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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www,miamigov,com
File Number: 06-01898 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT,
TO THE AGREEMENT TO ENTER INTO GROUND LEASE ("SECOND
AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND FLAGSTONE ISLAND GARDENS, LLC, TO PROVIDE FOR:
(1) AN EXTENSION TO THE LEASE DEADLINE REFERRED TO IN SECTION
6.2.1 OF THE AGREEMENT TO ENTER INTO GROUND LEASE ("AGREEMENT
TO ENTER") TO AUGUST 1, 2008; (2) AN EXTENSION TO THE OUTSIDE DATE
REFERRED TO IN SECTION 6.2.3 OF THE AGREEMENT TO ENTER TO
AUGUST 1, 2008; AND (3) CLARIFICATION OF CERTAIN RESPONSIBILITIES
RELATED TO THE PLATTING AND DEVELOPMENT MATTERS; WITH THE
TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID
SECOND AMENDMENT.
WHEREAS, the City of Miami ("City") is the owner of certain real property located on Watson
Island at approximately 1050 MacArthur Causeway, Miami, Florida; and
WHEREAS, Flagstone Island Gardens, LLC ("Flagstone") has an Agreement to Enter Into Ground
Lease ("Agreement to Enter") with the City, dated January 1, 2003; and
WHEREAS, the Agreement to Enter has certain conditions that must be met for the future
execution of a long-term ground lease with Flagstone; and
WHEREAS, the City and Flagstone agreed upon and entered into that certain First Amendment to
Enter Into Ground Lease And Amendment to Form of Ground Lease dated December 2, 2004 (the
"First Amendment"); and
WHEREAS, Flagstone experienced delays defending against several lawsuits as well as a lengthy
process to attain required environmental permits causing the Lease Deadline and the Outside Date
under the Agreement to Enter to require adjustments; and
WHEREAS, the parties have negotiated the attached Second Amendment to provide for a twenty
(20)month extension to the Lease Deadline and the Outside Date and to provide for modification of
certain conditions related to platting and development matters;
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 the Second Amendment, in substantially
City of Miami Page I of 2 Printed On: 10/27/2006
File Number: 06-01898
the attached form, to the Agreement to Enter between the City and Flagstone, to provide for: (1) an
extension to the Lease Deadline referred to in Section 6.2.1 of the Agreement to Enter to August 1,
2008; (2) an extension to the Outside Date referred to in Section 6.2.3 of the Agreement to Enter to
August 1, 2008; and (3) clarification of certain responsibilities related to the platting and development
matters; with terms and conditions more particularly set forth in the said Second Amendment.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVEA TO FORM AND C RRECTNESS:
JORGE L,. ER ANDEZ
CITY ATTORN: Y
Footnotes:
(1) The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but riot 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: 10/27/2006