HomeMy WebLinkAboutSummary FormDate: October 4, 2006
AGENDA ITEM SUMMARY FORM
FILE ID: 0 6' 4 (�
Requesting Department: Public Facilities/Asset Mgmt.
Commission Meeting Date: November 9, 2006 District Impacted: 2
Type: ® Resolution ❑ Ordinance n Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Second Amendment to the Agreement To Enter Into Ground Lease between Flagstone and the
City.
Purpose of Item:
A Resolution of the Miami City Commission, with attachments, authorizing the City Manager to
execute the Second Amendment, in substantially the attached form, to the Agreement To Enter Into
Ground Lease ("Agreement") between the City of Miami ("City") and Flagstone Island Gardens, LLC
("Flagstone"), to provide for: (1) an extension to the Lease Deadline referred to in Section 6.2.1 of the
Agreement to Enter to August 1, 2008; (2) an extension to the Outside Date referred to in Section
6.2.3 of the Agreement to Enter to August 1, 2008; and (3) clarification of certain responsibilities
related to the platting and development matters.
Background Information:
Purpose of Item:
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:
Final Approvals
(SIGN AND DATE)
CIP NIA Budget NIA
If using or receiving capital funds
Grants N/A
Risk Management A
Dept. Director
City Manager
Paae 1 of 2
SUPPLEMENTAL SHEET
Subject: Second Amendment to the Agreement To Enter Into Ground Lease between Flagstone and the
City.
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 aspects of the Watson Island RFP and the Island
Gardens Proposal and setting forth the conditions for the future execution of a long-term ground lease
("Lease") with Flagstone Island Gardens.
The conditions provided in the Agreement to Enter set forth the Outside Date as January 1, 2007.
Although Flagstone has been diligently pursuing all required permits and approvals, the 14-month
duration delay experienced with defending against several lawsuits as well as the 28-month process to
obtain all the required environmental permits have made the Outside Date unachievable and requiring
modifications to the Agreement to Enter. This Second Amendment will provide for an extension of 20-
months, thereby amending the Outside Date of the Agreement to Enter to August 1, 2008.
The Amendment also modifies issues related to the responsibility of the platting process related to the
south side of Watson Island. The City will use diligent efforts to complete the platting process on or
prior to February 28, 2007, however should the plat not be completed on or before this date, the
requirement to complete the platting process will be the responsibility of Flagstone.
D
Paae 2 of 2