HomeMy WebLinkAboutR-04-0638City of Miami
Legislation
Resolution: R-04-0638
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00952 Final Action Date: 9/23/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY OR PERMITTED
AGAINST THE CAMILLE AND SULETTE MERILUS FOUNDATION FOR HAITI
DEVELOPMENT, INC. ("LICENSEE") 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 LICENSEE'S BREACHES OF A REVOCABLE LICENSE
AGREEMENT EXECUTED MAY 13, 2002.
WHEREAS, Resolution No. 00-25, adopted January 13, 2000, established the rates for use of
office spaces at Manuel Artime Theater and Community Center ("Property") and authorized the City
Manager to execute revocable license agreements for use of the Property, in a form acceptable to the
City Attorney; and
WHEREAS, on May 13, 2002, the City Manager executed a Revocable License Agreement
("Agreement") with the Camille and Sulette Merilus Foundation for Haiti Development, Inc., a Florida
not -for -profit organization ("Licensee"), for Licensee to use office space ("Area") located within the
Property; and
WHEREAS, the Agreement provided that the Licensee will pay a security deposit, monthly use
fees, and late fees for payments that are more than five (5) days past due and comply with the terms
and conditions of the Agreement; and
WHEREAS, the City Commission granted Licensee waivers for payment of the fees and costs
pursuant to the Agreement until January 30, 2003; and
WHEREAS, from February 1, 2003 to date, Licensee has failed to pay the security deposit, the
monthly use fees, late fees and comply with other terms and conditions of the Agreement; and
WHEREAS, pursuant to Motion No. 03-1035, adopted September 25, 2003, the City Commission
directed 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; and
WHEREAS, the City administration has met with Licensee's representatives, but Licensee has
failed to pay for use of the Area; and
WHEREAS, on January 16, 2004, the City Manager sent a Notice of Default of the Agreement for
arrearages totaling $7,705.27; and
WHEREAS, on February 12, 2004, the City Manager sent a letter to Licensee demanding that the
Licensee remove its property, vacate the Area, and surrender the property no later than
City of Miami
Page 1 of 2 File Id: 04-00952 (Version: 1) Printed On: 9/30/2016
File Number: 04-00952 Enactment Number: R-04-0638
March 8, 2004; and
WHEREAS, Licensee continues to use the space and has breached the Agreement by, inter
alia, failing to pay the City amounts due under the Agreement, despite demands, and failing to comply
with the terms and conditions of the Agreement, including vacating and surrendering use of the Area;
and
WHEREAS, the City has suffered damages as a result of Licensee's breaches of the
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 Licensee 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 by the City related to the Licensee's breaches of the Agreement
executed May 13, 2002.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{1}
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: 04-00952 (Version: 1) Printed On: 9/30/2016