HomeMy WebLinkAbout2000-23980 RESO
RESOLUTION NO. 2000-23980
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING
A STIPULATION OF SETTLEMENT BETWEEN CLIFTON
SNYDER V. THE CITY OF MIAMI BEACH, A
MUNICIPALITY OF THE STATE OF FLORIDA, AND
AUTHORIZING THE EXECUTION OF ANY NECESSARY
DOCUMENTS.
WHEREAS, Clifton Snyder has, through his attorney, asserted class action claims against
the City of Miami Beach et al. ("City") in Clifton Snyder v. The City of Miami Beach. a municipality
ofthe State of Florida, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade
County, Florida, Case No. 98-9152 CA-25; and
WHEREAS, all parties in the above-referenced case ("Parties") desire to settle the
outstanding claims to avoid further costs and risks of litigation, with the understanding and
agreement of Clifton Snyder, Individually and as Class Representative that while the City has
acknowledged that the fee which is the subject of this litigation is invalid per Collier County v. State
of Florida, 733 So.2d 10012 (Fla. 1999), the City does not believe that a refund is warranted, as set
forth in its affirmative defenses and relies on the provisions of the stipulation that the settlement or
this resolution shall in no event be construed or deemed to be evidence, or an admission on the part
of the City to the contrary and without conceding any infirmity in its defense against the claims of
Snyder and/or the class, considers it desirable that the case be disposed of on the terms set forth in
the Stipulation attached in order to avoid further expense and to dispose of a protracted litigation.
WHEREAS, the City Attorney and the City Manager recommend that it is in the best interest
ofthe City to resolve this case; and
WHEREAS, the Parties have agreed to the terms and conditions as set forth in the Class
Action Stipulation of Settlement ("Stipulation") attached hereto as Exhibit "A"; and
WHEREAS, upon full execution of the Stipulation and upon City Commission approval of
the Stipulation. The Stipulation shall be subject to the approval by the Court. In the event that the
agreement is not approved by the Court or the Stipulation is terminated or fails to become effective
in accordance with its terms, the Stipulation and all negotiations and proceedings relating hereto
shall be without prejudice as to the rights of Parties, and they shall proceed thereafter in all
respective claims and defenses in this instant case.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section I:
That the City Commission approves the Class Action Stipulation of
Settlement attached as Exhibit "A".
Section 2:
That the City Commission hereby authorizes all necessary City personnel to
execute the Stipulation of Settlement documents and consummate the terms
thereof.
PASSED and ADOPTED this 28thdayof June
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CITY CLERK
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CLIFTON SNYDER,
GENERAL JURISDICTION DIVISION
Plaintiff,
CASE NO.: 98-9152 CA 25
v.
(CLASS REPRESENTATION)
THE CITY OF MIAMI BEACH,
a municipality of the State of Florida,
Defendant.
/
NOTICE OF FILING
Plaintiff and putative Class Representative, CLIFTON SNYDER by and through his
undersigned counsel, give notice of the filing of the original fully executed Class Action Stipulation
of Settlement in the above referenced matter.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing was sent via
Facsimile and U.S. Mail this.3/ day of October, 2000 to: ROBERT DIXON, ESQ., Office of the
City Attorney, City of Miami Beach, 1700 Convention Center Drive, 4th Floor, Miami Beach,
Florida 33139.
EVAN J. LANGBEIN, ESQ.
Langbein & Langbein, P.A.
20801 Biscayne Blvd., Suite #506
A ventura, Florida 33180
AND
RICHARD KROOP, ESQ.
Kwitney, Kroop & Scheinberg, P.A.
420 Lincoln Road Mall, Suite #512
Miami Beach, Florida 33139
AND
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,';1 ','
ROBLES & GONZALEZ, P .A.
100 S. Biscayne Blvd., #900
Miami, Florida 33131
TEL: 305-371-5944
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G 'i .~ ; .~I
BY:
~dN %; rt:~ ~(T)
ERVIN A. GONZALE2\}Sej. 0
FL Bar No. 500720
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JUN-l~-OO MON 02:50 PM
FAX NO, 21
p, O~
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CUr-TON SNYDER,
GENERAL JURISDICTION DIVISION
Plaintiff,
CASE NO.: 98-9152 CA 25
v.
(CLASS REPRESENTATION)
CLASS ACTION
STIPULATION OF SETTLEMEl'T
THE CITY OF MIAMI BEACH,
il mUllieipality of the
State of Florida,
Defendant.
/
THIS STIPULATION OF SETfLEMENT is entered into, pursuant to the terms <:nd
eonditiDns set forth below and subject to the approval of the Court, between CLIFTON
SNYDER, Plaintiff and Class Representative ("SNYDER"), individually and 011 bdlalf of all
similarly situated persOnS or entities, and Defendanl, CITY OF MIAMI BEACII, a municipalily
uf the Stale of Florida ("CMB") on behalf of itself and its respective present and former
cmployees, agents, predecessors, successors, and assigns. C~B and SNYDER may be rcferred
to hcrein collectively as the "Parties".
PRELL\fINARY STATEMENTS
On April 21, 1998 SNYDER instituted this action in the Circuit Court of the Eleventh
Judicial Circuit in and for Miami-Dade County, Florida. CMB was served with a Summons ;all!
Class Representation Complaim on April 23, 1998 ang filed its Answer and Affiml:11ivc
])c:fenses t'll January 29, 1999. SNYDER filed his Reply and Avoidance of Affirmative
Defenses un February 18, 1999. SNYDER med an Amended Complaim on October 22, 19')9.
CMB filed its Answer and Affirmative Defenses In .h.. tIo.mended Complaint on J;llluary IS,
EXHIBIT I
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CASE NO.: 98-1)152 CA 25
2000. The A mended Class Representation Complaint seeks declaratory relief determining eM! \' s
Proprictary Services fee to be unconstitutional and invalid. The parties stipulatc lhat lhis CO'JI"t
has jurisdicrion over the subject matter of this action and all parties thereto.
SNYDER is sui juris and a resident of Miami-Dade County, Florida. CM13 i" a
municipality in thc State of Florida, duly organized and constituted pursuant to Articlt: 7, S<.:c.:lion
II, of the Constitution of the State of Florida. SNYDER is the owner o(a condominium loc3'cd
in the City of Miami Beach known as 1900 Sunset Harbor Drive, #2107, Miami Beach, no rid:!.
On Decem5er 16, 1989, CMB enacted Ordinance number 89-2669 entitled "An
Ordinance of the City of Miami Beach, Florida Creating Chapter 1413 of the City C.,de
Establishing an Interim General and Proprietary Scrvices Pee; Prescribing the Rate thcrcof;
Providing for a Repealer; Providing for Severabilily; and PrDviding for an Effective Dale."
Pursuant 10 Ordinance No, 89-2669, Chapter 14B of the Miami Beach City Code was creakd.
Chapter 148 is identical to Ordinance 89-26691. Scction 14B-l of the Code eSI.tblishes a Ice
known as an "Intcrim General and Proprietary Services Fees" (hcreinafter rcferrcd to as the
"Proprie~ry Services Fee" or "Fcc"). The purpose of the Proprietary Services Fee was 10
l!cncratc income to Miami Beach to defray the cost of providing city services to ncwly improved
property prior to the imposition of ad valorem taxes on the improved properlY. The Proprictary
Services lice covered the period commencing on the first day following the dale upon whicll a
certificate of occupancy issueu on a Unit (as defincd in Section 14B-5 of the Cude) unlil the
ensuing January 1st when the propeny, as improved, would bc assessed by the Miami-J);!dc
C()unty Property appraiser and extended on the la..'( roll pursuant to Section 192.042, flolida S~lU~~~.
OnlinaJlcc 89-2669 logether with all amcndmcnts thereto and Chapter 14B will be referred to
inlcrch:mgcahly hereinafter 3.0; the "Ordinance" or the "Code".
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CASE NO.: 98-9152 C^ 25
On Scptember 22, 1993 Commission Memorandum number 514-93 was issued by Ihc
CMB City Manager. Pursuant to Commission Memorandum 514-93, Chapter 1413 of the City
Code was amended by Ordinance number 93-2874 increasing the Proprietary Scrviccs Fcc fr\)!TI
$.03 pcr squarc foot to $.04 per square foot. Assessmem and collection of the Proprict;,ry
Services Fcc was voluntarily terminated by the CMB on Novcmber 25, 1997.
Between the date of enacrment of the Proprietary Services Fee ar.d it; volume;!)'
terminal ion on November 25, 1997, CMB collected approxi.mately $750,000.00 in revenue.~
The Proprietary Services Fee was collected from hundreds of individuals and cnlitics.
SNYDER acquired his condominium unit from the Defcndant, Yacht Clllb Southe,lstem,
Inc., a Florida corporation ("YACHT CLUB"). YACHT CLUB was the developer of SUIl;et
Ilarbor North, a condominium located in the City of Miami Beach. In order to obtain issllance
of a certificate of occupancy, YACHT CLUB paid the Proprietary Services Fce to CMR.
When SNYDER clDsed on the purchase of his unit at Sunset Harbor North, he rei.mbursed
YACHT CLUB for his pro rata share of the Proprietary Services Fee paid by YACHT CLUB
to CMB. SNYDER, through his Amended Class Representation Complaim chalkngcd thc
constitutionality of the Proprietary Services Fee. CMB acknowledged that the Pee was invalid
as pcr Collier County v. State of Florida, 733 So. 2d 10012 (Fla. 1999), A Class was ccrrificd
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by Order dated December 23, 1999.
SNYDER has considered the expense and length of time necessary (0 proscclllC this
action through trial, the uncertainties of (he outcome of this litigation, and the SUbiltanlial ben.~lit
provided by the settlement of this action, Based upon thesc considerations. SNYDER and his
,
or Ihi~ am<lun!, appro.imalcly $470,.000.00 is allribUloble LO lh. class period in Ihe S~lIlcll1cnt.
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CASE :-10.' 98-9152 CA 25
counsel have concluded that it is in the hest interests of all parties and persons, including Chss
Members, 10 settle this ca.~e on the terms set forth herein.
CMB. while acknowledging tlle invalidity of the Fee, as determined in Collier Co;a;ty,
does not believe a refund is warranted as set fOl1h in its aftimlative defenses. and relying on Ihe
provisions of this Stipulation that the Settlement shall in no event be construed or deemed to be:
evidence, or an admission, or a concession on the part of CMB to the cOnlrary, and whhom
conceding any infirmity in the defenses it has asserted against the claims of SNYDER and ,hc
. .
Class, consillers it desirable that the case be disposed of on the terms set forth herein in order
10 avoid further expense and to disposc of burdensome and protracted litigation.
NOW THEREFORE, in consideration of the mutual covenallts and conditions set forth
herein. it is hereby stipulated and agreed, by and amDng the Parties, through their respectivc ;..nd
untlersigned counsel, and subject to all Df the terms and conditions set forth herein and the
approval of the Coun pursuant to Rule 1.220(e), Florida Rules of Civil Procedure. that this c:I.se
be compromised and settled as follows:
TE~'\1S OF SETTLEMENT
I. Definitions:
In addition to terms defined elsewhere in this Stipulation, the following temls, whcn u.,ed
.. 4.. .
herein shall have the meanings specified below:
A. "Claims. means any and all actions, causes of action, suits, debts, sums of
money, accounts, accounting, contracts, controversies, agreements, promises, damarc:;,
obligations, liabilities, judgmeuts, executions, claims, demands, and disputes whatever in !:tw,
cquity, or any other form, whether known or prcsently unknown, foresecn or prcsclltly
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C,\SF. 1'0.: 98.91 52 c.~ 25
unforsc
lr non-contingent, marurcd or not yet Olarured, accrued or no: yer
accrued
1ccaled, and ripe or urn-ipe. As used herein, "Claims" jnclutl~ but ar~
notlimi
negligence, gross negJigencc, professional negligence, breach of a dUly
of carc
.ty of loyalty, breach of a fiduciary duty, fraud, hreach of contract.
rl:funds
rsements, reputation, or amicipatory repudiation of conlract. (hrealencd
breach (
ference with contract, recision, money had and received, ncgligenr or
intcntioJ
tion, and violations of any state, federal, common, othcr govc'rnmcntJl,
law, slit
ulation, including claims for aiding and abetting any of the fon:go;ng .,
any of the foregoing, 5!..33 I~
undO means that fund created by CMB in the amount of $385,000.00. 4--
or consr
F
The "Cl:
imd of money to be refunded to the Class representing a portion of the
total fur
n the Class Members based on assessment of the Pee. The "CI,lims
Fund" v.
ed and distributed by CMB as provided in Section II herein.
(
:ans all owners of a "Unit" as defined in Seclions 1.4B-5 of Ordinancc
No. 89-:;
l[ Miami Beach and the Miami Beach City Code, who p;liJ the Interim
General
icrvices Fee cstablished in Chapter 14B of the Miami Beach City Code
within C
nitations periDd from April 28, 1994 through termination of the
Proprict2
by the City of Miami Beach.
D
I1lsel" means the law tirms of Robles & Gonzalez, P.A., Ervin A.
Gonzalez
:1 & Langbein, P.A. ami Kwitney, Kroop & SChcinherg, P.A.
E
nbers" or "Members of the Class" means all Membcrs of the Cla"s.
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CASE NO.: 98-9152 c.~ 25
unforseen, contingent or non-contingent, maturcd or not yet matured, accrued or nor yet
accrued, apparent or concealed, and ripe or urn-ipe. As used herein, "Claims" inclutl~ but ilr~
not limitcd to claims for negligence, gross negligence, professional negligence, breach of a dULy
of care, hreach ot' a duty of loyalty, breach of a fiduciary duty, fraud, hreach of conlr<!ct.
rdllnds, n::b:lles, reimburscments, reputation, Dr anticipatory repudiation of conlract. threatened
breach of contract, interference with contract, recision. money had and rcccived, ncgligcm or
intentional misrepresentation, and violations of any Slate, federal, common, othcr gowfIlmcJl[Jl,
law, statute, rule, or regulation, including claims for aiding and abetting any of the foregoing %
or conspiring to commit any of the foregoing. 5/. 33 '4
B. "Claims Fund" means that fund created by CMB in the amollnt of $385,000.00. ~
i,
l€.
N)
The "Claims Fund" is a fund of money to be refunded to the Class representing a portion of the
total funds collected from Ihe Class Members based OIl assessment of the Fee. The "C!;lims
Fund" will be administered and distributed by CMB as provided in Section II herein.
C, "Cla~s" means all owners of a "Unit" as defined in Sections 14B-5 of Ordinancc
No. 89-2669 of the City of Miami Beach and the Miami Bcach City Code, who [',lid the Interim
General and Proprictary Services Fce established in Chapter 14B of the Miami Beach City Cndc
within the applicable limitations period from April 28, 1994 through lenninalion of the
Proprietary Services Fee by the City of Miami Beach.
D. "Class Counsel" means the law firms of Robles & Gonzalt:z, P.A., Ervin A.
Gonzalez, P.A., Langbein & Langbein, P.A. aml Kwitney, Kroop & Scheinherg, P.A.
E. "Class Members" or "Members of the Class" means all Membcrs of the CIJ.<:s.
5
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CASE NO.: 98-9152 CA 25
F. "Class Notice" means the Notice of Class Ccrtification, Proposed Settlement ;;nd
Hearing, substantially in the form annexed as Exhibit "A" hereto. as approvcd by the Coun.
G. "Class Period" means the period from April 28, 1994 through and including ,he
daLe the Fee was last collected by CMB.
H. "CMB" means the CITY OF MIAMI BEACH, its agencies and subdivisions.
I. "Code" means the Miami Beach City Code.
J. "Pee" or "Proprietary Services Fee" means the fee charged pursuant to Ordinailcc
No, 89-2669,
K. "Final Order" means an Order or Judgment of the Court as cntcred on the doc!cct
in this casc, which has not been reversed, stayed, modified, or amended, and as La which (i) IIlc
Lime to appeal or seck certiorari has expired and no appeal nor petitiDn for certiorari has bl:en
timcly filcd Dr (ii) any appeal or petition for certiorari !hat has been filed, has been resolvcd by
Lhe highest court to. which the ordcr or judgment was appealed or from which certiorari vIas
sougilt.
L. "Incentive Award" means the amount of 52,500.00 to be paid LO SNYDER for
his services as Plaintiff and Class Representative.
M. "Ordinance" means Ordinance No. 89-2669 of the City of Miami Beach,
N, "Plaintiff" or "Class Representative" means CLIFTON SNYDER.
O. "Released Persons" means CMB, its present and former principals, emploYl'cs,
insurers, rcinsurer, affiliates, associates, attorneys, accountants, auditors, advisers, predecessl.lrs,
successors, divisions, departments and each of their predecessors, successors, assigns, 'devisl~s,
n.:pn::scntatives, heirs, executors, and administrators.
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CASE NO.: 98-91 S2 CA 2S
P. "Settled Claims" means any and all claims of, by, or on behalf of SNYDER ;.nd
the Class against any of the Released Persons bascd on or rclatcd to the asscssmcnr ..nd
collection of the Fcc.
Q, "Settlement Effective Date" means the first day by which all of the following
cvcnt'\ have oecurrcd:
(i) The Court has enccred thc preliminary Order set fOL1h in paragraph W;
(ii) The Court has entcrcd thc Judgmcnt as set forth in paragr:lph IV; and
(iii) ,- The Judgmcnt has become a Fin.al Order as defined in paragraph l([{).
R. 'SNYDER" means the Plaintiff, CLIFTON SNYDER
S. "Unit" means Unit as dcfined in. scctions 14B-5 of the Ordinance and Code.
n. Settlement Consideration:
The consideration for the Settlement shall be as follows:
A. Compensation to the Class shall consist of disbursement and distribution of lhe
Claims Fund. Such disbursement and distribution shall be implemented as set forth herein bel,)w
and sha 1\ be paid to the Class thirty (30) days after thc Settlemcnt Effective Date.
B. The Class members shall be compensated, through disbursement and distrihution
from the Claims Fund, to the extent of eighty (80%) per cent of the amount of the fee paid ~ :'\
/. a. /'~,r(JC. - J
each Class member, reduced b~ expenses attributable to costs of Class Notice. the Incentive
,. .y.
Awanl to the Class Representative, and costs and fees awarded to Class Counsel.
C. Thc Class Members will receive Class Notice, subst.1.ntially in the form annexeu
11l.:reto, as Exhibit" A", by publication in the Miami Herald and Sun Times once a week for four
(4) consecutive wceks. Thc Class Notice will contain a claim form ("Claim Form") substanrblly
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FAX NO. 21
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CASE SO.: 98-9152 (',\ 25
illlhc [annat annexed as Exhibit liB" herelo, as approved by the Court. In order to particip:Jtc
in this Sctllcmcnr, each Class Member must complete and rcturn a Claim form to the address
set furlh therein, no latcr than the date set forth therein. The Class Noticc will advisc e..ell
Class member of its right lO "Opl-Out" of the Class as set furth in Section THO) llcrcin :Jnd
pnwide a Notice of Exclusion ("Notice of Exclusion") substantially in the form annexed hereto
as Exhibit "C", as approvcd by thc Court. The Class Notice will specifically advisc cach CLlss
Member that his failure to return the Claim Form or Notice of Exclusion by the dale set I'orth
in llie Class Noticc'will preclude participation in the Claims Fund and Settlement.
D. All notices to the Class will be administered by CMB and all costs rdaled thcr.;to
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will be deducted from the Claims Fund after approval by the Court.
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Ill. The Preliminary Order
Promptly aftcr execution of this Stipulation, SNYDER and CMB shall submit Ihis
Stipulation to the Court and shaH jointly apply for the cntry of an Order (the "Prdimin lry
Order") including provisions:
A. Preliminarily approving the Senlemenc;
B. Adopting the prior Order of Class Certification;
C, Approving the form of Class Notice{s);
D. Directing that the Class Notice be published as sel forlh herein;
. .
,
E. Dirccting that affidavits be filed with the Court attesting to and confirming that
the Class Notice in facl has been published;
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CASE SO.: 98.9152 CA 25
F. Finding that the indicatcd method of the Class Notice constitutes the best nOlict:
to the Cla._s Members practicable under thc circumstances and that the Class Notice s;llislies (he
requirements of due process and Rule 1.220(d), Florida Rules of Civil Procedure;
G. Providing that, pending entry of a Final Order regarding fairness of rhe
Selllcrnent, neithcr SNYDER nor any Class Member (either direclly, in a representative
capaciLy, or in any other capacity) shall commence or continue against CMR or any Rcka,:ed
Person, any action or proceeding in any court or rribunal assening any of thes'~ Selllcd Claims
ami that all proceedings in the instant case are stayed, Dther th.ln such procecdings that ;Ire
rdated to the Settlement;
.
H. Scheduling a Fairness Hearing to be held by the Court no earlier than sixty ((,0)
.
days from first publication of the Class Notice to determine whether to:
(i) Enter an order approving the Settlement as fair, reasonahlc and adequ31 e;
(ii) Determining costs and expenses attributable to Class Notice;
(iii) Grant a fee and expense award to Class counsel; and
(iv) Approving the Incentive Award to SNYDER as Class Rcprcsenlative.
I. Providing that any objection to the Settlement shall be heard and papcrs suhmitted
in support of said objection shall be received and considered by thc Court at the fairness hearing
(unless, in its discretion, the Court shall direct otherwise) only if mailed thiny (30) days before
the fairness hcaring. Class Members making objections shall:
(i) File with the Clerk of the Court notice of their intention tu appear together
with copics of papcrs in support of thcir position, including a detailed statement of su(h person's
specific objcctions to any maner before the Court; and
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CASE NO.: 98.9152 CA 25
(ii) Serve by hand or by first class mail such notice and their pap<:rs 011 th,,:
Parries' rcspcctive counsel in accordance with the procedures set forth in the Class Noticc,
J. Providing any Member of the Class shall have the option of excluding himsdf.
herself, or itself from the Class hy mailing to counsel for SNYDER and CMB pursuant tu Ihe
inslnlclions set forth in the Class Notice, a timely and valid Notice of Exclusion from the Chss
("Request for Exclusion") postmarkcd no latcr than fifteen (15) days before the fairness hearing
,md providing further that any person who properly files a Notice of Exclusion shall not bi~ a
Member Df the Class and shall have no rights to the Settlement, shan not be deemed a parry to
this action, shan not be bound by the Judgment, and shall retain their rights, if any cxist. with
respect to the Settled Claims. In order to be valid, a Notice of Exclusion must he signed by Ihc
Class Member seeking exclusion and set forth the Class Member's following information: narne;
address; telephone number; and social security or other tax identification number; jfL
K. Providin,l1; that UDen the Settlement Effective Date, all Members of lhc Class Wh~
r
have not requested exclusion from the Class for themselves, their legal representatives, heirs,
SllccessOrs, predecessors, assigns and devisees, shall be barred forcver from asserting any Settled
i
Claim. and by operation of the Judgment, any such Class Member shall be conclusively deeu(cd
-
to hav\) fully, finally, and forever releascd CMB and all Released Persons from any and all slJch
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Settlecl Claims; and
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L. Providing that the Fairness Hearing, from time to time, and without furlhcr noticc
to the Class may be continued by Order of the Court.
IV. Final Order and Judgment
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Upon approval by the Court of the settlement contemplated by tillS Stipulation, an Order
ilnd Judgment (th~ "Judgment") shall be entered by lhe: Court which shall, among olher thjll~!s:
A. Approve Ihe settlement embodied in the Stipulation as fair, reasonable, ::nd
adequate to the Class;
ll. Confirm compliance with the notice provisions herein;
C, Effectuate r~lcases hy the Class to the R~lcased P~rsons by judicial dccrec;
D. Bar and permanently enjoin each Class Member from prosecuting the sctL!cJ
claims against the Released PersDns;
E, Dismiss the instant case in its entirety witI1 prejudice as hctween tile p;:;rtics
hereto;
F. Award Class counsel reasonable attorneys fees and reimbursement of expenses as
set forth herein;
G. Direct payment to SNYDER of the Incentive Award;
II. Direct payment for costs of the Class Notice; and
I. Reserve jurisdiction, without affecting the finality of the Judgment entered, over
(i) implementation of this settlement and any distribution of settlement consideration; (ii)
~ 4 I
enrorcing amI adminislering this Stipulation, including any releases in connection therewilh;~
(iii) other matters related or ancillary to the foregoing.
I
.
V. Release
Upon the Settlement Effective Date, SNYDER for himself, his legal represellrativ~s.
heirs, successors, predecessors, assigns. and devis~cs shall be deemed to have, and by operalion
of the Judf:ment shall have fully, finally, and forcver released, relinquished and dischargc::d imy
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CASE NO.: 98-9152 CA 25
ami all Settled Claims against CMB and all Released Persons. 111is release shall be limited to
those issut:s allt:ged in the instant case or which could have been alleged with respect to the
vaUditv of the Fee,
.
VI. Attorneys I"ees and Expenses
A. Counscl for SNYDER and the Class shall filed their Motion for Determination
of Atlomcys Fees and COSIS no later than thirty (30) days prior to the date of the Fairm:ss
Hearing. At the fllirness Hearing the Court shall determine and award fees and costs in
accordam;e with the factors enumerated in rule 4-1,5 of the Rules Regulating thc Florida Bar "l1d
applicablc casc law, and taking into consideration the contingency risk factor and the rCSlJ Its
obtaincd for the benefit of the Class, CMB shall pay the fees and costs awarded from the
~
Claims Fund within ten (10) business days of the Settlement Effective Date.
'*-
u..
-
VII. Termination
A. Subject to paragraph VIlI(B) bclDW, if the Settlement Effective Date docs 1Iot
occur, this Stipulation shall become void unless Class counsel and counsel for CMB otherwise
"gree in writing.
.
B. It shall not be the basis for termination of this Stipulation if the Judgmcnt cntercd
by lhe Court or as modified on appeal r~duces or eliminates the fee award payable to Chss
counsel.
C. In the event that the settlement is not approved by tht: Court or the Stipulation is
lcnnimlled or {ails to beeomt: effective in accordance with its terms, the Stipulation ami all
ncgotiatio/ls and proceedings relating hereto shall be without prejudice as to the rights ofParli.:s,
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FAX NO. 21
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CASli NO.: 98-9152 CA 25
and thcy shall proceed thereafter in all respects as if this Stipulation had not been executed ~1ll1
the relatcd Orders had not been entered, reserving in that event all of their rcspective claims and
defenses in the instant case. In such event, the tenns and provisiDns of the Stipulation shallll;,vc
no further force and effect with re~1'ect to SNYDER, CMB or Lhe Released Persons and sl>.111
not be used in the instant case or in any other proceeding for any purpose, and any Judgm..:nt
or Ordcr entered by the Court in accordance with the tenns of the Stipulation shall be treat.:-d
as vacated, nunc pro tunc,
D, This Stipulation may not be modified or amended except in writing signed by Ihe
PH rLies or the respective counsel.
E. This Stipulation may he executed in one or more original, or photocopied
counterparts. All executed counterparts and each of them shall he deemed to be one and rhe
same instrument. A complete set of original eountcrparts shall be filed with the COUlt. ,
F. This Stipulation shaH he binding upon, and enure to the benefit of the successors,
assigns, devisees, e;l;ecutors, administrators, heirs and legal representatives or the parLies ,lI1d
the rc:lcased persons, provided, however, that no assignment by any party shall operate to reli<.:vc
such.
G. The COUlt shall retain jurisdiction with respect to implementation and enforcem~nt
of the tcrms of the Stipulation, and the Parties submit to thc exclusive jurisdiction of the COlin
for purposes of implementing and enforcing the settlement embodied in this Stipulation.
H. The Court rctains jurisdiction to cnforce the terms of this Agreement by me-.ms
of tiling a Motion, without the necessity of filing a new action. Attomcys fccs and costs sl.,all
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FAX NO. 21
p, 17
CASE NO.: 98.9152 CA 25
be awardeu to the prevailing paTty in any proceedings brought LO enforce the lemlS :lnd
provisions of this Agreement in whole or ill part, at the trial court and appellate court level.
Dated this c;;?~day of UIr'b-/
Dated this
" .-,
1/1
-<' .-J.-'
i
,/ .
day of
,2000.
c~~
.,
.2000.
. ,/
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f;:;: / '/h^" . L
.//1,. f1\ "/ r'-/"~'----
EVAN J. r]Ar4GBEIN. ESQ.
CO-COrTNSEL FOR PI.AINTlFF
Langbein & Langbein, P.A.
20801 Biscayne Blvd., Suite #506
Aventurn, Florida 33180
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JUN-12-00 MON 02:54 PM
FAX NO. 21
P. 18
CASE NO.: 98-9152 (;,\ 2S
DCllc:d this I" day of M.
,2000,
RICllARD KROOP, Q.
CO-COUNSEL FO PLAlNflFF
~~ooP & SCHEINBERG, P. .
800 West Avenue, Suite C-l
Miami Beach, Florida 33139
Dated this cJO day of (1!bb /
,2000.
-7-
..-
../- -
.-~/
/
:~
/
/.ER A. ONZALE', ESQ.
OUNSEL FOR PLAINTIFF
ROBLES & GONZALEZ, 1'.A.
ERVIN A. GONZALEZ, P.^-
One Bayfront Plaza, Suite 900
100 South Biscayne Blvd.
Miami. Florida 33131
IS
...
JUN-12-00 MON 02:54 PM
Dated this ":l..n day of
Dated this
';
~
~
~~T day of
FAX NO, 21
P. 19
CASF. NO,: 98-9152 CA 25
::$ ~,.E.",~
. 2000.
CITY OF MlAM1 BEJ\CH,
a municipality of the
State of Florida
~~
By:
Its:
.-
.:::.. e..>'\~l4oQ""L. 2000
, '
~
Officc of the City Attorney
COUNSEL FOR CMB
City of Miami Beach,
1700 Convention Center Drive
4th Floor
Miami Beach, l'lorida 33139
16
OFFICE OF THE CITY ATTORNEY
~~ t(JIdom; 71-
F
L
o
R
D
A
MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. 511 - D D
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: June 28, 2000
FROM: Murray H. Dubbin \J'IRf!r,..
City Attorney
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA APPROVING A STIPULATION OF
SETTLEMENT BETWEEN CLIFTON SNYDER V. THE CITY OF MIAMI
BEACH, A MUNICIPALITY OF THE STATE OF FLORIDA, AND
AUTHORIZING THE EXECUTION OF ANY NECESSARY
DOCUMENTS.
The above-referenced Ordinance is Resolution for consideration by the Mayor and City
Commission for first reading.
Date
1700 Convention Center Drive - Fourth Floor - Miam
Agenda Item ~ I e
0-2<6 --aD