95-21689 RESO
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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 tenns 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 necessary City personnel to execute
the Settlement Agreement docume
PASSED and ADOPTED this 26th day of July,
ATTEST:
MAYOR
w~
{JITY CLERK
P...~~,...
RM APPROVED
LEGAL DEPT.
By ---yl.-;)
Dale /. Sl-~.r-
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C.ITY OF
MIAMI
BEACH
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. l... ~X - '1..S
TO:
Mayor Seymour Gelber and
Memben of the City Commission DATE: July 26, 1995
SUBJECT:
J_ Garda-Pedrosa .~,.!
City Manaler . .)\
REPORT ON THIt)~OPOSED SETTLEMENT AGREEMENT WITH THE
HEBREW ACADEMY
FROM:
ADMINISTRATION REcnMMRNn.~ION:
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.
AGENDA ITEM
R-r3-B
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SETTLEMENT AGREEMENT
THIS AGREEMENT made as of this f)(1~ /7' , 1995, by
and among Citizens for Greenspace, Inc. and Michael Kinerk
(referred to collectively as "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, (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 Holt. 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 grand fathered 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 ll,pprox. 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 "0" (the "1
Acre Parcel"), pursuant to and subject to the terms and conditions
set forth in paragraph 6 below.
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5. p~ent for Approx. 0.38 Acre Parcel.
Parcel, the Hebrew Academy shall pay to the city
following manner:
For the 0.38 Acre
$100,000.00 in the
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
$8.00jsq. 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 "B". 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 Desiqnation 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 unles.s 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. conriquration or Municipal Golr 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 playas 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 addi tional
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. Plaintirrs' Attorneys' pees. 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 Academv Elementa~
School. The Hebrew Academy will be permitted to attempt to acquire
through proper legal and administrative processes land adjacent to
the Hebrew Academy Elementarr'Schoo~ 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 IIJII 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 amount.s; 'owed pursuant. to.. ,paragraph S 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, en~orce 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 confiquration 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
!!il.!! .
14. Exchanqe or 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 Aqreement. 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 I 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 I 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 prov1s1on
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. Acknow1edqment or 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 I s successors or assigns, present and former
subsidiaries, agents, officers, employees, former employees,
partners, estates and personal representatives.
21. rnteqration 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 IIJII 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 IIJ" 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 IIJII 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 .ice 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 ilL".
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.
PRIVATE DEFENDANTS:
GREATER MIAMI HEBREW ACADEMY
tI'fS;.l...t
By:
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By:
MUNICIPAL DEFENDANTS.
By:
ATTEST:
fORM APPROVED
By~f$L
Date /~!/~/9S ,
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STATE OF FLORIDA )
) SS:
COUNTY OF DADE) ~ -z;L _
I HEREBY CERTIFY that on this ~ day of ~~/~995'
personally appeared DANIEL VAl SMAN , President of Ci izens 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
( Y--/?t:L /J.~~~~ ~; #' //2S-S- -/'r.r'~/-/~? ),
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.
My Commission Expires:
OFJ:,'_~f.~f/,_r, r.yG-~J\;<.Y SEAL
i'L\!\:'C'! LY
~~:'~~;I;~:;~i;:~:n.;i'~~~E~~~':,:;\
REI1 1228\OOOllDJBK.lG07,26A
960726
13
.
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STATE OF FLORIDA )
) SS:
COUNTY OF DADE ) . ~
I HEREBY CERTIFY that on this '"J-....J... day of (~ 1995,
personally appeared Michael Kinerk, who is per~on~ Ynknown to m~~
or has produced the following identification (~. ~.. VL~.//tI--
X ~>t.;;?--;c>VY'-5:7"":;;,(s-C:-D), 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.
NOT~L~TE~
My Commission Expires:
OFFle AL N :1\.,.. .;)
, . NANCY KELLY
,'OTAR~.;IJE~JC STATE OF FlORIDA
CO".lMfS,JON NO, <:C29462il
MY COMMISSION EX!'. II
RE\11228\OOO1\DJBKJG0726A
950726
14
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THIS PAGE INTENTIONALLY LEFT BLANK
REI 11228\OOO1\DJ8KJG07 .26A
950726
15
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STATE OF FLORIDA
)
) 5S:
COUNTY OF DADE
)
I HEREBY CERTIFY that on this /7 day of i/~ , 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 __t.he act and - deed--of -
said corporation and that he did not take an oath.
~Jj{!)'t-J~
J:'j/ I, c,rJ '7!;-LQuciJ Q{Y1(J
NOTARY PUBLIC STATE OF FLORIDA
My Commission Expires:
OFFlCIA L NOTARY SEAL
LILLIAN BEAUCHAMP
NaTARY PUBLIC STATE OF FLORIDA
COMM ISSION NO. CC347882
MY COMMISSION EXP. FEB. 13,1998
RE\11228\OOO1\DJBKJG07.26A
950n8
16
"
',' ..'
.' '~
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STATE OF FLORIDA
)
) SS:
COUNTY OF DADE
)
b R day of 0 tfob, 1995,
personally appeared l...AU e.El-Ic.e- Gr~8M;}'" , _
~~~\i~e~ 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.
I HEREBY CERTIFY that on this
l
NOTARY PUBLIC STATE OF FLORIDA
My Commission Expires:
,,~Il' PII$, OFFICIAL NOTARY SEAL
o <;.. OAVIO J BERGER
~ Vrr ~ COMMISSION NUMBER
~ -<: CC466425
.,.~ ~ MY COMMISSION EXP.
OFf\.O JUNE 191999
RE\11228\OOO1\DJBKJG0726A
950726
17
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.,. ..'
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STATE OF FLORIDA
)
) SS:
COUNTY OF DADE
)
I HEREBY CERTIFY that on this E day of Od-ober- , 1995,
personally appeared RIVK" koeF , _
"r-E'~I~e.....L 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 ths.:t;~aid;i:nstrument
i.s the act and deed of said corporation and that he did not take an
oath. .
~\
LV
NOTARY PUBLIC STATE OF FLORIDA
My Commission Expires:
~t-!fIY Pll8 OffiCIAL NOTARY SEAL
~~~ DAVID J BERGER
1< ,. COMMISSION NUMBER
'll ~ CC466425
.,.~ o~ MY GO"''''ISSION EXP.
OF F\. JU 9 9
RE\11228\OOO1\DJBKJG07,2SA
950725
18
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Ra11228\OOOl \OJBKIQ04.17A
9S0417
.'
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EXHIBIT "A"
Legal Description ofFanna Holtz High School Site
Lot 3, Block 1, FLAMINGO TERRACE ADDmON, 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.
.
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'".:: _:'..:- :;' ../.... _ :~.:';.'~;~....:{~~1~;::~!:~... ~ . "--~"":/ ...... .
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.' r -. (l.ll,C.) at.. poUt.. U&'~''';'-:'''.~:~ .....c~~...bi..
':: \(at~UM~' uia' ..nloui;,'~:if~.~:-';';;""""""L'.. '.., ""we
:.:< ti.. PLAt'.r ~''';'"i--' T-=- ~~~~~.t:.i!'i~'fSt '(4...i Itt;ni~.~ S1!'f~~':'-
,'. ..... 61.f u.,.,UC w-".f ....~~'~ ..,.,....~ ..cd.:~.;"':i"
... '.:J.Io -., ...... .-'- - ,'. ...... , "'.
....-. a.naa. ~tIla""-l6 ~;-t'~'~~.~~~,'_.~~.;,
174." tMt; -t_. rua _ w..:t MCI>"'M'ti..ltt,.it,;;,.'~',i" or. ,"':JDll,.:.Do f '.'
" ~ . ..", ;.."l",~' " _ "'- ' .... " . " ..
~ .......1I111_.f ~ HDe ~~.. .....~~;..,:..;-."I'~;O...) .; . .
puul of laM lou~t_ ..~~ ~'" -~; !:~;>>wt.' c.lcl eM "~',
'1:IlM _ 1&. _..11- kaur1,.. 'loll .....~t1 ~ ~ 'tM llnaCft ~,~;'
. . ',-' ....... ,"" ... .,.' .'\:' ....
..'...".:l....w" at J4OO.?1M fna ktoft. .... . ' .. "~80 tMC.t,....~~
.. '.." . 1 ~ . .. f '.. '- .'
IIeftll. a 41at_ .f,uO~Ol1J'6aIlu-- _,_.....~ .,,~...i-~.~~"
. - ........ \ .' ,..., ,.,.,' - . <"!...
aa ..14--"''''''., a .utaDC. at ~.Ol1_",,~-ta:N ~..'a ~-,..IIf,.-:',
, .' .- . .
. 46.54 fMq'- na .;U..WZ1"&,... .ti.I~~,~o~~~M~!~'''''<,~"", ,::: '.::,i1i
,', "".'H ~., _ . .'.. -'."1 ~ ... ...~. Ll!~"I1~.ts.... ...~:
: 1 . ..... ... ,;,. t',.(- ..'.... . ..; . \ '........,v .' . '"
.' :..'~ ',_ ___1:r' u.. .f ..u P1M ~ ~",.c~,',~ - ~-~, """..' ~,~
.. 1:IlM af P1u ~ ..-tw. a ~., '107..",,:_,tIla hie." ...-...~... .
"_ ...r..__:..'~-;.~"..-;,.'..,..;,.,~....-..;; ,".. ;",.:,\:;;.;":.', .
~ ~ ~ _JU.'7l....... t~,~.:..;ei:l~-r.~.i:.;~\"
__oLIof_.___ .... -.. -" ,....,.~.~../"'~...~-).:.~"'"'.,.;,.......... ~.,.~
.....- ~ __ _,~ ",: '", .' J_,.",'~, .;.- ~.r...;:i:':"",';.~:".::/~:~~.i~~::'~ .
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LESS AND EXCEnTING:
THE LANDS DESCRIBED IN EXHIBIT "c" COMMONLY KNOWN AS
THE 0.38 ACRE PARCEL; AND
THE LANDS DESCRIBED IN EXHIBIT "D" COH!10NLY KNOWN AS
THE 1 ACRE PARCEL.
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!.1'~."':u.1~ D ffj'i~~~_~,'!':'~~~:~;,M""'. ~'.~;r. ~.
.';iUft.1loIDI'.....-4.JUJUN.. I.ID~ Clf.U.IIlU.,,..~~&lOtf"' 1 ..~..J:,,'!!!.o:~'
"-:-"~'''.~~~ :~:"-~:'" . ....... ..< ..~~.~n.t-:.':..::......-:~I..:-:.~:.;,...:-"t..; -." .-.~~~~..Jt~~::~~:'~'~'-~.i""
_...... _.,.. --v-t..:..~-., _____.. ,.... ..,~. .. --~. ..... .... ., G . -';5 .'-. ... ,.-.....,...... ....:.,;. --.a.:...T-- -,
\'_:';"~': ...:;''' "':"'\.:. '-, . .',. _. _: _ ".' . . :.-;......... . -." .. -~~'~~:~.'- ~;::'';'l. .~.~:. ...... '.:'f.!";" .;:~._.'~~,:.r:;.~:.5.
...."'!"- :'_'''1.~'~.'_'~':'1 4.:,........;-~--~-...-...._-~ -"1- ~ :~~....~~...L.:...,.'...,....,.,.L...:~...
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,~i~iliawU)U.llort~ J,Ua .ef,....2lft .tt.nft.... ...... 'IfMt. '. ...... otl
tt...-n..t'~. ':~. .. teaau 1~,I:~.,;...,..wJ;.~ ,l!1: ,.~... 1a.l1a.~ look .a:.' ti~:'...
pa.. n of ,~. Jlflb1te -ra. ~~., "~~J16rl.Q'~ ~-....:-ao.tIl'~_'-~..'
AI..... ~N..\4IIla the 1lPtft1)',~ofNil' f1M ~ Drift. . oIf..,..;..o.~.1tI .
'74.16 f..tj,~tbuCa nIIl1)ua ~~ aa"-l rtJia''fr... Drift, . u.~.or 100.00, ~
to tba 'll..~~ l1u of...said 11M ~ -PAft; t~""fr..RIl ha,Jonll aleGa cJla ..tady
l1u of"iM 2noe.1lri... . dUtaDee 'Df '521~OO "eat t1ttM h_ ., J'Jf~ftl (t.(l...)
, It! the ~~ of 'laa4lla"1UI*~1 theaoa _t~ ~..a:IIa'lat ~~
_.... tia~u wi 80.00 fNtI tllallGt;na'" fleet. ...~ ef ~U.t~ htCl .. '.
tbeace !:Om s"u-"t'!t;t!, a tist_ of ~ ~ti ~ .c.l .... ...t. . 4ia~'.'"
Ur.4ZTfeat-c. ,taM 'lobt at "r-'~I~ -.(p.O...,.." . . .
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n.a land 4ucr1M4 c01ltatna !S,AI>' ftuan !~t., or 0.310 acna. '.n:e er ...
EXHIBIT
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~o~ 15:24 FAI 305 $13 ?002
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EXHIBIT
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rOll VALUE RECEIVED, the u.d........d. (joindy and ..,..rally. U ..... lhan ....) p_ 10 pay 10
CITY OF MIAMI BEACH . or ordet. III the ......_ 1oerdAaI... opecifa<d,
the priDciJ*! .wn of EIGHTY THOUSAND and Olk.,,------------------------- 1100 DOIJ..AU
(, 8 0 , 000 . 0 Dwith 1Il_ lrom date a. the rate.1 See tfe'l'l..L per ....um on the balance I""" time 10 time mllOioior ompajd,
Th. said principal aod int..... ohaIl be payable III lawful lDODey 01 the Unia<d Sta... .1 Ameri.. a.1700 Convention Center Dr.,
f'.tiarni Beach, FL 33139" at such place u may ht'ruhrr be dt'lignate<l by wriuen notice {rom tbe bolder to the m.kt'r he~f. on
the date and in the manner (onowing:
1.
ro interest accrues on this note during the first five years of the
ten year tenn of this note;
interest accrues on this note at 8% per armum during the last five
years of the ten year term of this note;
the entire unpaid principal and accrued am unpaid interest are due
and payable upon the earlier of: 10 years from the date of this rote;
or the Hebrew Academy's "Use" of the '1 Acre Parcel" as said terms are
defined in paragraph 12 of thatheertain.Settlerrent A<jLe€!lIentexecuted .
anong the parties un::1er Case No. 92-1594 CIV-GRl\H1\M in the United States
District Court, Southern District of Florida.
2.
3.
This note with interett 11 IeCUred by . mortgAJ"e on real estate, of evea date herewith. made by the maker hereof ill favor of the said
payee, &rid ahall be conatnled and enCotttd accordinc to the laws of the State of Florida.
If default be made in the payment of &ny of the NJ!U or UJterest mentioned herein or in aid DlOrtrAC'e, or in the pt'rformaDet 01
any of the agreementl coDwned benin or in aaid mortgage, then the entire prib.cipallUDl aDd ac:aved iatcftlt thalI at the option of the
bolder bereof become at onee due and collectible without notice, lime beiDa of the etteDCe; bd taid priacipaJ IUD'i and a(aued intcrtlt
.hall both bear inte~n from such time until paid at the highest ract allowable uDder the laws 01 the Slate of Florida. Failure to rxerci.ae
thia option &ball bOt CO'DItitutc a waiver of the right to exercise the I&IDC in the c:veat of Illy wbeequeat default.
Each penon liable hereon whether maker or t.ndone:r, hereby waives pretentmeDt, protest, notice DOti~ of protest and notice or dt.-
bonor and agrees to pay all cotU, including a reuonable attorney'. fee, wbether wit be brought or not, ii, after maturity of thi. note or ddauh
hereunder, or UDder Pld mortgage, CO\LDICI abalJ be employed to coUect thit DOte or to protect the tecurity of laid mort<<age.
Whenever u~d herein the terms "holder", "maker" and "'pa~" ahaU be eorutrued in the .ingular or plural u the context may
r~quire or admit.
Mar.er'l Addreu
..,GREATER...M.IAML,HEBREl'll..llClIJlEMY.................,,(SEAL)
...~,;......,..........................._............................................,.........(SEALl
2400 Pinetree Drive
Miami Beach, FL 33140
...................,...........",....,............,.......,....................................",..,(SEAL)
................................'...........,_............."".......',...,...................,.....(SEAL)
EXHIBIT
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MORTGAGE DEED
TN.. lNDINTUU, .1C'tNCed this
dafo/
A, D, 19 95 be<wMft Greater Miami Hebrew Academy
,.,.,.o(tIoe fi",
pan. heninahtt ",lid the MOl1pIOr. ",bich tam U UIId Us "'ff'1 ~ ....... iaduclt MoftlllOt's hein. ut'(U.
ton, adminiscrat:ors. IUctason. ltpl rtptutnu.ri\"tS and usip.s. and _II cSeDoct the sitIplu and/or plLlflI. and the
l"n&K'v..Iinc and/or f~nw and ftatu.nJ and/or a.rtilidal pcnocu .~ aacI wherevtr the cantut 10 rtquil'C.l Of
admits. and
City of Miami Beach
put)' of !he ..-d pan. boniaohu caUod iIle Non.....,
"'nNu"TM, .hoc for c1i_ sood ood Y&!uobIe """,dondooo, ud obo iA _lion of cbe .....p.. .....
......d in !he ptomisoor)' _ 01 .... ..... ............ -....w... deocribod, cbe oold N.......t cIoa 1""', hoc'....
xlI., aJ~ remise, releak. c:ocr+'t7 aod cocfitm Uto the Ald M.onraee. its JUCnSIOtI and ~ ift he simple, all
the certain ,rut of IUld of which me IUd Mot'tJ'tIOI' b: DeW Nized aDd ~ .nd ia acnaaJ ro--":Oft, tituart ia
Dado Counl)', SU.. .f Florida, deocribod IS f.U....:
See Exhibit "An attached hereto
and incorporated rerein by this
reference "
EXHiBIT
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TClI"I'tba' wfd! all IInICaIfts _ .,.. __ ..... ___ _ ..w ....... .. .. ..a. ..... ..... pnIia ., the ......
~ Ji'I'OSI'IftJ' (~ ~. that ... Morrp,aor -..u .. ..... ., ceI.I.cI .. Ntaia ... .... ...... ~ ... """iII
.uI 4ri..&lr ~): .d all tm- IIO'lIP or .....,., .ached 10 w -:t .. ~ ...... .. "..... IwftM ~ .....
ill .&iilice Ihtftto.. ~ ~ ~.,."a......-hich......do "'-II" ~ 11).... Ii""'.....,." 01 * rUhy,
.,d ... . ~.,.,...., lot..: .. ... ..........ac..4:
, ,
.,
To it.... AND TO HOUl !be same, loplbe< with !be ...omen... beJedltarnenl1 and .~ ."'" !be oaJd
Moctppe, and III B. , ODd __ III /eo aImpIe.
AHl> tho aoId M.......... for tum.1f. bIa hoin, IoaaJ np_ri... and ......... _ .......... widI told Mon.
...... In -.. ....1 ~ri_ and .......,. du. told M........ it ....1_1 aoiaed .1 add Iaad io fee
limple: thot tho add M~ has lull ........ and lawful rip 10 COIl"" told land io fee aimple u ".maid: dIAl
it ahall be I.wful for told M......... bla _ 'epl ..p.......ri... or ......... AI .11 rimca pucubl1 llnd quietly
10 entlr upoa. hold. OCC'UP1. and eajoy said laAd: that said land is free from .U eacwnbnnces; ch.t aid Mongagor.
his hc1n. Itpt ttprtteouti\'ft or assipI. .ill make such further usunncts co pe-rlea dw fft simple ritle to said land in
t.aid Mons_p. its SUC'Ct'ttOn., Lepl rtpraca.tatiY'tS or auigro. as may reuonably be teql.lind: that t.l.id MonrsOl
doa hereby tully WllTI.nt the ride of said land and ....iJJ dcfcod the same arinst the lawful daims of all ~t$Ons
w"""'-ver.
PROVIDED At WAYS. Wt if add Mortgagor. his hei". lepl reprnencative1 or aullln, shall pay unto the said
Morcgagte. in w,,'cessors, legal rcprnencuiws or assigns. tl\.at ('ertain promissory nott of ""N...h the (ollowin{t ilo .. mol'
and cort<<'t copy to-wit:
CDPY OF IDTE FOR $80,000.00 'ID BE
ATrACHEll HEREm
And shall promptly perfurm, comply with and abide by uch and every the stipulations, .s~nt.. cundiliocu
and cO'Yenanll o( uid ptomi.uory note &ad of (hit deed, then chis deed and the estate bertby created sh311 CC3~ aud
be null and void.
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AlUI doe sold w-pp, lor w-II, W. ...... 1opI.....
'.. .. ....... .....,. .... __ ..:. a,rw:
I. To.., all Md ~ ..... priac:i.... ... ....... .. .... ... .. ...., ,..,..... '" wimIt .. .... .-
dUo -........, _p<Ir _ ... ..... "'-""'.. _ -'" _-.
I. To "'r aU WId..,ulat ............,.. .,.........~ ~ ..... ~ ., .,..". ....,. ClIft Mid ..
k~ prvprnr. .... _ 1'YefJ. M4 If Iht ... .. ~ ~, ,.icI me -.Mf ~, iu ~ IcpI ,.,............. .
&IIt.p&., ..., .. NI, ti-. ..'1M.... "'lw.,l -.,i.... ~ t.ff<<1iItt .. opt*' to k.,edOM IN' ..,.. ripe .............. .... ...., ,.,.....
10 lRIde IhaU bas interest Clcm I.N date ~ot.l the bJ,.tIesl n" t.Uowabk under the la_ of the SUtt of florida.
,.... N4
J. To,.., aU _ ti.plat dw """'I&, thutet .ad ftpatMt, iedvdiq &.wp,', '"' ...-.w,. ~ ., ,.W .. .., .... 11)
.W MortPJH. its ~n. kpl l'ql'YMllU,U\Ift ., aMi",.. "-UUM of N faU..... .. .. ,.,., 01 dw...w MOr&flPl'. hi. ....... kpl
~uliYn IW' ,w.... 10 ,.,rfnte. cora")' ..hh Md t.bfd. ..,. nth ... ""'" .. Mif*latioel, .........u. ~""i,ioe, aN CO\eMAU
of aid promit&ol')' note ud this deed. or either. and ntry wclI ..ymenllNl1 bcaI ","tnt from Aile II the tu,pJ\e51 rate tlJo'flblc W\der 1M
la....orlheSLlteofFJorid.t.
~. To kftp IN ....ildia.. -.. N htr"htr Oft laid &.ad ill..,... .. . __ ...-a ~ ... .......... ill""""'" ..s.... MIh Ii,. .....
uWfMt"d (0\""'11', La . cvmplfty Of' NO\I*'ito. 10 br 'ppro.,ed '" Mid MotIP'-, ud 1M policy ., poHew. held ~ 8M peyab!c to
uid Mon.-I"', il. MIICrCIIMn, lq:a.I repf~se:aU.U"," Of' lWilftl, ud ia che ......1 .... NIn of --.y McOfMt ,.,..we .-, _it Nliq
Of' ~icin, dw )lo"PIff, hi, hein. Iqtl repl"twouti,," or ~I WU hi.. the opt~ 10 f'ft'ti". IIOcI ...., .... .... _ 1rtl_1 01
1hc ~~~u hcrd7y MCUtc<! Of 10 f'C'1lnil tM MGMPfOt 10 ""th'e ud ~ it or lift,. pan tbcnol i<Jt I'lthtr f"t~ "la,,"Vl ....K.
.". ....jyin. or jml~ihAf lIAr cqwry. INn tlr riPI UIQlkr Dr by ,jrtw ol thi. ~. Md ....,. p.I.aI:lt INlod ,.,. 10f' tueh ........1I lor
., ..-n IhtttlO4 ...il~ -.iviq: 01 alNniq .. .,.ioa to fottcIott ... .., riFt .......... 111M ...m _ .....,. ....... ..,_1 w.u
*' irltcn:lt rrom ciate al the hicbcs1lne allOWtWe ~J the la"" or thf. Staw: or F\Qrilla.,
t. fM wiU p4"_t., co.ait., Of ..J'n 110 ..... -peJ.....t., at' .......tioe 01 ... ~ CK .., put .....-. ....,c ftIllDfl-
.w. ......, Md 1Ut; &ad '" dw ,.,..t ollhl ...a.ar. caf the Monwor 10 ..., &he ..nd.,. _ .ud "'-"'" Ifld ... liD'" ...... Oft
ttid PftM....... 0' _~u Ihetwo&, Us pod rcpair. Ihc Nonaqn ..., ..u wda rcpain u ia its diKmiolt. it .., __ ..&
....,. fcK tbt .-roPl't pn..c1'Yuioa dwteof ud the hdJ. M'OUIII of tuh lIWI f'\Cf)' IWCb ..,..... thaU "'-' ... Md ,.,..we ....,. UO)
.Plher ~auJ""lM.."...d "'dac ....oIlhis MOf'tI:laIIo
C. To porrfOf'tllr, CGIIIpfy ...ich uwI .. b)' MCh ~ ntt)' .. IliJ*la...... ....-u. coMitioe. Md ~ ill Ili4 ~
...,._.
,. lht Mona-pc INY. a. U)' .;., ptndiq a Mt .... Ibil ~ appir to .. ~ ht...itlC j-udiCli.- ....,.,,, Jot .,
.,poe.uacIIl 0( . rttti\'U. &Ad ~ COurt IIha1I Ionh'lritb If'POiat. ncri.,..,. of 11M ,.,.._ ~ ~ all .. .,.~. ...&.lI-
.... aU aM f.iqv1ar ... --. ptOfiu., --. tad ,.......... 'f'OIIlII ~ IiCIWa ~ each .. I"l'CfJ' of ....ie... h .....
npn:ul,. Ul!tdcTuond., I. hereby ~ u if IptCUkall, 1ft fonb ead ~ .. .. .,....iIt.I; -.I ~ dlWft Iwteol.
Sc.dI 'ppoInbMCII IlNJJ tw ...oe by sum C'OI.lM al . _i"" equ.i'.,. Md a .nu of ~ riPI ao _id MonpfeI', ud ."ilhoul
Nft"taCt to 1M ad.equKy or tn.Mtq'*)' of Ibt .-.1_ of .... ~ -..ad or to .. 1al""""'J ~ Nol....-cy of ..id NonpfOC'
Ut the ddndMu. Such '"'II. ,.roliu, Wo.e. Utuet, ud ,..... tbaU ... appu.d .". ... reni"H IC'COtdiq 10 the lim .. 11M_
IIII:lOM,.Jt and ~ prt.(l~ "' JudI <<>urt. I" IN rvqt of My ckfnh Of! eN plM of dw Wonp.pr ~~. dw "'enaator IIftft
k1 pa)" IQ ~ MOXtppt.Wl ~ II I ..-abt. ~tk.I, ftClUI lor dw p~.es III ~t a.t lft.u: llJ'Ii....Jc1l1 IC) QM-1....Uch
(lI/U) of .... qpcp.IC of Iht rweI.... fftODCblJ -..u.-.U ,.yt.bk 1ft the Ihn aureal ,., pl.- the act" ____I 01 dlt 1AIlu.aJ
tuft. I$~u, ....wt nl", aM ~ presai... for Iudl ,...,. __ c:cn-tml "" .. alonaid _fhl, ,.~u.
.. lI..y of ..id IIJftU of teIMt)' hema tdffnd 10 be not rro-pdy .... f..n,. ,..w .... '" tier. Ionl d. Ihc II." II'Yft'lItp
ll<<OlM iii. ud paraWe, or illIIlCh Ir;Dd ~ chit -upv!.aJiocu., ............ ~liou _ ~I 01 taid pl'OMilloJty acMe ..... ...
dftd, ot either. an,. f..zly pltt'forfttd. (OIIIplitd ..;Ilh lad abi4Iod ~ .. Ilicl .......... __ ...u.ed . lAid ~INOI'y' .. .-.a
Mco- due _ pa,..w.e lonh.nt:h or ~Ier al dw optioa of Ihe NMtpp&, ill! ~ kpl ft'pC"nnWd.... eM' PIt.... .. f.Dr
ud coaIpkteIJ ... 11_ s&id ....,.U IUCII -. oriaiMII,. JCiJNla_ . lie pe..id .. INCh .y, laJ1h., ill Mid ~ ... Of
here. (I) tha CWItnry lKl(..1lbuaodiClI.
,. The .u1ia, 0' I ..rill", aolln or ~ I~ 10 I.ht O'WMr 01 NCOIrd 01 1M -.onpJ9'CI plWli..... 0( di...nM k11tw Mid
o_t't It che ...... Iddrna, kt\.IIlUy 'lU1IiiMd to eM 1n0C'tJt1"t. Of if 110M. ditKWd 10 lIid OWMr I' ..id ~ ~i~ aacI
.Ied .". the Uailltd SUI" ....a... ~ pr"t'P&ici. IIba11 be fIl.fficH.c aoticw ud ..... ill Ill,. taM lriNI .ow Ihi_ iftltru-fll and
ftqlolit'ed br 1M JttO'lr"i.~ hu.ol or b)' ta....
10. If fondoaUft ~ 01 lIB)' .......ac. or Ii-. of .., kiH. wpwioIt eN' w.rior 10 thi. tnOt'IPIt' ... iucitwe4, .. Non,.
.... ~r aY.7 It iu optioo., iCllftWdiuaJ, 01 &btf"tUlltr. _lata d'liI ~ ... Iht ..tell 4111>> IKwwd hetWr .. ...
--
IN WITNW WKu'Or. the Mortpaor bu htManto It1 his hmd and .... the -7 and rur rust ~. writcen.
SlJ1>Od, -.led ...d cIolivtred in doe ,.- of:
Greater Miami. Hebrew l\cad6l1Y
By:
(1lAL)
.(5IW.)
(5!.A1. )
(SEAL)
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STAn Of p,,-
I.:
CouHTY Of DAIl.
I, an .If_ IUthoriaod to take -JecIra-a o! ... _1'.l ..uho 11_ .... sw. 01 Florid.. dub;" . Hebr
,ualifiod and actinJ, HEREBY CEIlTIFY!bot , as . PreSJ.C1ent or Greater l'u.amJ. eM
Academy
'0 ... 1'""....lIy how... ,.... clay 1'"""""lIy .ppoarod .Dd ad.oowled,""''''" ... chat he
h;<<UfCd tM fnrtgoin'lnOrt'l" for It. purposn theftin txpreutd.. and I Ft.TRTHER CERTIFY thac I know lhe ..Id
person makin, Mid .ckrKnrle-dge-mau 10 be rhe individual dtxribed in lnd who cxecuU'd the ...id motts.Jd on behalf of the c::orp::>r-
IN"WITNII5 WHIUO., I hereunto WI my hsQd aDd offic:ial .... at Miami., said eo..c,. ation.
t.nd State" WI
clayo!
....D.1995.
N..., 1'Wlk,
My COft\mission u:pi.ra:
.
STA.n o. PU:'JDA.
/.:
CoUNTY or DADI
I, ao .fflCer .uthoriud ,. take _~ .1 doods ocoordiot co .... "WI .1 .... Scace .f Florida, duly
qualW.d aod Icrin.. beroby certify, chat
aDd
Rspectivcly. u Prnident and Sc-creury of tht
to me personally known., this day acknowledJe'd bt(OR 1M that rhey uecuted the forepn. mortp. I' sw:h nWcen
(If uid corporation., and that they alfued cheteto the oWcial M&I of &aid""f"A' ~: and I furtbtt t:Utify Ihllt I knuw
the uid ~rsoru making said &dcnowledgement(s) 10 be the individua1(.) Ottcribed ia aDd "bo exKUrN the aid
mortsage.
IN '\'lC'Il'NUS WH'UO', t have Iir. my hand and offidaJ aed .1
oaid Cooney and s.....
this
day or
A. 0.19
My commission upim:._.
No,., 1'Wlk,
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....OA'TG....GE HOT':
RAMeo FORM 83
f 371,'131.20
',. ..,
Miam, 1,
"
t l1orid~
,'1995
FOR VALUE RECEIVED, .he .Dde"';l"ed. (jOiDtIy aDd I<'\'ttall)'. U more than one) pt<>aWet to pay to
CITY OF MIAMI BEACH
. or order. lD the m&nDel' lterdaafttr apec:i[Itd,
the principal lum 01 THREE HUNDRED SEVENTY ONE 'IHOUSAND ONE HUNDRED 'llIIRl'Y ONE 2(yIOO DO\J.ARS
(f 371, 131. 2 D with Ia...... 110m date o. the nte 01 0 per ""D'. per aaaum o. the balaace 1.- time to time reaaaialac uapaid.
The oaJd principal a.d intere.. ohall be payable in lawful moDey 01 the United Sla.e. 01 America a. 1700 Convention Center Dr.,
Miami Beach, FL 3313~r at luch plate as may h~rt'&ht'r be dl'lignatcd by wnut'n notice from the bolder to the maker heff'Ol, on
tbe date and in the manner foUowing:
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 "I Acre parcel" as said terms are defined in para-
graph 12 of that certain Settlerrent Agreerrent executed arrong the
parties llIrler Case No. 92-1594 CIV-GRAH1\M in the United States
District Court, Southern District of Florida.
This note with interett b teCured by .. mortgage Oft real utaR, of t'Y'CIl date herewith. made by the maker hereof ill layor or tlle laid
payee, and thall be conatnled. and enforced according to the laW1 01 the Sta.tt; 01 Florida. .
Ii default be made in the payment or &.by of the JWIlJ 01' intt:relt mentioned herein or in. aid 1DOI'tIac-e, or in the performance of
any of the agreemenu contained herein or in said lDortpge, the the entire principalaum a.od acc:rued iDternt ahall at the optioQ of tht
hoJdtr hereof become at ODce due and coUec:tible without DOtice, time beU:w or the eueDCej aDd laid priDdpallWll Uld accrued infeftlt
&baU both bear interett from such time until paid at the highest nte a.UowahJe under the laws of the State of Florida. FailYf'e to e:x:uci.te
this option Ih.a.ll bOt coDltitute a waiver of the right to eurcite the &&me in the C'V'tIl:I of uy aubeequeal default.
Each ~non liable hereon wbether muer or endorser, hereby wa.i'wU presenlmeat., prot.ett, DOUce DOUce oC protest aDd DOUce of di..
honor and arreea to pay all CQlU, including a. re.uo~ble attorney', fee, whether ,wI be brousht or DOt. ii, diet maturity of this note or default
bere\l.Oder, Of under said mortgage, couDJe1 abal1 be employed 10 collect th.i, note or to protect the aecurity ol aid motta-se.
Whenever used bnein the lemu "bolder", "malter" and ''payee'' shall be C::OlUtnled iD the Jingula.r or plural as the cont~t may
fequire or admit.
Malter's Addres.s
GREATER MIA."lI HEBIID-! ACADEMY
..... .........." ,.,........,. ._,..,. ...."" ...., ...-.............. ,.............._...'_,......., ,... ( SE.AL )
Bv:
..::........,..._.........._..............._..............,.................._.................. (SE.AL)
2400 Pinetree Drive
Miami Beach, FL 33140
.........,..............,...-.................."."..........,'.........................,...........,(SEAL)
.........................,........,.........'................,......................_................(SEAL)
EXHIBIT
\\ C; ~
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MORTGAGE DEED
TN" IHDINTUII, necueed IhU
.,01
A. D. 19 95 _ Greater Miami Hebrew Acaden1Y
pony o( d>t line
pan, herein.lm ailed the MOftNO" ...h.kh nnn IS ..-d ia ...,., ...... ahaJl iDd.... MonrfO"s htin. UKU'
fon, .dminisc:ntors, auCC'dSOrs, kpJ ttptt_nuril'tS aM -..ips. and ehdl __ the NA&vJ.&l and/ot plunl. and tht
tnUC'\lline U.d/Ot laniniM &ad IUINftJ Md/ot anilicial puaotU .~ aacI ~t the contn1 IlO reqwru or
.dmiu., &Ad
City of Miami Beach
pony 01 "'" M<ODd part, _ called <he M...,.,..,
_.or ..........-,_
...,." .<0 ~
WITJlIUlITH, lhat 10' cIncn rood ud......... r 'A-' b4 ead abo ... 1= .... -~ of me -aIft..~ IUfft
auned in obt ,............,. _ 0/ __ .... Ilaowicb, _ 1 II I, <he ooid N_t ~ "..r, Iou......
oeI~ ....... ......... ..1-. ~ aod coaJinn ..to oIw ooid ~ ia r. aod .......... in fH limpl., all
the cettain tract olla.ad of .bic:b the laid ....ottppt is DOW aized aod , J. aod in anuaJ f'O'"_"':on. tiruarc ia
Dodo eo..nry, 5<0.. 01 Florida, dacrlbod as loll"""
See Exhibit "A" attached hereto
and inoo:rporatErl herein by this
reference.
EXHIBIT
,,,, \-\ ~
T..........n ~ -.f _r _. MoW.......,.. _ ..... ..... ... ... ...... .... ... ....... ., ~ ....
~ ........., (~ ~. ... ~ w....,. .-...a "- ...... till ..u.ct -.II ...... .... .w .-.. ...... .. ,...,..
.uI """"1 ..."..,.,); .... ..u finIIon __ or ~ .-..dMd 10 _ ..d ... c....-.. wkh .. ,..--. ....,.. ~ ...,
.. ecWitiCle ~ .. ~ ~ ~ .".ai-. .... ... ....... ""-'d till.... f___ .....,.,... .. faIey.
... Aft . ,.,... .. .. ...,. lor ... J. 1 ...... ~:
. ,
To H~~ AND;'; Hou> the _. eoptbor wlth the _b, btrodl_ and .__ unlD the ooId
M~ ...t lis III OJ) ...t UIlp, II> 1M Ilmple.
A.... .... ..w M____. for blmNlf. IUs holn, Iopl ..,..-..ti... oad ouip. ..... .....-r ,.;do Jald Mon.
...... la __ Iopl ropc<MDlati... aDd .......' thar o&id M......... is .oddtuiblr ..u.d of J&id I&Dd ;.. fee
.....pIa; lhal lho J&id 10(..".,.. .... f..U ....... aDd lawful rip< 10 <<>nW)' o&id land io fee ....pIe u aforcsdd: IIw
ir shall be lawful for aaid M......... IUs _ l.pI "'I""""..ti- or ouip. .. aU an... peuublr ..01 q...."r
ro ~otef upoa. hold, OCC:UPT, and njoy laid lADd: thu ~d land iJ ftH from aU eacwnbtanoe.s: that uid MonrlOr.
his hrin. I~gal representat1'fl or lUIi&QI., .ill make JUCh further UlUratK'ft '0 perfect the f~ simple ride to said bAd in
said MortB~. its fUC'(aItOt$, Ie.., tepre:tea.UbWS or usips. as may rusonably be requited: thai &.aid Monpgot
docs hereby fully ...rranc the ride of Mid land and 'Will delead the same arinst: the '..rlul claims of 111 ~nonl
"",",,-.
PROVIDED AL W A VS. that if said Mort,.gor, his heirs. lept tepreKnutivt1 or .w~nl shall pay unto .he said
MottS*lff. iu IUc<:euoft, lesal reptnenl.ti~ or .ssigns.. that ttrtain promissory note of ...hkh the following; h a ttve
and COl'ftCt copy to-wit:
())py OF NJTE FOR $371,131.20 'IO BE
ATI7\CHED liAAt."lO
And ..h.JJ prompdy perlurnl, comply with .nd .bid( by each and evtry the stipulations, a&rffmtncl. wndiljuns
and co~nanu 01 said promis.Jory note and 01 rhit dftd. then rbis deed aDd rhe arlit het'l'by CTuted sh~lI ct'3~ and
be null and void.
"
"
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"
0" ..'
STAn 0(/ 'Loaa...
j.:
CouNTY ... 0..0.
.
I. .n om_ ..doorioad 10 ... ~ of ... -... ........ b-.of tIor Sua 01 Florida. d.l< . .
q..liI;.d and ana.,. HUEBY CEIlnFY ... , as 1'reSJ.ctent ot Greater rliarru Hebrew
~~lIr ~........ 1M do7 ,.......117 ."....,t aDd _Iedpd btloft _ that he
uC'C'Uted tht fureP-n' InOnpp for me purpoees thttein apreaed. and J Fl1antER CERnFY chat J know the ..id
,.non makin,..id admowled_. 10 ... the iadividual cIeocribc<I in ODd """ .......ed .he said -rr< on behalf of the cornor-
IN 'WITH liS "'HI..or. I htnwuo In -1 haod aDd official -.I a Miami, Jaid c:.o-cr ation.
and St... this
day of
A. D. .995.
N-r fWli<,
My coavuilSioa a:pins:
.
STAn 0' PLCWJD4,
I.:
COUNTY Of DAD.
I, an ofr..., ...boriJod 10 ... ..x-~ of ... ~ to tIor ..... of tIor Sua 01 Florida, duly
quelil;.d and actin.. bttcIoy cenUy. that
aDd
teSlJ<<fiveJy. as PrtSidmr and Staftaty or me
10 mt personally kno-n. this cia,. ackncrw~ ~fon me mat thty at'alfl'd ebt lol'flOi"l ~ as sudI n((i<<rs
c.f uid corporation.. and tbac lbcy .((u:ed tbento the official ..... of uJd c:orponrioa; aad I futtbet CItf'fify thar IIcnuw
(he uid ~nons makinguid a.cbow~c(.) to be dw iDdiridualCI) desaibtd in aM ..be utalttd d'w said
mortgage.
IN '\l"n"'N'US WHIR.Of. J haw 1ft m1 haAd aDd official tetJ Ie
said County ODd St...,
,his
da7 of
A. D,.9
N-r fWli<.
My rommiu1on upirn:.__
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EXHIBIT "1"
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 "0" (1 Acre Parcel).
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SITE PlAN &
PlANTING PLAN
STREET EDGE &
PERIMETER BUFFER
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~....._",GAMBACH SK\,AR ARCHITECTS
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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, Sv EISENBERG, SUSAN F. Go1TL1EB, DAVID T. PEARLsoN,
MARTIN SHAPmo, NANCY LIEBMAN, and ARE 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:
";'!~I~
I K
..
, .
.
CITY OF MIAMI BEACH
Print Name:
Title:
SEYMOUR GELBER
Print Name:
NEISEN O. KAsDIN
Print Name:
Sv EISENBERG
Print Name:
SUSAN F. Go1TL1EB
Print Name:
2
"
"
M1A3-311606
, "
DAVID T. PEARLsoN
Print Name:
MARTIN SHAPmO
Print Name:
NANCY LIEBMAN
Print Name:
ARE REsNICK
Print Name:
HEBREW ACADEMY
Print Name:
Title:
DAUGHTERS OF IsRAEL
Print Name:
Title:
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
melhas 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)
PrintedlTyped 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)
PrintedlTyped 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:
9
, .
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
melhas 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,
a Florida nonprofit corporation;
and MICHAEL KlNERK,
CASE NO, 92-1594-CIV-GRAHAM
Plaintiffs,
vs,
CITY OF MIAMI BEACH, a municipal
corporation of Florida, et aI.,
JOINT MOTION TO
SET ACTION FOR TRIAL
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' :,
I ';f~;,;''j__ ,: :
~
..
"
,. .
I
.
.
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:
MlA3-3I1639.1
2