Filing # 86140706 E-Filed 03/10/2019 04:48:48 PM.
IN THE CIRCUIT COURT OF THE
LITH JUDICIAL CIRCUIT OF
FLORIDA IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
GENERAL JURISDICTION
DIVISION
CASE NO: 2019-006750-CA-01
BRICKELL HOMEOWNERS ASSOCIATION, INC.,
a Florida non-profit corporation
and
CHRISTOPHER B. MULLIN, a citizen of the City
of Miami, Flo
Plaintiffs,
v,
CITY OF MIAMI, a Florida Municipal Corporation
Defendant.
PLAINTIFFS’ EMERGENCY MOTION FOR TEMPORARY INJUNCTION
Pursuant to Florida Rule of Civil Procedure Sec. 1.610, Plaintiffs BRICKELL HOMEOWNERS
ASSOCIATION, INC. and CHRISTOPHER B, MULLIN move this court to enter a temporary
injunction enjoining the Defendant City of Miami from utilizing the License Agreement (the
“License Agreement”) dated February 27, 2019 by and between the City of Miami and EVENT
ENTERTAINMENT GROUP, INC. (“ULTRA”) to make Virginia Key available to ULTRA.INTRODUCTION
1. On February 27, 2019 the City of Miami entered into the 33 page License Agreement in
order to allow ULTRA to conduct an annual three-day festival with an attendance of over
165,000 people’ on City of Miami owned Virginia Key, an environmentally sensitive barrier
island. The festival is scheduled to take place March 29, 30 and 31, 2019.
2. Section 29-B of the City of Miami Charter governs the lease of municipal property
Notwithstanding any provision to the contrary contained in this Charter or the
City Code, and except as provided below, the city commission is prohibited from
favorably considering any sale or lease of property owned by the city unless
there is a return to the city of fair market value under such proposed sale or lease
The city commission is also prohibited from favorably considering any sale or
lease of city-owned property unless
(a) there shall have been, prior to the date of the city commission's consideration
of such sale or lease, an advertisement soliciting proposals for said sale or lease
published in a daily newspaper of general paid circulation in the city, allowing
not less than ninety (90) days for the city's receipt of proposals from prospective
purchasers or lessees, said advertisement to be no less than one-fourth (%) page
and the headline in the advertisement to be in a type no smaller than 18-point
and,
(b) except as provided below, there shall have been at least three (3) written
proposals received from prospective purchasers or lessees; however, if there are
less than three (3) such proposals received and if the guaranteed return under the
proposal whose acceptance is being considered is equal to fair market value the
ity commission determines that the contemplated sale or lease will be in the
city’s best interest then, subject to the approval of a majority of the votes cast by
the electorate at a referendum, the sale or lease may be consummated.
3. Whether the License Agreement is a license, or is actually a lease subject to the
competitive bidding requirements of Section 29-B of the City of Miami Charter, is a matter of
law within the jurisdiction of this court.
See hitp:/relontlessbeats, com/2018/0'/ultra-music-festival-floods-miami-with-record-breaking-attendance/ and
www slatista.com/fatistics/441668/number-of-attendees-at-lt4. The Third DCA has provided straightforward guidance on determining whether an
arrangement constitutes a lease or a license, It is clear under that caselaw, including
Homestead-Miami Speedway, LLC v. City of Miami, 828 So.2d 411, 413 (Fla. 3d DCA 2002)
and Ryan v. Nat'l Marine Mfrs, Ass'n, 103 So, 3d 1001, 1004 (Fla. 3d DCA 2012), that the
License Agreement is not a license, but rather a lease.
5. Itis important to note that Plaintiffs are not asking the Court for an injunction preventing
ULTRA from conducting a concert on Virginia Key on the scheduled dates. Nor are Plaintiffs
asking the Court to force the City of Miami to competitively bid a lease with ULTRA under 29-
B of the City of Miami Charter. Rather, Plaintiffs are requesting the Court to enter a temporary
prohibitory injunction enjoining the City of Miami from utilizing the License Agreement in its
present form to make Virginia Key available to ULTRA.
6. Plaintiffs do not ask for this extraordinary equitable remedy lightly, but are compelled to
do so to preserve the status quo because the License Agreement is so clearly a lease and not a
license under established Florida law
7. Plaintiffs brought this suit as soon as the undersigned obtained a copy of the fully
executed License Agreement on March 4, 2019 pursuant to his Public Records Request 19-595
submitted to the City of Miami on February 27, 2019. There is ample time and nothing to
prevent the City from amending the License Agreement to comply with the clear guidance
provided by the Third DCA.