HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM
FILE ID:
Date: 11/1/2005
05-6104
Requesting Department: Public Facilities
Commission Meeting Date: 12/15/2005 District Impacted: 2
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Submerged Area Agreement on City -owned property located adjacent to Watson Island
Purpose of Item:
The administration recommends that the Miami City Commission adopt the attached Resolution
authorizing the City Manager to execute an Agreement ("Agreement"), in substantially the attached
form, on City -owned submerged property abutting Watson Island, to Flagstone Island Gardens, LLC
("Flagstone"), to provide for the initial and subsequent dredging of approximately 4.85 acres of
submerged land, as more particularly described in Exhibit "A" (the "Submerged Parcel") attached
hereto, and made a part hereof for the purpose of dredging activities for the benefit of the City; with
terms and conditions as more particularly set forth in the Agreement.
Background Information:
See Supplemental Sheet
Budget Impact Analysis
NO Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
•
CIP Project No: -H
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
CIP N/A
If using or receiving capital funds
Grants N/A
Final Approvals
(SIGN AND DATE)
Budget N/A
Risk Management 1
Purchasin NI Dept. Director
Chief City Manage
SUPPLEMENTAL SHEET
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Subject: Submerged Area Agreement on City -owned property located adjacent to Watson Island
Background Information:
The City and Flagstone entered into an Agreement to Enter into a Ground Lease (the "Agreement to
Enter") on January 1, 2003 consistent with all material respects with the Watson Island RFP and the
Island Gardens Proposal and setting forth the conditions for the future execution of a long-term
ground lease ("Ground Lease") to Flagstone Island Gardens.
The parties wish to enter into a Permanent Maintenance Agreement ("Agreement") to perform initial
dredging on the City's behalf and subsequent maintenance dredging, as necessary within the
submerged lands, in order to facilitate the development and operation of the marina. The proposed
Dredging Service Agreement provides for Flagstone to perform on the City's behalf and for the City's
benefit, dredging activities within certain submerged lands that lie adjacent to the submerged lands
leased to Flagstone. The Agreement provides for Flagstone, at its sole cost and expense, to make all
required improvements to the submerged lands required for its use.
Flagstone shall provide the Chief Executive Officer advanced written notice of initial dredging and
any subsequent dredging describing the anticipated commencement date, duration, hours of
operations, and completion dates for the hours of operation and completion date for the applicable
dredging and the extent of such dredging. Flagstone shall provide the Chief Executive Officer
advanced written notice of the date Flagstone will commence utilizing the Easement Area. The
proposed Dredging Service Agreement shall become effective immediately upon the date of mutual
execution and shall remain in effect unless and until the Agreement to Enter is terminated or expires
in accordance with the terms without the Ground Lease having been mutually executed and delivered,
or the Ground Lease is terminated or expires in accordance with its terms. Upon termination of the
Agreement, all rights, privileges, duties and obligations imposed by the provisions of the Agreement
shall terminate and have no further force or effect.
The Board of Trustees of the Internal Improvement Trust Fund approved this easement at its meeting
of June 24, 2004.
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