HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-01436
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF TEMPORARY
CONSTRUCTION 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:
(1) TEMPORARY, NON-EXCLUSIVE USE OF APPROXIMATELY 6.53 ACRES OF
LAND, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A, ATTACHED AND
INCORPORATED, AS A PRIMARY STAGING AREA, AND/OR SALES AND
CONSTRUCTION OFFICES AND EQUIPMENT MATERIALS LAY -DOWN; (2)
TEMPORARY, NON-EXCLUSIVE USE FROM TIME TO TIME, SUBJECT TO
AVAILABILITY, OF APPROXIMATELY 48,289 SQUARE FEET OF LAND, AS MORE
PARTICULARLY DESCRIBED IN "EXHIBIT B," ATTACHED AND INCORPORATED,
AS AN ADDITIONAL STAGING AREA AND/OR CONSTRUCTION AND SALES
OFFICES; AND (3) TEMPORARY NON-EXCLUSIVE USE OF APPROXIMATELY
93,853 SQUARE FEET OF LAND, AS MORE PARTICULARLY DESCRIBED IN
"EXHIBIT C," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF
PROVIDING INGRESS AND EGRESS TO AND FROM THE STAGING AREAS AND
FOR SALES AND/OR CONSTRUCTION OFFICES AND EQUIPMENT AND
MATERIALS LAY -DOWN, 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 Tong -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 Temporary Construction 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.
City of Miami Page 1 of 2 Printed On: 12/21/2005
File Number: 05-01436
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)
temporary, non-exclusive use of approximately 6.53 acres of land, as more particularly described in
"Exhibit A" attached and incorporated, as a primary staging area, and/or sales and construction offices
and equipment materials lay -down; (2) temporary, non-exclusive use from time to time, subject to
availability, of approximately 48,289 square feet of land, as more particularly described in "Exhibit B,"
attached and incorporated, as an additional staging area and/or construction and sales office; and (3)
temporary non-exclusive use of approximately 93,853 square feet of land, as more particularly
described in "Exhibit C," attached and incorporated, for the purpose of providing ingress and egress to
and from the staging areas and for sales and/or construction offices and for equipment and materials
lay -down, 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}
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 Miuini Page 2 of 2 Printed On: 12/21/2005