HomeMy WebLinkAboutSummary FormDate: 11/9/2006
AGENDA ITEM SUMMARY FORM
FILE ID: 0 C- Q A I S O
Requesting Department: Public Facilities
Commission Meeting Date: 12/14/2006 District Impacted: 3
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Resolution authorizin_ the Cit Attorne to take necessar action against Marti 'stic
Repertory Theater, Inc. for non-payment of use fees.
Purpose of Item:
.r.
cn
03
A Resolution directing the City Attorney to take all actions necessary or permitted against Marti Artistic
Repertory Theater, Inc. (Licensee) to protect, preserve and defend the interest of the City of Miami (City)
including, but not limited to, any action authorized by law or in equity to obtain any relief or to remedy any
losses or damages sustained by the City to the Licensee's breaches of a Revocable License Agreement executed
February 19, 2004.
Background Information: See attached
Budget Impact Analysis.
No Is this item related to revenue?
No Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No:
No Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
CIP N A
!f using or receiving capital funds
Grants
fj
Purchasing
Chief
,. ,
Final Approvals
(SIGN AND DATA)
Budget�"�
.fir -' •�i
Risk Manageme t
Dept. Director
City Manager
Paee 1 of 2
Subject: Resolution authorizing the City Attorney to take necessary action against Marti Artistic
Repertory Theater, Inc. for non-payment of use fees.
Background Information:
The City executed a Revocable License Agreement (Agreement) on February 19, 2004 with
Marti Artistic Repertory Theater, Inc., a not -for -profit organization (Licensee), for Licensee's use of
approximately 308 square feet of office space (Area) at the Manuel Artime Community Center
(Property). The Agreement provides that Licensee will pay a security deposit, monthly use fees, and
late fee for payments more than five (5) days past due and comply with terms and conditions of the
Agreement.
The City administration has met with Licensee on several different occasions to develop
payment plans with Licensee for payment of the fees due to the City for use of the Area. The Licensee
has consistently failed to pay according to the terms of the payment plans.
On July 24, 2006 the City Manager sent a Notice of Violation of the Agreement for the
arrearages then totaling $1,914.32. On September 19 2006, the City Manager sent a letter to Licensee
demanding that Licensee remove its property, vacate the Area, and surrender the property no later than
September 30, 2006. Licensee continues to use the space and has breached the Agreement, inter alia, by
failing to pay the City the amounts due under the Agreement, despite demands and failing to comply
with other terms and conditions under the Agreement, including vacating and surrendering use of the
Area.
As of November 5, 2006, the Licensee has failed to pay 14 months of use fees, totaling
$2,263.08.
Paae 2 of 2