HomeMy WebLinkAboutSummary FormDate: 11/17/2005
AGENDA ITEM SUMMARY FORM
FILE ID: 65-~ U 73T
Requesting Department: Public Facilities
Commission Meeting Date: 12/15/2005 District Impacted: 2
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: 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 execute a Grant of a permanent nonexclusive Easement Agreement
("Agreement"), in substantially the attached form, on City -owned property located on Watson Island,
to Flagstone Island Gardens, LLC ("Flagstone"), to provide for: (1) vehicular and pedestrian ingress
and egress for delivery and fire safety and emergency vehicles; and (2) access to alter and improve the
easement area with prior approval of the Chief Executive Officer, on approximately an 8,790 square
foot parcel of land located on two separate levels, as more particularly described in Exhibit "A"
attached hereto and made a part hereof (the "Property"), with terms and conditions as more
particularly set forth in said Agreement.
Background Information:
See Supplemental Sheet.
Budget Impact Analysis
r
NO Is this item related to revenue? (7) c)
NO Is this item an expenditure? If so, please identify funding source below. :�'
General Account No:
Special Revenue Account No: == =, I ry
CIP Project No: !j= _
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bam],,
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
Final Approvals
(SIGN AND DATE)
CIP N/A Budget
N/A
If using or receiving capital funds
Grants N/A Risk Management
Purchasi N/A Dept. Director Aid"
a
Chi /,��� A I» City ManagerildiaM
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SUPPLEMENTAL SHEET
Subject: 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 an Easement Agreement ("Agreement") to provide Flagstone a non-
exclusive easement for the limited purpose of vehicular and pedestrian ingress and egress for delivery
and fire safety and emergency vehicles and access to alter and improve the easement area with prior
approval of the Chief Executive Officer in connection with the Flagstone Island Gardens project. The
Agreement provides for Flagstone, at is 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.
This Agreement and the easements shall become effective immediately upon the mutual execution
and shall remain in full force and effect unless and until either the Agreement to Enter Into Ground
Lease is terminated or expires in accordance with its terms, without the Ground Lease having been
mutually executed and delivered, or the Ground Lease is terminated or expires in accordance wit its
terms.
The Board of Trustees of the Internal Improvement Trust Fund approved this easement at its meeting
of June 24, 2004.
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