Loading...
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.