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City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-01435
Final Action Date;
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF PERMANENT
SOUTH ROAD EASEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE
ATTACHED FORM, ON CITY OF MIAMI OWNED PROPERTY LOCATED ON
WATSON ISLAND TO FLAGSTONE ISLAND GARDENS, LLC, TO PROVIDE FOR
THE NON-EXCLUSIVE USE OF APPROXIMATELY 25,903 SQUARE FEET, AS
MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND
INCORPORATED, FOR THE LIMITED PURPOSE OF VEHICULAR AND
PEDESTRIAN INGRESS, EGRESS AND ACCESS TO AND FROM SAID LEASED
PROPERTY, 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 parties wish to enter into the Permanent South Road Easement Agreement
("Agreement") to provide for Flagstone's use of the easement area for ingress and egress and access
to said leased property; and
WHEREAS, in accordance with Section 1.14 of the Development and Construction Rider,
Flagstone, at its sole cost and expense, shall design, construct and maintain the Entranceway and the
City shall grant such easements necessary for Flagstone to conduct this work and to utilize the
entranceway as 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 the
non-exclusive use of approximately 25,903 square feet, as more particularly described in "Exhibit A,"
attached and incorporated, for the limited purpose of vehicular and pedestrian ingress, egress and
access to and from said leased property, with terms and conditions more particularly set forth in said
Agreement.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
City of Miami Page 1 of 2 Printed On: 12/21/2005
File Number; 05-01435
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