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HomeMy WebLinkAboutR-11-0077City of Miami Legislation Resolution: R-11-0077 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00046 Final Action Date: 3/2/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT, IN THE ATTACHED FORM, WITH SOUTH FLORIDA EQUITABLE FUND, LLC., 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 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, et al., 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 in the City of Miami; 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 the attached form, with SFEF, 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 of Miami, 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.{2} Footnotes: City of Miami Page 1 of 2 File Id: 11-00046 (Version: 2) Printed On: 9/28/2017 File Number: 11-00046 Enactment Number: R-11-0077 {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 Id: 11-00046 (Version: 2) Printed On: 9/28/2017