HomeMy WebLinkAboutR-05-0203City of Miami
Legislation
Resolution: R-05-0203
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00198 Final Action Date: 3/24/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
ATTORNEY TO TAKE ANY AND ALL APPROPRIATE ACTIONS, IN LAW OR IN
EQUITY, TO PROSECUTE, PROTECT AND PRESERVE THE INTERESTS OF THE
BAYFRONT PARK MANAGEMENT TRUST ("TRUST") TO OBTAIN ANY RELIEF OR
REMEDY FOR RECOVERY OF DAMAGES SUSTAINED BY THE TRUST IN
RELATION TO BREACHES OF A REVOCABLE AGREEMENT EXECUTED ON OR
ABOUT NOVEMBER 26, 2002, BY UNIPRO GROUP, INC., A FLORIDA
CORPORATION.
WHEREAS, pursuant to Sections 38-102, 38-104 and 38-105, of the Code of the City of Miami
and Resolution No. 94-204, adopted March 24, 1994, Bayfront Park Management Trust ("Trust") is
authorized to manage Bayfront Park and Bicentennial Park, respectively, and enter into agreements
for the use thereof; and
WHEREAS, pursuant to Resolution No. 02-1109, adopted October 10, 2002, the Trust's Executive
Director was authorized to execute a revocable license agreement ("Agreement") with Unipro Group,
Inc., ("Unipro") to create the "Downtown Holiday Village" in and about Bayfront Park; and
WHEREAS, on November 26, 2002, the parties executed the Agreement in which Unipro agreed
to provide a "Downtown Holiday Village" during the winter holiday season for five years; and
WHEREAS, Unipro provided the "Downtown Holiday Village" in and around Bayfront Park for the
years 2002 and 2003; and
WHEREAS, during the 2004 winter season, Unipro did not provide a "Downtown Holiday Village"
in and around Bayfront Park or within City of Miami ("City"), but it conducted a "Holiday Village" in
Doral, Florida; and
WHEREAS, 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, Unipro advised the Trust in writing that it would not be
providing the "Downtown Holiday Village;" and
WHEREAS, the Trust has determined that the Unipro has defaulted upon the terms and
conditions of the Agreement; and
WHEREAS, the Trust has attempted to reach a settlement with Unipro to resolve its dispute, but
the parties were not able to reach an agreement; and
WHEREAS, the Trust has suffered damages as a result of Unipro's breaches of the Agreement
and wishes to obtain relief and/or to remedy its damages suffered as a result of said breaches; and
WHEREAS, pursuant to the Trust's Resolution No. 05-003.1, adopted January 31, 2005, the Trust
City of Miami
Page 1 of 2 File Id: 05-00198 (Version: 1) Printed On: 11/1/2016
File Number: 05-00198 Enactment Number: R-05-0203
requested that the City Attorney take all the steps necessary to enforce its rights pursuant to the
Agreement;
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 authorized to take any and all appropriate actions, in law
or in equity, to prosecute, protect and preserve the interests of the Trust to obtain any relief or remedy
for recovery of damages sustained by the Trust in relation to breaches of an Agreement executed on
or about November 26, 2002, by Unipro.
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: 05-00198 (Version: 1) Printed On: 11/1/2016