The goal of Preserve Grove Isle is to provide to residents of Grove Isle and the public in general accurate and objective information related to the history of development and the legal issues related to proposed development of 4 Grove Isle. We have worked to provide accurate and detailed information to make certain that the issues before Grove Isle, Grove Isle Associates (the Developer) and the City of Miami are transparent. After all, “sunshine” is what makes Miami, and sunshine on these issues is good for the public interest.
To this end we have made available public documents, including contracts, filings, permits, and plans related to the proposed development of 4 Grove Isle. Some of these documents are very old, dating back into the 1970’s, whereas others are recent. These documents provide the legal basis for our claim that the Settlement Agreement of 1977, signed by the City of Miami, the then owner/developers and those from Coconut Grove who originally opposed the proposed plan of development of Sailboat Key on Fair Isle, limits further development of Grove Isle.
In summary, the documents show:
1] Grove Isle’s original development was complicated by legal and political action — the process took many years. The local community was in total opposition to the development and expressly the overdevelopment of an undeveloped island with its plan to build four 40 story towers with 2000 units and 1500 parking spaces.
2] The process resulted in a compromise that shaped the island as we see it now. After significant litigation, the Settlement of 1977 defined what would be allowed and the location of all of the elements, including the club on the eastern shore of the island.
3] Building permits were issued, three 18 story towers and one five story tower were built and certificates of occupancy issued—all within the constraints of the Settlement of 1977.
4] Sale of 4 Grove Isle in March 2013 and plan to build an 18 story residential tower on the site of the hotel/restaurant/club—after over 30 years without change on the island.
5] Weiss-Serota Memorandum of Law claiming the absence of vested rights to build an 18 story tower based on the Settlement of 1977 and the importance of current zoning law, Miami 21.
Document Viewing Instructions:
To Download A Document – Click Its Title or Right Mouse Click on the Document Image
Original plans for Sailboat Key: Four towers, 38 floors
Foundation permit (Aug 1977); other permits
Building permit for 18 story apartment building to Sun Bank of Bal Harbour (owner) and Martin Margulies (contractor) (Nov 1978)
Permits for signage (Jan 1979)
When Grove (Fair) Isle was proposed for development, there was a legal battle between the plaintiffs (folks from North Grove, etc) and the defendants (developers, financiers). An agreement was ultimately reached which allowed for the development of Fair Isle under the strict conditions defined. The City of Miami signed this agreement. This legal document was signed 11 January 1977.
These documents, dated 27 January 1981, provide the Offering Circular for the sale of condominiums on Grove Isle.
On 13 April 2013, shortly after transfer of the property, Greenberg Taurig, the law firm representing the Developer, presented a series of documents to the Planning Board, City of Miami, to facilitate review of the development proposal. This includes the changes in zoning over the decades, specifically comparing the Settlement Agreement and Miami 21 (current zoning law). These documents include the email of 13 February 2013 by the Deputy City Attorney that the Settlement Agreement of 1977 allows for “continuing applicability” to the proposed development. Lots of history—a fascinating read.
These are the architectural renderings, not for construction purposes, of the site plan for the 18 story tower. These were submitted to the City of Miami in October 2013.
Current mortgage of $20,000,000, signed 26 February 2013 and recorded on 28 February 2013.
Special warranty deed of 25 May 1975 for Trust No. 9-79121
History of convenances, liens, easements, etc. from 1977 to 2013
Weiss Serota, a law firm representing the Grove Isle Condo Association, prepared a Memorandum of Law based on a legal interpretation of development rights of 4 Grove Isle based on the 1977 Settlement Agreement. This was submitted to the City of Miami 7 Feb 2014. It is a response to the Grove Isle IV documents (above) submitted to the City.
The Grove Isle Condominium Association filed an action in 2009 arguing that the maintenance cost of Grove Isle for common use property (roads, causeway) and landscaping, including resources that support 4 Grove Isle (Hotel, Spa, Marina) should not be a financial burden to only the Grove Isle Condominium Association. A lower court dismissed the suit, but the appellate court (3rd Circuit Court) did not uphold the lower court decision and remanded the case back to the lower court with some guidance on where the appellate court believed the lower court erred in procedural matters and may have not reached the right conclusion. This is the legal document describing the Third Circuit Court decision.
An electronic folder (FTP site) with key Grove Isle documents has also been prepared to provide alternative access to key facts regarding Grove Isle .
The access to the site is available through by clicking this link or the image below.
Documents may be downloaded by clicking on their titles.
We welcome an additional information you may have regarding the development of Grove Isle.
If you have something share please contact us.