HomeMy WebLinkAboutR-08-0584City of Miami
Legislation
Resolution: R-08-0584
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01130 Final Action Date: 10/16/2008
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, TO THE TEMPORARY
CONSTRUCTION EASEMENT AGREEMENT ("AGREEMENT") BETWEEN THE
CITY OF MIAMI ("CITY") AND FLAGSTONE ISLAND GARDENS ("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 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 SAID SECOND
AMENDMENT.
WHEREAS, the City of Miami ("City") is the owner of certain real property located at Watson
Island at approximately 980 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 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 a First Amendment to the Temporary Construction Easement
Agreement ("First Amendment") that provides Flagstone with additional uses, such as construction
parking and ancillary parking, dated December 11, 2007; and
WHEREAS, the parties wish to enter into this Second Amendment to the Temporary Construction
Easement Agreement ("Second Amendment") to provide Flagstone with an easement over, across,
and upon 0.24 acres of submerged land, adjacent to Parcel C, for the purposes of providing ingress
and egress to and from sales and construction offices related to the development project, as well as
dredging, filling, underwater debris removal, environmental mitigation, 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
City of Miami
Page 1 of 2 File Id: 08-01130 (Version: 1) Printed On: 5/16/2017
File Number: 08-01130 Enactment Number: R-08-0584
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}
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: 08-01130 (Version: 1) Printed On: 5/16/2017