HomeMy WebLinkAboutR-04-0036City of Miami
Legislation
Resolution: R-04-0036
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 03-0402 Final Action Date: 1/22/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY OR PERMITTED
AGAINST LATIN AMERICAN CAFETERIA ("CONTRACTOR") TO PROTECT,
PRESERVE AND DEFEND THE INTERESTS OF THE CITY OF MIAMI ("CITY")
INCLUDING BUT NOT LIMITED TO ANY ACTION AUTHORIZED BY LAW OR IN
EQUITY TO OBTAIN ANY RELIEF OR TO REMEDY ANY LOSSES OR DAMAGES
SUSTAINED BY THE CITY RELATED TO THE CONTRACTOR'S BREACHES OF
THE CONCESSION AGREEMENT APPROVED BY RESOLUTION NO. 98-138,
ADOPTED FEBRUARY 10, 1998.
WHEREAS, Resolution No. 98-138, adopted February 10, 1998, authorized the execution of a
Concession Agreement ("Concession Agreement") between the City of Miami ("City") and Catering
By David Lynn, Inc. ("Contractor") to provide concession services to the City's Orange Bowl
Stadium; and
WHEREAS, the Contractor has breached the Concession Agreement by, inter alia, failing to
pay the City amounts due under the Concession Agreement from November, 2002 through March,
2003, despite demand;
WHEREAS, pursuant to Resolution No. 03-624, adopted May 22, 2003, the City Manager was
authorized to terminate the Concession Agreement;
WHEREAS, the City has suffered damages as a result of Contractor's breaches of the
Concession Agreement, and wishes to obtain relief and/or to remedy its losses or damages
suffered as a result of said breaches;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Attorney is directed to take any and all actions, necessary or permitted,
against the Contractor to protect, preserve and defend the interests of the City, including but not
limited to any action authorized by law or in equity, to obtain any relief or to remedy any losses or
damages sustained related by the City related to the Contractor's breaches of the Concession
Agreement, approved by Resolution No. 98-138, adopted February 10, 1998.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
City of Miami
Page 1 of 2 File Id: 03-0402 (Version: 2) Printed On: 8/26/2016
File Number: 03-0402 Enactment Number: R-04-0036
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 03-0402 (Version: 2) Printed On: 8/26/2016