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HomeMy WebLinkAboutBack-Up DocumentsIN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: THE CITY OF MIAMI, Plaintiff, vs. DELUCCA ENTERPRISES, INC., DADE AMATEUR GOLF ASSOCIATION, INC., J.J. CUSTOM GOLF, LLC, BUNKERS, INC., CHARLIE DELUCCA SCHOOL OF GOLF, INC., FLORIDA FOOTGOLF ASSOCIATION, INC., JUNIOR GOLF ACADEMY, LLC, DELUCCA SERVICES, INC., TINA' S TOUCH, INC., LAW OFFICES OF CARLOS M. RODRIGUEZ, P.A., DELUCCA MINI - SOCCER MANAGEMENT, LLC, 3C GOLF, LLC, 3MGA63 LLC, PRESTIGE GOLF PERFORMANCE CORP., AND STERN LEARNING, LLC, Defendants. COMPLAINT The City of Miami sues defendants and states: JURISDICTION AND VENUE 1. This is an action for injunction, ejectment, accounting, damages in excess of this Court's minimum jurisdictional amount of $15,000.00, exclusive of costs and attorneys' fees. CASE NO.: 2. Venue is appropriate in Miami -Dade County pursuant to Florida Statute § 47.011, as the Defendants are individuals or business entities located within Miami -Dade County. PLAINTIFF 3. The City is a municipal corporation incorporated under the laws of the State of Florida. 4. Authorization to file this suit has been granted by Resolution of the City Commission of the City of Miami. DEFENDANTS 5. Delucca Enterprises, Inc., is a Florida Corporation and the operator of the Melreese Golf Course with a principal place of business in Miami -Dade County Florida. 6. Dade Amateur Golf Association, Inc., is a Florida Corporation with a principal place of business in Miami -Dade County Florida. 7. J.J. Custom Golf, LLC, Bunkers, Inc., is a Florida Corporation with a principal place of business in Miami -Dade County Florida. 8. Charlie Delucca School of Golf, Inc., is a Florida Corporation with a principal place of business in Miami -Dade County Florida. 9. Florida Footgolf Association, Inc., is a Florida Corporation with a principal place of business in Miami -Dade County Florida. 10. Junior Golf Academy, LLC, is a Florida Corporation with a principal place of business in Miami -Dade County Florida. Page 2 of 9 1146548 CASE NO.: 11. Delucca Services, Inc., is a Florida Corporation with a principal place of business in Miami -Dade County Florida. 12. Tina's Touch, Inc., is a Florida Corporation with a principal place of business in Miami -Dade County Florida. 13. Law Offices of Carlos M. Rodriguez, P.A., is a Florida Corporation with a principal place of business in Miami -Dade County Florida. 14. Delucca Mini -Soccer Management, LLC, is a Florida Corporation with a principal place of business in Miami -Dade County Florida. 15. 3C Golf, LLC, is a Florida Corporation with a principal place of business in Miami - Dade County Florida. 16. 3MGA63 LLC, is a Florida Corporation with a principal place of business in Miami -Dade County Florida. 17. Prestige Golf Performance Corp., is a Florida Corporation with a principal place of business in Miami -Dade County Florida. 18. Stern Learning, LLC, is a Florida Corporation with a principal place of business in Miami -Dade County Florida. FACTS COMMON TO ALL COUNTS 19. The City of Miami is the owner of land used as a public golf course with a street address of 1802 NW 37 Avenue, Miami, Florida 33125. 20. This land is commonly referred to as Melreese Golf Course or Melreese County Club. Page 3 of 9 1146548 CASE NO.: 21. The facilities at Melreese Golf Course are operated pursuant to a Professional Services Agreement (PSA) entered into by the City of Miami as owner and Delucca Enterprises, Inc., as operator. (A copy of which is attached hereto as Exhibit 1.) 22. This PSA has been amended on numerous occasions. (All amendments to the PSA are attached hereto as Exhibit 2.) 23. As the operator of the facilities at Melreese Golf Course, Delucca Enterprises, Inc., was responsible for ensuring that the premises under the corporation's control were used exclusively for the purpose of a public golf course, pursuant to the City of Miami Code of Ordinances and accounting for all revenues to which the City of Miami was entitled. 24. As the operator of the facilities at Melreese Golf Course, Delucca Enterprises, Inc., does not have the authority to use the address or premises at Melreese Golf Course as the principal place of business for any business entity other than Delucca Enterprises, Inc. 25. On August 6, 2018, the Director of the Department of Real Estate and Asset Management (DREAM) sent a letter to legal counsel for Delucca Enterprises, Inc., addressing the discovery of numerous business entities which were using the City of Miami address of Melreese Golf Course as their principal place of business without consideration to or authorization of the City of Miami. (A copy of the August 6, 2018, letter is attached as Exhibit 3.) 26. This letter from the Director of DREAM sought specific documents and written responses on a per entity basis within fifteen (15) business days. Page 4 of 9 1146548 CASE NO.: 27. Delucca Enterprises, Inc., failed to provide any of the requested documents or written responses within the time requested and has still refused to provide the requested documents and written responses as of the date of this Complaint over eight months later. 28. Each of the defendants, other that Delucca Enterprises, Inc., were business entities that were at some point used the address and/or premises at Melreese Golf Course as their principal place of business without consideration to or authorization of the City of Miami and were listed in an attachment to the August 6, 2018, letter. 29. Those defendants are owned or controlled by relatives, friends, employees, business associates or attorneys of the principals of Delucca Enterprises, Inc. 30. The PSA and the covenant of good faith and fair dealing require that Delucca Enterprises, Inc., provide the requested documents and responses. 31. The information sought through those documents and responses is necessary to determine what damages and/or rent is due the City of Miami from these defendants. COUNT I ACCOUNTING AS TO DELUCCA ENTERPRISES, INC. 32. The City realleges and reaffirms the allegations in Paragraphs 5 through 33 of the Complaint. 33. All of the defendants listed in 6-20 supra are owned or controlled by relatives, friends, employees, business associates or attorneys of the principals of Delucca Enterprises, Inc. Page 5 of 9 1146548 CASE NO.: 34. Each of the defendants listed in 6-20 supra used the premises and/or address of Melreese Golf Course without compensation to or authorization of the City of Miami. 35. Such use has a monetary value depending on the exact use of the address and/or property. 36. An accounting from the City operator is necessary because the operator failed to disclose that the premises under their control pursuant to the PSA were being used by their relatives, friends, business associates and attorneys 37. Without obtaining an accounting from the operator of the Melreese Golf Course the City would be unable to ascertain the extent of the misuse of its property and would have no remedy at law to redress the injury, and Plaintiff City will suffer irreparable injury, loss, or damage unless relief is granted. COUNT II EJECTMENT AS TO THE DEFENDANTS LISTED IN PARAGRAPHS 6 THROUGH 20 38. The City realleges and reaffirms the allegations in Paragraphs 5 through 33 of the Amended Complaint. 39. This is an action for ejectment. 40. The Defendants listed in paragraphs 6 through 20 have each used the real property of City of Miami known as Melreese Golf Course as their principal place of business. 41. None of these business entities had or have a legal right to use that address or those premises. 42. As a matter of law these business entities must be ejected from the premises since they have failed to voluntarily leave the premises after notification. Page 6 of 9 1146548 CASE NO.: COUNT III UNJUST ENRICHMENT AS TO THE DEFENDANTS LISTED IN PARAGRAPHS 6 THROUGH 20 43. The City realleges and reaffirms allegations in Paragraphs 5 through 33 of the Complaint. 44. The Defendants listed in paragraphs 6 through 20 have obtained the valuable use of City of Miami without any legal right to that property. 45. Those Defendants obtained use of that property under circumstances with the knowledge that their use was unauthorized by the City of Miami. 46. Retaining the benefit of the use of the property without paying fair value therefor would be inequitable and unjust. COUNT IV BREACH OF CONTRACT AS TO DELUCCA ENTERPRISES, INC. 47. The City realleges and reaffirms allegations in Paragraphs 5 through 33 of the Complaint. 48. Delucca Enterprises, Inc., violated the PSA by allowing numerous of the relatives, friends, employees, business associates and attorneys of the principals of Delucca Enterprises, Inc. to use the premises of Melreese Golf Course as their principal place of business without obtaining approval of or compensation for the City of Miami. 49. Delucca Enterprises, Inc., has further breached the PSA by failing to comply with the request for documents and written responses demanded in the August 6, 2018, letter from the Director of DREAM. 50. Based on these breaches, the City of Miami has been damaged in an amount that cannot yet be determined but is in excess of $15,000. Page 7 of 9 1146548 CASE NO.: 51. As a further result of the breaches, the City of Miami is entitled to terminate the PSA and demand that Delucca Enterprises, Inc., vacate the premises of Melreese Golf Course. WHEREFORE, the CITY OF MIAMI, a municipal corporation, respectfully requests that this Honorable Court: A. Order that Delucca Enterprises, Inc., provide a full and complete accounting to the City of Miami provided all documents and written responses sought in the August 6, 2018, letter from the Director of DREAM and all other documents and information relating to the unauthorized use of the address and/or premises of Melreese Golf Course. B. Enter an Order ejecting the Defendants listed in paragraphs 6 through 20 from the premises of Melreese Golf Course and enter an order precluding them from using those premises or that address for any purpose. C. Award damages to the City of Miami from the defendants listed in paragraphs 6 through 20 supra for the unauthorized used of the address and/or premises of Melreese Golf Course as Unjust Enrichment damages. D. Award damages to the City of Miami from Delucca Enterprises, Inc., for Breach of the PSA Contract. E. Award costs and determine and award reasonable attorneys' fees as an item of damages if applicable. F. Provide all such other supplemental, additional, coercive, and future relief deemed just and proper. Page 8 of 9 1146548 CASE NO.: VICTORIA MENDEZ, City Attorney HENRY J. HUNNEFELD, Senior Assistant City Attorney Attorneys for City of Miami 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Tel.: (305) 416-1800 Fax: (305) 416-1801 Email: hjhunnefeld@miamigov.com Secondary Email: mgriffin@miamigov.com By: }f e 1d y T. }- Henry J. Hunnefeld Florida Bar No. 343811 Page 9 of 9 1146548