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,
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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
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day of December, 2002.
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/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.
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