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Legislation
Resolution
City Hail
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01207
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NUMBER ONE
TO AGREEMENT FOR WATER AND SANITARY SEWAGE FACILITIES,
BETWEEN MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY')
AND FLAGSTONE ISLAND GARDENS, LLC (THE "DEVELOPER"), IN
SUBSTANTIALLY THE ATTACHED FORM, ("ADDENDUM NO. 1"), EXTENDING
THE DATE OF COMMENCEMENT OF WORK ON THE WATER AND/OR SEWER
FACILITIES, TO ONE HUNDRED EIGHTY (180) DAYS FROM THE DATE OF
EXECUTION OF SAID ADDENDUM NO. 1; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY FUTURE ADDENDA TO THE AGREEMENT FOR
WATER AND SANITARY SEWAGE FACILITIES BETWEEN THE COUNTY, THE
CITY AND THE DEVELOPER UPON THE CONDITION THAT THERE ARE NO
COSTS TO THE CITY FOR ANY SUCH FUTURE ADDENDA.
WHEREAS, the City of Miami ("City") is the owner of certain real property on Watson Island
located at approximately 1050 MacArthur Causeway, Miami, Florida; and
WHEREAS, Flagstone Island Gardens, LLC ("Developer") currently has an Agreement to Enter
Into Ground Lease with the City, dated January 1, 2003, as amended, for the Flagstone Island
Gardens Development; and
WHEREAS, on December 14, 2006, the City Commission adopted Resolution No. 06-0729,
authorizing the City Manager to execute the Agreement for Water and Sanitary Sewage Facilities
between the City, Miami -Dade County Water and Sewer Department ("County") and the Developer
("Tri-Party Agreement"), for the provision of water and sanitary sewer services for the Flagstone Island
Gardens Development ("Project") on Watson island and the City, the County and the Developer
entered into the Tri-Party Agreement on April 25, 2007; and
WHEREAS, the County is the sole provider of water and sanitary sewer services in Miami -Dade
County and has agreed to provide the needed services subject to the terms and conditions of the
Tri-Party Agreement as attached; and
WHEREAS, the City desires to authorize the City Manager to execute amendments, modifications,
addenda, and/or alterations to the Tri-Party Agreement provided that the City does not incur any costs;
and
WHEREAS, the Tri-Party Agreement shall become null and void on October 22, 2007 unless an
addendum extending the expiration date of said agreement for an additional one hundred eighty (180)
days from the date of execution, is authorized; and
WHEREAS, the Developer has requested for the City and the County to enter into Addendum
Number One to the Tri-Party Agreement, in substantially the attached form;
City of Miami
Page 1 of 2 Printed On: 9/28/ 007
File Number. 07-01207
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 Addendum Number One to Agreement for
Water and Sanitary Sewage Facilities, between the County, the City and the Developer, in
substantially the attached form ("Addendum No. 1"), extending the date for commencement of work
on the water and/or sewer facilities to one hundred eighty (180) days from the date of execution of
said Addendum No. 1.
Section 3. The City Manager is further authorized{1} to execute any future addenda to the
Agreement for Water and Sanitary Sewage Facilities between the County, the City and the Developer
upon the condition that there are no costs to the City for any such future addenda.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPRO ED AS TO FORM AND CORRECTNESS:
JORGE, L. ' NANDEZ n /
b%
CITY A �irOR EY t`�
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 Printed On: 9/2&/2007