HomeMy Public PortalAbout1999-87 Approving settlement between VKB and Miami-Dade County concerning VKB v.s. Metropolitan Dade Judicial CircuitRESOLUTION NO. 99-87
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
SETTLEMENT BETWEEN THE VILLAGE OF KEY
BISCAYNE AND MIAMI-DADE COUNTY, FLORIDA
CONCERNING THE PENDING LITIGATION OF VILLAGE
OF KEY BISCAYNE V.S. METROPOLITAN DADE COUNTY,
CASE NO. 95-23701 CA 01, IN THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
("LAWSUIT"); AUTHORIZING THE VILLAGE MANAGER
AND VILLAGE ATTORNEY TO PROVIDE FOR THE
DISMISSAL OF THE LAWSUIT IN ACCORDANCE WITH
TERMS OF THE SETTLEMENT; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the Village Council finds that the approval of the settlement of the Lawsuit in
accordance with the recommendation of the Village Attorney is in the best interests of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the settlement of the Lawsuit is hereby approved and the Village Manager
is hereby authorized to finalize and execute any settlement documents in substantial compliance with
the attached letter, upon approval by the Village Attorney as to form and legal sufficiency.
Section 2. That the Village Manager and Village Attorney are hereby authorized to take any
and all action necessary to fully implement the purposes of this Resolution.
Section 3. Effective Date. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 26th day of October 26 , 1999.
CONCHITA H. ALVAREZ, CMC, VILLAGE C
APPROVED AS TO FORM AND LEGAL SUFFIC
RICHARD JAY WEISS, VILLAGE ATTORNEY
103001\resolutions\settlement of calusa park litigation 103021 file
JOE I. RASCO, MAYOR
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, P.A.
ATTORNEYS AT LAW
JAMIE ALAN COLE
EDWARD G. GUEDES
STEPHEN J. HELFMAN
GILBERTO PASTORIZA
JOSEPH H. SEROTA
RICHARD JAY WEISS
DAVID M. WOLPIN
STEVEN W. ZELKOWITZ
LILLIAN ARANGO DE LA HOZ*
RICHARD A. ARONSKY
PATRICIA M. BALOYRA
ALISON S. BIELER
MITCHELL A. BIERMAN
NINA L. BONISKE
MITCHELL J. BURNSTEIN
ELAINE M. COHEN
MICHELLE M. GALLARDO
DOUGLAS R. GONZALES
JOHN R. HERIN, JR.
ROBERT W. HOLLAND
CHRISTOPHER F. KURTZ
PETER A. LICHTMAN
KAREN LIEBERMAN`
MARIE E. MATO
NANCY RUBIN*
GAIL D. SEROTA'
ARI C. SHAPIRO
JEFFREY P. SHEFFEL
DANIEL A. WEISS*
MIAMI-DADE OFFICE
2665 SOUTH BAYSHORE DRIVE
SUITE 420
MIAMI, FLORIDA 33133
TELEPHONE (305) 854-0800
TELECOPIER (305) 854-2323
WWW.WSH-FLALAW.COM
October 21, 1999
The Honorable Mayor and Members
of the Key Biscayne Village Council
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
Re: Village of Key Biscayne v. Dade County ("Crandon Park")
Case No. 95-023701 CA 01
Proposed Settlement
BROWARD OFFICE
1132 SOUTHEAST SECOND AVENUE
FORT LAUDERDALE, FLORIDA 33316
TELEPHONE (954) 763-4242
TELECOPIER (954) 764-7770
*OF COUNSEL
Dear Mayor and Village Councilmembers:
The proposed settlement between the Village and the County requires the Village to dismiss
its pending lawsuit with prejudice in exchange for the following changes/additions to the Crandon
Park Master Plan to be made at the County's expense:
1. There will be four unlighted "multi -purpose" courts at Calusa Park. These courts will
be usable for regulation tennis.
2. The recreation center at Calusa Park will be remodeled in the South Florida vernacular
style and will contain an open-air shelter along with restrooms and a storage closet for the sports
court equipment.
3. Calusa Park will maintain three picnic shelters.
The Honorable Mayor and
Village Councilmembers
October 21, 1999
Page 2
4. The existing tot lot will be modified with equipment designed in the South Florida
vernacular.
5. The existing lights on the baseball diamonds at Crandon Park will remain, up to and
including January 1, 2005.
The lawsuit would not be dismissed until these changes/additions have been finalized and
recorded by the County through a restrictive covenant.
Respectfully,
h H. Serota
JHS:jju
103.021
cc: Mr. C. Samuel Kissinger
Richard Jay Weiss, Esq.
WEISS SEROTA HELFMAN
PASTORIZA 8c GUEDES, P.A.