HomeMy WebLinkAboutSummary FormDate: 11 / 17/2005
AGENDA ITEM SUMMARY FORM
FILE ID: 65- - 45-5--
Requesting Department: Public Facilities
Commission Meeting Date: 12/15/2005 District Impacted: 2
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Grant of South Road Permanent 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 Permanent South Road Easement ("Agreement"),
in substantially the attached form, on City -owned property located on Watson Island, to Flagstone
Island Gardens, LLC ("Flagstone"), to provide for the non-exclusive use of approximately 25,903
square feet, as more particularly described in Exhibit "A" attached hereto and made a part hereof, for
the limited purpose of vehicular and pedestrian ingress, egress and access to and from the leased
property ("Property"); with terms and conditions as more particularly set forth in said 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:
NO Is this item funded by Homeland Defense/Neighborhood Improvement B4 ds?
Fri
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
CIP N/A
Final Approvals
(SIGN AND DATE)
If using or receiving capital funds
Grants N/A
Purchasing N/A
Chief /f/!' P 7 ? Gar
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N)
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CO
Budget N/A _
Risk Management grUalc f9n-Le&
Dept. Director
City Manage -
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SUPPLEMENTAL SHEET
Subject: Grant of South Road Permanent 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") with Flagstone.
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 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 easement 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 with 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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