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
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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
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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
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