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HomeMy WebLinkAboutR-06-0025City of Miami Legislation Resolution: R-06-0025 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-01435 Final Action Date: 1/12/2006 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 File Id: 05-01435 (Version: 1) Printed On: 12/15/2016 File Number: 05-01435 Enactment Number: R-06-0025 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: 05-01435 (Version: 1) Printed On: 12/15/2016