HomeMy WebLinkAboutR-04-0558City of Miami
Legislation
Resolution: R-04-0558
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00976 Final Action Date: 9/9/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT TO ENTER INTO
GROUND LEASE ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND
FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"), TO: (1) PROVIDE AN
EXTENSION OF ALL DEADLINE DATES IN THE AGREEMENT FOR EIGHTEEN
(18) MONTHS FROM THE DATES SET FORTH IN THE AGREEMENT, PROVIDED
THAT THERE IS NO EXTENSION TO THE OUTSIDE DATE WHICH IS DEEMED TO
BE JANUARY 1, 2007, AND (2) CLARIFY CERTAIN DEFINITIONS RELATED TO
"HOTEL A," "HOTEL B" AND THE APPROVED TIME SHARES, WITH TERMS AND
CONDITIONS MORE PARTICULARLY SET FORTH IN THE SAID AMENDMENT.
WHEREAS, the City of Miami ("City") is the owner of certain real property located at
approximately 1050 MacArthur Causeway, Miami, Florida; and
WHEREAS, Flagstone Island Gardens, LLC ("Flagstone") has an Agreement to Enter Into Ground
Lease ("Agreement") with the City, dated January 1, 2003; and
WHEREAS, the Agreement has certain conditions that must be met for the future execution of a
long-term ground lease with Flagstone; and
WHEREAS, the parties have negotiated the attached First Amendment to the Agreement to
provide for an 18-month extension of the deadline dates and modification of certain definitions;
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.
Section 2. The City Manager is authorized{1} to execute the First Amendment, in substantially the
attached form, to the Agreement between the City and Flagstone, to provide for: (1) an extension of
all deadline dates in the Agreement for eighteen (18) months from the dates set forth in the
Agreement, provided that there is no extension to the Outside Date which is deemed to be January 1,
2007, and (2) to clarify certain definitions related to "Hotel A," "Hotel B" and the Approved Time
Shares, with terms and conditions more particularly set forth in the said Amendment.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
City of Miami
Page 1 of 2 File Id: 04-00976 (Version: 1) Printed On: 9/30/2016
File Number: 04-00976 Enactment Number: R-04-0558
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 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 Miami Page 2 of 2 File Id: 04-00976 (Version: 1) Printed On: 9/30/2016