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99-23170 RESO RESOLUTION NO. 99-23170 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO ENTER INTO A FIFTH AMENDMENT TO SETTLEMENT AGREEMENT IN CITIZENS FOR GREENSP ACE. INC. AND MICHAEL KINERK VS. THE CITY OF MIAMI BEACH. SEYMOUR GELBER. NEISEN O. KASDIN, SY EISENBERG. SUSAN F. GOTTLIEB. DAVID T. PEARLS ON. MARTIN SHAPIRO. NANCY LIEBMAN. ABE RESNICK. THE GREATER MIAMI HEBREW ACADEMY AND DAUGHTERS OF ISRAEL. INC. U.S. DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 92-1594-CIV-GRAHAM, TO EXTEND THE EFFECTIVE DATE OF THE SETTLEMENT AGREEMENT THROUGH AND INCLUDING DECEMBER 31, 1999. WHEREAS, a Settlement Agreement was entered into on October 17, 1995 between all parties in Citizens for Greenspace. Inc. and Michael Kinerk vs. the City of Miami Beach. Seymour Gelber. Neisen o. Kasdin. Sy Eisenberg. Susan F. Gottlieb. David T. Pearlson. Martin Shapiro. Nancy Liebman. Abe Resnick. the Greater Miami Hebrew Academy and Daughters of Israel. Inc. which was filed in the U.S. District Court for the Southern District of Florida, Case No. 92-1594- CIV -GRAHAM; and WHEREAS, in order to effectuate the terms of the Settlement Agreement, the parties have entered into four amendments to the Settlement Agreement extending the Effective Date of the Settlement Agreement through and including June 30, 1999; and WHEREAS, as additional time is needed for the parties to comply with the terms of the Settlement Agreement, it is deemed necessary to enter into a Fifth Amendment to the Settlement Agreement (which is attached hereto as Exhibit A and incorporated herein by reference) to extend the Effective Date of Settlement Agreement through and including December 31, 1999. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the City Attorney is authorized to enter into a Fifth Amendment to the Settlement Agreement attached hereto as Exhibit A in order to accomplish the above-stated purpose. DONE AND ORDERED this 26th day of May 'j /1 . YOR AT~1 (QAcL- CITY CL RK APPROVED AS TO FORM & LANGUAGE & FOR EXECUtiON 1':\'\1'1'0\11 JRN\( )R])lNANC\GREENSP~. EXT ll.rnhfg 111~ i ~ttomey 5//<.199 , Ddte : FIFTH AMENDMENT TO SETTLEMENT AGREEMENT This Fifth Amendment to Settlement Agreement ("Fifth Amendment") is made this May 3, 1999 among Citizens for Greenspace, Inc. and Michael Kinerk (collectively "Plaintiffs"), the City of Miami Beach, Seymour Gelber, Neisen O. Kasdin, Sy Eisenberg, Susan F. Gottlieb, David T. Pearlson, Martin Shapiro, Nancy Liebman, Abe Resnick (collectively "Municipal Defendants"), and Greater Miami Hebrew Academy and Daughters of Israel, Inc., (collectively "Private Defendants") as represented by counsel. WHEREAS, the parties entered into a Settlement Agreement dated as of October 17, 1995 (the "Settlement Agreement") as amended by First Amendment to Settlement Agreement dated December 31, 1996 (the "First Amendment") and Second Amendment to Settlement Agreement dated December 18, 1997 (the "Second Amendment") and Third Amendment to Settlement Agreement dated June 9, 1998 (the "Third Amendment") and Fourth Amendment to Settlement Agreement dated November 16, 1998 (the "Fourth Amendment") (collectively the "Amendments"), and WHEREAS, the parties desire to modify the Settlement Agreement pursuant to the terms of this Fifth Amendment as set forth below. NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: 1. In all places where the words "December 31, 1996" appear in the original version of paragraph 22(f) of the Settlement Agreement, those words are hereby amended to read "December 31, 1999". Thus, if the Effective Date does not occur on or before December 31, 1999 (unless extended by mutual consent of all the parties or their respective counselor unless waived by the Hebrew Academy as provided in the second sentence of paragraph 22(f)), then the Settlement Agreement and any incorporated releases pursuant to paragraph 14 of the Settlement Agreement are void and unenforceable, and the parties agree to submit to the Court a Joint Motion to Set Action for Trial, the form of which is attached as Exhibit"L" to the First Amendment. 2. This Fifth Amendment may be executed in counterpart copies and the fact of execution may be via telecopy. 3. Except as specifically set forth herein, the Settlement Agreement remains in full force and effect and unchanged. IN WITNESS WHEREOF, the parties have executed this agreement as of the date first above written. FOR PLAINTIFFS: BY:~~ %~ Tra Nichols, Esq. FOR MUNICIPAL DEFENDANTS: By: ~J!~- Murray Dubb n, Esq. FOR PRIVATE DEFENDANTS: By: 2 :- OFFICE OF THE CITY ATTORNEY q. of J/Gomi 71tm'A F L o R o A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. 3t.o ~ - 9 ~ TO: Mayor Neisen O. Kasdin and Members of the City Commission Murray H. Dubbin \ .t\i.\V City Attorney ~ V. CITIZENS FOR GREENSP ACE. INC.. ET AL v. CITY OF MIAMI BEACH, ET AL, U.S. DISTRICT COURT, SO. DISTRICT OF FLORIDA, CASE NO. 92-1594-CIV-GRAHAM / EXTENSION OF SETTLEMENT AGREEMENT. DATE: May 26, 1999 FROM: SUBJECT: The parties in the above referenced litigation entered into a Settlement Agreement on October 17, 1995 which provided for, inter alia, various Zoning Ordinance and Comprehensive Plan amendments in order to effectuate the terms thereof. Four amendments to the Settlement Agreement have previously been entered into which extended the Effective Date of the Settlement Agreement until and including June 30, 1999. In order to comply with the terms of the Settlement Agreement, a fifth amendment to the Settlement Agreement extending the Effective Date to December 31, 1999 is required. Attached hereto, please fmd a Fifth Amendment to Settlement Agreement which has already been executed by counsel for all other parties in this case. It is recommended that the City Commission authorize the City Attorney to execute the Fifth Amendment to Settlement Agreement in order that the parties will have sufficient time to satisfy the terms of the Settlement Agreement. OITr1Ifg F:\A TIOITIJRN\COMMMEMOIGRENSPC),MI:.M Agenda Item C 7 A S-2..Io-~ Date 1700 Convention Center Drive - Fourth Floor -- Miami Beach, Florida 33139