COOPER CITY· A dispute over who should maintain rights-of-ways owned by Embassy Lakes ended Tuesday with commissioners settling the development's lawsuit against the city.

The suit, filed 1 1/2 years ago by the Embassy Lakes Master Homeowners Association, claimed the city should maintain the rights-of-ways, saying all Cooper City residents use them.
 
Under the settlement, the city has agreed to maintain only a portion of 106th Avenue south of Stirling Road, leading to the residential community's guardhouse and municipal facilities such as the fire and police departments and a sports complex. The city will continue maintaining Palm Avenue from Stirling Road and Sheridan Street.

Furthermore, commissioners adopted a resolution encouraging the Broward County School Board to help the association maintain Southeast Lake Way from Hiatus Road to Embassy Drive South. The association claims Southeast Lake Way, a private street, is affected by traffic created by Embassy Creek Elementary School.

The city won't be liable if the school refuses to cooperate.

"That's an acceptable settlement. They got very little of anything," commissioner Scott Kleiman said. "The city's position was very strong, and we would have ultimately prevailed."

Steven Lippman, who filed the suit on behalf of the association, said he was happy with the outcome.

Commissioner Debby Eisinger, an Embassy Lakes homeowner, said she was glad to see the matter resolved.

"Had it gone to a judicial verdict, regardless of the outcome, I would have viewed it as a no-win situation for both the city and the association," Eisinger said. "It would have only created frictions."

The lawsuit became an issue in the March election, when Eisinger bid for her commission seat.

Former commissioner Barry Warsch, who was her opponent, said she would have faced a possible conflict of interest because her husband, Dennis, is the association's attorney. Dennis Eisinger didn't represent the association in the litigation.

An opinion by the Florida Commission on Ethics stated "it does not appear" there was a conflict. Eisinger voted Tuesday to approve the settlement.

The Embassy Lakes community consists of 13 subdivisions of 1,586 single-family homes and townhouses between Sheridan Street on the south, Stirling Road on the north, Palm Avenue on the east and Hiatus Road on the west.

Association president Steven Marhee said homeowners pay $72.65 to $100 a month for maintenance, management, security and landscaping. He said the board of directors would decide whether to reduce fees as the city is assuming some maintenance responsibility.

He said Embassy Lakes voters, who played an active role in getting Eisinger elected to the District 4 commission seat, would continue seeking representation on the commission.