Professional Documents
Culture Documents
CASE NO.:
Plaintiff,
vs.
Defendants.
_________________________________/
attorneys’ fees.
CASE NO.:
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
DEFENDANTS
5. Delucca Enterprises, Inc., is a Florida Corporation and the operator of the Melreese
7. J.J. Custom Golf, LLC, Bunkers, Inc., is a Florida Corporation with a principal
8. Charlie Delucca School of Golf, Inc., is a Florida Corporation with a principal place
10. Junior Golf Academy, LLC, is a Florida Corporation with a principal place of
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11. Delucca Services, Inc., is a Florida Corporation with a principal place of business
12. Tina’s Touch, Inc., is a Florida Corporation with a principal place of business in
13. Law Offices of Carlos M. Rodriguez, P.A., is a Florida Corporation with a principal
15. 3C Golf, LLC, is a Florida Corporation with a principal place of business in Miami-
17. Prestige Golf Performance Corp., is a Florida Corporation with a principal place of
18. Stern Learning, LLC, is a Florida Corporation with a principal place of business in
19. The City of Miami is the owner of land used as a public golf course with a street
20. This land is commonly referred to as Melreese Golf Course or Melreese County
Club.
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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
22. This PSA has been amended on numerous occasions. (All amendments to the PSA
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
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
26. This letter from the Director of DREAM sought specific documents and written
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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
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
City of Miami and were listed in an attachment to the August 6, 2018, letter.
30. The PSA and the covenant of good faith and fair dealing require that Delucca
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,
Enterprises, Inc.
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34. Each of the defendants listed in 6-20 supra used the premises and/or address 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
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
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.
40. The Defendants listed in paragraphs 6 through 20 have each used the real property
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
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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
45. Those Defendants obtained use of that property under circumstances with the
46. Retaining the benefit of the use of the property without paying fair value therefor
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,
Enterprises, Inc. to use the premises of Melreese Golf Course as their principal
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,
50. Based on these breaches, the City of Miami has been damaged in an amount that
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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.
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
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
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
D. Award damages to the City of Miami from Delucca Enterprises, Inc., for Breach of
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
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