On January 30, 1969, the parties to a lawsuit styled A.L. Mailman and J.L. Mailman v. City of Hallandale Beach, City of Hollywood, and Broward County, Case No.67-4954-Tedder, entered into an Agreement of Settlement that created a restrictive covenant affecting land running north to south on the eastern edge of DeSoto Waterway, between approximately Hallandale Beach Boulevard and Waterside Lane (the "Buffer Zone"). Under the restrictive covenant, the Buffer Zone, created for the benefit of homeowners on Diplomat Parkway across the waterway, cannot be utilized for vehicular parking or the docking of boats.
In July 2012, the Plaintiff, CVS 10078 FL, LLC ("CVS"), acquired a parcel of land on the corner of Hallandale Beach Boulevard and Diplomat Parkway, with the intention of developing a drugstore and related surface parking. A portion of CVS's proposed parking plan is situated within the Buffer Zone. CVS filed a lawsuit naming as Defendants, Broward County, the City of Hollywood, the City of Hallandale Beach, and approximately 727 property owners along the Desoto Waterway, and seeking relief from the restrictive covenant, to allow construction of its proposed parking lot within a portion of the Buffer Zone. All property owners have signed waivers and releases or have been defaulted by the court. On January 25, 2013, the City of Hollywood entered into a Stipulation of Dismissal with CVS, waiving any claims and objections to CVS's proposed use within the portion of the Buffer Zone. As part of a Development Agreement between CVS and the City of Hallandale Beach, a settlement was approved at the City Commission meeting on May 7, 2014.
On March 7, 2014, the parties participated in mediation, at which time a proposed settlement was reached between CVS and Broward County, pending approval by the Board of Broward County Commissioners. The terms of the proposed settlement are provided in the Stipulation of Settlement between CVS and Broward County signed by CVS, attached as Exhibit 1, and include waiving any objection to a modification of the restrictive covenant to allow the CVS parking area, compensating Broward County for attorneys' fees and costs incurred in defending this action, and providing indemnification by CVS Pharmacy, Inc. Correspondence from CVS Pharmacy, Inc., is attached as Exhibit 2.
The Broward County Highway Construction and Engineering Division and the Broward County Planning and Redevelopment Division concur with and recommend approval of this settlement.
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