HomeMy WebLinkAboutR-04-0726City of Miami
Legislation
Resolution: R-04-0726
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01224 Final Action Date: 11/18/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO TAKE ANY AND ALL APPROPRIATE CIVIL ACTIONS AGAINST
AMER HOLDING, A LIMITED LIABILITY COMPANY ("LESSOR") AND E.F. HUTTON
REALTY CORPORATION, ITS AGENT, TO PROSECUTE, PROTECT AND
PRESERVE THE INTERESTS OF THE CITY OF MIAMI ("CITY") INCLUDING, BUT
NOT LIMITED TO, ANY ACTION AUTHORIZED BY LAW OR IN EQUITY TO OBTAIN
POSSESSION OR ANY OTHER RELIEF OR REMEDY FOR RECOVERY OF
DAMAGES SUSTAINED BY THE CITY RELATED TO THE LESSOR'S BREACHES
OF A LEASE AGREEMENT EXECUTED ON OR ABOUT OCTOBER 4, 2004.
WHEREAS, on September 1, 2004, the management company of Amer Holding ("Lessor"), E.F.
Hutton Realty Corporation ("Management Company"), delivered to the City of Miami ("City") a Lease
Agreement signed by Lessor ("Agreement") between the City and Lessor, for the City's use of
approximately 1,000 square foot of office space at 4343 West Flagler Street, Miami, Florida
("Premises) for a new West Flagler Street Neighborhood Enhancement Team; and
WHEREAS, Lessor did not provide to City a corporate resolution authorizing the execution of the
Agreement despite requests by the City in its letter dated July 23, 2004; and
WHEREAS, on September 20, 2004, the City received a corporate resolution via facsimile from
the Management Company that authorized Lessor's signature and immediately proceeded to process
the Agreement for the City Manager's execution; and
WHEREAS, on October 4, 2004, the City Manager fully executed the Agreement and on
October 7, 2004, the City hand -delivered the Agreement to the Management Company to begin its
occupancy; and
WHEREAS, on October 12, 2004, the City received a letter dated October 11, 2004, via facsimile
from the Management Company stating that Lessor had leased the space to another party due to the
City's lack of performance in responding in a timely manner even though the Management Company
had failed to deliver a corporate resolution until September 20, 2004, which prevented the City from
taking possession of the Premises by September 1, 2004; and
WHEREAS, on October 13, 2004, the City Attorney's Office sent Lessor a certified letter which
was also hand -delivered requesting immediate possession of the Premises and advising Lessor that
should the City not be allowed to take immediate possession of the Premises, the City will pursue its
legal rights in law or in equity; and
WHEREAS, the City has suffered damages as a result of Lessor's breaches of the Agreement,
and wishes to obtain relief and/or to remedy its damages suffered as a result of said breaches;
City of Miami
Page 1 of 2 File Id: 04-01224 (Version: 1) Printed On: 10/14/2016
File Number: 04-01224 Enactment Number: R-04-0726
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 appropriate civil actions
against Lessor and the Management Company, its agent, to prosecute, protect and preserve the
interests of the City including, but not limited to, any action authorized by law or in equity to obtain
possession or any other relief or remedy for recovery of damages sustained by the City related to the
Lessor's breaches of a Lease Agreement executed on or about October 4, 2004.
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: 04-01224 (Version: 1) Printed On: 10/14/2016