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HomeMy WebLinkAboutR-06-0674City of Miami Legislation Resolution: R-06-0674 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-01898 Final Action Date: 11/9/2006 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 the attached form, to the Agreement to Enter between the City and Flagstone, to provide for: (1) an City of Miami Page 1 of 2 File Id: 06-01898 (Version: 11 Printed On: 3/1/2017 File Number: 06-01898 Enactment Number: R-06-0674 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} 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: 06-01898 (Version: 11 Printed On: 3/1/2017