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CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMO rDUM
TO: Mayor and Members of the
FROM: Alejandro Vilarello, Ci
DATE: January 5, 2004
RE: Proposed Resolu o or City Commission Meeting — January 22, 2004
Directing the City ttomey to take actions necessary against Catering By
David Lynn, Inc. to obtain relief or to remedy any losses or damages
sustained by the City related to Catering By David Lynn, Inc.'s breaches
of the Concession Agreement between the City Of Miami and Catering By
David Lynn, Inc. approved by City Commission Resolution No. 98-138.
(File No. 03-0402)
mmission
The attached proposed Resolution requests authorization to sue or to take any and all
actions, necessary or permitted, against Catering By David Lynn, Inc. to protect, preserve and
defend the interests of the City of Miami, including but not limited to any action authorized by
law or in equity, to obtain any relief or to remedy any losses or damages to the City of Miami.
Catering By David Lynn, Inc. formerly provided concession services to the City's Orange
Bowl Stadium pursuant to a Concession Agreement approved by City Commission Resolution
No. 98-138 ("Concession Agreement"). Catering By David Lynn, Inc. has breached the
Concession Agreement by, among other things, failing to pay the City in excess of $300,000 due
under the Concession Agreement from November, 2002 through March, 2003, despite demand.
The City Commission previously authorized the City Manager to terminate the
Concession Agreement by Resolution No. 03-624, adopted May 22, 2003, as a result of which a
new concessionaire, Boston Concessions, was selected through a formal RFP process and is
currently providing concession services to the Orange Bowl.
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Attachment(s)
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator