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HomeMy WebLinkAboutR-06-0027City of Miami Legislation Resolution: R-06-0027 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-01437 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 ACCESS EASEMENT AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, ON CITY OF MIAMI OWNED PROPERTY LOCATED ON WATSON ISLAND FROM THE FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"), TO PROVIDE FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AND ACCESS TO AND FROM APPROXIMATELY 72,940 SQUARE FEET OF LAND LEASED TO FLAGSTONE, AS 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; and WHEREAS, the parties wish to enter into a Permanent Access Easement Agreement ("Agreement") to provide for the City's use of the easement area over the Flagstone leased property for pedestrian and vehicular access; and WHEREAS, the parties have negotiated the attached Agreement, which provides for use and access to the City -owned properties; 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, from Flagstone, to provide for vehicular and pedestrian ingress and egress and access to and from approximately 72,940 square feet of land leased to Flagstone, as described in "Exhibit A," attached and incorporated, 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: 05-01437 (Version: 1) Printed On: 12/15/2016 File Number: 05-01437 Enactment Number: R-06-0027 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: 05-01437 (Version: 1) Printed On: 12/15/2016