HomeMy WebLinkAboutR-12-0444City of Miami
Legislation
Resolution: R-12-0444
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01149 Final Action Date: 11/15/2012
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, LLC,
("LICENSEE"), FOR THE USE OF CITY -OWNED REAL PROPERTY AND
IMPROVEMENTS 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 FORTY-THREE
THOUSAND FIFTY DOLLARS PER MONTH ($43,050), 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, the City underwent a competitive solicitation process for the use and occupancy
of the Property, but upon City Commission review of the results, it did not make a selection; and
WHEREAS, pursuant to Resolution No. 12-0199, adopted May 10, 2012, the City Commission
authorized and directed the City Manager to execute a Revocable License Agreement with Grove Key
Marina, Inc. in order to continue uninterrupted revenue to the City, uninterrupted service to the
patrons of the waterfront marine facility and uninterrupted service to the patrons of the fueling
services while the City selected an operator to use and occupy said leased premises; and
WHEREAS, the Revocable License Agreement ("Agreement") will expire on December 31,
2012; and
WHEREAS, the City will begin a new competitive solicitation process for the use and
occupancy of the Property; and
WHEREAS, the City and Licensee desire to enter into a new Agreement to continue the
current operations; and
WHEREAS, the 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
City of Miami
Page 1 of 2 File Id: 12-01149 (Version: 1) Printed On: 12/13/2017
File Number: 12-01149 Enactment Number: R-12-0444
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized 1 } to execute a Agreement, in substantially
the attached form, between the City and the Licensee, for the use of City -owned real property and
improvements 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 Forty-three Thousand Fifty Dollars ($43,050) per month,
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: 12-01149 (Version: 1) Printed On: 12/13/2017