HomeMy WebLinkAboutR-25-0496City of Miami
Resolution R-25-0496
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18478 Final Action Date: 11/20/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
SETTLEMENT OF PEDRO J. GARCIA, AS PROPERTY APPRAISER FOR
MIAMI-DADE COUNTY V. CITY OF MIAMI, BH3 IG DEVELOPERS, LLC AND
JIM ZINGALE, AS EXECUTIVE DIRECTOR DEPARTMENT OF REVENUE, IN
THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CIVIL
CASE NUMBER 2024-013804-CA-01, AGREEING TO A TAX ASSESSMENT
VALUE FOR FOLIO NUMBER 01-3231-061-0010 AND 01-3231-061-0020 FOR
TAX YEAR 2023 OF $102,335,443.00, TAX YEAR 2024 OF $104,484,928.00
AND TAX YEAR 2025 OF $104,490,418.00, AND FOR WHICH FLAGSTONE
ISLAND GARDENS, LLC AND/OR BH3 IG DEVELOPERS, LLC WILL BE
RESPONSIBLE FOR PAYMENT PURSUANT TO THE MASTER
DEVELOPMENT AGREEMENT DATED APRIL 20, 2020, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
BETWEEN THE PARTIES, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES
AND COSTS FOR EACH PARTY.
WHEREAS, Flagstone Island Gardens, LLC ("Flagstone") entered in a Master
Development Agreement ("MDA") with the City of Miami ("City") on April 13, 2020, which
included folios 01-3231-061-0010 AND 01-3231-061-0020; and
WHEREAS, the MDA requires Flagstone to defend, indemnify and hold harmless the
CITY OF MIAMI against any claims, action or liabilities, including ad valorum taxes; and
WHEREAS, Flagstone successfully petitioned the Miami -Dade County Value Adjustment
Board ("VAB") to reduce the tax assessment value for folios 01-3231-061-0010 and 01-3231-
061-0020 for tax year 2023; and
WHEREAS, Pedro J. Garcia, as Property Appraiser of Miami -Dade County ("Property
Appraiser") filed suit in the 11th Judicial Circuit in and for Miami -Dade County, Civil Case
Number 2024-013804-CA-01, against the City as the owner of folios 01-3231-061-0010 AND
01-3231-061-0020 ("Lawsuit") challenging the VAB's reduction; and
WHEREAS, the City tendered the defense of the Lawsuit to Flagstone and Flagstone
and their agent BH3 IG Developers, LLC accepted the tender, joined the litigation as a party and
have defended the City in the Lawsuit; and
WHEREAS, Flagstone, BH3 IG Developers, LLC and Property Appriaser have reached
a settlement with an agreement to enter into a Stipulated Final Judgment setting the ad valorem
tax value for folios 01-3231-061-0010 AND 01-3231-061-0020 for tax year 2023 at the
combined value of $102,335,443.00, for which Flagstone and/or BH3 IG Developers, LLC will
be responsible for payment; and
City of Miami Page 1 of 2 File ID: 18478 (Revision:) Printed On: 12/8/2025
File ID: 18478 Enactment Number: R-25-0496
WHEREAS, in 2024, folio 01-3231-061-0020 was combined into folio 01-3231-061-0010,
and Flagstone, BH3 IG Developers, LLC and Property Appraiser, have further agreed that for
tax years 2024 and 2025 the ad valorem tax value for folio 01-3231-061-0010 shall be
$104,484,928.00 and $104,490,418.00, respectively, for which Flagstone and/or BH3 IG
Develoers, LLC will be responsible for payment;
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 agrees to the entry of a Stipulated Final Judgment by the Court in
the Lawsuit setting the 2023 ad valorem tax rate for folios 01-3231-061-0010 AND 01-3231-061-
0020 for tax year 2023 at the combined value of $102,335,443.00.
Section 3. The City further agrees that the ad valorem tax value for folio 01-3231-061-
0010 for tax years 2024 and 2025 shall be $104,484,928.00 and $104,490,418.00, respectively,
as agreed to by Flagstone, BH3 Developers, LLC and Property Appraiser, for which Flagstone
and/or BH3 IG Developers, LLC, will be responsible for payment.
Section 3. The City Manager is authorized' to enter into any release required to affirm
this settlement.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
rge
ng II , City ttor -y 11/7/2025
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 18478 (Revision:) Printed on: 12/8/2025