98-22782 RESO
RESOLUTION NO.
98-22782
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO ENTER INTO A THIRD
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, 1998.
WHEREAS, on October 17, 1995, a Settlement Agreement was entered into between all
parties in Citizens for Greenspace. Inc. and Michael Kinerk vs. the City of Miami Beach. Seymour
Gelber. Neisen O. Kasdin. Sy Eisenber~. Susan F. Gottlieb. David T. Pearlson. Martin Shapiro.
Nancy Liebman. Abe Resnick. the Greater Miami Hebrew Academy and Dau~hters 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 two amendments to the Settlement Agreement extending the Effective Date of the
Settlement Agreement through and including June 30, 1998; 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 Third Amendment to the Settlement
Agreement to extend the Effective Date of Settlement Agreement through and including December
31,1998.
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 Third Amendment to the Settlement Agreement in the above-referenced
litigation in order for the parties to have sufficient time in which to comply with the terms of the
Settlement Agreement.
DONE AND ORDERED this 17th day of
June
'~..1998' .
. 1f
, -
YOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
ATTEST:
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CITY CLERK
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. Date
OFFICE OF THE CITY ATTORNEY
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MURRA)' H. nUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. 38l-98
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Murray H. Dubbin . .,~\ \V
City Attorney I\}k~'
DATE: June 17, 1998
FROM:
,.
SUBJECT: 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
On October 17, 1995, the parties in the above referenced litigation entered into a Settlement
Agreement which provided for, inter alia, various Zoning Ordinance and Comprehensive Plan
amendments in order to effectuate the terms thereof. Two amendments to the Settlement Agreement
have previously been entered into to which extended the Effective Date of the Settlement Agreement
until and including June 30, 1998. In order to comply with the terms of the Settlement Agreement,
a third amendment to the Settlement Agreement extending the Effective Date to December 31, 1998
is required.
Attached hereto, please find a Third 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 Third Amendment to Settlement Agreement
in order that the parties will have sufficient time to satisfy the terms of the Settlement Agreement.
F:'ATf{)ln:RN\COMMMEMOIGREENSPC,EXT
Agenda Item ~ 1 S
Date tc-ll...'18
1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139
THIRD AMENDMENT TO SETTLEMENT AGREEMENT
This Third Amendment to Settlement Agreement ("Third Amendment") is made
this June 9, 1998 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. Pearls on, 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")
(collectively the "Amendments"); and
WHEREAS, the parties desire to modify the Settlement Agreement pursuant to
the terms of this Third 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, 1998". Thus, if the Effective Date
does not occur on or before December 31, 1998 (unless extended by mutual
consent of all the parties or their respective counsel or 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 Third 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.
~\r
IN WITNESS WHEREOF, the parties have executed this agreement as of the
date first above written.
FOR PLAINTIFFS:
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By: -4r) ')I ~~
Tracy 1')1,. hols, Esq.
FOR MUNICIPAL DEFENDANTS:
BY:~~
Murray, ubbm, Esq.
FOR PRIVATE DEFENDANTS:
By:
~
l
David J. Berger, Esq.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~(. ~aJfl~
ity Attorney
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Law Offices
. HOLLAND & KNIGHT LLP
701 Brickell Avenue, Suite 3000
PO, Box 015441 (ZIP 33101-5441)
Miami, Florida 33131
305-374-8500
FAX 305-789-ngg
hllp://www.hklaw.com
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June 29, 1998
Debora J. Turner, Esq.
CIty Attorney
1700 Convention Center
Miami Beach, Florida 33139
I. I ,
Atlanta
Boca Raton
Fort Lauderdale
Jacksonville
Lakeland
Mexico City
Miami
New York
Northern Virginia
Orlando
San Francisco
Sl. Petersburg
Tallahassee
Tampa
Washington,D,C,
West Palm Beach
Re: Citizens for Greenspace, Inc., et ai. v. City of Miami Beach, et al.
Dear Debbie:
,- Fla
Enclosed is the original Third Amendment in the above-styled case signed by me and
David Berger. Please execute same and forward copies of the fully executed document to
all parties.
If you have any questions, call me.
cc: David J. Berger, Esq.
Sincerely yours,
~
DAVID J. BERGER, P.A.
1221 BRICKElL AVENUE
SUITE 2600
MIAMI, FLORIDA 33131
TElEPHONE (305) 536-1444
FACSIMILE (305) 536-1486
June 24, 1998
Tracy Nichols, Esq.
Hoiiand and Knight
701 Brickell Avenue
Suite 3000
Miami, Florida 33131
Re: Third Amendment to Settlement Agreement between Greater
Miami Hebrew Academy, Daughters of Israel, Inc., City of
Miami Beach and Citizens for Greenspace, Inc. (IiThird
Amendment")
Dear Tracy:
Enclosed is the original Third Amendment, which has been signed by me. Please
execute same and forward to Debbie Turner, Esq. for signature. Call me if you have any
questions. Thank you.
Sincereiy,
DAVID J. BERGER, P.A.
J~l:Cd2J
David J. Berger, Presid
DJB/kjg
Enclosure
cc: Debbie Turner, Esq.