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Legislation
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Resolution
File Number: 11-00329
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT
AGREEMENT WITH SOUTH FLORIDA EQUITABLE FUND, LLC., ETAL.,
WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT
OF ANYAND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEY'S FEES AND
COSTS, AGAINST THE CITY OF MIAMI, IN THE CASE STYLED SOUTH FLORIDA
EQUITABLE FUND, LLC. VS. CITY OF MIAMI, PENDING IN THE UNITED STATES
DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.:
010 -21032 -CIV -UNGARO.
WHEREAS, South Florida Equitable Fund, LLC. ("SFEF"), and the City of Miami ("City"), are
engaged in litigation in the United States District Court, Southern District of Florida, Case No.:
10 -21032 -Civ -Ungaro, concerning SFEF's alleged inability to obtain a permit by settlement to erect
Outdoor Advertising Signs (billboards) in the City; and
WHEREAS, the City and SFEF have reached a complete settlement of the dispute,
memorialized in the attached Settlement Agreement, which authorizes SFEF to erect Outdoor
advertising signs, subject only to City Commission approval;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1) to enter into a Settlement Agreement with SFEF,
et al., without admission of liability, in full and complete settlement of any and all claims and demands,
including attorney's fees and costs, against the City, in the case of South Florida Equitable Fund, LLC.
--.-----v-C-ity-of Miami-pending-in-the-United-States-District-Court,-Southern-District-of-Florida,-Case-No:-1-0----------
21032-Civ-Ungaro.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.(2)
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU `
CITY ATTORNEY
City of Miami Page I of 2 File 1d: 11-00319 (Version: 1) Printed On: 41412011
File Number: 11-00329
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File /d: 11-00329 (version: Il Printed On: 4/4/2011