HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM
FILE ID: CJ �' 014,31
Date: 11/17/2005
Commission Meeting Date: 12/15/2005
Requesting Department: Public Facilities
District Impacted: 2
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Temporary Pre -Development Easement Agreement on City -owned property located on Watson
Island
Purpose of Item:
The administration recommends that the Miami City Commission adopt the attached Resolution
authorizing the City Manager to issue a Grant of Temporary Pre -Development Easement Agreement
("Agreement"), in substantially the attached form, on City -owned property located on Watson Island,
to Flagstone Island Gardens ("Flagstone"), to provide for the temporary non-exclusive use of
approximately 10.8 acres of upland and 13.4 acres of submerged land, as more particularly described
in Exhibit "A" (the "Upland Parcel") and Exhibit "B" (the "Submerged Parcel") attached hereto and
made a part hereof, for the limited purpose of predevelopment work including infrastructure
relocation and modifications, environmental mitigation, seawall repairs and reconstruction, roadway
work, tree relocation, dredging, fill, dewatering, construction mobilization, sales and construction
offices, and temporary and final utilities on the property, with terms and conditions as more
particularly set forth in said Agreement.
Background Information:
See Attached 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:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bands?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
Final Approvals
(SIGN AND DATE)
CIP N/A Budget
If using or receiving capital funds
Grants N/A Risk Management
Purchasing N/A _ Dept. Director
Chief _ �1���' ' J City Manager
N/A
Ert
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Supplemental Sheet
Subject: Temporary Pre -Development Easement Agreement on City -owned property located on 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 Temporary Pre -Development Easement Agreement ("Easement
Agreement") to provide Flagstone access to the Upland and Submerged Parcels for the purpose of
conducting pre -development activities in connection with the Flagstone Island Gardens project. The
Easement Agreement provides for Flagstone, at its sole cost and expense, to make all required
improvements to the Easement Area required for its use. Flagstone shall regulate the installation and
its operations of the Easement Area to avoid any conflict with operations of the City, its tenants,
licensees, agents, successors and assigns and the general public. Should any of Flagstone's operations
interfere with the operations of the City, its tenants, licensees, agents, successors or assigns, or the
general public, the City may impose reasonable rules and regulations to govern the use of the
Easement Area to eliminate or minimize such conflicts or interference.
Flagstone shall provide the Chief Executive Officer advanced written notice of the date Flagstone will
commence utilizing the Easement Area (the "Effective Date"). The term of this Easement Agreement
shall expire on the earlier of 1) the Possession Date under the Ground Lease; or 2) the Outside Date
specified in Section 6.2.3 of the Agreement to Enter (January 1, 2007), provided however that this
Agreement shall sooner terminate if the Agreement to Enter is terminated or expires in accordance
with its terms. Simultaneously with the Effective Date, Flagstone shall deposit with the City a
security in the amount of $300,000 pursuant to the Agreement to Enter which shall also serve as
security for the full and faithful performance by Flagstone of all obligations of Flagstone in
connection with the Easement Agreement. This security is in addition to the $200,000 already on
deposit with the City.
The Board of Trustees of the Internal Improvement Trust Fund approved the Flagstone development
and the City's issuance of an easement for this purpose at its meeting of June 24, 2004.
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