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Legislation
Resolution
File Number: 05-01434
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF A PERMANENT
NON-EXCLUSIVE EASEMENT AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, ON CITY OF MIAMI OWNED
PROPERTY LOCATED ON WATSON ISLAND, TO FLAGSTONE ISLAND
GARDENS, LLC, TO PROVIDE FOR: (1) VEHICULAR AND PEDESTRIAN
INGRESS AND EGRESS FOR DELIVERY AND FIRE SAFETY AND EMERGENCY
VEHICLES; AND (2) ACCESS TO ALTER AND IMPROVE THE EASEMENT AREA
WITH PRIOR APPROVAL OF THE CHIEF EXECUTIVE OFFICER, ON
APPROXIMATELY AN 8,790 SQUARE FOOT PARCEL OF LAND LOCATED ON
TWO SEPARATE LEVELS, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT
A," ATTACHED AND INCORPORATED, WITH TERMS AND CONDITIONS MORE
PARTICULARLY SET FORTH IN SAID AGREEMENT.
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"), currently has an Agreement to Enter
Into Ground Lease with the City, dated January 1, 2003; and
WHEREAS, the Agreement to Enter Into Ground Lease has certain conditions that must be met for
the future execution of a long-term ground lease for the development and operation of a mega -yacht
marina and mixed use waterfront project on Watson Island ("Project"); and
WHEREAS, the parties wish to enter into a Permanent Non -Exclusive Easement Agreement
(Agreement) to provide for Flagstone's use of the easement area for development work in connection
with the Project; and
WHEREAS, the parties have negotiated the attached Agreement, which provides for construction,
use and access to the Project;
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 an Agreement, in substantially the
attached form, on City -owned property located on Watson Island, to Flagstone, to provide for: (1)
vehicular and pedestrian ingress and egress for delivery and fire safety and emergency vehicles; and
(2) access to alter and improve the easement area with prior approval of the Chief Executive Officer,
on approximately an 8,790 square foot parcel of land located on two separate levels, as more
particularly described in "Exhibit A," attached and incorporated, with terms and conditions more
City of Miami Page 1 pf 2 Printed On: 12/21/2005
File Number: 05-01434
particularly set forth in said Agreement.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
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 Printed On: 12/21/2005