDA
My Commi sion Expires*- `�"Y' ''S. c C Stuart J.Afad
�{ 1•- omrat"ede� CC 819110
STATE OF FLORIDA ) Ver
Ea Bondiroo ed Tji 2003
m
SS.:
%,'�F",• Atlantic Bonding Co.,Inc.
COUNTY OF BROWARD )
The foregoing.instrument _§acknowledged before me this day of
2001 , by ADRIANA CANALES6yk is Hall own to me
as identification, and who did (mod-eetj-4eke an o
NOTARY PU IC
STATE OF F ORIDA
My Commis ion Expires:
=k,N�r.�� Stuart J.MacIver
?g'� c
STATE OF FLORIDA ) ' t 1•:CO +#CC 819110
® ss.: ''' ire" MAY 9,2003
COUNTY OF BROWARD • ) A lantic �
Bonding Co.,Inc.
The foregoing instrument was acknowledged before me this—Z day of v ,
2001 , by PAOLO CANIGLI is personally known o me b
as identification, an w o di ace an oat
NO ARY P LI
STATE OF L11IDA •�iir"',,�., St
My Commi n Expires: =?4 � , Cotrup(ad J• MaeIver
s wm#CC819I10
&pMre" Mal' 8.2003
.,
Oi'Fl Bonded Th,,
STATE OF FLORIDA At "cB dineCo.,Inc
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State aforesaid and
in the County aforesaid,to take acknowled ments,personc Ily appeared PATRICIA A.. FLURY,as Mayor of
The City of Dania Beach who is V. rsonally known tom or who presented
as id tification and executed ie foregoing instrument and she
acknowledged before me that she executed the same for the purposes set out therein. /
WITNES my hand and official seal in the County and State last aforesaid this `� day of
2001.
CHARLENE KAYE JOHNSON TRY PUBLIC
Notary Public, State, of Florida STATE OF FLORIDA
My Comm. exp. Aug. 12, 2005 My Commission Expires:
Comm. No. DD 032469
4
IN THE CIRCUIT COURT OF THE
17`h JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
FRANCISCO CANALES, ADRIANA CASE NO. 99-13497 (08)
CANALES, AND PAOLO CANIGLIA,
Plaintiffs,
vs.
THE CITY OF DANIA BEACH, A
Florida Municipal Corporation.
Defendant.
STIPULATION OF SETTLEMENT
THIS STIPULATION OF SETTLEMENT is made and entered into this day
of , 2001, by and between Plaintiffs, FRANCISCO CANALES,
ADRIANA CANALES and PAOLO CANIGLIA, hereinafter referred to as "Plaintiffs", and
Defendant, THE CITY OF DANIA BEACH, hereinafter referred to as "Defendant".
WITNESSETH:
WHEREAS, said parties herein are engaged in litigation in the above styled cause,
and
WHEREAS, the parties have fully resolved all of the issues outstanding between
themselves, including, but not necessarily limited to the issues raised by the pleadings in
the above referenced cause of action, and
WHEREAS, the Parties jointly and severally join in this Agreement, and agree to
be bound hereby in consideration of the mutual promises and covenants set forth herein,
and
WHEREAS, all parties warrant that the claims asserted by them are solely their own
and have not been assigned or transferred to any other party, and
WHEREAS, the Plaintiffs are the owners of that property located at 167 N. Federal
Highway, Dania, Florida legally described as follows:
- "A"
Lots 1 and 4 and the East 53 feet of Lots 2 and 3, Block 10,
MODELO SUBDIVISION, now known as DANIA, according to
the plat thereof, as recorded in Plat Book "B" at page 49 of the
Public Records of Dade County, Florida; said lands lying,
situate and being in Broward County, Florida.
hereinafter referred to as the "Property", and
WHEREAS, Plaintiffs are also the owners and operators of a business known as
"Franco's Repair Service" at the Property, and
WHEREAS, Defendant has issued an occupational license to Plaintiff's business for
the operation of an auto repair service at the property, and
WHEREAS, Defendant had previously cited the Plaintiff's Propertywith alleged code
violations regarding the operation of their automotive repair facility, and
WHEREAS, there is pending certain action by the Defendant to enforce the
previously referenced code violations, and
WHEREAS, Plaintiffs have received the approval of the City of Dania of a site plan
for the Property. The site plan referred to is that site plan which was approved by the City
® of Dania at the meeting of the Dania City Commission on August 14, 2001, and
NOW THEREFORE, for and in consideration of the following covenants and
agreements, and other valuable consideration, the sufficiency of which is hereby
acknowledged, the parties do hereby mutually covenant and agree as follows:
1. The foregoing recitals are true and correct.
2. Neither this Agreement nor anything in it shall act as or constitute an
admission by any party hereto that he or it has breached any legal obligation owed to any
other party or has committed any wrongful act.
3. Plaintiffs agree that they shall take all actions necessary to bring the Property
into conformance with the site plan, and shall do so not later than January 1 , 2002.
4. Plaintiffs shall submit complete building permit applications and plans to
Defendant not later than October 15, 2001 and Defendant agrees to issue approvals not
later than November 19, 2001. If necessary, the completion date shall be amended to be
the later of January 1, 2002 or sixty days from the date that all permits are issued by
0
2
Defendant. Further, the completion date shall be amended to be thirty (30) days from the
completion of any final inspection/re-inspection by the Defendant.
5. Defendant stipulates and agrees that Plaintiffs shall be allowed to allow
vehicles to be parked behind the enclosed building within the fenced area of the Property
so long as, and only if, said vehicles are awaiting repairs. This includes periods when the
Plaintiffs' business is closed.
6. Defendant stipulates and agrees that Plaintiffs, and the employees and
agents of the Plaintiffs shall be allowed to perform brief diagnostic checks of vehicles in the
front of the enclosed building on the Property but shall not make any actual repairs to
vehicles unless said vehicles are located within the enclosed structure.
7. Defendant hereby completely releases the Plaintiffs individually, and the
Plaintiffs' Property from any claim or lien of any kind arising out of Code Enforcement Board
Case Number CEB93-0108. Defendant will execute a release and satisfaction of the Final
Order and Supplemental Order/Claim of Lien in Case No. CEB-93-0108.
8. Plaintiffs release the City of Dania Beach from any claim or demand arising
out of Case Number CEB-93-0108 and Broward County Circuit Court Case Number
99-13497 CACE (08).
9. Each party to this agreement shall bear their own attorney fees and costs in
the above referenced litigation.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals on the day
and year first above written. _-------------
-----------_.__A__
F ANCISCO CANAL
ADRt N CANA
PAOLO CANIGLIA
THE CITY OF DANIA BEACH
By:
Patricia A. Flury, as Mayor
3
• STATE OF FLORIDA )
ss.:
COUNTY OF BROWARD )
The foregoing instrument was acknowlQdCled before me this Zt day ofS'r,""4�
2001 , by FRANCISCO CANAL S who is personally known to m r who has produc d
as identification, and w o id (did no th.
NOTARY P BLIC
STATE OF FLORI A
My Commission xpires: Stuart J. Maelver
cc 819110
STATE OF FLORIDA ) =,�+ B od�Thru003
ss.: '��.' „�. ' Atlantic Bonding Co.,Inc.
COUNTY OF BROWARD )
Tinstrument was ackoQwjedged before me this day of 2 �,
2001 , b DRIANA CANALES, who is ersonally known tom who has produced
as i en i ica ion, and who did (di no a e
TARY PU IC
STATE/OF ORIDA ,,.�Y� Stuart J. MacIver
My C m sion Expires.�o '-..
?t � Co #cc819110
area )daY 8,2003
• STATE OF FLORIDA ) ';;�oFa,.• man «i Thn,
ss.: llc B.-dingC..,in,-
COUNTY OF BROWARD )
T gxego}+�g 4+�stt++ e+ t was ed before me i ! day of d
2001 , PAOLO CANIGLIA, who is personally known to m o has produced
as i en i ica ion, an w o a
NOTARY PUBLIC
STATE OF FLO DA 0.......
My Com issio Expires: 'r' C Stuart J MacIver
0 cc 819110
STATE OF FLORIDA t°F ,• eaaa.a T, 3
�•nu AtlanUl Bong Co.,Inc.
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State aforesaid and
in the County aforesaid,to take acknowledgments, personally appeared PATRICIA A.. FLURY, as Mayor of
The City of Dania Beach who is personally known to me, or who presented
as identification and executed the foregoing instrument and she
acknowledged before me that she executed the same for the purposes set out therein.
WITNESS my hand and official seal in the County and State last aforesaid this day of
, 2001.
• NOTARY PUBLIC
STATE OF FLORIDA
My Commission Expires:
4
LAW OFFICES
RYAN & RYAN, P.A.
THIRD FLOOR
700 EAST DANIA BEACH BOULEVARD
DANIA BEACH, FLORIDA 33004-3090
ARCHIE J.RYAN III
TIMOTHY M.RYAN TELEPHONE(954)920-2921
CHRISTOPHER J.RYAN' FACSIMILE(954)921-1247
'Board Certified City, September 19, 2001
County and Local
Government Lawyer
VIA HAND DELIVERY
Ms . Charlene Johnson
Acting City Clerk
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Re: Canales Stipulation of Settlement
Our File No. 17693D
Dear Ms . Johnson:
Enclosed is a proposed Stipulation of Settlement regarding the
lawsuit filed by Francisco Canales, Adriana Canales, and Paolo
Caniglia against the City of Dania Beach arising out of a code
enforcement case for repairs and parking of vehicles at 167 N.
Federal Highway in Dania Beach.
Mr . Canales came before the Commission last month with a site
plan which was approved by the Commission. The Stipulation for
Settlement provides for certain time constraints in completing the
site plan, dismisses the code enforcement case, and also dismisses
the Circuit Court case .
4 r Please set this matter on the Commission agenda for Tuesday,
Abe= 25, 2001 for the Commission' s consideration. I will appear
before the City Commission to explain the background on the
litigation and to discuss the proposed settlement .
Please contact my office if there are ,any questions or you
need additional documentation.
ery truce 'you s,
TIM THY RYAN
TMR/rs
cc: Jason Nunemaker, Acting City Manager )
Tom Ansboro, Esq. , City Att rney ) a. 1 with enclosure
Larry Leeds, Growth Management Director )
LAw OFFICES
DOUMAB, ALLSWORTH, CURTIS, CBOSS, LAYSTHOM,
PEBLOFF, VOIGT, WACHS & MAC IVEH, LLP
EMERSON ALLSWORTH,P.A. 1177 SOUTHEAST THIRD AVENUE C.WILLIAM LAYSTROM,JR.,P.A.
E.SCOTT ALLSWORTH,P.A. STUART J. MAC IVER,P.A.
MARK E.ALLSWORTH,P.A. FORT LAUDERDALE, FLORIDA 33316-1197 JOHN W. PERLOFF,P.A.*
WILLIAM S.CROSS, BROWARD (954)762-3400 JOHN D.VOIGT,P.A.
JEFFREY S.WACHS,P.A.t
C HARLES L.CURTIS,P.A.P.A.
RAYMOND A.DOUMAR,P.A.- MIAMI (305)945-3172
TELEFAX(954)525-3423 CHRISTINA R.CASALS,P.A.
t ALSO ADMITTED IN PENNSYLVANIA JOHN H.ADAIR,III,P.A.
ALSO ADMITTED IN MICHIGAN
A BOARD CERTIFIED REAL ESTATE LAWYER
CERTIFIED CIRCUIT CIVIL AND FAMILY MEDIATOR
September 17, 2001
Tim Ryan, Esquire Hand Delivered
Ryan & Ryan, P.A.
700 East Dania Beach Boulevard
Dania Beach Florida 33304
RE: Francisco Canales/Franco's Auto Repair Shop
167 N. Federal Highway
Dania, Florida 33004
Dear Mr. Ryan:
Forwarded herewith is an original executed Stipulation of Settlement for presentation
and consideration at the Dania City Commis on meeting Tuesday, September 25, 2001.
Very truly yours,
r'
ua J. a er -
For t e Fi m
/djm
Enclosures