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HomeMy WebLinkAboutR-02-1305J-02-1136 12/12/02 RESOLUTION NO. 02-1305 A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING, IN PRINCIPLE, THE GRANT OF A NON- EXCLUSIVE EASEMENT OR DEDICATION OF AN ENTRANCE ROAD TO BE DESIGNED, CONSTRUCTED AND MAINTAINED BY FLAGSTONE PROPERTIES, LLC, AT ITS SOLE COST, ON CITY -OWNED PROPERTY LOCATED ADJACENT TO THE MIXED-USE PROJECT BEING DEVELOPED BY FLAGSTONE ON A PORTION OF WATSON ISLAND, PROVIDED THAT THE LEGAL DESCRIPTION FOR THE SUBJECT PARCEL OF THE DEDICATION OR GRANT IS ACCEPTABLE TO THE CITY AND FURTHER PROVIDED THAT ANY ENTITY HOLDING AN INTEREST IN THE PARCEL, INCLUDING BUT NOT LIMITED TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY AND/OR THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, AUTHORIZE AND APPROVE THE DESIGNATED AREA OF SUCH GRANT OR DEDICATION; FURTHER DIRECTING THE CITY MANAGER PRESENT THE GRANT OF NON- EXCLUSIVE EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CITY COMMISSION FOR ITS CONSIDERATION. WHEREAS, on December 12, 2002, the Miami City Commission approved an Agreement to Enter Into Ground Lease (the "Development Agreement") with Flagstone Properties, LLC ("Flagstone") for the development of a mixed use project on a portion of Watson Island (the "Leased Property") to be known as Island Gardens (the "Project"); and ;CITY CODWSSION MEETING OF DEC 1 2 2002 R"olution No. 2-1305 WHEREAS, the Development Agreement includes, as an exhibit, the Ground Lease between the City of Miami (the "City") and Flagstone; and WHEREAS, Paragraph 1.14 of the Development and Construction Rider attached to the Ground Lease (the "Entrance Road Rider") provides for the design, construction and maintenance by Flagstone, at its sole cost, of a certain entrance roadway (the "Entrance Road") to be developed along the southern edge of the Leased Property from the public right of way joining onto, and configured in such a way as tot provide access to, the southwest portion of the Leased Property; and WHEREAS, the Entrance Road will be developed on property owned by the City, including a small portion which is leased to the Miami Sports and Exhibition Authority ("MSEA"); and WHEREAS, Flagstone has agreed that they will utilize the Entrance Road exclusively for emergency vehicles, security, servicing and maintenance of the marina and adjacent pedestrian plaza of the Project; and WHEREAS, the Entrance Road Rider provides that, upon completion of construction of the Entrance Road by Flagstone, Page 2 of 5 02-x305 the City shall either (i) cause such Entrance Road to be dedicated (by deed of conveyance) for the perpetual use of the public (the "Dedication,,); or (ii) grant to Flagstone a non- exclusive easement for the lease term (the "Easement"); and WHEREAS, the legal description of the Entrance Road has not as yet been prepared to be attached to the Entrance Road Rider as an exhibit; and WHEREAS, the City may need to obtain approval from MSEA and/or other parties for the granting of the non-exclusive Easement or the Dedication of the Entrance Road; and WHEREAS, the City Commission desires to confirm its intent to either grant the Easement or make the Dedication; 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. Page 3 of 5 02 - 1305 Section 2. The City Commission accepts, in principle, the grant of a non-exclusive easement or dedication of an entrance road to be designed, constructed and maintained by Flagstone Properties, LLC, at its sole cost, on City -owned property located adjacent to the mixed-use project being developed by Flagstone on a portion of Watson Island, provided that (1) the legal description for the subject parcel of the dedication or grant is acceptable to the City, (2) Flagstone shall utilize the Entrance Road exclusively for emergency vehicles, security, servicing and maintenance of the marina and adjacent pedestrian plaza areas of the Project; and (3) any entity holding an interest in the parcel, including, but not limited to, the Miami Sports and Exhibition Authority and/or the Greater Miami Convention and Visitors Bureau, shall authorize and approve the designated area of such grant or dedication. Section 3. The City Manager is directed!/ to present the grant of Non -Exclusive Easement, in a form acceptable to the City Commission for its consideration. 1� The herein direction 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. Page 4 of 5 02-1305 Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2/ PASSED AND ADOPTED this 12th ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVED FORM AND CORRECTNESS: JOM&CRO-71LARELL0 CI,,WrATTORNEY W7025:tr:MJC:AS:BSS day of December, 2002. ;/W"a -moi.. /AANUEL A. DIAZ, MAYO 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. Page 5 of 5 02-1305