Miami Seaquarium to fight lease termination by Miami-Dade County – NBC 6 South Florida

The Miami Seaquarium is vowing to fight back after Miami-Dade County gave them notice it wants to terminate their lease early.

Miami-Dade County Mayor Daniella Levine Cava cited a “long and troubling history of violations” in a lease termination notice sent Thursday to the chief executive officer of The Dolphin Company, which owns the Seaquarium.

The company was told to vacate the property by April 21, according to the letter from the mayor’s office. The lease was originally set to be up in 2044.

The letter to terminate is just a letter, and the Seaquarium can either choose to accept it or fight it.

In a statement Friday, it appears they’ll be fighting it.

“This upcoming Monday, March 11, the tenant will deliver proof to the landlord that none of the defaults or violations occurred, have been cured, or are in the process of being cured during the period specified in the contract. Consequently, there are no grounds for lease termination, and the tenant will maintain possession and operation of the Miami Seaquarium for the remaining duration of the lease agreement, or until a court ruling dictates otherwise,” the Seaquarium’s statement read. “We are confident that upon receiving our response with proof of compliance, the landlord will honor the lease agreement and allow us to continue providing the best care to all species under our supervision, as we do in all other sister parks.”

The statement went on to say that Dolphin Company CEO Eduardo Albor appreciates “the strong support received from our staff and guests who enjoy Miami Seaquarium. We are highly confident that all animals will continue to receive top-notch care from the professional specialists at the Miami Seaquarium, as they have since day one under the Dolphin Company’s operation and will continue for the remaining duration of the lease.”

Levine Cava’s letter cited the welfare of the animals and the conditions of the park in reaching the decision to terminate the lease.

“The Seaquarium has a long and troubling history of repeated, continuous violations of their contractual obligations to keep the property in a good state of repair, maintain animal welfare in accordance with applicable laws and to comply with the lease,” Levine Cava said at a news conference Thursday. “Terminating the lease is the best path forward for the safety of the animals as well as the safety of residents and visitors.”

Miami-Dade County is ending the Miami Seaquarium’s lease and has ordered the company to leave the property next month. NBC6’s Amanda Plasencia reports

The letter said that between July 2022 and January 2023, United States Department of Agriculture’s Animal and Plant Health Inspection Service cited the Seaquarium 7 times for failing to maintain adequate facilities, another 7 times for inadequate veterinary care, 2 times for handling of animals, and 3 times for inadequate staff.

“This is a very well written letter, it points directly to the different issues that they’ve dealt with over the past couple of years so it looks like a strong case from the county but these are just allegations at this point and obviously they’ll hear back from the operator,” eviction attorney Chad Van Horn told NBC6.

The Dolphin Company said it has corrected all the USDA issues.

Van Horn said if the Seaquarium doesn’t accept, the county has to file a formal eviction notice and give both sides the opportunity to be heard in front of a judge.

“The government usually gets special protections. In this scenario since the government is the landlord they’re actually going to have to follow the same things that if you or I were the landlord would have to go through,” Van Horn said. “They have to provide notice which they just have, and give the opportunity for the other side to make arguments why they’re not in violation of the lease.”

Van Horn said once an eviction takes place, the landlord assumes responsibility for everything in the property, including the animals. But if the lease is terminated early and both parties agree, it’s up to the Dolphin Company to find them a new home.