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HomeMy WebLinkAboutR-04-0465City of Miami Legislation Resolution: R-04-0465 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00756 Final Action Date: 7/8/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH RACEWORKS, LLC, FOR OUTSTANDING FINANCIAL OBLIGATIONS ASSOCIATED WITH GRAND PRIX AMERICAS, HELD ON SEPTEMBER 26-28, 2003. WHEREAS, the City of Miami ("City"), Bayfront Park Management Trust ("Trust"), and Raceworks, LLC ("Licensee") executed a Revocable License Agreement ("Agreement") on May 22, 2002, as amended, for Raceworks to conduct motor vehicle racing events in Downtown Miami; and WHEREAS, the Licensee was granted a permit, in accordance with Section 549.08, Florida Statutes ("Motor Sports Act"), to conduct the "Grand Prix Americas 2003 racing event in Downtown Miami on September 26-28, 2003; and WHEREAS, pursuant to the Agreement, the Licensee is required to remit to the City, payment for the Use Fee, Ticket Fee, and any other obligations incurred as a result of the event; and WHEREAS, the City has found the Licensee to be in default of the Agreement due to its failure to satisfy its outstanding financial obligations; and WHEREAS, the City and the Licensee wish to settle all outstanding financial obligations associated with the 2003 Race Event; and WHEREAS, as a result of the 2003 Race Event, Licensee owed the City $104,401.05 as payment for its use fee, ticket fees and other financial obligations; and WHEREAS, Licensee has agreed to forfeit its claim to payment by the City in the amount of $19,473.00, which was retained by the City as payment of police and fire surcharges, thereby reducing the amount owed to the City to $84,928.05; and WHEREAS, the Licensee has proposed to settle the outstanding debt for the amount of $33,971.22 in exchange for the City executing a Compromise, Settlement and Release Agreement ("Settlement Agreement"), which would release the Licensee from its financial obligations as a result of the 2003 Race Event. 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. City of Miami Page 1 of 2 File Id: 04-00756 (Version: 2) Printed On: 9/20/2016 File Number: 04-00756 Enactment Number: R-04-0465 Section 2. The City Manager is authorized{1} to execute a Settlement Agreement, in substantially the attached form, with the Licensee, for settlement of all financial obligations associated with the Grand Prix Americas event, held in Downtown Miami on September 26-28, 2003. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} 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: 04-00756 (Version: 2) Printed On: 9/20/2016