HomeMy WebLinkAboutR-12-0199City of Miami
Legislation
Resolution: R-12-0199
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00488 Final Action Date: 5/10/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY") AND GROVE KEY MARINA, INC., A
FLORIDA FOR PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF
CITY -OWNED REAL PROPERTY AND IMPROVEMENTS CONTAINING 5.24
ACRES OF UPLAND PROPERTY AND 0.47 ACRES OF SUBMERGED PROPERTY
LOCATED AT 3385 PAN AMERICAN DRIVE, MIAMI, FLORIDA, FOR THE
PURPOSE OF OPERATING AN EXISTING MARINA AND AN EXISTING OUTDOOR
CASUAL RESTAURANT WITH THE LICENSEE TO PAY TO THE CITY THE
GREATER OF A MINIMUM MONTHLY USE FEE OF FIFTY-THREE THOUSAND
TWO HUNDRED DOLLARS ($53,200), PLUS STATE OF FLORIDA USE TAX, IF
APPLICABLE, OR A PERCENTAGE OF GROSS SALES, WITH ADDITIONAL
TERMS AND CONDITIONS, AS MORE PARTICULARLY SET FORTH IN THE
AGREEMENT.
WHEREAS, the City of Miami, Florida ("City") owns certain property and the improvements
located at 3385 Pan American Drive, Miami, Florida ("Property"); and
WHEREAS, in 1973, pursuant to Resolution No. 73-136, the City Commission awarded the
bid for the lease of a waterfront marine facility to Grove Key Marina, Inc.; and
WHEREAS, in 1976, pursuant to Resolution No. 76-307, the City Commission authorized and
directed the City Manager to execute a lease agreement ("Lease") with Grove Key Marina, Inc.; and
WHEREAS, the Lease was entered into on April 1, 1976; and
WHEREAS, on January 31, 1977 an Addendum to the Lease was executed to add certain
terms and conditions, including but not limited to, the extension of the Lease term through June 30,
2009; and
WHEREAS, on July 7, 1982, the force majeure provision in the Lease was acknowledged,
extending the termination date for the Lease and sublease; and
WHEREAS, the Lease, as amended, will terminate on June 22, 2012; and
WHEREAS, the City has begun a competitive solicitation process for the use and occupancy
of the Leased premises; and
WHEREAS, the City and Grove Key Marina, Inc. (hereinafter referred to as the "Licensee")
desire to enter into a Revocable License Agreement ("Agreement") to continue uninterrupted revenue
to the City, uninterrupted service to the patrons of the waterfront marine facility and uninterrupted
City of Miami
Page 1 of 2 File Id: 12-00488 (Version: 2) Printed On: 11/9/2017
File Number: 12-00488 Enactment Number: R-12-0199
service to the patrons of the fueling services; and
WHEREAS, this Agreement permits only certain, enumerated, specific, listed permitted uses,
and does not permit anything further;
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 herein as fully set forth in this Section.
Section 2. The City Manager is authorized {1; to execute an Agreement, in substantially the
attached form, between the City and the Licensee, for the use of City -owned real property and
improvements containing approximately 5.24 acres of upland property and 0.47 acres of submerged
property located at 3385 Pan American Drive, Miami, Florida, for the purpose of operating an existing
marina and an existing outdoor casual restaurant with the Licensee to pay to the City the greater of a
minimum monthly use fee of Fifty -Three Thousand Two Hundred Dollars ($53,200), plus State of
Florida use tax, if applicable, or a percentage of gross sales, with additional terms and conditions, as
more particularly set forth in the Agreement.
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 File Id: 12-00488 (Version: 2) Printed On: 11/9/2017