HomeMy WebLinkAboutR-03-0619J-03-502
5/22/03
RESOLUTION NO. 01, — 619
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO THE LEASE AGREEMENT BETWEEN THE
CITY OF MIAMI, GROVE HARBOUR MARINA AND
CARIBBEAN MARKETPLACE, LLC ("LESSEE"), DATED
MARCH 12, 1999, AS AMENDED, TO PROVIDE THAT
THE PAYMENT AND PERFORMANCE BOND BE PROVIDED
BY THE GENERAL CONTRACTOR(S), IN AN AMOUNT
ACCEPTABLE TO THE CITY WITH RESPECT TO THE
WORK TO BE PERFORMED BY THE GENERAL
CONTRACTOR(S), AND SUCH PERFORMANCE BONDS OF
THE SUBCONTRACTORS REQUIRED BY THE CITY, IN
LIEU OF THE LESSEE PROVIDING SAME AS
PRINCIPAL.
WHEREAS, the City of Miami ("City") entered into a lease
with Grove Harbour Marina and Caribbean Marketplace, LLC
("Lessee") dated March 12, 1999, as Amended ("Lease"), to lease
approximately 6.95 acres of upland and 6.6 acres of submerged
land in the Dinner Key area; and
WHEREAS, in accordance with Section 4.4 of the Lease, the
Lessee is required to provide, as security to the construction
'CITY COMMISSION
MEETMXG OF
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Resolution Pilo.
03- 619
of the leasehold improvements, a payment and performance bond or
letter of credit for 1000 of the construction costs; and
WHEREAS, Section 4.4 of the Lease provides that the Payment
and Performance Bond shall be issued by a company authorized to
do business in the State of Florida in an amount equal to 1000
of the cost of the Leasehold Improvements, plus professional
design fees related to the preparation of the construction
documents, for the respective phase of Leasehold Improvements,
naming the City as the owner/obligee and the Lessee as the
principal to guarantee payment and performance of Lessee's
Leasehold construction obligations; and
WHEREAS, the Lessee requested that the City accept a
payment and performance bond from its contractor;
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 if fully set forth in this Section.
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03- 619
Section 2. The City Manager is authorized!' to execute
an amendment, in a form acceptable to the City Attorney, to the
Lease Agreement between the City of Miami, Grove Harbour Marina
and Caribbean Marketplace, LLC ("Lessee"), dated March 12, 1999,
as amended, to provide that the payment and performance bond may
be provided by the general contractor(s), in an amount
acceptable to the City, with respect to the work to be performed
by the general contractor(s), and such performance bonds of the
subcontractors as shall be required by the City, in lieu of the
Lessee providing same as principal.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'
ii The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
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.
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PASSED AND ADOPTED this 22nd day of May , 2003.
ATTEST:
R PR CILLA A. THOMPSON
CITY CLERK
APPROVED AS T RM AND CORRECTNESS
'ANDRO VILARELLO
TY ATTORNEY
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