HomeMy WebLinkAboutSummary FormDate: 11/17/2005
AGENDA ITEM SUMMARY FORM
FILE ID: U5 - 0120(0
Requesting Department: Public Facilities
Commission Meeting Date: 12/15/2005 District Impacted: 2
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Temporary Construction 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 Construction Easement ("Agreement"),
in substantially the attached form, on City -owned property located on Watson Island, to Flagstone
Island Gardens ("Flagstone"), to provide for: 1) temporary non-exclusive use of approximately 6.53
acres of land as more particularly described in Exhibit "A" attached hereto and made a part hereof, as
a primary staging area, and/or sales and construction offices and equipment and materials lay -down;
2) temporary non-exclusive use from time to time, subject to availability, of approximately 48,289
square feet of land, as more particularly described in Exhibit "B" attached hereto and made a part
hereof, as an additional staging area and/or construction and sales offices; and 3) temporary non-
exclusive use of approximately 93,853 square feet of land, as more particularly described in Exhibit
"C" attached hereto and made a part hereof, for the purpose of providing ingress and egress to and
from the staging areas and for sales and/or construction offices and equipment and materials lay -
down, 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. 72
General Account No: r., ,--)
Special Revenue Account No: <<
CIP Project No: '> ..,_ rti3
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bilpds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
CIP N/A
Final Approvals
(SIGN AND DATE)
Budget N/A
If using or receiving capital funds
Grants N/A
Purchasin /A
C
to
CT)
0)
Risk Management
Dept. Director
City Manager
Pase 1 of 2
Subject: Temporary Construction 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 Construction Easement Agreement ("Agreement") to
provide Flagstone a non-exclusive easement for the limited purpose of construction staging, and/or
sales and construction offices related to the Project and equipment and material lay -down in
connection with the Flagstone Island Gardens project. The 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 Agreement shall
expire on the earlier of one (1) year after Occupancy Date or such earlier date as is mutually agreed
upon by the parties; provided however, that this Agreement shall sooner terminate if the Agreement
To Enter Into Ground Lease is terminated or expires in accordance with its terms. The Occupancy
Date is defined in the Lease Agreement as the first date on which both Hotels are Open for business;
however, in no event shall the Occupancy Date be later than the earlier to occur of (i) twelve (12)
months after the date on which the first Hotel is Open for Business; or (ii) the Promised Completion
date as defined in the Development and Construction Rider of the Lease Agreement.
In consideration of granting this Agreement, Flagstone shall construct improvements to the Easement
Area at a cost of up to $1,000,000 to improve the open space. Improvements to the open space may
include playground, parking area, security systems, restroom, underground utilities, fencing,
observation area and open air pavilion. In addition, Flagstone, at its sole cost, shall repair and restore
to a condition acceptable to the City, all areas used by Flagstone, its employees, agents, contractors,
subcontractors and visitors for ingress and egress thereto, or damaged as a result of the use of the
Easement Area,
The Board of Trustees of the Internal Improvement Trust Fund approved the City's issuance of an
easement to Flagstone at its meeting of June 24, 2004.
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