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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-00266 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. FIVE (5),
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 SEPTEMBER 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, Amendment No. 4, dated December 23, 2004, authorized an extension of time for
completion of construction of the leasehold improvements until April 30, 2005; and
WHEREAS, the Lessee has experienced delays, beyond its reasonable control, with Florida Power
and Light in the relocation of the electrical facilities preventing the completion of the drainage system
and the boatyard facility; and
WHEREAS, for the aforesaid reasons the Lessee has requested an extension of the time for
completion of construction of the leasehold improvements until September 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. Five (5), 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 September 30, 2005.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
City of Miami Page 1 of 2 Printed On: 3/28/2005
File Number: 05-00266
APPROVED AS TO FORM AND CORRECTNESS:
JORG L L. F
CIT TO
RNANDEZ
VEY
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: 3/28/2005