HomeMy WebLinkAboutLegislationCity of M'a00'
Legislation
Resolution
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3500Pan American
Drive
Miami, rLmnxu
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File Number: 08-01130 Final Action Date:
AREG0LVT0N. DFTHE MkAM| CITY COMMISSION, YVITH/RTACHMENT(S).
AUTHORIZING THE C[P/ MANAGER TO EXECUTE THE SECOND
AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORN, TO THE
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (AG
BETWEEN THE CITY OFkY/AM/(^C/TY') AND FLAGSTONE ISLAND GARDENS
(''FLAG8TONE'').ONCITY-OWNED PROPERTY LOCATED ATWATSON ISLAND,
M|AM|. FLORIDA, TO PROVIDE FOR THE EXPANSION OF THE EASEMENT
AREA OF APPROXIMATELY 10.035GOU8RE FEET OF SUBMERGED U\NDG,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A' ATTACHED AND
INCORPORATED, FOR THE LIMITED PURPOSES OF PROVIDING INGRESS
AND EGRESS TO AND FROM THE SALES AND CONSTRUCTION OFFICES
RELATED TO THE DEVELDPk4ENT, AS WELL AS DREDG|NG, FILLING,
UNDERWATER DEBRIS REMOVAL, ENVIRONMENTAL MITIGATION, SEAWALL
REPAIR AND RECONSTRUCTION, AND THE RECONSTRUCTION, REPAIRS TO
DRREMOVAL OFTHE EXISTING DOCK AND ALL ASSOCIATED WORK, WITH
THE TERMS AND CONDITIONS AOMORE PARTICULARLY SET FORTH INSAID
SECOND AMENDMENT.
WHEREAS, the City of Miami ("City")is the owner ofcertain real property located at Watson Island
at approximately 980 MacArthur Causeway, Miami, Florida; and
WHEREAS, Flagstone Island Gardens, LLC ("Flagstone") currently has anAgreement Vo Enter
Into Ground Lease with the City, dated January 1, 2003; and
WHEREAS, the parties entered into a Temporary Construction Easement Agreement
("Agreement") that provides Flagstone a non-exclusive easement for the limited purposes of
construction staging' and equipment and material lay -down in connection with the development
project, dated December 11. 2007; and
WHEREAS, the parties entered into aFirst Amendment to the Temporary Construction Easement
Agreement ("First Amendment") that provides Flagstone with additional uoeo, such aaconstruction
parking and ancillary parking, dated December 11.2OO7;and
VVHEREAG, the parties wish to enter into this Second Amendment to the Temporary Conoimodnn
Easement Agreement (^SenondAmendmonC')to provide Flagstone with an easement over, aomoe,
and upon 024 acres of submerged |and, adjacent to Parcel C. for the purposes of providing ingress
and egress to and from na|oa and construction offices related tothe development project, as well an
dedging, fi}|inQ, underwater debris vemnva|, environmental nnihgaUnn, seawall repair and
reconstruction, the dock repair and reconstruction, or dock removal activity; and
WHEREAS, the parties have negotiated the attached Second Amendment, which provides for
File Number: 08-01130
reconstruction, use and access, and other specified activities;
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 Temporary Construction Easement Agreement ("Agreement") between the
City and Flagstone, on City -owned property located at Watson Island, Miami, Florida, to provide for the
expansion of the easement area of approximately 10,033 square feet of submerged lands, as more
particularly described in Exhibit "A" attached and incorporated, for the limited purposes of providing
ingress and egress to and from the sales and construction offices related to the development, as well
as the dredging, filling, underwater debris removal, environmental mitigation, seawall repair and
reconstruction, and the reconstruction, repairs to or removal of the existing dock and all associated
work, with the terms and conditions as 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}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
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 Miami Page 2 of 2 Printed On: 10/7/2008