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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov,com
File Number: 14-00430 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, THE PARTIAL MODIFICATION OF
ORIGINAL RESTRICTIONS TO DEED NO, 19447-H (THE "MODIFICATION OF
RESTRICTIONS"), WITH THE BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (THE "BOARD OF
TRUSTEES") AND THE CITY OF MIAMI, SUBJECT TO PRIOR APPROVAL BY THE
BOARD OF TRUSTEES, AND TO UNDERTAKE ALL THE STEPS NECESSARY TO
SUPERSEDE AND TERMINATE DEED NO, 19447-F.
WHEREAS, the City of Miami ("City") is the owner of certain real property located on Watson
Island at approximately 1050 MacArthur Causeway, Miami, Florida (the "Property"); and
WHEREAS, the City Commission pursuant to Resolution No. 01-972, adopted September 17,
2001, and Resolution No. 01-1028, adopted September 25, 2001, polled the electors of the City
regarding leasing the Property to a Flagstone Island Gardens (the "Developer") for the project and
pursuant to Referendum on November 6, 2001 (the "Referendum") the voters returned an affirmative
vote; and
WHEREAS, the City entered into the Agreement to Enter Into Ground Lease (the "Agreement
to Enter") that includes certain required conditions precedent that must be met for the future execution
of a long-term Ground Lease with the Developer; and
WHEREAS, the Board of Trustees of the internal Improvement Trust Fund of the State of
Florida (the "Board of Trustees") approved a modification of the Original Restrictions on June 24,
2004, and executed and delivered an instrument entitled "Partial Modification of Restrictions" on March
2, 2005, and same was recorded on March 18, 2005, in Official Records Book 23181, Page 775,
Public Records of Miami -Dade County, Florida; and
WHEREAS, the Board of Trustees approved an additional modification of the Original
Restrictions on August 16, 2011, and executed and delivered an instrument entitled "Amended and
Restated Partial Modification of Restrictions" on September 15, 2011, and same was recorded on
September 16, 2011, in Official Records Book 27828, Page 3675, Public Records of Miami -Dade
County, Florida; and
WHEREAS, the Amended and Restated Partial Modification of Restrictions automatically and
immediately terminated on January 18, 2012, through no fault of the City, the Board of Trustees, or the
State of Florida Department of Environmental Protection, Division of State Lands (the "Division"); and
WHEREAS, the City is still desirous of leasing that portion of the lands conveyed to the City by
the Deed which is described in Exhibit "A", attached and incorporated (the "Property"), to the
Developer to allow for the construction and operation of a public and private commercial marina and
mixed use waterfront development, including any and all uses permitted under the Ground Lease, as
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defined below (as a whole or in phases, the "Development"), and in order to accomplish the same, it is
necessary that the Original Restrictions be modified by the Board of Trustees; and
WHEREAS, the Development is still in the public interest because it will convert the Property
from a sparse, unimproved field to a location that will contain cultural, scenic, and recreational values
that will benefit the public while at the same time retaining 60% of the Development as open space in
the form of gardens, walkways, and a waterfront promenade available to residents and visitors for
cultural and recreational activities; and
WHEREAS, in furtherance of the public interest, the Development will still also aid tourism,
provide training and employment opportunities to residents, and generate significant tax revenue for
the City, Miami -Dade County and the State of Florida; and
WHEREAS, the Board of Trustees and the City desire to modify the Original Restrictions on the
terms set forth in this Partial Modification of Original Restrictions; and
WHEREAS, the City approved this Partial Modification of Original Restrictions effective as of
, 2014; and
WHEREAS, the Board of Trustees approved this Partial Modification of Original Restrictions on
, 2014;
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 fully set forth in this Section.
Section 2. The City Manager is authorized {1} to negotiate and execute, in a form acceptable
to the City Attorney, the Partial Modification of Original Restrictions to Deed No. 19447-H (the
"Modification of Restrictions"), with the Board of Trustees of the Internal Improvement Trust Fund of
the State of Florida (the "Board of Trustees") and the City of Miami ("City"), subject to prior approval by
the Board of Trustees.
Section 3. The City Manager is further authorized {1} to undertake all the steps necessary to
supersede and terminate Deed No, 19447-F.
Section 4, This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes;
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{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
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