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Legislation
Miami, FL 33133
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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 INTOA SETTLEMENT
AGREEMENT WITH SOUTH FLORIDA EQUITABLE FUND, LLC., ET AL.,
WITHOUT ADMISSION OF LIABILITY, IN FULLAND COMPLETE SETTLEMENT
OF ANY AND 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, now on appeal, 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; and
WHEREAS, the City Commission finds that the reduction of the removal requirements from a
two -to -one basis to a one-to-one basis as proposed in the attached Settlement Agreement is in the
best interest of the City, and that the reduction of the removal requirement will substantially advance
the declared public goals of reducing the number of billboards within the City's neighborhoods, and of
preventing the proliferation of illegally constructed billboards throughout the City;
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, in
substantially the attached form, 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. City of Miami, pending in the United States District
Court, Southern District of Florida, Case No. 10 -21032 -Civ -Ungaro.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor and Ordinance No. becoming effective.{2)
City of Miar d Page 1 of 2 File Id. 11-00329 (Version. 3) Printed On: 4/15/2011
File Number 11-00329
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY,,��
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 Miand Page 2 of 2 File Id: 11-00329 (Version: 3) Printed On: 4/15/2011