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Purchasing N/A
Chief
AGENDA ITEM SUMMARY FORM
FILE ID: OS- O i 410
Date: 12/14/2005
Commission Meeting Date: 1/12/2006
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Requesting Department: Public Facilities
District Impacted: 2
Type: ® Resolution ❑ Ordinance 7 Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Grant of South Plaza 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 South Plaza South Plaza 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 portions of Watson Island,
as more set forth in the Agreement, for the limited purpose of construction access and activities
related to the design, construction and maintenance of the public improvements; 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 Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
CIP N/A
Final Approvals
(SIGN AND DATE)
Budget N/A
[f using or receiving capital funds
Grants N/A Risk Manage
Dept. Directo
City Manager
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SUPPLEMENTAL SHEET
Subject: Grant of South Plaza 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 construction access and activities related to the design,
construction and maintenance of the public improvements, 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 the public's use, which may include but not be limited to roadways, landscaping,
irrigation, hardscape enhancements, traffic, directional and informational signage. 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 wit its terms.
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