95-21689 Reso t
•
RESOLUTION NO. 95-21689
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, 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 1: 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 authorize 1 necessary City personnel to execute
the Settlement Agreement docume
PASSED and ADOPTED this 26th day of July, • ' /
.40
ATTEST:
MAYOR
RM APPROVED
/ ITY CLERK LEGAL DEPT.
FaitneenSp.rCS By
Date 3 3l-S1
1
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. t-N"9 S
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: July 26, 1995
FROM: Jose Garcia-Pedrosa jt E
City Manager \`
SUBJECT: REPORT ON THEE OPOSED SETTLEMENT AGREEMENT WITH THE
HEBREW ACADEMY
ADMINISTRATION RECOMMENDATION:
The Administration and the Hebrew Academy will explore, during the
next 60 days, alternatives to develop parking arrangements .
BACKGROUND:
The City Commission presented an analysis of the proposed
settlement agreement at the July 12, 1995 City Commission Meeting.
In that analysis, concerns were raised about parking, development
density and usage of the public swale area.
On Monday, July 17, 1995, a three hour meeting was held in the City
Manager' s Office with David Berger, Counsel for the Academy,
Commissioner Susan Gottlieb, myself, Deputy City Attorney Don Papy
and Assistant City Manager Harry Mavrogenes. During that meeting,
the Administration' s goal was to try to develop alternative parking
solutions. At the conclusion, both sides agreed that a reasonable
solution was possible, but that additional time was necessary to
conduct an analysis. The solutions that were agreed to be explored
included:
development of an interim parking lot,
development of a joint use public garage,
possible relocation of the City' s water tanks.
1
AGENDA ITEM R"-?1" ``J
DATE '7-2_6-95
ANALYSIS:
The above studies will require a reasonable time to develop and
review with affected City departments . Staff has already begun the
work, with the goal in mind to be ready to return to Commission the
first meeting in September.
The Administration has contacted counsel for Greenspace for their
concurrence so that all parties can go to Judge Graham to ask for
a 60-day extension.
JGP:jph
2
SETTLEMENT AGREEMENT
THIS AGREEMENT made as of this few : (c_ i
-' '% , 1995, by
and among Citizens for Greenspace, Inc. and Michael Kinerk
(referred to collectively as "Plaintiffs" ) , the City of Miami
Beach, Seymour Gelber, Neisen 0. Kasdin, Sy Eisenberg, Susan F.
Gottlieb, David T. Pearlson, Martin Shapiro, Nancy Liebman, Abe
Resnick, (referred to collectively as "Municipal Defendants" ) , and
Greater Miami Hebrew Academy, and Daughters of Israel, Inc .
(referred to collectively as "Private Defendants") as represented
by counsel .
WHEREAS, Plaintiffs have, through their attorney, asserted
claims against the Municipal Defendants and Private Defendants in
Case No. 92-1594 CIV-GRAHAM, pending in the United States District
Court for the Southern District of Florida; and
WHEREAS, the parties to this Agreement agree and acknowledge
that the position of the Plaintiffs is to preserve and protect the
open green space of the Miami Beach municipal par three golf course
and that the position of the Plaintiffs is that preservation of the
par three golf course is of lasting benefit and importance to the
people of Miami Beach; and
WHEREAS, the parties to this Agreement desire to settle on the
terms set forth below all asserted and unasserted claims, both
presently known and unknown or which may be discovered in the
future; and
WHEREAS, the parties to this Agreement agree and acknowledge
that the positions of the Municipal Defendants and Private
Defendants are that the exchange of properties and related
transactions between or involving the Municipal Defendants and the
Private Defendants (collectively, the "Exchange Transaction") are
valid and enforceable transactions; and
WHEREAS, the parties to this Agreement agree and acknowledge
that the positions of the Municipal Defendants and Private
Defendants are that the use and operation of the mikveh on the 0 . 38
Acre Parcel (as defined below) is consistent with the zoning and
land use regulations and the comprehensive plan of the City of
Miami Beach, whether owned by the Hebrew Academy or the Daughters
of Israel , Inc. , and constitute a valid education use; and
WHEREAS, the parties represent that with respect to the
approval of this Agreement by all parties, all necessary and
appropriate hearings and notices have been held and all necessary
approvals have been received, and all necessary corporate and other
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action has been taken, including the preliminary approval of the
proposed site plan (as described in Section 13 below) attached
hereto, excluding, however, such notices, hearings and approvals
described in Section 13 below which are required to allow the
development contemplated by the proposed site plan; and
WHEREAS, the parties agree and acknowledge that no portion of
this Agreement is illegal, invalid, or unenforceable, and
specifically waive any right to assert that any provision of this
Agreement is illegal, invalid, and unenforceable; and
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 terms and conditions and of
their own free accord.
THEREFORE, in consideration of the above recitals, all of
which are true and correct and incorporated into this Agreement,
the parties to this Agreement, for good, valuable, fair and
adequate consideration, agree as follows:
1. Deeding of Fana Holtz High School Building and Land to
Hebrew Academy. The City of Miami Beach (the "City") agrees to
deed to the Hebrew Academy the Fana Holtz High School building and
land located at 2425 Pine Tree Drive more particularly described in
Exhibit "A". The City acknowledges and agrees that the Fana Holtz
High School Building has grandfathered and vested rights as to
parking and landscaping for any use of such building within any
permitted or conditional use designated under RM-3 or CD-2 zoning
classifications, excluding commercial uses.
2 . Deeding of Land to City. The Hebrew Academy agrees to
deed to the City the approximately 2 . 49 acre parcel of land more
particularly described in Exhibit "B".
3 . Retention of Approx. 0.38 Acre Parcel. The Hebrew
Academy retains title to the approx. 0. 38 acre parcel of land,
which is the site of the Mikveh presently operated by the Daughters
of Israel, Inc. , and which is more particularly described in
Exhibit "C"" (the "0. 38 Acre Parcel") , pursuant to and subject to
the terms and conditions set forth in paragraph 5 below.
4 . Retention of Approx. 1 Acre Parcel . The Hebrew Academy
retains title to an approximately 1 acre parcel of land, which is
adjacent to its elementary school building at 2400 Pine Tree Drive,
and which is more particularly described in Exhibit "D" (the "1
Acre Parcel") , pursuant to and subject to the terms and conditions
set forth in paragraph 6 below.
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5. Payment for Approx. 0.38 Acre Parcel. For the 0. 38 Acre
Parcel, the Hebrew Academy shall pay to the City $100, 000. 00 in the
following manner:
a. $20, 000. 00 within 60 days after the Effective Date;
b. $80, 000. 00 evidenced by a note, the form of which
is attached as Exhibit "E", payable as follows:
i. no interest accrues on the note during the first
five years of the ten year period beginning upon
the Effective Date,
ii . interest accrues on the note at 8% per annum during
the last five years of the ten year period
beginning upon the Effective Date,
iii. the entire principal and accrued and unpaid
interest are due and payable upon the earlier of:
10 years after the Effective Date, or the Hebrew
Academy's "Use" of the 1 Acre Parcel as "Use" is
defined in paragraph 12,
iv. the note will be secured by a mortgage on the 1
Acre Parcel, the form of which is attached as
Exhibit "F". The note and mortgage will be signed
by the Hebrew Academy within ten (10) business days
after the Effective Date.
6. Payment for 1 Acre Parcel. For the 1 Acre Parcel, the
Hebrew Academy agrees to execute a note, the form of which is
attached as Exhibit "G", 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 the Hebrew Academy's "Use" of the 1 Acre Parcel as "Use"
is defined in paragraph 12 , or 10 years from the Effective Date.
The note will be secured by a mortgage on the 1 Acre Parcel the
form of which is attached as Exhibit "H". The note and mortgage
will be signed by the Hebrew Academy within ten (10) business days
after the Effective Date. The Hebrew Academy agrees not to sell or
solicit for sale the 1 Acre Parcel or any portion thereof during
the 2 year period beginning upon the date the Hebrew Academy pays
the note in full.
7 . Recreational Designation of Municipal Golf Course Land.
The City agrees to expressly designate the municipal par three golf
course land described in Exhibit "I" exclusively for "park and
recreational use. " The City agrees that it shall not change the
use or designation of that par three golf course land from its
present municipal golf course use unless a "super-majority" of
commissioners approves such a change in use. A "super-majority"
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consists of the number of commissioners otherwise required to
approve a resolution plus one additional commissioner.
8 . Configuration of Municipal Golf Course. The City agrees
at its expense to reconfigure the par three golf course land
adjacent to the 1 Acre Parcel so that the par three golf course
retains nine holes without the 1 Acre Parcel or the 0. 38 Acre
Parcel and to remove same from any golf agreement affecting the
parcels including the delivery of any requisite notice to any
management company. The notice to the management company shall be
sent by the City within 10 days after the Execution Date and shall
provide, subject to the provisions of this Agreement, for the 1
Acre Parcel to continue to be used for golf play as currently being
used until the Hebrew Academy's "Use" of the 1 Acre Parcel as "Use"
is defined in paragraph 12 . The City shall use its best efforts
and, at its expense, cause the reconfiguration to occur within a
reasonable time after receipt of written notice by any party of
"Use" of the 1 Acre Parcel . As part of its reconfiguration
obligations, the City agrees, at its expense, to landscape and
maintain the north and westerly boundaries of the current Hebrew
Academy campus and the 1 Acre Parcel in accordance with the
landscaping set forth in the site plan or in such a similar manner
as the City shall require, provided, however, that the City may
elect to limit its expenditures for such landscaping to $15, 000 and
forego any landscaping which exceeds such limit. The Hebrew
Academy shall be responsible for and pay for the installation and
maintenance of the landscaping along the Eastern border of its land
as shown in the site plan and the Daughters of Israel, Inc. shall
be responsible for and pay for any landscaping and maintenance
along the Eastern border of the 0. 38 Acre Parcel. Except with
respect to the landscaping and maintenance of the parking areas in
the public swale as provided in paragraph 13 , no additional
landscaping shall be required with respect to the current Hebrew
Academy campus and the 1 Acre Parcel and the 0. 38 Acre Parcel . No
landscaping shall be required along the common border of the
existing Hebrew Academy campus and the existing City fire station
site and public works site to the South and West, respectively,
anything in the site plan attached hereto to the contrary
notwithstanding.
9 . Plaintiffs' Attorneys' Fees. The City agrees to pay
Plaintiffs $60, 000. 00, representing a portion of Plaintiffs ' fees
and costs incurred in this action. All other fees and costs shall
be written off and forgiven. Within ten (10) days after the
Execution Date of this Agreement, the City shall place the
$60, 000. 00 in an interest bearing escrow account. The fees and any
accumulated interest will be payable to the trust account of
Holland & Knight within ten (10) days after the Effective Date of
this Agreement. If the Effective Date of this Agreement never
occurs, the $60, 000 and interest will revert to the City.
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10. Scott Rakow Gymnasium. From the Execution Date of this
Agreement and provided the Scott Rakow Gymnasium is available for
use by other members of the public and subject to usual and
customary fees to the public, the Hebrew Academy will be permitted
to use the Scott Rakow Gymnasium for varsity and junior varsity
basketball and volleyball games and practice during scheduled times
pursuant to a schedule(s) to be submitted to and approved by the
City from time to time which approval shall not be unreasonably
withheld or delayed.
11. City-Owned Land Adjacent to the Hebrew Academy Elementary
School. The Hebrew Academy will be permitted to attempt to acquire
through proper legal and administrative processes land adjacent to
the Hebrew Academy Elementary School presently owned by the City.
12 . "Use" Defined.
(a) "Use" as used in this Agreement, as to the 1 Acre Parcel,
means, except as herein provided to the contrary, any of the
following:
1 . except as provided herein, the construction of any
fence, wall or building upon the land;
2 . paving or covering with concrete any portion of the
land other than as needed for use for special
events as defined below;
3 . allowing vehicles to park on the land on a regular
basis as a parking lot for the Hebrew Academy, but
excluding any temporary parking for special events
sponsored by the Hebrew Academy;
4 . encumbering or transferring title to any of the
land.
(b) The parties agree that the Hebrew Academy may from time
to time use the land for special events sponsored by the Hebrew
Academy such as fundraising and promotional events and such use
shall not materially interfere with the use of the affected golf
playing areas. The Hebrew Academy may fence the current non-
playing areas of the 1 Acre Parcel at any time. The non-playing
areas are defined as those portions of the par 3 golf course which
are out of bounds. The Hebrew Academy may place signs on the 1
Acre Parcel which identify the Hebrew Academy campus and any events
to be conducted or sponsored by the Hebrew Academy. Any fence or
sign shall comply with the applicable City codes. The Hebrew
Academy may locate stakes, chalk marks and/or other boundary line
markers or identifiers from time to time on the land provided same
does not materially interfere with the use of the affected golf
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playing areas. The City shall notify any applicable party as to
these provisions and the removal of the 1 Acre Parcel from any golf
agreement. As required due to construction of buildings on the 1
Acre Parcel, the City agrees, at its expense, to relocate, any
utilities, easements, cables and systems on the 1 Acre Parcel onto
City owned lands if such items interfere with or affect any
improvements, building or use from time to time located or to be
located on the 1 Acre Parcel, and the City agrees to cooperate with
the Hebrew Academy's requests in connection with such relocations.
If the City fails to cause such relocations to occur within 30 days
after written request to do so, then the Hebrew Academy may cause
the relocations to occur on adjacent City land, and at the City' s
expense, and offset the costs and fees pertaining thereto against
any amounts payable by the Hebrew Academy to the City.
13 . Site Plan. The parties agree that the Hebrew Academy
may, subject to and conditioned on the approvals contemplated in
paragraph 22, from time to time in connection with any future use,
development, renovation, additions or construction on the land
owned by the Hebrew Academy, including the existing Hebrew Academy
campus at 2400 Pinetree Drive and the 1 Acre Parcel, be allowed to
locate improvements, buildings, parking and landscaping on said
lands in accordance with the proposed site plan attached hereto as
Exhibit "J" which the City confirms that the City Commission has
approved prior to its execution of this Agreement. The Hebrew
Academy acknowledges that the 'attached approved site plan and this
provision shall not obviate the need by the Hebrew Academy to
obtain any applicable design review board approvals of the
architectural design of any proposed building on said lands.
Actual construction of parking, buildings and landscaping shall
conform to all applicable construction codes, provided, however,
that the application of such codes shall not have the effect of
requiring development or construction which is different than that
permitted by the attached site plan or imposing stricter building,
parking, landscaping, setback or other similar requirements, or
imposing any impact fee or payment in lieu of requiring conformity
to code minimum standards. No impact fees for parking shall be
imposed against the Private Defendants, even though code minimum
parking is not provided on site.
The Hebrew Academy shall be permitted to construct a parking
area, at its own expense, in the area designated as Area A on the
attached site plan at any time after the Effective Date and after
the Hebrew Academy has obtained a building permit to construct or
substantially renovate any new or existing building on the existing
Hebrew Academy campus or the 1 Acre Parcel . If the work is not
completed within a reasonable time, then Area A shall be restored
to its original condition and not be used for parking until the
work is completed. [note: this will be the public swale area in
front of the existing Hebrew Academy buildings up to the boundary
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of the 1 Acre Parcel] . This parking shall be available for public
use after school hours and on weekends provided such public use
does not interfere with any use or special events of the Hebrew
Academy occurring during such times. The City of Miami Beach
shall, upon reasonable request and notice, enforce the provisions
of this Agreement so that public parking does not materially
interfere with the parking required for the normal and usual
operations and special events of the Hebrew Academy.
The Hebrew Academy shall be permitted to construct a parking
area, at its own expense, in the area designated as Area B on the
attached site plan (note: this area is the public swale area in
front of the 1 Acre Parcel) only after the Hebrew Academy has fully
paid the City all amounts. : wad pursuant to paragraph 5 and 6 of
this Agreement; after the Hebrew Academy has applied for and
received a building permit to construct a building and commenced
construction on the 1 Acre Parcel . If the building is not
completed within a reasonable time no parking may be allowed to
continue on the public swale in Area B until the building is
completed or the area shall be restored to its original condition.
This parking shall be available for public use after school hours
and on weekends provided such public use does not interfere with
any use or special events of the Hebrew Academy occurring during
such times. The City of Miami Beach shall, upon reasonable request
and notice, enforce the provisions of this Agreement so that public
parking does not materially interfere with the parking required for
the normal and usual operations and special events of the Hebrew
Academy.
If parking is constructed on Area A or Area B at any time by
the Hebrew Academy, then the Hebrew Academy shall landscape and
maintain Area A or Area B, as applicable, at its expense as
provided in the site plan attached hereto as exhibit "J".
The Hebrew Academy agrees to relocate any parking in Area A
and/or Area B to an equal number of parking spaces provided in an
adjacent parking lot or garage provided by the City and located
along the border of the neighboring fire department site and the
existing Hebrew Academy campus (on adjacent lands to be designated
by both the City and the Hebrew Academy) subject to reasonable
approval of the configuration and location of the alternate parking
area by the City and the Hebrew Academy whereupon the Hebrew
Academy shall restore the swale area to its former condition, if
applicable, and thereafter the Hebrew Academy shall no longer park
or landscape or maintain the swale area so long as such alternate
parking is provided. The City and the Hebrew Academy agree to use
good faith efforts to negotiate an alternative parking lot along
the fire department border (or in any other area reasonably
acceptable to the City and the Hebrew Academy) in lieu of the
Hebrew Academy continuing to utilize the swale in Area A and Area
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B for the parking spaces located therein as shown on the site plan.
The parties acknowledge and agree that if the Hebrew Academy
utilizes or contributes any of its land for such alternative
parking locations, any proposed buildings thereon may be added to
the other building proposed to be built or renovated on the Hebrew
Academy campus or the 1 Acre Parcel, subject, however, to the
height limitations contained in the site plan attached as Exhibit
14 . Exchange of Releases and Dismissal. The parties agree to
exchange mutual releases, the forms of which are attached as
Exhibit "K" and plaintiffs will dismiss this action with prejudice
upon the Effective Date and payment of attorneys fees as set forth
in Paragraph 9 .
15. Retention of Jurisdiction to Enforce Agreement. The
parties hereby consent to, and the Stipulation of Dismissal will
request, that the Court retain jurisdiction to enforce the terms of
this Agreement. In consideration for Plaintiffs ' dismissal of
Municipal Defendants and Private Defendants in this action, and in
consideration of the various agreements herein contained, each
party hereby waives and releases the other parties and their
respective counsel from any claim for attorneys' fees or costs
which any party may have had against another party or their
respective counsel if such other party were successful in
Prosecuting the action or in defending themselves in the
aforementioned action. A party shall not be in default under this
Agreement unless it shall have first been given written notice of
the alleged default and the opportunity to cure the default within
30 days after receipt of said written notice.
16. Choice of Law. This Agreement shall be governed by and
construed under the laws of the State of Florida. The undersigned
parties further consent to the exercise of jurisdiction over them
exclusively in Dade County, Florida in any such action.
17 . Fees and Expenses. Notwithstanding any other provision
of this Agreement, should any person or entity pursue legal
recourse to enforce this Agreement, the breaching party shall be
obligated to pay to the prevailing party the reasonable legal fees
and expenses incurred by the prevailing party.
18 . Acknowledgment of Consideration. The parties hereby
agree that the payments for the 1 Acre Parcel and the 0. 38 Acre
Parcel, and the other agreements contained herein, constitute good,
valuable, fair and adequate consideration for said lands.
19 . Continued Cooperation. The parties hereto, for
themselves and their respective officers, directors, shareholders,
legal representatives, successors and assigns, agree to cooperate
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with each other as reasonably requested from time to time to give
effect to this Agreement.
20. Miscellaneous. This Agreement is binding upon the
parties even though it has not been executed by all the individuals
who are named as part of the Municipal Defendants in this
Agreement. Within 10 days after the Effective Date, the Plaintiffs
hereby agree to dismiss the individuals who are named as part of
the Municipal Defendants as well as all other defendants. This
Agreement shall inure to the benefit of and be binding on each
undersigned party's successors or assigns, present and former
subsidiaries, agents, officers, employees, former employees,
partners, estates and personal representatives.
21. Integration and Severability. This Agreement and the
attached Exhibits, which are incorporated into this Agreement by
reference, set forth the entire understanding of the undersigned
parties and specifically and completely supersede all prior
understandings, commitments, undertakings and agreements whether
oral or written relating to any of the subjects addressed directly
or indirectly in this Agreement. Should any provision of this
Agreement be declared or determined to be illegal, invalid or
unenforceable, the validity, legality and enforceability of the
remaining parts, terms and provisions shall not be affected thereby
and the illegal, invalid or unenforceable part, term or provision
shall be deemed not to be a part of this Agreement. The terms of
this Agreement are contractual in nature and not merely recitals,
and may not be changed except in a writing signed by both parties.
22. Execution Date and Effective Date.
(a) Except as provided in paragraph 22 (b) , the agreements and
acknowledgments set forth in paragraphs 1 through 20 of this
Agreement become effective and binding on the parties on the
Effective Date (as defined below) .
(b) The agreements and acknowledgments set forth in this
paragraph and paragraphs 9, 10, 11, 20, 21 and 23 of this Agreement
and any other provision of this Agreement which takes effect from
the Execution Date become effective and binding on the parties on
the Execution Date (as defined below) .
(c) Within 10 days after the Execution Date, the Plaintiffs,
in consideration of the various agreements contemplated herein,
hereby agree to withdraw their motion against the Private
Defendants and their counsel for sanctions pursuant to Rule 11 of
the Federal Rules of Civil Procedure.
(d) The parties agree and acknowledge that the site plan
attached as Exhibit "J" must be approved by various boards (or that
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zoning changes and comprehensive land use plan changes must be
approved by various boards and the State of Florida Department of
Community Affairs) to allow development in accordance with the site
plan, and that such approvals and changes will not occur prior to
the Execution Date of this Agreement. The City expressly does not
warrant that the site plan attached as Exhibit "J" will be approved
or that the zoning and comprehensive land use plan changes will be
obtained, although the City agrees to use its best efforts to
recommend such approvals and changes, as applicable. The final
approval of the site plan attached as Exhibit "J" and obtaining the
requisite zoning and land use plan changes, as applicable, is a
condition subsequent to paragraphs 1 through 21 of this Agreement.
(e) The "Execution Date" of this Agreement is the date
authorized representatives of the City of Miami Beach, the Private
Defendants and the Plaintiffs execute this Agreement with
appropriate corporate resolutions.
(f) The "Effective Date" of this Agreement is the date on
which all the following are completed (1) the Execution Date shall
have occurred; (2) the Court approves this Agreement as executed;
and (3) the applicable zoning changes and comprehensive land use
plan changes have been obtained. Prior to December 31, 1996, the
Hebrew Academy may, at its discretion, agree that the Effective
Date has occurred even if all the necessary zoning and
comprehensive land use changes have not been approved. If the
Effective Date does not occur on or before December 31, 1996
(unless extended by mutual consent of all the parties or their
respective counsel) , this Agreement and any incorporated releases
pursuant to paragraph 14 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".
23 . Standstill Agreement. For due and adequate
consideration, the receipt of which all parties hereby acknowledge,
the parties expressly agree to maintain the "Status Quo" during the
period from the Execution Date through the Termination Date or the
Effective Date, whichever comes first. The "Status Quo" as used in
this paragraph means that the municipal par three golf course shall
remain a municipal par three golf course (with the same use, size,
and configuration as currently in effect) , and without any transfer
to any third party, except that the 1 Acre Parcel may be used by
the Hebrew Academy as provided in paragraph 12 (b) and the 0. 38 Acre
Parcel may continue its current use. Further, the Status Quo means
that the Hebrew Academy shall not construct any additional parking
in the areas identified as Areas A and B on the attached site plan,
except pursuant to applicable City approvals. A party shall not be
in default under this Agreement unless it shall have first been
given written notice of the alleged default and the opportunity to
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cure the default within 30 days after receipt of said written
notice .
IN WITNESS WHEREOF, Plaintiffs, Municipal Defendants, and
Private Defendants, through their duly appointed representatives,
have indicated their approval and acceptance of the terms and
conditions of this Agreement by signing and sealing below as of the
date first written above .
PLAINTIFFS: CITIZENS FOR GREENSPACE, INC.
By: c G//
rniei isman
/o/ .4___
M/C EL RINERR
t
PRIVATE DEFENDANTS : GREATER MIAMI HEBREW ACADEMY
By:
tres;dek�
D UGH RS S L, INC.
By:
tesidee
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MUNICIPAL DEFENDANTS: "/TY OF MIAMI = CH I
1
By: kill
ou 'elber, Mayor
ATTEST:
By:_
ack Lubin, Interim City Clerk
FORM APPROVED
LE L DEPT.
B
Date ______ .
AEU 1228100011DJBKJG07.28A
950726 12
STATE OF FLORIDA )
SS :
COUNTY OF DADE )
I HEREBY CERTIFY that on this ? day of 1995,
personally appeared DANIEL VAISMAN, President of Citizens for
Greenspace Inc . , a corporation under the laws of the State of
Florida, who is personally known to me or has produced the
following identification
�._ .k tr-_..._ ; ,, /c(> `/ /`/ <- ) ,
and he has acknowledged before me that he executed the foregoing
document 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 did not take an
oath.
NOT y
PUBLIOTATE OF FLOR A
My Commission Expires : v
OFFICFAr,NOTARY SEAL
NANCY A.:1 LY
L
ARY PUBL:C S;'.A:.`O7^LORiDA
CO?>MiS3lO'�NO.CC2NCOMMISSION MISSIOsN EXP.JUKE W,:997
RBI 1228\0001\DJBKJG07.26A
950726 13
STATE OF FLORIDA )
) SS:
COUNTY OF DADE ) _ 7 /
I HEREBY CERTIFY that on this r day ofe c .�� 1995,
personally appeared Michael Kinerk, who is person Yy known C�,mp
`-e�L
or has produced the following identification ( - A} -v-€- � ,,,,,
ie.�G(2-5W--5.7- 2/5-70 , and he acknowledged before me that he executed the
foregoing document as his free act and deed, and that he did not
take an oath.
NOTARY PUBLIC TATE OF FTS. 72k
My Commission Expires:
OFFI IAL N. •
NA
NOTARY PUBLIC STATE,OP FLORIDA
COMMISSION NO.CC2 4d2g
MY COMMISSION EXP. Fla' , '.i
R E111228100011DJ BKJG07.26A
950726
14
THIS PAGE INTENTIONALLY LEFT BLANK
RE\1122810001\DJBKJG07.26A
950726 15
- (
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
I HEREBY CERTIFY that on this /7 day of 0444.4 , 1995,
personally appeared Seymour Gelber, of City of
Miami Beach, a municipal corporation under the laws of the State of
Florida, who is personally known to me or has produced the
following identification ( ) , and
he acknowledged before me that he executed the foregoing document
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 did not take an oath.
,4641- -(gti,
IL' I GIJ t_auch qM
NOTARY PUBLIC STATE OF LORIDA
My Commission Expires: OFFICIAL NOTARY SEAL
LILLIAN BEAUCHAMP
NOTARY PUBLIC STATE OF FLORIDA
• COMMISSION NO.CC347882
MY COMMISSION EXP.FEB.13,1998
RE111228100011DJBKJG07.26A
950726
16
STATE OF FLORIDA
) SS:
COUNTY OF DADE )
I HEREBY CERTIFY that on this 6 day of 0 CT01a^ , 1995,
personally appeared L AU 12.E 4 cif G<e o ABM ►9N
It-esidec of Greater Miami Hebrew Academy, a corporation under the
laws of the State of Florida, who is personally known to me or has
produced the following identification (
) , and he acknowledged before me that he executed the
foregoing document 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 did not take an
oath.
NOTARY PUBLIC STATE OF FLORIDA
My Commission Expires:
,o),RY PU6 OFFICIAL NOTARY SEAL
O t(- DAVID J BERGER
j; * COMMISSION NUMBER
ti1111; Q CC466425
MY COMMISSION EXP.
OF FVC) JUNE 19,1999
RE111228\0001\DJBKJGO726A
950726
17
•
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
rfik
I HEREBY CERTIFY that on this 1 I day of 0c-1-o be r , 1995,
personally appeared R1VK►4 kokF ,
Vvesiaelki of Daughters of Israel, Inc. , a corporation under the
laws of the State of Florida, who is personally known to me or has
produced the following identification (
) , and he acknowledged before me that he executed the
foregoing document as his free act and deed as such officer, for
- _ the uses and purposes therei.n mentioned, and that -said -instrument
is the act and deed of said corporation and that he did not take an
oath.
c li..5—\
(_. K
NOTARY PUBLIC STATE OF FLORIDA
My Commission Expires:
SPRY P!/6, OFFICIAL NOTARY SEAL
`ten
^ DAVID J BERGER
1 * COMMISSION NUMBER
"!.. . 1. CC466425
9r ,\� MY COkci:HISSION EXP.
OF"R�.d JUNE 19,1999
RE11 1 2 2 810 0 01\DJBKJG07.26A
950726
18
EXHIBIT "A"
Legal Description of Fanna Holtz High School Site
Lot 3, Block 1, FLAMINGO TERRACE ADDITION, according
to the Plat thereof recorded in Plat Book 34, at Page 6, of the
Public Records of Dade County, Florida, addressed as 2425 Pine
Tree Drive, Miami Beach, Florida.
RE111228100011DIBKJG04.17A
950417
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at • /�i .c/G� 19/90 r R. F I� �G•t V-fir
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o-C A'V'3'.,t! E. E El T.f) ii .. t.,.
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i 'A 'AB 07 L D iAC ZID Ti•3lM s.�.;3)+t,07,,p�,i' - • *s i .''ii u
%. • . t1ADl covert— 7IAit2DA. 1ATii•PAiCik i• �..' s.� .0 "isar it
: . ; Commas (7.0..O.) at•a point as the.itia l7_1140-qt;#' 'ai. lla*4,:spa{ 701,1.1111..
r-`• 3attrapctioa liter•tbs liorthasly;1}.ti+6R: Me•x _gtMi*l'ita1i!{,+M-1iries oa•
s • the lLit'at 7laltiss4 'frlTa4a lbctairb4 a 4
4%. • - pep 41 of Oa public records of Dods go ty. -ileitis* !i4• ► I_ isstb:aYe�!a�'. 'i:
4g.' Assumed *nazis*. elan the lsatazii Us!!atsaltt'4;4 r c1
at�iet�aaa•e�.•
374.14 teat; tDsoes CURDsa Wit *arose Tine':ko o4 y•a'•tiale of 1011.AO !the llest.rly lie* of aarfl !'•!aa Tree-Trims and idea ii at 14. tset (l.03.) .1
paraal of land hsrataaftar scoriae#; thanes Moms *leas the %orthac2y;•y .
•11aa sad its eatoast os raatarly, sbs .propoit4 ciad by tbi Creator nod.lfska•A►•'-
• Aoa4e y,=heated at 1400•Tias Tres Woe. II.detene t at 295.00 teem.thee,ia=ea iaa
liarti. a distant* of•110.003 t'hsats rue Due litot i.ttata e. ef,40.08.iaat •t'�ea;;'-
- , rise >Z.14•ti iy'fi.. a distance of 4�@.00 Moes
feet tea`bus *craft-a Sistioes at.:.'4'
.i, . 41.54 teat; tboaos rem lt.12.31'27'i... a tiatasot...t 44S730 Eliot{ :ti .- -
.•.- .. _... _ . - . ` --:; Tfosos rya l -#aft c'•, tiro L ii�ia I. ':
- tbs V.i atly' Ilse of told Tim Tres Drivel thiiOa:alas Des /slit'.oases lb." _-L `•t
1 .f, • •• lima of Pilo Tree Drive, a dSstattte of 107.OS ftat_to•tar ld t•et r1.
•• � *
The area l+seribed oaeeatia NB.?71 -square to ktR if•;.a?1b� i,.. '..
' ' alr UM. \ 'it . , 4- •�..+. t, . • ,• 6: e
- I - '„ wJ•y • s iy
.. • • - . - .. 7.;W:tea.[ . f •‘• . \ ...
LESS AND EXCEPTING:
THE LANDS DESCRIBED IN EXHIBIT "C" COMMONLY KNOWN AS
THE 0 . 38 ACRE PARCEL; AND
THE LANDS DESCRIBED IN EXHIBIT "D" COMMONLY KNOWN AS
THE 1 ACRE PARCEL.
TRTU IS Q A LAMS UT OPi , •
• _ °..
• t�Iit4CrL 7.1410 ,AT13 I]1 :': :.40• f.
,- , 3►1. .. .4 .
:ilifl `Dl17f.'•-cE TT.-IWtX 1, $ at!ia) 1ARt' T DDIf .r .!.1.
....
•
•
tiblielfte
a 0.11.C.) at a point 14 Ito laatsr UM of Pts* foist
tpf�riettiaR rrit>t 4s- tiortharlar 34.10 of Afoot nth •$treat- -aataadii west, as sbsq Qt.
tilltill:nit•a► -?1 sjR terrace totoidikisteie b ,di'tiient sscotdsd is. Plat kok 3*3:
page Et of tts 10 records .o ` ii;i Qoatty, 'Ur4 sal .ieaiAra:iioyllt aaaiti trii-7
assumed Baar4at. 41"s.the Zase.rly--liar of salt tie• T rr. Dries, a &isttttow el
374.96 feet;--tbesc. ran Dee heat eases ties 'rr.. Drive, a liataaea.of 100.00 feet
to Oa esta4y Liao of:.said nibs 1•7ta Drive; these..rem D�.Borth along tba iieststl7
ne 11 of fine 2r0e Drirs, a distance of '527-00 fast is the Point of Dsgiating *l.Q.S.)
of the "atoll of iasd hersiaifisi:4sscribod; thbace coatlaw aloes•.tbs'last asitf000d
worm), a distance sf 30.00 fast; thinks:tea Dos Mast; a-"d stasct of X14.2i' -
theace ruo :z'jlYsZ,a distance of l( ,$sati tbasaa repo bun Past. $ diatasni ejg •217.4Z71eet . .the
-
Point of leginaing,
Thee land described contains 1S,Qi7 square feet, or 0.390 acres,'sore or Lees.
\\ C�i
EXHIBIT
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i 80, 000. 00 , Florid'
'Miami
• t10'95
FOR VALUE RECEIVED, the undersigned, (jointly and severally, if more than one) promises to pay to
CITY OF MIAMI BEACH , or order, in the manner hereinafter specified,
the principal sum of EIGHTY THOUSAND and 0Q.c,„W /I00 DOLLARS
($80,00 0. 0 0with interest from date at the rate of See rk Cent.per annum on the balance from time to time remaining unpaid.
The said principal and interest shall be payable in lawful money of the United States of America at 1700 Convention Center Dr. ,
Miami Beach, FL 33139,r at such place as may hereafter be designated by written notice from the bolder to the maker hereof,on
the date and in the manner following:
1. no interest accrues on this note during the first five years of the
ten year term of this note;
2. interest accrues on this note at 8% per annum during the last five
years of the ten year term of this note;
3. the entire unpaid principal and accrued and unpaid interest are due
and payable upon the earlier of: 10 years from the date of this note;
or the Hebrew Academy's "Use" of the 'L Acre Parcel" as said terms are
defined in paragraph 12 of that =^er�rtain. ettlement Agreement executed
- cwong the parties under Case No. 92-1594 CIV-GRAHAM in the United States
District Court, Southern District of Florida.
This note with interest u secured by a mortgage on real estate, of even date herewith, made by the maker hereof in favor of the said
payee, and shall be construed and enforced according to the laws of the State of Florida.
•
If default be made in the payment of any of the sums or interest mentioned herein or in said mortgage, or in the performance of
any of the agreements contained herein or in said mortgage, then the entire principal sum and accrued interest shall at the option of the
holder hereof become at once due and collectible without notice, time being of the essence; and said principal sum and accrued interest
shall both bear interest from such time until paid at the highest rate allowable under the laws of the State of Florida. Failure to exercise
this option shall not constitute a waiver of the right to exercise the same in the event of any subsequent default.
Each person liable hereon whether maker or endorser, hereby waives presentment, protest, notice, notice of protest and notice of dis-
honor and agrees to pay all costs, including a reasonable attorney's fee,whether suit be brought or not,if,after maturity of this note or default
hereunder, or under said mortgage, counsel shall be employed to collect this note or to protect the security of said mortgage.
Whenever used herein the terms "holder", "maker" and "payee" shall be construed in the singular or plural as the context may
require or admit.
Maker's Address ...( '] .MIAM1...HEBREN_ACADEm (SEAL)
2400 Pinetree Drive By: (SEAL)
Miami Beach, FL 33140
(SEAL)
(SEAL)
EXHIBIT \\ E
MORTGAGE DEED
TH1f INDINTUII,executed this day of
A. D. 19 95 between Greater Miami Hebrew Academy
party of the first
part, hereinafter called the Mortgagor, which term as used in every instance shall include Mortgagor's heirs, execu•
ton, administrators, successors, legal representatives and assigns,and shall denote the singular and/or plural,and the
masculine and/or feminine and natural and/or artificial persons whenever and wherever the context so requires or
admits, and
City of Miami Beach
party of the tuned rant hereinafter ailed the Mortgagee.
Writ4Iss mH,that for divers good and valuable consideration', and also in consideration of the aggregate sum
named in the promissory note of even date herewith,hereinafter described, the said Mortgagor does grant, bargain,
sell, alien, remise, release,convey and confirm unto the said Mortgagee, is asceessoes and assigns, in fee simple, all
the certain tract of land of which the said Mortgagor is now seized and possessed, and in actual pnswt iott, situate in
Dade County,State of Florida,described as follows:
See Exhibit "A" attached hereto
and incorporated herein by this
reference.
EX1BT
Together with an.wcturn and ins'roten.a, sow .ad►trarher se maid hand, gad the noses, braes and pee(ie, of the above
described proper (provided,however,that the hiorteyor than be welded a collect mad retain the said frets, north, and probed
until delimit hereunder); and all features mow or hereafter attached so et wed in connection with the protheses bereft described read
in addition thereto the following described household appliances which are,and dal/be deemed so be,firearms sad a fart of the realty,
and are • portion of else thew*for the indebtedness herein nwtiomed:
To Have AND To HOLD the tame, together with the tenements, bereditatnents arsd appurte sanoa unto the said
Mortgagee, and its weceattts and assigns,In fee almpk.
AND the said Mortgagor,for himself,his heirs,kgal representatives and auigns, does covenant with said Mort.
wawa, Its successors, legal representatives and assigns, that said Mortgagor is indefeasibly seized of said land in fee
simple; that the said Mortgagor has full power and lawful right to convey said land in fee ample as aforesaid; that
it shall be lawful for said Mortgagee,his successors, legal representatives or assigns, at all times peaceably and quietly
to enter upon, hold, occupy, and enjoy said land; that said land is free from all encumbrances; that said Mortgagor,
his heirs, legal representatives or assigns,will make such further assurances to perfect rise fee simple title to said land in
said Mortgagee, in successors, Legal representatives or assigns, as may reasonably be required; that said Mortgagor
does hereby fully warrant the title of said land and will defend the same against the lawful claims of all persons
whomsoever.
PROVIDED ALWAYS,that if said Mortgagor,his heirs, legal representatives or assigns shall pay unto the said
Mortgagee, its successors, legal representatives or assigns. that certain promissory note of which the following is a true
and correct copy to-wit:
COPY OF NOTE FOR $80,000.00 TO BE
ATTACHED HERE110
And shall promptly perform, comply with and abide by each and every the stipulations, agreements. conditions
and covenants of said promissory note and of this deed, then this deed and the estate hereby created shall cease and
be null and void.
And the said Mortgagor, foe himself,hie heirs,Ispl teresseestatiras Oe 5OMLiIII, bettby aloes eoasoftat aa.! g :
I. To pay all ad insole/the priocipel sad inaaasr sad ether maw of raw? psyseit by virtue of said promissory sae sad
dais deed,or either, ►e'omptly oe the Says respectively the met severally become egos.
oes, *ad ecu brences of every wore on said da-
l. To pay all and wgular the sheet,su+stmweu.pewit;liabilities, obligations,
scribed property, each sod every. sad if the ahem ►e ant prompdy paid the said Mortpta°e, its suceoenra ksai reprewwtstives se
aeaigtu,may at any time My she mane without weivias or affecusg the option to foreclose or any right hereunder,sad every pelisses
so made shall bear Interest from the date thereof at the highest rate allowable umbel the lays of the State of ilonda.
S. To pay all and singular the emu,charges and expenses,Melodies lawyer'a lest, reeaonabhy incurred or Pad at say now 101
said Mortgagee, Su surveyors, kph representatives or susens,because of to(salute on the part of the said Moetsssoo,his heirs legal
/ representatives or assigns, so perform.comply with and abide by each sad every the stlpulatioos asretwwnts,toeditiows mad cosawanu
of said promissory note and this hoed,or either.and every such payment shall bear interest ftor date at the highest tate allowable under the
Um(of the State of Florida.
4. To keep she buildings now or hereafter on said land insured in • sum equal so the highest imsurtble value, hods fire sod
extended coverage, to a company or companies to be approved by said Mortgagee, sad the policy or policws held by sod payable so
said Mortgagee, its successors, legal representatives or assigns, and is the/cent any cum of money becomes payable sneer math policy
or p.,hiciet,die gfortgagee,his heir,legal representatives or assigns shall have the option so receive sod apply the same on actr""t of
the indebtedness hereby secured or to permit the Mortgagor to receive and use it or arty pan thereof tau other purposes wtihw.ut her,
fey waning or impairing any tgwry, Iwo or right under or by virtue of this saKutpse• and stay place end pay for such swwrsn,. to
may part thereof without waiving/or affecting the'pilots so foreclose of may right herstaaalet,sad each sad every loth p•ytae*t shall
.xis inter is Lora date at the higher.rate sllowabk under the laws of the State of Florida.
S. He will permit, commit,or suffer so wane, impairment,or dwerioc•tion of said property or say part thereof,tacit"(reason.
able wear sod tear; and to the event of the failure of the Mortgagor to keep de buildiass ots said prwtnuss wed s hots so be treesed er
said premises, or improveoents thereat, in good repair, the Mortgagee easy make such repairs u in its discretion it may ekes+seer.'
eery for the proper pre.ervstioo thereof sod the full astwnt of each sod every such peyrta( shall be doe sod payable tarry (SO)
days after deraad,and shall be secured by the lien of this woeigage.
6. To perform ccenphy with and abide by each and every the atip ulstio ass,agreements,conditions gad covetaso in said peootn-
tory note.
uponso the court havretsutadic or thereof for the
7. The Mcwpgee may. at any rime a wit this aow'ts*it. apply t l
appointment of a receiver, and such court shall forthwith appoint a receiver of the premises covered hereby all sad emeuLr,itclosd-
ieg all and singular the income, profits, issues, said ravto/ses from whatever source derived, each sod every of which. it bees
expressly understood, is hereby mortgaged,as if specifically set fords sod described in the granting mid habendum clauses ;
hereofSuch appointment shall be made by such court as an admitted equity and a starter of sbsoluse right to said Mortgagee,
and ithoo
reference to the adequacy or inadequacy of the 'sloe of the property mortgaged or so the solvency or insolvency of aid Mortgagor
of the defendant'. Such rents, profits,income,issues,and revenues shall be applied by such rKeiver according so the lien of this
mortgage and she prorate of such court In the'.eat of any default on the pert of the Mortgagor hereunder, the Mortgagor agrees
to pay to the Mortgagee on demand as a reasonable monthly rental for the prvmssel met amount at leas. equivalent to pee-twelfth
(1 1/12) of she aggregate of the twelve moodily iascallmeots payable in the then curtest year plus the sclual amount of the annual
taws, asae,scancs, waver rates, mad insurance premiums for such year not covered by the aforesaid monthly payments.
I. If any of said sums of moexy herein referred to be roe promptly sod fully paid witls.ie 50 days bear after die same severally
become due and payable,or if each and every the stipulations,agreements, coedttioos sad counsnt of said pro,atswry mote and this
deed,or either,are not fully performed,complied with sod abided by the said aggregate sum meataoned in said promissory mute shall
become due sod payable forthwith or thereafter at the option of the Mortgagee, its succewaots,legal represenutives or sessgrts,as folly
sad completely as if the said aggregate sum were originally stipulated so be paid co each day, seyti'us a wad promissory bat nr
herein to the contrary notwithstanding.
9. The mailing of a written notice or demand addressed to the owner of record of the mortgaged premises,or directed to the said
owner at the last addreu,actually furnished to the mortgagee,or if none. directed to said owner at said mortgsitd premise., sad
mailed by the United States mails, postage prepaid, shall be sufficiieet notice and demand in any case arising under this instrument and
required by the provisions hereof or by law.
t0. If foreclosure proceedings of any mortgage,or lien of any kind,superior or inferior to this mortgage be Maimed.the Mort-
gagee hereunder may at to option, tnrnedately or thereafter,declare this mortgage mad the indebtedness secured hereby doe sad
payable.
1N WrTNus WHaasoi, the Mortgagor has hereunto set his hand and seal the day and year first above written.
Sighed,sealed and delivered in the presence of:
Greater Miami Hebrew Academy
BY: (SEAL)
—_(SEAL)
(SEAL)
----- (SEAL)
Sian or FLORIDA.
N:
COUNTY or DADS
I, an officer authorized to take ackrowkdgarents of deeds accoedi tothe Iaws,of tate f F1
hhe Soc a dU f'i'alarm_ Hebrewqualified and acting,HEREBY CERTIFY that r � -resiuenLL OI 1
Academy
to me personally known, this day personally appeared and a.ckn swkdged before me that he
executed the foregoing mortgage for the purposes therein expressed,and I FURTHER CERTIFY that I know the said
person making said acknowledgement to be the individual described in and who executed the said mortgage? on behalf of the coI.pUr-
IN WITNess WHaaaor, I hereunto set my hand Sod official tea!at Miami, said Co+asey ation.
and State,this day of A.D. 19 95.
• N.twy rookie.
My commission expires:
•
STAT1 or FtoamA,
ss:
COUNTY Or DADS
I, an officer authorized to take acknowledgements of deeds according to the haws of the State of Florida, duly
qualified and acting,hereby certify,dust
tad
respectively,as President and Secretary of the
to me personally known, this day acknowledged before me that they executed the foregoing mortgage as such officers
of said corporation,and that they affixed thereto the official seal of said corporation;and I further certify that I knuw
the said persons making said acknowledgement(s) to be the individual(s) described in and who executed the said
mortgage.
IN a'r7NISS WHEREO►, I have set my hand tad official seal at said County and State.
this day of A.D. 19
Notary Nadir.
My commission expires: _.
.!< o .'
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T t 2
MORTGAGE NOTE RAMGO roam 83
11 371,'131. 20 Miami ' , Floid,
, 1995
FOR VALUE RECEIVED, the undersigned, (jointly and severally, if more than one) promises to pay to
CITY OF MIAMI BEACH , or order, in the manner hereinafter specified,
the principal sum of THREE HUNDRED SEVENTY ONE THOUSAND ONE HUNDRED THIRTY ONE 20'l00 DOLLARS
($ 371,131.2Qwith interat from date at the rate of 0 per cent. per annum on the balance from time to time remaining unpaid.
The said principal and interest shall be payable in lawful money of the United States of America at 1700 Convention Center Dr. ,
Miami Beach, FL 331393r at such place as may hereafter be designated by written notice from the bolder to the maker hereof,on
the date and in the manner following:
This note shall be fully due and payable upon the earlier of:
10 years fran the date of this note; or the Hebrew Academy's
"Use" of the "1 Acre Parcel" as said terns are defined in para—
graph 12 of that certain Settlement Agreement executed among the
parties under Case No. 92-1594 CIV—GRAHAM in the United States
District Court, Southern District of Florida.
This note with interest is secured by a mortgage on real estate, of even date herewith, made by the maker hereof in favor of the said
payee, and shall be construed and enforced according to the laws of the State of Florida.
If default be made in the payment of any of the sums or interest mentioned herein or in said mortgage, or in the performance of
any of the agreements contained herein or in said mortgage, then the entire principal sum and accrued interest shall at the option of the
holder hereof become at once due and collectible without notice, time being of the essence; and said principal sum and accrued interest
shall both bear interest from such time until paid at the highest rate allowable under the laws of the State of Florida. Failure to exercise
this option shall not constitute a waiver of the right to exercise the same in the event of any subsequent default.
Each person liable hereon whether maker or endorser, hereby waives presentment, protest, notice, notice of protest and notice of dis-
honor and agrees to pay all costs, including a reasonable attorney's fee,whether suit be brought or not,if,after maturity of this note or default
hereunder, or under said mortgage, counsel shall be employed to collect this note or to protect the security of said mortgage.
Whenever used herein the terms "holder", "maker" and "payee" shall be construed in the singular or plural as the context may
require or admit.
Maker's Address GREA'r R MIAMI HEBREN] ACADEMY (SEAL)
2400 Pinetree Drive By: ..- (SEAL)
Miami Beach, FL 33140
(SEAL?
(SEAL)
EXHIBIT _
MORTGAGE DEED
Tins IND1HTual,emoted this ditty of
A. D. 19 95 bttw.tn Greater Miami Hebrew Academy
part, hereinafter called the Mortgagor, which term as used in every party heirs
ecru
tors, administrators, successors, legal representatives and and shallshall include ssingular
errM and/oplural,r
ed the
nuaculine and/or feminine and natural and/or artificial aka w denote the sitr the andt e and for
admits, and persona whenever and wherever the context so requires or
City of Miami Beach
parry of the second pert, hereinafter called the Mortgagee.
WiTxassrrst,the for divers good and valuable coessid sties, sod also io coesedteaation of the aggregate scree
caned in the promissory none of even date herewith, hereinafter described, the said Mortgagor doer t, bargees,
sell, alien, remise, release, matey and confirm unto the said gee
Martga$ee, itssuccessors and assigns, in fee simple, all
the certain tract of land of which the said Mortgagor es now seised and possessed, and in actual
Dade Coup State of Florida, ia nrtutt m
County, orsds described u follows:
See Exhibit "A" attached hereto
and incorporated herein by this
reference.
EXHIBIT
T.pet er aid%.n streetarea..d improveaann son aid bereetar en mid Mond rad dr weea, imam and proles .f t e shawl descried property (prided however,that let Morey nh,1i Iw sacidfad to etallact sod mere ttw said eats, rare, sad prow until default berettndet); and all helmet sow Or ►ereaf.er.naclt.d to .r said s cEnnettps with she promises!teats deem ed sad
in r d+uon Metes,it fol omm4 et.cr,bed be.rhold appltaacet which tee,sad ball be d e..ed to be,firtaart.sad a
sad ate a portico of the scarily for tee iod.�sdseee Metros.aan.iored: pan el rho realty,
To HAvt AND TO Hots the sane, together with the tenements, heredltaments and appurtenances unto the said
Magee, and its successors and assigns, in fee simple.
Atm the said Mortgagor, fot hlnsseIf,Isla heirs,kgal representatives and assigns, does covenant with said Mort.
pre, les soccesaota, legal representatives and assigns, that said Mortgagor is indefeasibly seized of said land in foe
simple; that the said Mortgagor has full power and lawful right to convey said land in fee simple as aforesaid: that
it shall be lawful for said Mortgagee,his successors, legal representatives or assigns, at all limey peaceably and quietly
to enter upon, hold, occupy, and enjoy said land: that said land is free from all encumbrances; that said Mortgagor.
his heirs,legal representatives or assigns,will make such further assurances to perfect the fee simple title to said land in
said Mortgagee, its successors, legal representatives or assigns, as may reasonably be required; that said Mortgagor
does hereby fully warrant the title of said land and will defend the same against the lawful claims of all persons
whomsoever,
PROVIDED ALWAYS,that if said Mortgagor,his heirs, legal representatives or assigns shall pay unto the said
Mortgagee, its successors, legal representatives or assigns, that certain promissory note of which the following is,true
and cornett copy to-wit:
DOPY OF NOTE FOR $371,131.20 TO BE
ATTACHED HERETO
•
•
And shall promptly perform, comply with and abide by each and every the stipulations, agreements, conditions
and covenants of said promissory note and of this deed, then this deed and the estate hereby created shall cease and
be null and void.
STATt Of FLousaa, /1
)M:
CouKrr or Dun J1 aR�[ � �{ $�y��j �
1, an off d to take acktaowkdgttrterm of deeds urocdtd5 �i�Is tl I (irk tP_I IYii tItll HP�YeW
qualified and HEREBY CERTIFY that r 1 ell O E'a
Academy
to me personally known, this day personally appeared and acitnowkdged before me that he
executed the foregoing mortgage for the purposes therein expressed,and 1 FURTHER CERTIFY that I know the said
person making said acknowledgement to be the individual described in and who executed the said mortgage! on behalf of
the IN WITNESS 'HaatOf, I hereuntomy act hand and official seal at Miami, and Cowry ation.
.
and State,this day of A.D. 19 95
Natty haidic.
My crosntision ex Fitts:_
•
STAT7 or PLORIDA,
I.:
COI/NTY or DADA
1, an officer authorised to take acknowitdrinients of deeds according to the laws of the State of Florida, duly
qualified and acting,hereby certify,that
and
respectively,as President and Secretary of the
to me personally known, this day acknowledged before me that they executed the foregoing mortgage as such officers
of said corporation,and that they affixed thereto the official seal of said corporation;and 1 further certify that 1 know
the said persons making said aciusowkdgement(s) to be the individual(:) described in and who executed the said
mortgage.
IN a'nxass 'X'Htator, I have set my hand and official seal at said County and State,
this day of A.D. 19
Notary Pvidit.
My commission expires: _.
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EXHIBIT "I"
Current Municipal Par 3 Golf Course Land as
described in the City of Miami Beach Year 2000
Comprehensive Plan Supporting Documents
Section VII and Figure VII-2 excluding:
Exhibit "C" (0. 38 Acre Parcel) ; and
Exhibit "D" (1 Acre Parcel) .
. .
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srrt tux preposep IY:GAMBACH SKLAR ARCHITECTS
7 tr, SITE PLAN& • ..-; .
• ., PLANTING PLAN °477//3 HEBREW ACADEMY al
!, 4; nevts.o..rs
4 STREET EDGE& rosenberg design group_
1... PERIMETER BUFFER 11111(1Y. k4 LAND PLANNING•LANDSCAPE ARCHITECTURE
0.1•14gUe.1:ANIORSCAN •OCIP TV OP 1...•6100,APIII P.00NI•r•CT•
. —.— .
MUTUAL RELEASE
KNOW ALL MEN BY THESE PRESENTS, that CITIZENS FOR GREENSPACE, INC.,
and MICHAEL KINERK, (hereinafter the "PLAINTIFFS") and the GREATER MIAMI HEBREW
ACADEMY and DAUGHTERS OF ISRAEL, INC., THE CITY OF MIAMI BEACH, SEYMOUR
GELBER, NEISEN O. KASDIN, SY EISENBERG, SUSAN F. GOTTLIEB, DAVID T. PEARLSON,
MARTIN SHAPIRO, NANCY LIEBMAN, and ABE RESNICK (hereinafter the "DEFENDANTS"),
for and in consideration of the terms, conditions, stipulations, and acknowledgments of the
Settlement Agreement between the parties dated , and for
other good and valuable consideration received by all parties, the adequacy of which is hereby
acknowledged, do hereby mutually remise, release, acquit, satisfy and discharge one another for
themselves, their successors, heirs, assigns, agents and attorneys of and from any and all
actions, causes of action, counterclaims, suits, torts, debts, sums of money, accounts,
reckonings, contracts, controversies, agreements, promises, damages, constitutional claims,
tortious interference claims, malicious prosecution claims, abuse of process claims, judgments,
executions, claims and demands whatsoever, past, present and future, in law or in equity, which
each had, may have had, asserted, or may have asserted against the other(s) in, on account of,
or arising out of the lawsuit styled Citizens for Greenspace, Inc. a Florida nonprofit corporation;
Michael Kinerk, Bent Voltelen v. City of Miami Beach, et al. in the United States District Court
for the Southern District of Florida, Case No. 92-1594-CIV-GRAHAM.
WITNESS our hands and seals this day of , 199 .
CITIZENS FOR GREENSPACE, INC.
Print Name:
Title:
MICHAEL KINERK
Print Name:
1
EXHIBIT
CITY OF MIAMI BEACH
Print Name:
Title:
SEYMOUR GELBER
Print Name:
NEISEN O. KASDIN
Print Name:
SY EISENBERG
Print Name:
SUSAN F. GOTTLIEB
Print Name:
2
DAVID T. PEARLSON
Print Name:
MARTIN SHAPIRO
Print Name:
NANCY LIEBMAN
Print Name:
ABE RESNICK
Print Name:
HEBREW ACADEMY
Print Name:
Title:
DAUGHTERS OF ISRAEL
Print Name:
Title:
MIA3-311606
3
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
, 199 , by , of
. He who is personally known to
me/has produced as identification.
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
, 199 , by , of
. He who is personally known to
me/has produced as identification.
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
4
•
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
, 199 , by of
. He who is personally known to
me/has produced as identification.
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
5
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
, 199 , by , of
. He who is personally known to
me/has produced as identification.
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
6
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
, 199 , by , of
. He who is personally known to
me/has produced as identification.
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
7
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
, 199 , by , of
. He who is personally known to
me/has produced as identification.
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
8
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
, 199 , by , of
. He who is personally known to
me/has produced as identification.
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
•
•
•
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
, 199 , by , of
He who is personally known to
me/has produced as identification.
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
10
•
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
, 199 , by , of
He who is personally known to
me/has produced as identification.
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
11
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
, 199 , by of
. He who is personally known to
me/has produced as identification.
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
12
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
, 199 , by , of
. He who is personally known to
me/has produced as identification.
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
13
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
, 199 , by of
. He who is personally known to
me/has produced as identification.
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
14
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
, 199 , by , of
He who is personally known to
me/has produced as identification.
(SEAL) •
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
15
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
CITIZENS FOR GREENSPACE, INC. CASE NO. 92-1594-CIV-GRAHAM
a Florida nonprofit corporation;
and MICHAEL KINERK,
Plaintiffs,
vs.
JOINT MOTION TO
CITY OF MIAMI BEACH, a municipal SET ACTION FOR TRIAL
corporation of Florida, et al.,
Defendants.
Plaintiffs, Citizens for Greenspace, Inc., Michael Kinerk, and Bent Voltelen
("Greenspace"), and defendants agree and jointly move this Court to set this action for trial on
the first available trial calendar, and in support thereof state:
1. The parties have engaged in extensive and lengthy good faith settlement
negotiations.
2. Despite the parties' good faith efforts, settlement has not occurred, and in all
likelihood cannot occur.
3. Pursuant to the parties' attempted Settlement Agreement dated , the
parties agreed to submit this motion.
3. The parties are now desirous of a speedy resolution of this lawsuit at trial.
EXHIBIT
WHEREFORE, the parties respectfully request that this Court set the action for trial on
the earliest available trial calendar.
Respectfully submitted,
HOLLAND & KNIGHT
Attorneys for Plaintiffs
701 Brickell Avenue
Miami, Florida 33131
(305) 374-8500
By:
CITY OF MIAMI BEACH
City Attorney
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7470
By:
DAUGHTERS OF ISRAEL and
THE HEBREW ACADEMY
Arenson, Dittmar & Karban
60 E. 86th St.
New York, NY 10028
By:
MIA3-311639.1
2
'Pr&parAd by: '
David Berger, Esq.
1221 Brickell Avenue, Suite 2600
Miami, FL 33131
SPECIAL WARRANTY DEED
Folio No. 02-3227-00-0100
ID No. 59-0651086
THIS SPECIAL WARRANTY DEED, made this Scrim,,!ck. , 2000 by and between the CITY OF
MIAMI BEACH, a Florida municipal corporation, whose address is City Hall, 1700 Convention Center Drive, Miami
Beach, Florida 33139, hereinafter called the Grantor, to GREATER MIAMI HEBREW ACADEMY d/b/a RABBI
ALEXANDER S. GROSS HEBREW ACADEMY OF GREATER MIAMI, a Florida non-profit corporation whose post
office address is 2400 Pine Tree Drive, Miami Beach, Florida 33140, hereinafter called the Grantee. •
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations.)
WITNESSETII: That the Grantor, for and in consideration of the sum of Ten($10.00) Dollars and other good and
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases,
conveys and confirms unto the Grantee, the following described land, situate, lying and being in the County of Dade, State
of Florida, to-wit:
Lot 3, Block 1, FLAMINGO TERRACE ADDITION, according to the Plat thereof recorded in Plat Book 34,
at Page 6, of the Public Records of Miami-Dade County, Florida, addressed as 2425 Pine Tree Drive, Miami
Beach, Florida.
SUBJECT TO:
1. Taxes and assessments for the year 1999 and subsequent years.
2. Conditions, restrictions, limitations and easements of record, if any, but this provision shall not operate to reimpose
the same.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
NOTE: GRANTOR AND GRANTEE REPRESENT THAT THIS DEED IS THE CONSEQUENCE OF A LITIGATION
SETTLEMENT RESULTING IN RECONVEYANCE OF A PORTION OF THE LANDS PREVIOUSLY CONVEYED BY
THE GREATER MIAMI HEBREW ACADEMY TO THE CITY OF MIAMI BEACH. ACCORDINGLY, NO FLORIDA
DOCUMENTARY STAMP TAX OR SURTAX IS DUE ON THIS CONVEYANCE AND SUCH TAXES PREVIOUSLY PAID
IN CONNECTION WITH THE ORIGINAL CONVEYANCE SHALL BE REIMBURSED TO THE GRANTEE HEREIN
AND THE PARTIES AGREE TO COOPERATE WITH ONE ANOTHER IN THIS REGARD UPON REQUEST.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;
that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the
title to said land and will defend the same against the lawful claims of all persons claiming by, through or under Grantor.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name the day and year
first above written.
Witnesses: CITY OF MIAMI BEACH,
a Florida municipal corporation
s.
1\sb2 (print name)
1k ,
��
4 .C.wGc. � .c.�.�,.Q By: (SEAL)
, Mayor (print.name)
Pe v erl1.) F. C e r a id(print name) n
l Attest: (?1ku k eic&c. eA.L—^
Ci Cler
APPROVED AS' icy i
FORM & LANGUAC' . +;
8 FOR EXECUTION
Do
ity Attorney
} .
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in Miami-
Dade County aforesaid to take acknowledgements, personally appeared/l ,ce,J (0 r4se/m1, Mayor of the City of Miami
Beach, a Florida municipal corporation, to me known to be the person described in and who executed the foregoing
instrument on behalf of the City of Miami Beach.
WITNESS my hand and official seal in the County and State last aforesaid this ,1 e /2 , 2000.
ot ry Public
AA/ (3e ri 0(1,4<c r (print name)
State of Florida
(NOTARY SEAL) My Commission Expires:
OFFICIAL NOTARY SEAL
ULLIAN BEAUCHAMP
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO.CC738372
MY COMMISSION EXP.APR.29,2002
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in Miami-
Dade County aforesaid to take acknowledgements, personally appeared /?u/-X ,7 Piwri,er, City Clerk of the City of
Miami Beach, a Florida municipal corporation, to me known to be the person described in and who executed the foregoing
instrument on behalf of the City of Miami Beach.
WITNESS my hand and official seal in the County and State last aforesaid this See-ex/Le r- /2� , 2000.
/L't a 434 et .L,/Is%0
No ary Public
A-,f fi thU ' bea(.etwer1O (print name)
State of Florida
(NOTARY SEAL) My Commission Expires:
OFFICIAL NOTARY SEAL
ULLM BEAUCHAMP
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO.CC738372
t MY COMMISSION EXP.APR.29,2002