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Date: 11/17/2005
AGENDA ITEM SUMMARY FORM
FILE ID: VS
Requesting Department: Public Facilities
Commission Meeting Date: 12/15/2005 District Impacted: 2
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Grant of Permanent Access Easement Agreement to the City located on Watson Island
Purpose of Item:
The administration recommends that the Miami City Commission adopt the attached Resolution
authorizing the City Manager to accept a Grant of Permanent Access Easement Agreement
("Agreement"), in substantially the attached form, on City -owned property located on Watson Island
from the Flagstone Island Gardens, LLC ("Flagstone") to provide for vehicular and pedestrian ingress
and egress and access to and from approximately 72,940 square feet of land leased to Flagstone, as
more particularly described in Exhibit "A" attached hereto and made a part hereof; with terms and
conditions 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:
Cr,
(.)
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bolds? r ,
ry
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
CIP N/A
Final Approvals
(SIGN AND DATE)
Budget N/A
If using or receivin capital funds
Grants NIA Risk Manage
Purchasin N/A Dept. Directo
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Pate 1 of 2
SUPPLEMENTAL SHEET
Subject: Grant of Permanent Access Easement Agreement to the City 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 the City a permanent
non-exclusive easement for the limited purpose of vehicular and pedestrian ingress and egress and
access and delivery to and from the City property during the entire Lease Term for Flagstone Island
Gardens. Should any of the City's operations conflict with Flagstone, its Major Subtenants, Sub -
Subtenants, Space Tenants, licensees, agents, successors or assigns or the general public, Flagstone
shall have the right to impose reasonable rules and regulations as approved by the Chief Executive
Officer to govern the use of the Easement Area to eliminate or minimize such conflicts or
interference.
This Easement 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
with its terms.
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