HomeMy WebLinkAboutR-17-0389opCity of Miami
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Legislation
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Resolution R-17-0389
File Number: 2660
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/27/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DECLARING NO OBJECTIONS TO ANY LAWFUL ACTION NECESSARY TO
ENSURE THAT YACHTING PROMOTIONS, INC. MAY ACCESS AND USE THE
CITY -OWNED PROPERTY AT APPROXIMATELY 1050 MACARTHUR
CAUSEWAY IN ACCORDANCE WITH ITS EXISTING AGREEMENTS WITH
FLAGSTONE ISLAND GARDENS, LLC; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") owns certain real property at approximately 1050
MacArthur Causeway, Miami, Florida ("Property"); and
WHEREAS, pursuant to applicable competitive solicitation processes, Flagstone Island
Gardens, LLC ("Flagstone") was selected to develop and lease a mega -yacht marina and
ancillary facilities such as retail, parking, hotels, and other related facilities on the Property
("Project"); and
WHEREAS, pursuant to various resolutions including Resolution Nos. 02-1304 and 10-
0402, the City and Flagstone entered into multiple agreements for the lease of the Property and
the construction and operation of the Project ("Flagstone Agreements"); and
WHEREAS, pursuant to the Flagstone Agreements, Flagstone and Yachting
Promotions, Inc. ("YPI") entered into that certain Super Yacht Venue Agreement dated
December 23, 2013, a copy of which is attached as Exhibit A ("Super Yacht Agreement"); and
WHEREAS, the Super Yacht Agreement grants YPI, among other things, the right to use
the Property and the marina facilities as a venue for the annual Yacht and Brokerage show
commonly known as the "Miami Boat Show"; and
WHEREAS, on May 30, 2017, the City Commission adopted Resolution No. 17-0263
finding Flagstone to be in default of the Flagstone Agreements and directed the City Manager to
issue a Notice of Default; and
WHEREAS, on June 7, 2017, the City Manager issued said Notice of Default to
Flagstone and on June 9, 2017, Flagstone filed a lawsuit against the City styled Flagstone
Island Gardens, LLC, et al. v. City of Miami, Case No. 2017 -013829 -CA -01 in the Circuit Court
of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida ("Flagstone Lawsuit"); and
WHEREAS, the City's Notice of Default regarding the Flagstone Agreements and the
Flagstone Lawsuit cast doubt upon YPI's rights under the Super Yacht Agreement; and
WHEREAS, the City Commission finds that the uses of the Property contemplated in the
Super Yacht Agreement are beneficial to the City's economic and general welfare; and
WHEREAS, the City Commission wishes to eliminate any doubt that YPI may use the
Property as contemplated in the Super Yacht Agreement;
City of Miami Page 1 of 2 File ID: 2660 (Revision:) Printed On: 11/30/2017
File ID: 2660
Enactment Number: R-17-0389
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. In the event that YPI is unable to access and use the Property as a result of
Flagstone's eviction from the Property, declaring no objections to lawful action necessary to
ensure that YPI may access and use the Property as contemplated in the Super Yacht
Agreement. Lawful actions necessary to ensure YPI's access and use of the Property pursuant
to the Super Yacht Agreement may include, among other things:
1. The execution of an agreement whereby the City shall assume
Flagstone's rights and obligations under the Super Yacht Agreement; or
2. The preparation for the City Commission's approval of a direct license,
use agreement, or similar agreement between the YPI and the City.
Section 3. In the event that any portion or section of this Resolution is determined to be
invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision
shall in no manner affect the remaining portions of this Resolution, which shall remain in full
force and effect.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
Jina City Attor ey 7/18/2017
1 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: 2660 (Revision:) Printed on: 11/30/2017