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
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. YOR
AT~1 (QAcL-
CITY CL RK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUtiON
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:
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
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OFFICE OF THE CITY ATTORNEY
q. of J/Gomi 71tm'A
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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.
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Agenda Item C 7 A
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Date
1700 Convention Center Drive - Fourth Floor -- Miami Beach, Florida 33139