HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www,miamigov,com
File Number: 15-00711
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, A TRI-PARTY AGREEMENT FOR WATER
AND SANITARY SEWAGE FACILITIES ("TRI-PARTY AGREEMENT"), BETWEEN
MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY') AND
FLAGSTONE ISLAND GARDENS, LLC ("DEVELOPER"); FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, ANY FUTURE EXTENSIONS, MODIFICATIONS,
RENEWALS, AMENDMENTS AND ADDENDA TO THE TRI-PARTY AGREEMENT
UPON THE CONDITION THAT THERE ARE NO COSTS TO THE CITY FOR ANY
SUCH FUTURE EXTENSIONS, MODIFICATIONS, RENEWALS, AMENDMENTS,
AND 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 Amended and
Restated Agreement to Enter into Ground Lease with the City, effective as of September 15, 2011,
and a Marina Component Amended and Restated Ground Lease, effective as of May 30, 2014, for the
Flagstone Island Gardens Development also known as Island Gardens at Watson Island
("Development"); and
WHEREAS, the Developer has requested for the City and Miami -Dade County ("County") to
enter into a tri-party Agreement for Water and Sanitary Sewer Facilities between the County, the City
and the Developer ("Tri-Party Agreement") in order for the necessary water and sanitary sewer
services to be provided to the Development; and
WHEREAS, the County's Water and Sewer Department ("WASD") is the sole provider of water
and sanitary sewer services in Miami -Dade County and has agreed to provide the needed services for
the Development subject to the terms and conditions of the Tri-Party Agreement; and
WHEREAS, the City desires to authorize the City Manager (a) to negotiate and execute the
Tri-Party Agreement, in a form acceptable to the City Attorney, and (b) to negotiate and execute, in a
form acceptable to the City Attorney, any future renewals, extensions, amendments, modifications, and
addenda to the Tri-Party Agreement provided that the City does not incur any costs;
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 negotiate and execute, in a form acceptable to
City of Miami Page 1 of 2 File Id: 15-00711 (Version: 1) Printed On: 6/11/2015
File Number: 15-00711
the City Attorney, a tri-party Agreement for Water and Sanitary Sewage Facilities ("Tri-Party
Agreement"), between the County, the City and the Developer.
Section 3. The City Manager is further authorized{1} to negotiate and execute, in a form
acceptable to the City Attorney, any future extensions, renewals, .modifications, amendments, and
addenda to the Tri-Party Agreement upon the condition that there are no costs to the City for any such
future extensions, renewals, modifications, amendments, and addenda.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
AI?P.OVED AS TO FORM AND CORRECTNESS:
VICTORIA NIENDEZ
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 (10) 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: 15-00711 (Version: 1) Printed On: 6/11/2015