HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 96-02150 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO TAKE ANY AND ALL APPROPRIATE CIVIL ACTION AGAINST
MARTI ARTISTIC REPERTORY THEATER, INC,. ("LICENSEE"), TO PROTECT,
PRESERVE AND DEFEND THE INTERESTS OF THE CITY OF MIAMI ("CITY"),
INCLUDING, BUT NOT LIMITED TO, ANY ACTION AUTHORIZED BY LAW OR IN
EQUITY, TO OBTAIN ANY RELIEF OR REMEDY FOR THE RECOVERY OF ANY
LOSSES OR DAMAGES SUSTAINED BY THE CITY, IN CONNECTION WITH THE
LICENSEE'S BREACH OF A REVOCABLE LICENSE AGREEMENT EXECUTED
FEBRUARY 19, 2004.
WHEREAS, Resolution No, 00-25, adopted Jai wary 13, 2000, established the rates for the use of
office space at Manuel Artime Theater and Community Center, located at 900 Southwest 1st Street,
Miami, Florida ("Property"), and authorized the City kilanager to execute revocable license agreements
for the use of the Property, in a form acceptable to the City Attorney; and
WHEREAS, on February 19, 2004, the City Manager executed a revocable license agreement
("Agreement") with the Marti Artistic Repertory Theater, inc., a Florida not -for -profit organization
("Licensee"), for the Licensee to use office space ("Area") located within the Property; and
WHEREAS, the Agreement provided that the Licensee would pay a security deposit, monthly use
fees, and late fees for payments that are rriore than five (5) days past due and comply with the terms
and conditions of the Agreement; and
WHEREAS, the Licensee has tailed to pay the monthly use fees, and failed to comply with
payment plans related thereto agreed to by the Licensee and the City administration; and
WHEREAS, on July 24, 2006, the City Manager sent the Licensee a Notice of Violation of the
Agreement for use fee arrearages then totaling $1,914.32; and
WHEREAS, on September 19, 2006, the City Manager sent a termination letter demanding that
the Licensee remove its property from aid vacate the Area, and surrender the Area no later than
September 30, 2006; and
WHEREAS, the Licensee continues to use the space and has breached the Agreement by failing
to pay the City amounts due under the Agreement and failing to comply with the terms and conditions
of the Agreement, including vacating and surrendering use of the Area; and
WHEREAS, the City has suffered damages as a result of the Licensee's breach of the Agreement,
and wishes to obtain relief and/or to remedy its losses or damages suffered as a result of said breach;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City afMiami Page 1 r.l'2 Printed On: 11/29/2006
File Number.: 06-0215O
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 action against
the Licensee to protect, preserve and defend the interests of the City, including, but not limited to, any
action authorized by law or in equity, to obtain arty relief or remedy for the recovery of any losses or
damages sustained by the City, in connection with the Licensee's breach of the Revocable License
Agreement executed February 19, 2004.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{1}
APPROVED AS TO FORM AND t;ORREC, i NESS:
JORGE
CITY A T• RNEY
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.
Clip of Miami Page 2 or 2 Printed On: 11/29/2006