HomeMy WebLinkAbout2024-201-2275_-_Billboard_Settlement_Agreement_-_Adopted.docxRESOLUTION NO. 2024-201-2275
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, AUTHORIZING THE CITY ATTORNEY AND
CITY MANAGER TO ENTER INTO A SETTLEMENT
AGREEMENT, WITH METALONIS & PARTNERS LLC, M&P MG1
LLC AND DAVID METALONIS TO SETTLE THAT CERTAIN
CASE STYLED METALONIS & PARTNERS, LLC ETAL vs. CITY
OF MIAMI GARDENS, CASE NO. 1:23-CV-23574-RAR, HERETO
ATTACHED AS EXHIBIT “A”; AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, THAT CERTAIN BILLBOARD AGREEMENT,
HERETO ATTACHED AS EXHIBIT “B”; AUTHORIZING THE CITY
MANAGER AND CITY ATTORNEY TO TAKE ANY AND ALL
STEPS NECESSARY TO EFFECTUATE THE SETTLEMENT;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, prior to October 2018, the City’s Code prohibited the erection of new
billboards. On October 25, 2018 the City adopted Ordinance 2018-13-394 which
authorized a maximum of ten new billboards along two major corridors within the City
using the competitive solicitation process, and
WHEREAS, in accordance with the Ordinance, the City issued a Request for
Qualifications (‘RFQ”) to obtain solicitations for the license/ permits process of new
billboards, and
WHEREAS, Metalonis & Partners, LLC (“M&P”), Outdoor Media, Becker and
Dade Media submitted proposals and responses to the RFQ and all were determined to
be responsive to the RFQ, and
WHEREAS, subsequently it was determined M&P and Becker were not
responsive to the RFQ. M&P was deemed non-responsive and disqualified for failure to
include the required leases of the proposed billboard location, and
WHEREAS, after an unsuccessful challenge to the bid protest, M&P filed a lawsuit
challenging the validity of City Ordinance 2018-13-394 and its disqualification, and
WHEREAS, currently the M&P and the City of Miami Gardens have mutually
agreed to resolve the litigation to avoid the uncertainty and expense of future proceedings
in the action, and
WHEREAS, THE City Attorney and City Manager are recommending that City
Council authorize the City Manager to enter into the Settlement Agreement, hereto
attached as Exhibit “A”, and the Billboard Agreement, hereto attached as Exhibit “B” to
resolve all issues in litigation, and
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Resolution No. 2024-201-2275
WHEREAS, pursuant to the Settlement Agreement, M&P may construct two (2)
billboard sign structures on the Turnpike at agreed on identified locations within the City
limits. Additionally, M&P agrees to pay the City a one- time upfront fee of $350,000
($175,000 per sign structure) to the City’s charitable organization, Friends of Miami
Gardens, Inc. and an annual fee of $150,000 ($75,000 per sign structure). M&P will further
make one flip of the billboard sign available for weather emergencies, amber alerts, public
service announcements and the like, and
WHEREAS, the Settlement Agreement proposes a change to the City’s Billboard
Ordinance as a term of the Settlement Agreement and come into compliance with the
current law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes the City Attorney and City Manager to execute a Settlement Agreement
with Metalonis & Partners LLC, M&P MG1 LLC and David Metalonis to settle that certain
case styled Metalonis & Partners, LLC et al vs. City Of Miami Gardens, Case No. 1:23-
CV-23574-RAR.
Section 3: The City Council of the City of Miami Gardens hereby authorizes the
City Manager and City Clerk to execute and attest, respectively, that certain Billboard
Agreement with M&P MG1, LLC for the Construction of Outdoor Billboards. The City
Council further authorizes the City Attorney and City Manager to take all steps necessary
to effectuate the settlement.
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON NOVEMBER 13, 2024.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
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Resolution No. 2024-201-2275
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER AND SONJA KNIGHTON
DICKENS, CITY ATTORNEY
Moved by: Councilman Leon
Seconded by: Councilman Stephens
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Baskin Yes
Councilman Leon Yes
Councilwoman Powell Yes
Councilwoman Julien Yes
Councilman Stephens, III Yes
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