Authorizing and directing the city attorney to take any and all actions necessary, in law or in equity, to remove all entities unlawfully occupying or encroaching upon the city of miami's ("city") right-of-way generally located at 971 northwest 7th street, miami, florida, to enforce and protect the city's rights under the revocable license agreement dated may 6, 1999, and any amendments, modifications, or documents related thereto, and to seek all availa

AGENDA ITEM COVER PAGE File ID: #19321 Resolution Sponsored by: Commissioner Rolando Escalona A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY, IN LAW OR IN EQUITY, TO REMOVE ALL ENTITIES UNLAWFULLY OCCUPYING OR ENCROACHING UPON THE CITY OF MIAMI'S ("CITY") RIGHT-OF-WAY GENERALLY LOCATED AT 971 NORTHWEST 7TH STREET, MIAMI, FLORIDA, TO ENFORCE AND PROTECT THE CITY'S RIGHTS UNDER THE REVOCABLE LICENSE AGREEMENT DATED MAY 6, 1999, AND ANY AMENDMENTS, MODIFICATIONS, OR DOCUMENTS RELATED THERETO, AND TO SEEK ALL AVAILABLE RIGHTS AND REMEDIES, INCLUDING INJUNCTIVE RELIEF, MONETARY DAMAGES, ATTORNEY’S FEES, AND SUCH OTHER RELIEF AS MAY BE JUST AND PROPER IN CONNECTION WITH THE FOREGOING. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Legislation Resolution File Number: 19321 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY, IN LAW OR IN EQUITY, TO REMOVE ALL ENTITIES UNLAWFULLY OCCUPYING OR ENCROACHING UPON THE CITY OF MIAMI'S ("CITY") RIGHT-OF-WAY GENERALLY LOCATED AT 971 NORTHWEST 7TH STREET, MIAMI, FLORIDA, TO ENFORCE AND PROTECT THE CITY'S RIGHTS UNDER THE REVOCABLE LICENSE AGREEMENT DATED MAY 6, 1999, AND ANY AMENDMENTS, MODIFICATIONS, OR DOCUMENTS RELATED THERETO, AND TO SEEK ALL AVAILABLE RIGHTS AND REMEDIES, INCLUDING INJUNCTIVE RELIEF, MONETARY DAMAGES, ATTORNEY’S FEES, AND SUCH OTHER RELIEF AS MAY BE JUST AND PROPER IN CONNECTION WITH THE FOREGOING. WHEREAS, the City of Miami (“City”) entered into that certain Revocable License Agreement dated May 6, 1999 (the "License Agreement") with Anchor Marine of Miami, Inc. (the "Licensee") granting Licensee a limited, revocable right to use a portion of the City's public right- of-way generally located at 971 Northwest 7th Street, Miami, Florida, identified by Folio No. 01- 3135-000-0020 ("ROW") for the purposes specified therein; and WHEREAS, on or around August 17, 2023, the City lawfully terminated the License Agreement for cause pursuant to the terms thereof; and WHEREAS, notwithstanding the termination of the License Agreement, the Licensee and/or other persons or entities claiming through or under the Licensee, or otherwise occupying the ROW (collectively, "Occupants"), continue to operate on and occupy the ROW without any lawful authority, entitlement, or permission from the City; and WHEREAS, the City Commission has determined that it is in the best interest of the public health, safety, and welfare, and in the interest of protecting public property and public resources, to authorize the City Attorney to take all actions necessary to enforce the City's rights, seek appropriate relief, and remove unauthorized Occupants from the ROW; and

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 fully set forth in this Section. Section 2. The City Attorney is hereby authorized1 and directed to take any and all actions necessary, in law or in equity, to: (a) remove Occupants from the ROW, pursuant to any and all actions and other proceedings as may be available to compel their removal therefrom; (b) enforce and protect the City's rights under the License Agreement, dated May 6, 1999, and any amendments, modifications, or documents related thereto; (c) seek 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. all available rights and remedies, including without limitation injunctive relief, monetary damages, costs of suit, and attorneys' fees to the fullest extent permitted by law; and (d) take such other actions as the City Attorney deems necessary and appropriate to protect the City's interests and enforce the City's rights in connection with the foregoing. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: