HomeMy WebLinkAboutexhibit - 1IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 01-14785 CA (32)
THE CITY OF MIAMI,
Plaintiff/Counter Defendant,
vs.
BENCH ADS AMERICA, INC.,
Defendant/Counter Plaintiff.
STIPULATION FOR SETTLEMENT
Plaintiff, CITY OF MIAMI (hereinafter, the "CITY") and Defendant, BENCH ADS
AMERICA, INC., a Florida corporation (hereinafter, "BENCH ADS") file their Stipulation for
Settlement, and agree as follows:
1. CITY is indebted to BENCH ADS in the amount of THREE HUNDRED ONE
THOUSAND SIXTEEN AND 00/100 ($301,016.00) DOLLARS, including costs, attorneys' fees
and accrued interest representing the sum agreed upon by the parties in full and final settlement
of this lawsuit, and calculated as described below (hereinafter, the "Settlement Sum").
2. CITY is additionally indebted to BENCH ADS in the amount of ONE HUNDRED
THOUSAND ($100,000.00) DOLLARS, currently being held in its Refundable Deposit Account
representing that certain cash bond posted by BENCH ADS.
3. CITY is additionally indebted to BENCH ADS in the amount of FIVE THOUSAND
($5,000.00) DOLLARS representing the initial security deposit posted pursuant to the original
contract between the parties.
4. On or before the fifteenth (15th) calendar day following the May 6, 2004 meeting of
the Miami City Commission, CITY shall deliver its check payable jointly to Smoler, Lerman,
Bente & Whitebook, P .A. Trust Account and BENCH ADS AMERICA, INC. in the amount of
ONE HUNDRED THOUSAND AND 00/100 ($100,000.00) DOLLARS representing the return
of the cash bond described in Paragraph Two (2) above.
5. On or before the fifteenth (15th) calendar day following the May 6, 2004 meeting of
the Miami City Commission, CITY shall deliver its check payable jointly to Smoler, Lerman,
Bente & Whitebook, P .A. Trust Account and BENCH ADS AMERICA, INC. in the amount of
FIVE THOUSAND AND 00/100 ($5,000.00) DOLLARS representing the return of the cash
bond described in Paragraph Three (3) above.
6. On or before the fifteenth (15th) calendar day following the May 6, 2004 meeting of
the Miami City Commission, CITY shall deliver its check payable jointly to Smoler, Lerman,
Bente & Whitebook, P .A. Trust Account and BENCH ADS AMERICA, INC. in the amount of
THREE HUNDRED ONE THOUSAND SIXTEEN AND 00/100 ($301,016.00) DOLLARS
representing full and final settlement proceeds due in the above -styled cause, calculated as
follows:
Agreed Settlement Amount:
Less: Outstanding Rent Due CITY
$395,000.00
93,984.00
Balance to BENCH ADS $301,016.00
7. Notwithstanding any other provision contained herein, prior to, and as a condition of
payment by CITY, BENCH ADS shall:
A. Remove all of its bus benches and associated debris from within the City
limits of the City of Miami and restore the sites to the condition existing prior
to the placement of the bus benches.
B. Cause the Writ of Garnishment filed by the City of North Miami Beach
against the City of Miami in the case of Bench Ads America, Inc. v. City of
North Miami Beach, Case No. 98-17455 CA 05 to be dismissed, or provide
written authorization to CITY to issue payment satisfactory to the City of
North Miami Beach and deduct the amount so paid from any amounts due
BENCH ADS.
C. Execute a general release in favor of CITY of all claims BENCH ADS may
have against CITY.
8. Upon the removal of all bus benches and debris from within the city limits of the City
of Miami and restoration of the sites to the condition existing prior to the placement of the bus
benches, all violations and fines which may have been assessed against BENCH ADS related to
bus benches shall be released and deemed satisfied in full.
9. That certain contract between the parties dated June 4, 1990, as amended by that
certain Letter of Understanding dated March 29,2001, all of which are attached to the Complaint
(hereinafter, the "Contract") is terminated.
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10. Upon execution of this Stipulation for Settlement, the parties shall apply to the Court
for an Order adopting this Stipulation for Settlement as an Order of the Court and furthermore
stating that this cause and any appeal thereon shall be dismissed with prejudice with each party
bearing their own attorneys' fees and costs. The Order shall furthermore reserve jurisdiction over
the parties and over the subject matter for the purpose of enforcing the terms of this Stipulation
for Settlement.
IN WITNESS WHEREOF, the parties hereto execute this Stipulation for Settlement this
day of May, 2004.
Witness:
BENCH ADS AMERICA, INC., a Florida
Corporation
"BENCH ADS"
By: By:
Eric Nadel, President
Print Name & Title
ATTEST:
THE CITY OF MIAMI, a municipal
corporation of the of the State of Florida
"CITY"
By: By:
Priscilla A. Thompson Joe Arriola
City Clerk City Manager
APPROVED AS TO FORM APPROVED AS TO INSURANCE
AND CORRECTNESS: REQUIREMENTS:
By: By:
Alejandro Vilarello Dania F. Carrillo, Administrator
City Attorney Risk Management
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ALEJANDRO VILARELLO, City Attorney
JAMES H. VILLACORTA, Assistant City Atty.
Attorneys for CITY OF MIAMI
Miami Riverside Center, Suite 966
444 S.W. 2nd Avenue
Miami, Florida 33130-1910
Telephone (305) 416-1800
By:
James H. Villacorta, Esq.
SMOLER, LERMAN, BENTE
& WHITEBOOK, P .A.
Attorneys for BENCH ADS
AMERICA, INC.
2611 Hollywood Boulevard
Hollywood, Florida 33020
Telephone (954) 922-2811
By:
Bruce J. Smoler, Esq.
Florida Bar No. 848824 Florida Bar No. 821918
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