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AGENDA ITEM SUMMARY FORM
FILE ID: //` Oa 4a
Date: 02/01/2011 ""`Requesting Department: Public Facilities/Asset Mgmt
Commission Meeting Date: 3/10/2011 District Impacted: 2
Type: x Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Law Department
Matter ID No.
11-2
Subject: Fourth Amendment to Lease Agreement between City of Miami and Biscayne Bay Restaurant
Corporation, d/b/a Rusty Pelican
Purpose of Item:
A Resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to
execute a Fourth Amendment to the Lease Agreement ("Fourth Amendment"), between the City of
Miami ("City" or "Lessor") and Biscayne Bay Restaurant Corporation d/b/a Rusty Pelican ("Lessee"),
for property located at 3201 Rickenbacker Causeway, Miami, Florida ("Property") to modify the legal
description of a portion of the submerged lands of Lessee to include submerged lands in Rickenbacker
Marina, Inc.'s ("Rickenbacker") submerged lease area in favor of Lesse, in order for Lessee to
complete its capital improvement requirement, approved in Amendment No. 3, with additional terms
and conditions as more particularly set forth in the Fourth Amendment.
Background Information:
See attached
Budget Impact Analysis
NO Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No.
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? /
Final Approvals
(SIGN AND DATE)
budget— N/A -
If using or receiving capital funds
Grants N/A Risk Management
Purchasing N/A
Dept. Director
City Manager
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Subject: Fourth Amendment to Lease Agreement between City of Miami and Biscayne Bay Restaurant
Corporation, d/b/a Rusty Pelican
Background Information:
The City of Miami ("City" or "Lessor") and Biscayne Bay Restaurant Corporation d/b/a Rusty
Pelican ("Lessee") obtained a new topographical survey of the Property for Lessee to proceed with
their capital improvements, which determined that a portion of the submerged lands needed are
located within Rickenbacker Marina. Inc.'s lease area. The City and Lessee are requesting a
modification of a portion of the legal description for the submerged lands to favor Lessee, in order for
Lessee to complete its capital improvements requirement approved in Amendment No. 3.
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