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Legislation
Resolution: R-04-0809
City Hall
3500 Pan American
Drive
Miami, FL 33133
File Number: 04-01362 Final Action Date:12/9/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. FOUR (4),
IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LEASE AND
DEVELOPMENT AGREEMENT WITH GROVE HARBOUR MARINA AND
CARIBBEAN MARKETPLACE, LLC, PROVIDING AN EXTENSION OF THE DATE
FOR COMPLETION OF THE LEASEHOLD IMPROVEMENTS AT THE CITY -
OWNED PROPERTY LOCATED AT 2640 SOUTH BAYSHORE DRIVE, MIAMI,
FLORIDA, UNTIL APRIL 30, 2005.
WHEREAS, the City of Miami ("City") entered into a Lease and Development Agreement with
Grove Harbour Marina and Caribbean Marketplace, LLC ("Lessee") dated March 12, 1999, as
amended ("Lease"), for the leasing of approximately 6.95 acres of upland and 6.6 acres of submerged
land in the Dinner Key area; and
WHEREAS, in accordance with Section 4.5 of the Lease, the Lessee is required to complete the
construction of the leasehold improvements no later than eighteen (18) months from the date of
issuance of the building permit (which occurred on June 5, 2003); and
WHEREAS, the Lessee has experienced delays, beyond its reasonable control, in finding the
material for the exterior hangar panels that meet the approvals of the City's Historic Preservation
division and the Department of Building and Zoning and in securing approvals from the Miami -Dade
Water and Sewer Department, Miami -Dade County Department of Environmental Resource
Management and the State of Florida Department of Environmental Protection; and
WHEREAS, construction of the leasehold improvements was further interrupted by the numerous
hurricane threats this year; and
WHEREAS, for the aforesaid reasons the Lessee has requested an extension of the time for
completion of construction of the leasehold improvements until April 30, 2005;
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.
Section 2. The City Manager is authorized{1} to execute Amendment No. Four (4), in substantially
the attached form, to the Lease with the Lessee, to provide an extension of the date for completion of
the leasehold improvements at the City -owned property located at 2640 South Bayshore Drive, Miami,
Florida, until April 30, 2005.
City of Miami Page 1 of 2
Printed On: 3/23/20015
File Number: 04-01362 Enactment Number: R-04-0809
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{1} 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.
{2} 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.
City of Miami Page 2 of 2 Printed On: 3/23/2A05