HomeMy WebLinkAboutR-04-0702City of Miami
Legislation
Resolution: R-04-0702
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01046 Final Action Date: 10/28/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
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: (1) LIMITATIONS ON
FUELING TO LESSEES OF THE DOCKING FACILITIES AND PUBLIC AGENCY
VESSELS; (2) RESTRICTION ON THE NUMBER OF POWERBOATS LESS THAN
ONE -HUNDRED FEET IN LENGTH THAT CAN BE MOORED AT THE FLAGSTONE
ISLAND GARDENS MARINA FACILITY CONCURRENTLY; (3) RESTRICTION ON
THE NUMBER OF VESSELS MOORED AT THE FACILITY TO FIFTY (50)
CONCURRENTLY; AND (4) RESTRICTION THAT SERVICE VESSELS CAN ONLY
OPERATE WITHIN THE IMMEDIATE VICINITY OF THE DOCKING FACILITY, WITH
TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID
COVENANT.
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 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 ("Lease") with Flagstone; and
WHEREAS, on July 11, 2003, Flagstone and the City submitted a Class I Permit application to
Miami -Dade County Department of Environmental Resources Management ("DERM") requesting
authorization to construct a mega -yacht marina; and
WHEREAS, to issue the Class I Permit, DERM requires the execution of a covenant to run with
the land placing certain limitations on the mega -yacht marina development;
WHEREAS, the covenant shall remain in full force and effect until such time as the same is
modified or released in writing by Miami -Dade County;
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 a Covenant Running with the Land in
Favor of Miami -Dade County ("Covenant"), in substantially the attached form, to provide for:
City of Miami
Page 1 of 2 File Id: 04-01046 (Version: 1) Printed On: 10/13/2016
File Number: 04-01046 Enactment Number: R-04-0702
(1) limitations on fueling to lessees of the docking facilities and public agency vessels; (2) restriction
on the number of powerboats less than one -hundred feet in length that can be moored at the
Flagstone Island Gardens Marina facility concurrently; (3) restriction on the number of vessels moored
at the facility to fifty (50) concurrently; and (4) restriction that service vessels can only operate within
the immediate vicinity of the docking facility, with terms and conditions as more particularly set forth in
said Covenant.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
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: 04-01046 (Version: 1) Printed On: 10/13/2016