HomeMy WebLinkAboutSummary FormDate: 9/03/2008
AGENDA ITEM SUMMARY FORM
FILE ID: 6V ,0 i/30
PH.1
Requesting Department: Public Facilities/ Asset Management
Commission Meeting Date: 10/16/2008 District Impacted:
Type: Resolution ❑ Ordinance ❑ Emergency Ordinance Discussion Item [j Other
Subject: Second Amendment to the Temporary Construction Easement Agreement between the City of Miami
and Flagstone Island Gardens, LLC for 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 the Second Amendment, in substantially the attached form, to the Temporary
Construction Easement Agreement ("Agreement") between the City of Miami ("City") and Flagstone Island
Gardens ("Flagstone"), on City -owned property located at Watson Island, Miami, Florida, to provide for the
expansion of the easement area of approximately 10,033 square feet of submerged lands, as more
particularly described in Exhibit "A" attached hereto and made a part hereof, for the limited purpose of
providing ingress and egress to and from the sales and construction offices related to the develop.r�ieitt, as II
well as the reconstruction and repairs to the existing dock and all associated work, with the terms a;id
conditions as more particularly set forth inithe said Second Amendment.
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
If using or receiving capital funds
Grants N/A
Final Approvals
(SIGN AND DATE)
Budget
Risk Management
Purchasin N/ Dept. Director
Chief 137E City Manager,
Pane I of 2
Subject: Second Amendment to the Temporary Construction Easement Agreement between the City of Miami
and Flagstone Island Gardens, LLC for City-ownedoroperty 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
ease") to Flagstone Island Gardens.
On June 24, 2004, the Board of Trustees of the Internal Improvement Trust Fund approved the City's issuance
f an easement to Flagstone.
On January 12, 2006, the City Commission approved the Temporary Construction Easement Agreement
("Agreement") providing Flagstone a non-exclusive easement for the limited purpose of construction staging,
and/or sales and construction offices, and equipment and material lay -down in connection with the Flagstone
Island Gardens project. On December 11, 2007, Flagstone and the City executed the First Amendment to the
Temporary Construction Easement Agreement ("First Amendment"), which provided for a sales and
construction office and parking for the sales center.
The Second Amendment to the Temporary Construction Easement Agreement ("Second Amendment")
provides for an expansion in the size and scope of work on Easement C for Flagstone to conduct dredging,
filling, underwater debris removal, environmental mitigation, dock repairs, and seawall repairs and
reconstruction.
Flagstone shall provide the Chief Executive Officer advance written notice of the date Flagstone will
ommence utilizing the easement pursuant to the terms of the agreement. The term of this Agreement shall
expire on the earlier of: (i) one (1) year after Occupancy Date; or (ii) the termination or expiration of the
Agreement to Enter into Ground Lease.
In consideration of granting the Agreement, Flagstone shall, at its sole costs, construct improvements to the
Easement Area and repair and restore the Easement Area to a condition acceptable to the City.