HomeMy WebLinkAboutcover memoTO:
FROM: Ti
The Honorable Mayor and DATE:
Members of the City Commission
4111,
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Executive Director
RECOMMENDATION
February 18, 2005
SUBJECT: Resolution —
Directing the City Attorney
to take any and all
appropriate Civil Actions
against Unipro Group, Inc.
It is respectfully recommended that the Miami City Commission direct the City Attorney to take any
and all appropriate civil actions against Unipro Group, Inc.
BACKGROUND
On October 10, 2002, the Miami City Commission, by Resolution No. 02-1109, authorized the
Trust's Executive Director to execute a revocable license agreement ("Agreement") with Unipro
Group, Inc., ("Unipro") to create the "Downtown Holiday Village" event at Bayfront Park. Said
Agreement, in which Unipro agreed to provide a Downtown Holiday Village event during the
winter holiday season for five years, was executed on November 26, 2002. Unipro provided the
Downtown Holiday Village in and around Bayfront Park for the years 2002 and 2003; and
during the 2004 winter season, Unipro did not provide a Downtown Holiday Village event in and
around Bayfront Park or within the City of Miami, but it conducted a Holiday Village in Doral,
Florida. Unipro advised the Trust in writing that it would not be providing the Downtown
Holiday Village on October 11, 2004, forty-one days after the beginning of the use period and
twenty-four days prior to the event set-up date. To that end, the Bayfront Park Management
Trust had determined that Unipro has defaulted upon the terms and conditions of the agreement
and attempted to reach a settlement agreement with Unipro to resolve its dispute; however the
parties were not able to reach an agreement. The Bayfront Park Management Trust suffered
damages as a result of Unipro's breaches of the agreement and wishes to obtain relief and/or
remedy from the damages suffered as a result of said breaches. The Trust respectfully requests
through Resolution No. 05-003.1, adopted by the Trust on January 31, 2005, that the City
Attorney take all the steps necessary to enforce its rights pursuant to the contract.
TFS/vs