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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-01256 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO TAKE ANY AND ALL APPROPRIATE CIVIL ACTIONS AGAINST
CONCORDE CRUISES, INC., ("LICENSEE")TO PROSECUTE, PROTECT AND
PRESERVE THE INTERESTS OF THE BAYFRONT PARK MANAGEMENT TRUST
("TRUST") INCLUDING, BUT NOT LIMITED TO, ANY ACTION AUTHORIZED BY
LAW OR IN EQUITY TO OBTAIN ANY RELIEF OR REMEDY FOR RECOVERY OF
DAMAGES SUSTAINED BY THE TRUST IN RELATION TO THE LICENSEE'S
BREACH OF A USE AGREEMENT EXECUTED ON JUNE 25, 1997, AND ITS
SUBSEQUENT AMENDMENTS.
WHEREAS, pursuant to Sections 38-102, 38-104 and 38-105, of the Code of the City of Miami,
Florida, as amended, and Resolution No. 94-204, adopted March 24, 1984, 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, on June 25, 1997, the Trust and the Concorde Cruises, Inc. ("Licensee"), executed an
Agreement in which the Licensee agreed to use the north dock at Bayfront Park for five years; and
WHEREAS, pursuant to the terms and conditions of said Agreement, the Licensee is in default for
payment; and
WHEREAS, pursuant to Resolution No. 05-060.1, adopted by the Trust November 7, 2005, the
Trust has requested that the City Attorney take all the steps necessary to pursue all legal remedies to
enforce the terms and condition of said 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 directed to take any and all appropriate civil actions against
Licensee to prosecute, protect and preserve the interests of the Trust including, but not limited to, any
action authorized by law or in equity to obtain any relief or remedy for recovery of damages sustained
by the Trust related to the Licensee's breach of a Use Agreement executed on June 25, 1997, and its
amendments.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {1 }
City of Miami Page 1 of 2 Printed On: 11/8/2005
File Number: 05-01256
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
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 Printed On: 11/8/2005