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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-lt 4. 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.