HomeMy WebLinkAboutcover memoCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO :
FROM :
Honorable Mayor and Members
of th 'ty Commis
Joe la
City nager/Chief Administrator
DATE :
SUBJECT:
REFERENCES:
ENCLOSURES:
AUG 2 3 2004
FILE :
Resolution authorizing the City
Attorney to take necessary
action against Camille and
Sulette Merilus Foundation
City Commission Agenda
September 9, 2004
RECOMMENDATION
It is respectfully recommended that the City Commission approve the attached Resolution
directing the City Attorney to take all actions necessary or permitted against Camille & Sulette
Merilus Foundation for Haiti Development, Inc. (Licensee) to protect, preserve and defend the
interest 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 to the
Licensee's breaches of a Revocable License Agreement executed May 13, 2002.
BACKGROUND
The City executed a revocable license agreement (Agreement) with Camille and Sulette Merilus
Foundation for Haiti Development, Inc., a not -for -profit organization (Licensee), for Licensee's
use of approximately 1,000 square feet of office space (Area) at the Manuel Artime Community
Center (Property). The Agreement provides that Licensee will pay a security deposit, monthly
use fees, and late fee for payments more than five (5) days past due and to comply with terms and
conditions of the Agreement. The City Commission granted Licensee waivers for payment of
fees and costs pursuant to the Agreement until January 30, 2003. On February 1, 2003 Licensee
failed to pay the security deposit, monthly use fees, late fees and comply with other terms and
conditions of the Agreement.
Pursuant to Motion 03-1035, the City Commission directed the City administration to meet with
Licensee to develop a comprehensive plan with Licensee for payment of the fees due to the City
for use of the Area. The City administration has met with Licensee's representatives, but
Licensee has failed to pay for the use of the Area. On January 16, 2004 the City Manager sent a
Notice of Default of the Agreement for arrearages totaling $7,705.27. On February 12, 2004 the
City Manager sent a letter to Licensee demanding that Licensee remove its property, vacate the
Area, and surrender the property no later than March 8, 2004. Licensee continues to use the
space and has breached the Agreement, inter alia, by failing to pay the City the amounts due
under the Agreement, despite demands and failing to comply with other terms and conditions
under the Agreement, including vacating and surrendering use of the Area.
Honorable Mayor and Members
of the City Commission
Page 2
The City has suffered damages as a result of Licensee's breaches of the Agreement, and wishes to
obtain relief and/or remedy to its losses or damages suffered as a result of said breaches.
Financial Impact — the City has suffered a negative impact to the general fund in the
amount of $11,214.87 for the uncollected fees from the Merilus Foundation for the
period of February 2003 through August 2004.
JA: :PK:eb: Merilus Foundation termination at Manuel Artime
14 INSTRUCT ADMINISTRATION TO MEET WITH CAMILLE
ITEM 4 MERILUS AND FOUNDATION FOR HAITI DEVELOPMENT AND
M-03-1035 COME BACK IN 60 DAYS WITH COMPREHENSIVE PLAN AND
9-25-03 RECOMMENDATION REGARDING ISSUE OF WAIVER OF RENT
AT MANUEL ARTIME CENTER; ADMINISTRATION MEET WITH
ALL SOCIAL SERVICE AGENCIES THAT WORK OUT OF
MANUEL ARTIME CENTER AND HAVE THEM PROVIDE ONE
YEAR BUSINESS PLAN; ASK SAID AGENCIES TO PROVIDE
COVENANT NOT TO COME BACK TO COMMISSION FOR ONE-
YEAR REQUESTING WAIVER OF RENT FEES.