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2012-27977 Reso RESOLUTION NO.� 2012 -27977 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING AND ADOPTING THE SETTLEMENT BETWEEN FESTIVAL PRODUCTIONS MXT, LLC, AND THE CITY OF MIAMI BEACH IN THE AMOUNT OF $60,000.00, AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE SUCH ACTIONS AS ARE NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION THEREOF. WHEREAS, the Parties wish to fully and completely settle the litigation styled The City of Miami Beach, Florida v. Ultra Music Festival Corp., Case No. 11 -03908 CA 02 (the "Litigation ") pending in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida; and WHEREAS, on February 4, 2011 the City commenced an action against an entity known as Ultra Music Festival Corp. relating to the collection of fines for the illegal distribution of handbills and flyers; and WHEREAS, the Litigation resulted in a judgment being entered against Ultra Music Festival Corp. in the amount of $147,562.51; and WHEREAS, the City has commenced efforts to engage in proceedings supplementary and to implead Ultra Enterprises, Inc. and Russell C. Faibisch in the Litigation; and WHEREAS, Festival Productions MXT, LLC ( "Festival "), as the entity responsible for the illegal distribution of handbills and flyers, and the City engaged in settlement discussions to resolve their differences, and have reached an agreement to resolve the litigation in the amount of $60,000.00, subject to approval by the City Commission; and WHEREAS, Festival and the City wish to avoid the expense, delay and uncertainty of the litigation process, and agree it is in their respective mutual best interest to resolve the litigation in the amount set forth above; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: That the City Commission hereby approves the Settlement between Festival Productions MXT, LLC and the City of Miami Beach, in the amount of $60,000.00, and authorizing the City Manager and City Attorney to take such actions as are necessary or 1 .2 797 7 s appropriate for the implementation thereof. This Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this day of J�� , 2012 Ma H. Bower, Mayor ATTEST: �1..••BF • * .INCORP ORATED. City Clerk APP AS T FORM & LANGUAGE & FOR fkk.urioN .� E't"iey - cite i I 2 i MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachf.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower Members of the City Commission Interim City Manager Kathie G. Brooks FROM: Jose Smith, City Attor e DATE: July 18, 2012 SUBJECT: Closed Attorney - Client Session Pursuant to §286.011, Florida Statutes, the City Attorney hereby advises the Mayor and City Commission that he desires advice concerning the following pending litigation matter: The City of Miami Beach, Florida vs. Ultra Music Festival Corp. Eleventh Judicial Circuit of Florida, General Jurisdiction, Case No.: 11 -03908 CA 02 Therefore, a private closed Attorney- Client Session will be held during the lunch recess of the City Commission meeting on July 18, 2012, in the City Manager's Large Conference Room, Fourth Floor, City Hall, to discuss settlement negotiations and /or strategy related to litigation expenditures with regard to the above - referenced litigation matters. The following individuals will be in attendance: Mayor Matti Herrera Bower; Members of the City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Edward Tobin, Deede Weithom and Jonah Wolfson; Interim City Manager Kathie G. Brooks, City Attorney Jose Smith, and First Assistant City Attorney Steven Rothstein. JS /SHR/mem I F:\ATTO \SMIJ\attorney client session\Attorney- Client Session- Ultra Music Festival 7- 18- 2012.doc Agenda Item 10 Date 7- If 885 I