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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-01362 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO TAKE ANY AND ALL APPROPRIATE CIVIL ACTIONS AGAINST
LATIN AMERICAN GOURMET RESTAURANT, INC. ("MANAGEMENT'), TO
PROSECUTE, PROTECT, AND PRESERVE THE INTERESTS OF THE CITY OF
MIAMI ("CITY") INCLUDING, BUT NOT LIMITED TO, ANY ACTION AUTHORIZED
AT LAW OR IN EQUITY TO OBTAIN POSSESSION OF CITY -OWNED
PROPERTY AND ANY RELIEF OR REMEDY FOR RECOVERY OF DAMAGES
SUSTAINED BY THE CITY RELATED TO MANAGEMENT'S BREACH OF THE
MANAGEMENT AGREEMENT DATED MAY 29, 1992, AS AMENDED.
WHEREAS, on May 29, 1992, the City manager executed a Management Agreement
("Agreement") between the City of Miami ("City") and Latin American Gourmet Restaurant, Inc.
("Management"), for the management, operation and maintenance of the Paul Walker Park food and
beverage concession ("Concession") on City -owned property located at 46 West Flagler Street, Miami,
Florida (the "Area"), for a period of 5-years with an option to renew for one additional 5-year period, for
a fee of $750, per month or 15% of monthly gross receipts, whichever was greater; and
WHEREAS, by various Resolutions and amendments to the Agreement, Management requested
and was approved several extensions to the Agreement for the opening date of the Concession to the
public; and
WHEREAS, on December 15, 2004, the City Manager sent a certified letter to Management,
providing that Management was in default of the Agreement for failure to pay past due monthly fees
through November 30, 2004, in the amount of $15,705.95, to the City and delinquent ad valorem taxes
through November 30, 2004, in the amount of $90,796.24, to Miami -Dade County and allowed
Management 30 days to cure said default; and
WHEREAS, on March 2, 2005, the City Manager sent a certified notice to surrender Area to
Management, due to Management's failure to make payment of past due monthly fees for the period
September 2003 through January 2005, in the amount of $19,463.45, to the City and delinquent ad
valorem taxes for the years of 2001 through 2003 in the amount of $93,945,02, to Miami -Dade County,
and demanded surrender of the Area within 30 days of said notice; and
WHEREAS, on May 20, 2005, pursuant to Management's request, the City Manager sent a
certified letter to Management granting a 90-day extension to surrender the Area subject to
Management's acknowledgement of the extension and vacating the Area no later than August 10,
2005 and Management would continue to be liable for outstanding ad valorem taxes and past due
monthly fees; and
WHEREAS, on August 15, 2005, pursuant to Management's request, the City Manager sent a
certified letter to Management granting an additional 90-day extension to surrender the Area subject to
Management's acknowledgement of the extension and vacating the Area no later than November 7,
City of Miami Page 1 of 2 Printed On: 11/8/2005
File Number: 05-01362
2005 and Management would continue to be liable for outstanding ad valorem taxes and past due
monthly fees; and
WHEREAS, on September 23, 2005, the City Manager sent a certified letter to Management, due
to Management's failure to acknowledge the additional 90-day extension to surrender the Area,
advised Management that the additional extension was null and void and demanded surrender of the
Area within 10 days of receipt, and Management would continue to be liable for outstanding ad
valorem taxes and past due monthly fees; and
WHEREAS, the City has suffered damages as a result of Management's breach of the
Agreement, and wishes to obtain possession of the Area and any relief or remedy available at law or in
equity;
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 and directed to take any and all appropriate
actions, to obtain possession of the Area and any relief or remedy to protect and preserve the interests
of the City, including, but not limited to, any action authorized at law or in equity, to recover damages
sustained by the City in relation to and in connection with Management's breach of the Agreement
executed May 29, 1992, as amended.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{1}
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.
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