HomeMy WebLinkAboutcover memoCITY OF MIAMI, FLORIDA
RE.5
INTER -OFFICE MEMORANDUM
TO :
FROM :
The Honorable ]Mayor and Members
e City omm lion
Arriola
C) ief Administrator
RECOMMENDATION:
OCT 18 .0(14
DATE : FILE :
SUBJECT : Covenant between the City
& Miami -Dade County
REFERENCES:
ENCLOSURES:
The administration recommends that the Miami City Commission adopt the attached Covenant
for the Flagstone Island Gardens Project ("Project") on Watson Island authorizing the City
Manager to execute a Covenant Running with the Land in Favor of Miami -Dade County
("Covenant"), in substantially the attached form, to provide for: (a) limitations on fueling to
lessees of the docking facilities and public agency vessels; (b) restriction on the number of
powerboats less than one -hundred (100) feet in length that can be moored at the Flagstone island
Gardens Marina facility concurrently; (c) restriction on the number of vessels moored at the
facility to fifty (50) concurrently; and (d) restriction that service vessels can only operate within
the immediate vicinity of the docking facility. City Commission approval of this covenant is
conditioned upon the Miami -Dade County Department of Environmental Resources Management
(DERM) agreeing to release this covenant in writing in the event the Miami -Dade County
Department of Environmental Resources Class 1 Permit is terminated or expires without the
construction contemplated therein commencing.
BACKGROUND:
The City and Flagstone entered into an Agreement to Enter into a Ground Lease (the "Agreement
to Enter") on January 1, 2003 consistent with all material aspects of the Watson Island RFP and
the Island Gardens Proposal and setting forth the conditions for the future execution of a long-
term ground lease ("Lease") with Flagstone Island Gardens. The conditions provided in the
Agreement to Enter set forth certain requirements for Marina approvals required to construct and
operate the marina substantially similar to the marina depicted in the Island Garden's Proposal.
On July 11, 2003, Flagstone and the City submitted to DERM a Class I Application requesting
authorization to construct Flagstone's Mega -Yacht Marina. Pursuant to the Class I Application
and Section 24-58.2(1)(8)(2)(b) requirements of the Code for Miami -Dade County, the
Covenant, to run with the land in favor of Miami -Dade County, must be executed.
Honorable Mayor and Members
Of the City Commission
Page 2
Highlights of the Covenant are as follows:
(a) the proposed fuel dock can only be used by lessees of the docking facilities and public
agency vessels;
(b) the number of powerboats less than one -hundred (100) feet in length that can be moored
at the Flagstone Island Gardens Marina facility shall not exceed twenty-three (23) at any
one time. Of these twenty-three (23) powerboats less than one -hundred (100) feet in
length, not more than two (2) shall be water taxis, four (4) shall be commercial fishing or
diving charter boats and three (3) shall be marina service vessels. This provision shall not
apply to vessels with ancillary motors, non -motorized vessels or any rowboat;
(c) the number of vessels moored at the facility shall not exceed fifty (50) at any time; and
(d) service vessels can only operate within the immediate vicinity of the docking facility.
This covenant shall run with the land unless released by Miami -Dade County. The approval of
the City Commission is conditioned upon Miami -Dade County DERM agreeing to release this
covenant in writing in the event the Class I Permit issued pursuant to application CC03-245 is
terminated or expires without the construction contemplated therein having taken place.
JA/LMH B /m CC Flagstone Cove
nant enant Running with the Land in Favor of Miami -Dade County