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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO :
ROM :
The Honorab -Mayor and
City Co ssioners
J6e lArriola
Manager
DATE :
SUBJECT:
REFERENCES:
ENCLOSURES:
October 22, 2004
Agenda Item For
November 18, 2004
FILE :
Department Requesting Agenda Item: Economic Development.
1. Subject:
Lease Agreement for the West Flagler Street Neighborhood Enhancement Team.
2. Purpose of item:
Resolution directing the City Attorney to take any and all actions necessary or
permitted against Amer Holding, a limited liability company ("Lessor") and E.F.
Hutton Realty Corporation, its agent, 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 Lessee to the Lessor's breaches of a Lease Agreement executed
October 4, 2004.
3. History of item:
On September 1, 2004, Lessor's management company, E.F. Hutton Realty
Corporation, delivered to the City a lease agreement ("Agreement") signed by
Lessor, between the City and Amer Holding, a Florida limited liability company
("Lessor"), for the City's use of approximately 1,000 SF of office space at 4343
West Flagler Street, Miami, Florida ("Premises") for a new West Flagler Street
Neighborhood Enhancement Team. The Agreement that was delivered did not
include a corporate resolution authorizing said signature, which resolution was
requested by the City in its letter dated July 23, 2004. The Agreement provided,
among other things, that the City would occupy the space on the possession date
but not later than September 1, 2004. On September 20, 2004, Lessor's
management company delivered via facsimile the corporate resolution needed so
that the City Manager could execute the Agreement. The City Manager executed
the lease agreement on October 4, 2004 and the Agreement was hand -delivered to
Lessor's management company on October 7, 2004.
The Honorable Mayor and
City Commissioners
Page 2
On October 12, 2004, the City received a letter via facsimile dated October 11,
2004 from Lessor's management company stating that it had leased the Premises
to another party due to the City's lack of performance in responding in a timely
manner even though Lessor's management company failed to deliver a corporate
resolution until September 20, 2004, which prevented the City from taking
possession. On October 13, 2004, the City Attorney's Office sent a certified letter
to Lessor's management company requesting immediate possession of the
Premises and advising Lessor that if the City is not allowed to take immediate
possession of the Premises, the City will pursue its legal rights in law or in equity.
4. Does this item correlate with the CIP plan or Strategic Plan? If so, how?
No.
5. Does this item have any effect on residents within the City of Miami? If so, how?
Yes. It shall improve the quality of services that is needed to serve the
community.
6. Will this item impact any specific District? If so, which one?
Yes. District 4.
7. Does this item have any fiscal impact? (please provide dollar amount)
There is no financial impact to the general fund at this time.
Approved by: Director/ Chief Manager