95-21473 RESO Incomplete
RESOLUTION NO. 95:"21473
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH ACCEPTING A
SETTLEMENT AGREEMENT BETWEEN THE CITIZENS
FOR GREENSPACE, INC., AND THE CITY OF MIAMI
BEACH, THE GREATER MIAMI HEBREW ACADEMY,
AND THE DAUGHTERS OF ISRAEL, INC. AND
AUTHORIZING THE EXECUTION OF ANY NECESSARY
DOCUMENTS.
WHEREAS, Plaintiffs have, through their attorney, asserted claims against the Defendants
in Case No. 92-1594 CIV - GRAHAM, which is pending in the United States District Court for the
Southern District of Florida; and
WHEREAS, the parties desire to settle the outstanding claims; and
WHEREAS, the parties have agreed to the terms and conditions as set forth in the Settlement
Agreement attached hereto as Exhibit "A"; and
WHEREAS, the Plaintiffs have agreed to dismiss their action against the City upon full
execution of this Agreement, City Commission approval of this Agreement and court approval of
this Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section I:
That the City Commission approves the Settlement Agreement
attached as Exhibit "A".
Section 2:
That the City Commission approves the site plan for the development
of the one acre parcel to be retained by the Hebrew Academy.
Section 3:
That the City Commission authorizes all necessary City personnel to
execute the Settlement Agreement documents.
PASSED and ADOPTED this 18th day of
January
,1995.
ATTEST:
MAYOR
CITY CLERK
I:rb\mikvah.res
" . '.
~TM .W.Mv.NT AG'R1r.1n.f1r.NT
THIS AGREEMENT made as of this _ day of , 1995, by and among
Citizens of Greenspace. IDe.. Michael Kinerk, and Bent Voltelen. (refened to collectively as
"Plaintiffs"), the City of Miami Beach, Seymour Gelber, Neisen O. Kasdin. Sy Eisenberg, SUsan
F. Gottlieb, David T. PearIson. Abe Resnick, (referred to collectively 31 "MI1IIicipal
Defen~l\"t~.)" and Greater Miami Hebrew Academy, and Daughters of Israel, Inc. (referred to
collectively as "Private Defen<l"ntc") as represented by counsel.
WRJi'VEAS plaintiffs have, through their attorneys, asserted claims agaiJlst the
Municipal Deff"1l'lam and Private Defendants in Case No. 92-1594 CIV-GRAHAM. J'P."m1lg
ill the United States District Court for the Southern District of Florida;
WBEREAS the parties to this Agreement desire to settle on the terms set forth below
all asserted and Ul:IaSsened claims, both presently known and unknown or which may be
discovered in the future; and
WBEllEAS the parties to this Agreement agree that the fact of this settleD1CDt shaD. DOt
be construed. as an "itm;~~ion of liabilities and that it is entered into without regard to the merits
of the disputes underlying the claims of Plaintiffs and solely for the purpose of resolving tbose
di5putes and claims;
WHEREAS the parties agree and acknowledge that JIO portion of this Agrecmemt is
illegal, invalid, or UJJenforceable, and specifically waive any right to assert that any provision
of this Agreemeut is illegal. invalid, or unenforceable,
WHEREAS the parties to this Agreement represent that they have each had the advice
of counsel in executing this Agreement and are doing so with full knowledge of the tmns and
conditions and of their own free accord.
TA ..:Q Ii'J'ORE. in consideration of the above recitals the parties to this Agrt'P.'llenl agn:e
as follows:
1. lWdin, of F..n.. Holtz Him Sd:lool BuD"'.... and I.and to Hebrew J.......,.
The City of Miami Beach ("the City") agrees to deed to the Hebrew Academy the Fam Holtz
High School building and laud located at 2425 Pine Tree Drive.
2, llHo.dinl! of J .and to Cit}. The Hebrew AcIl~f'I1lY agrees to deed to the City tbe
pucel of land more particularly described ill Exhibit. A".
3. Retentinn of .38 Acre Parcel. The Hebrew ha~~y retains tide to tbIl .38 acre
parcel of land, which is the site of the Mikveh presently operated by the DaugJltm of Israel,
and which is more particulady described in Exhibit "B". puISWIDl to and subject to the terms
and conditions set fOItb in paragraph S below.
4. Retention of 1 Aae Parcel. The Hebrew Academy retains title to a 1 ~ parcel
of land" which is adjacent to its e)~"'nt.ary school OOil~i", at 2400 P:ine1ree Drive, .aDd wbidl
is l110re particularly descn"bed in Exhibit "C", pursuant to and subject to the terms and conditionJ
set forth in paragraph 6 below.
8/~ d LLmLOg~S 'ON/6H I 'lS/~O: II ~6 ,S I '10 (lEd)
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S. Pl\)'IIIent for "38 Acre Parcel. For the .38 acre parcel, the Hebrew AcaMnY
shall pay to the City $100,000.00 in the fonowing """"-r:
(a) $20,000.00 within 60 days after the effective date of this Agreemeu1 as
defined in Paragraph 19;
(b) $80,000,00 evidelx:ed by a note. the fonn of which is athIcl.M as Bxhlbit
"D", payable as fonows:
i)
ii)
ill)
iv)
no interest accrues on the note during the first five years of the ten
year period beginning upon the effective date of this Agr~ as
defined in Paragraph 19,
interest accrues on the DOte at 8 % per Annl1m duri1Ig the last five
years of the ten year period beoginnil1g upon the effective date of
this Agn:ement as defined in Paragraph 19,
the entire principal and accrued and uupaid interest are due aDd
payable upon the earlier of: (1) 10 years after the effective date of
this Agreement as defined in Paragraph 19" or (2) "use" of tbe 1
acre parcel as "use" is defined in paragraph 12"
the note will be secured by a mortgage OD the 1 acre paree1
described in Exhibit "C".
6. Pavment for 1 Aae Pan::eI. For the 1 acre parcel, the Hebrew Academy agrees
to execute, on the effective date of this Agreement as defined in Paragraph 19, a DOte" the fonn
of wbich ill aff<lrhM as Exhibit "E", in favor of the City in an amount equal to $8.00/sq. ft. for
the 1 acre parcel. The note is due upon the earlier of: (1) "use" of the 1 acre parcel as "use"
is defined in paragraph 12, or (2) 10 years from the effective date of this Agreement as defined
in Paragraph 19. The note will be secured by a mortgage OD the 1 acre parcel described in
Exhibit "C".
7, Use of Munidual Golf Coune , ...nd. Tbe City agn:es to CJl.p.~ly designate
the entire nnmic;pal par three golf course located at Prairie Avenue aDd West 28th Stteel"
including the parcel described in Exhibit" A", exclusively for "park and recreational use,' The
City agrees that it aball not change the use of the par thIre golf c:ourse from its presem
municipal golf course use unless a "super-majority" of commissiODm'S approves such a r.Ntngl'
in use. A "super-majority" consw of the nwnber of c:ommic.iODCI'! otherwise required to
approve a resolution plus one additiODal commissioner.
8. Ccmfitmration of Munidplll Golf Course. In the evenl there is "use" of tbe' 1
acre pan:eI descn"bed in Exhibit "C., as "use" is defined in paragraph 12, the City agrees to
reconfigure the par three golf course around the 1 acre parcel described in Exhibit "C. so that
the par three golf course retains nine holes, and so that the total of the lengths, from tee to hole,
of the JUne holes I'el""VtC the same as the total of these leugtbs as of JaDDaIy 1. 1995.
8/8 d W \ m9~8 'oNl6~: 0 1 'lS/~O: \ 1 ~6 .81 .\ 0 InW
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9. Plaintiffs' AttornevIii' Fees. The City agrees to pay p1A11ll'iffl. witbiD IS days of
the effective date of this Agnlement as defined in Paragraph 19, 560,000.00, represeDting a
portion of plaintiffs' fees and costs inc:utred in this action.
10. Vse of Scott Rakow GnllJulclurn. The Hebrew Academy will be permittaI. to
use the Scou Rakow Gymnasium to the same extent as any other private religious organl'm1on
is permitted to use the Scott Rakow Gymnasium.
11. Citf...()wnecf Land Adjacent to tbe Reb~ Aca~ Elementarv ~hool. 'I'he
Hebrew Aradf'DlY will not be prohibited from attempting to acquire through prOper legal and
lIdmimmative processes land adjacent to the Hebrew J."~"'PIr\Y Elemenf2ry School presently
owned by the City.
12. "Vie" Defined. "Use" as used in this Agreement, means aD)' use of land
inconsistent with conrinuoo public use of land. Use includes. but is IJDt limited to:
(a) feJICing the land;
(b) initiating the building or construction of aD)' structure upon the 1aDd;
(c) paving, or covering with CODCtete, aD)' portion of the land;
(d) allowing vehicles to park on the land;
(e) excluding or in any way limiting members of the public from going upon
the land;
(1) excluding or in any way limiting memben of the public from using the
land in ways consistent with JDUDicipal golf course use of the land;
(g) """"TnhPring title to the land; or
(h) transferring or attempting to transfer any right or iDterest in the land.
13. h.,h"n~ of :Releases and Dlan'nlll The parties agree to ""h,,"8" IlJIJtIlAI
releases, the fOImS of which are lIff,,('hPd as Exhibits "P" and "G", and plaiDtifl's agree to
dl"",l>lA this action with prejudice upon the effective date of this Agrem>em as defined in
Paragraph 19 and payment of attorneys' fees as set forth in paragraph 9.
14. 'RpfMlflnn of Jurisdiction to Enforce AV-....... The parties bereby conlleDt
to. aDd the Stipnllltion of DI""'illq 1 will request, that die Court retain jurisdictioD to enforce the
tenDS of this Agreement In consideration for PlaiDliffs' dl....I~1ll/1 of Municipal Defendants and
Private DefMlllllnt" in this action, Municipal Deferubntol and Private Def""""nt~ hereby waive
and release plaintiffs from any claim for attomeys' fees or costs which Mutticira1 Defendams
and Private DefeDdants may have bad against PI"lntlffs if Municipal DefeJ:Jdanb and Private
Sit d mlm9~8 'oN/6Hl '18/80: II ~6 ,81 '10 (lEd)
liO~d
>. '
Defervt2ntJl were successful in defending themselves in the afore-mentioIK:d action brougltt by
Plaintiffs.
IS. On;.... of Law" This Agreement sba11 be governed by aDd CODstl:Ued under the
laws of the State of Florida, The undersigned parties further coment to the exercise at
jurisdiction over them exclusively in Dade County, Florida in any such action.
16. fees and EmeDses" Notwithstandil1g any other provision at tbis Agreemem,
should any person or entity pursue legal recourse to enforce tbis Agreequ:nl, the bT"lIrltmg party
shall be obligated to pay to the prevailing pany the reasonable legal fees and exp-..... iDcurred
by the prevailing pany.
17. Miscellaneous. 'Ibis Agreenlent sba11 inure to the benefit of and be biDding on
each undersigned party's 81,reessors or assigDll, present and former subsidiaries, agents, officers,
employees, fanner employees, partners, estates and personal representatives.
18. lnteJration and Severabilitv. This AgrHment and the attached Exhibits set for1h
the enlire UDderstAnil1flg of the Ulldersigned parties and specifically and completely supersede all
prior UDderst"nd'"gs. commitments, undertakings and agreements whether oral or written
relating to any of the subjectS addressed directly or indirectly in this Agteem8Dt. Should any
provision of this Agreement be declared or determiDed to be illegal, invalid or tmeDfora:ab1e,
the validity, legality and enforceability of the r....."'ning parts, terms lIIld provisious sball DOt be
affected thereby and the illegal, invalid Or unenforceable part, term or provision sba11 be dI:emed
not to be 8 pan af this Agreement. The terms of this Agreement are coll1:rllctua1 in nature and
not merely m;itals, and may not be changed except in 8 writing sigDed by all the parties.
19. EffediYe ThItI'. 'Ibis AgreemeDt becomes effeaive upon execution at this
Agreement by the Citizens of Greenspace" Inc." Michael Kinerk, Bent V 01te1en, the City of
Miami Beach, Greatel' Miami Hebrew Ar"d"",y, and Daughters of Israel, IDe, and approval of
this Agreement by the Court, The "ef(ective date" is the dare on which the Court approves the
executed Agreement.
Dated this _ day of
,1995.
IN WITNESS WHEREOF. Plaintiffs, Municipal Defend""'., and Private DefendaDb,
through their duly appointed represematives, bave indicated their approval and accepI'aDU of the
terIJIS and rnnilmnns of this Agreement by signing and sealing below on this day of _
,1995.
STATE OF )
COUNTY OF )
8/~ d UmLOg~E'ON/6~: 0 I 'lS/SO: II ~6.S I .\ 0 (J1B)
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.
I HEREBY CERTIFY that on this day of , 1995, petSODally appeared
, of , a cmporatioI1 UDder the
laws of the State of , who is pen;onally kDown to me or who prod1lt'~ the foUowing
identification ( ), and he acknowledged before me that he executed
the foregoing document as his free act IIld deed as such officer, for the uses and putpOse5
therein mentioned" and that said instrument is the act and deed of said corporation and that he
didldid not take an oath.
In Witness Whereof, I have hereunto set my hand 8JId seal in the County and State
aforesaid as of this _ day of , 1995.
Notary Public
State of
Commission or Serial No.:
My Connn;.sion expires:
STATE OF )
COUNTY OF )
I HEREBY CERTIFY that on this day of , 1995, personally appeared
. of , a Cu'~ undilr the
laws of the State of , who is personally known to me or who prM>,t'.ed the following
idenlification ( ). IIld he acknowledged before me that he exer>lIN
the foregoing document as his free act and deed as such officer, for the uses 8JId puxposes
therein mentioned, and that said instrumeDl is the act and deed of said colJXlIll!ion and that he
didldid not Uke an oath.
In Witness Whereof, I have hereunto set my hand lIDd seal in the County and StlItC
aforesaid as of this _ day of ' , 1995.
NotaJy Public
State of
Cnmmissiou or Serial No.:
My Cnmm;..ron expin:8:
STATE OF )
COUNTY OF )
8/9 d UWL09S8 'ON/6n I 'IS/tO: II S6 .8\ '! 0 (JlB)
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I HEREBY CERTIFY that on this day of ,1995, persoDaIlyappeared
, of " a corporation IIJIdet tbc
laws of the State of , who is penonaJly known to IDe or who prodvced the following
ideDlification ( ), lUld he acknowledged before me that he executM
the foregoing doc:umenl as his free act and deed as such officer. for the uses and purposes
therein mentioned. and that said instrument is the act and deed of said corporation and that he
didldid DOt take an oath, .
In Witness Whereof, I have hereunto set my hand and seal in the County IDd State
aforesaid as of this _ day of . 1995.
NOW)' Public:
State of
Commission or Serial No.:
My CommiuiOD expires:
STATE OF )
COUNTY OF )
I HEREBY CERTIFY that on Ibis day of . 1995. persomill.y appeared
. of . a ~rporation UIIdar the
laws of the Stale of , who is personally known to me or who prodl'PM the following
idcDtification ( l, and be acknowledged before:me that he executed
the foregoing oo(::n1DeDt as his free act and deed as such officer. for the uses aDd pI1Ip08ClI
therein mentioned, and that said instrument is the act and deed of said corporation and that he
did/did not lake an oath,
In Witness Wbereof" I have hereunto set my band and seal in the Coun1y and State
aforesaid as of this _ day of " 1995.
NOW)' Public:
State of
Ccmnnw;on or Serial No.:
My Commission expires:
STATE OF )
COUNTY OF )
8/L d UmLOg~S 'ON/6H\ 'lS/vO: \ I ~6.S \ '[ 0 (I1W
!lOH~
.... . ,.
I HEREBY CERTIFY that on this day of . 1995. personally l#I1ed
, of . a co. potation UDder the
laws of the Slate of , who is personally known to me or who produced the following
ideurifil"^"tinn ( ), and he acknowledged before me that he executed
the foregoing dOCW'"nt as his free act and deed as such officer, for the uses and purposes
therein menlional. and that said instrument is the act and deed of said corporation and that be
didldid not take an oath.
In Witmlss Whereof, I have bcreuDto set my baIId and seal In the CoUDty and State
aforesaid as of this _ day of , 1995.
Notary Public
State of
Commission or Serial No.:
My Commission expires:
STATE OF )
COUNTY OF )
I HEREBY CERTIFY that on this day of , 199', personally appeared
, of ' a cm:pondion UDder the
laws of tbc State of . who is personally known to me or who pr..,ml"~. the following
;AAnrification ( ). and be acknowledged before me that be executed
the foregoing document as his free act and deed as such officer, for the uses and pwposeI
therein mentioned, and that said instrument is the act and deed of said corporation and that he
didldid not take an oath,
In Witmlss Whereof. I have hereuntO set my hand and seal in tbc COUDty .and State
aforesaid as of this _ day of . 1995. '
Notary Public
State of
Commission or Serial No.:
My Commission expires:
8/8 d LLmLOg~S 'ON/6~: 0 [ 'lS/tO: \1 ~6.S [ .\ 0 (IH~)
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,. .'
OFFICE OF THE CITY ATTORNEY
<6~ efJl6om; 11-
F
L
o
R
D
A
CITY ATTORNEY
POBOX 0
MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE i30S} 673-7470
TELECOPY (3051673-7002
LAURENCE FEINGOLD
COMMISSION MEMO ~
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
ROGER CARLTON
CITY MANAGER
FROM:
JOHN DELLAGLORIA ~
CmEF DEPUTY CITY ATTORNEY
RE:
MlKV AH SETTLEMENT
DATE:
JANUARY 18, 1995
Attached please fmd a proposed settlement which will be discussed at Executive Session.
JD:jm
Attachment
961
AGENDA
I TEll
R- IO-L.
1-\f)-9~
DATE
1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139