HomeMy WebLinkAboutR-22-0276City of Miami
Resolution R-22-0276
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12311 Final Action Date: 7/28/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE
LEASE AGREEMENT ("LEASE"), BETWEEN THE CITY OF MIAMI ("CITY")
AND GROVE BAY INVESTMENT GROUP, LLC ("GROVE BAY"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AMENDING THE LEASE TO
AUTHORIZE THE CONSTRUCTION OF TEMPORARY FOOD AND
BEVERAGE ESTABLISHMENTS AND RELATED PROVISIONAL
STRUCTURES (COLLECTIVELY, "PROVISIONAL STRUCTURES") WITHIN
THE LOCATION DESIGNATED FOR THE FORMAL RESTAURANT FOR A
MAXIMUM OF SEVEN (7) YEARS IN EXCHANGE FOR INCREASED
PERCENTAGE RENT APPLICABLE TO SUCH PROVISIONAL STRUCTURES;
ALSO REQUIRING THAT A CERTIFICATE OF OCCUPANCY OR
TEMPORARY CERTIFICATE OF OCCUPANCY FOR THE FORMAL
RESTAURANT IS OBTAINED WITHIN TWO YEARS AFTER THE 7 YEAR
TEMPORARY USE AUTHORIZATION PERIOD; WITH ADDITIONAL TERMS
AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE
AMENDMENT.
WHEREAS, the City of Miami ("City") is the owner of certain real property located at
3385 Pan American Drive, Miami, Florida 33133 ("Property"); and
WHEREAS, Grove Bay Investment Group, LLC ("Grove Bay") was awarded Request for
Proposal No. 12-13-001 - Lease of City -Owned Waterfront Property for Marina/Restaurant Uses
("RFP"); and
WHEREAS, pursuant to the RFP, the City and Grove Bay entered into that certain Lease
Agreement, effective as of October 24, 2013 ("Lease"), with respect to the Property; and
WHEREAS, the Lease provides that Grove Bay shall construct a Formal Restaurant on
a portion of the Property designated in Grove Bay's original proposal to the RFP and that the
percentage rent applicable to the Formal Restaurant shall equal five percent (5%) of gross
revenues therefrom; and
WHEREAS, Grove Bay has requested that the City permit the construction of temporary
food and beverage establishments and related provisional structures (collectively, "Provisional
Structures") at the location of the Formal Restaurant for a maximum of seven (7) years prior to
constructing the permanent Formal Restaurant ("Provisional Use Period"); and
WHEREAS, within 2 (two) years after the Provisional Use Period Grove Bay shall also
ensure that they obtain a Certificate of Occupancy or Temporary Certificate of Occupancy for
the formal dining restaurant; and
City of Miami Page 1 of 2 File ID: 12311 (Revision: B) Printed On: 6/16/2025
File ID: 12311 Enactment Number: R-22-0276
WHEREAS, Grove Bay has agreed to pay increased percentage rent for the Provisional
Structures as follows: five percent (5%) of gross revenues up to ten million ($10,000,000),
seven and one half percent (7.5%) of gross revenues between ten million ($10,000,000) and
fifteen million ($15,000,000), and ten percent (10%) of gross revenues exceeding fifteen million
($15,000,000) (collectively, "Provisional Percentage Rent");
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 to negotiate and execute an amendment to
the Lease, in a form acceptable to the City Attorney, amending the Lease to authorize the
construction of the Provisional Structures within the location designated for the Formal
Restaurant for Provisional Use Period, and within 2 (two) years after the Provisional Use Period
Grove Bay shall also obtain a Certificate of Occupancy or Temporary Certificate of Occupancy
for the formal dining restaurant in exchange for the Provisional Percentage Rent, with additional
terms and conditions as more particularly set forth in the Amendment.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ktor ey 8/29/2022
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 12311 (Revision: B) Printed on: 6/16/2025