HomeMy WebLinkAboutLegislationFile Number: 15-01438
Qity of Miami
Legislation
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ACCESS EASEMENT
AND INDEMNIFICATION AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF
MIAMI ("CITY"), GROVE BAY INVESTMENT GROUP, LLC AND GROVE HARBOUR
MARINAAND CARIBBEAN MARKETPLACE, LLC, IN SUBSTANTIALLY THE
ATTACHED FORM, ALLOWING FOR AN EASEMENT TO USE, IMPROVE AND
RE -ALIGN CHARTHOUSE DRIVE, WITH ADDITIONAL TERMS AND CONDITIONS
AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT.
WHEREAS, the City of Miami ("City") is the owner in fee simple of the real property more
particularly described on Exhibit "A" ("City Tract"), attached to and made a part of the Access
Easement and Indemnification Agreement ("Agreement"); and
WHEREAS, the City and Grove Harbour Marina and Caribbean Marketplace, LLC ("Grove
Harbour") entered into that certain Lease Agreement, dated March 12, 1999 ("Grove Harbour Lease"),
and with respect to that portion of the City Tract described therein ("Grove Harbour Property"); and
WHEREAS, the City and Grove Bay Investment Group, LLC ("Grove Bay") entered into that certain
Lease Agreement, effective as of October 24, 2013 ("Grove Bay Lease"), with respect to that portion of
the City Tract described therein ("Grove Bay Property"); and
WHEREAS, the City entered into the tease Agreement with Grove Bay pursuant to that certain
Request for Proposal No. 12-13-001 - Lease of City -Owned Waterfront Property for Marina/Restaurant
Uses ("RFP"), which contemplated, among others things, that "the successful Proposer will share the
use of Charthouse Drive with [Grove Harbour]" and further contemplated modifications to the roadway
and the entering into of an "Access Easement" specifying the maintenance obligations of each of the
entities with respect to Charthouse Drive, consisting of the area identified on attached Exhibit "B"; and
WHEREAS, Grove Bay has submitted plans to the City that propose certain improvements to
Charthouse Drive, including a change to the alignment of Charthouse Drive; and
WHEREAS, the parties desire to memorialize the agreement reached with respect to the proposed
improvements and the use and maintenance of Charthouse Drive; and
WHEREAS, the City will derive substantial benefits from the development and operation of the
improvements contemplated by the Grove Bay Lease and based on the terms and conditions set forth
in this Agreement, the City has agreed to grant such easement, all as more particularly described
herein.
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
City of Miand Page 1 of 2 File Id: 15-01435 (Version: 1) Printed On: 1013012015
File Number: 15-01438
reference and incorporated as fully set forth in this Section.
Section 2, The City Manager is authorized {1} to execute the Agreement between the City, Grove
Bay and Grove Harbour, in substantially the attached form, allowing for an easement to use, improve
and re -align Charthouse Drive, 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)
APPROVED AS TO FORM AND CORRECTNESS:
VI TORIA OENDEZ
CITY ATTORNEY
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 (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 Miaari Page 2 of 2 File Id: 15-01435 (Mer°cion.: 1) Pr -hated On: 1013012015