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HomeMy WebLinkAboutSummary Form44,Y "F AGENDA ITEM SUMMARY FORM Law Department �y1 Matter ID No. FILE ID: 15-01433 15.173 Date: 10/20/2015 Requesting Department: Real Estate & Asset Mana eg merit Commission Meeting Date: 11/19/15 District Impacted: 2 Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item ❑ Other Subject: Resolution authorizing the City Manager to execute the Access Easement and Indemnification Agreement between the City of Miami, Grove Bay Investment Group, LLC and Grove Harbour Marina and Caribbean Marketplace, LLC, allowing for the use, improvement and re -alignment of Charthouse Drive. Purpose of Item: A Resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to execute the Access Easement and Indemnification Agreement ("Agreement") between the City of Miami ("City"), Grove Bay Investment Group, LLC ("Grove Bay") and Grove Harbour Marina and Caribbean Marketplace, LLC ("Grove Harbour") in substantially the attached form, allowing for the use, improvement and re -alignment of Charthouse Drive, with additional terms and conditions as more particularly set forth in the Agreement. Background Information: See Supplemental Page 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 N/A Budg If using or receiving capital funds Grants N/A Risk Management -- Purchasing N/A if Dept. Director - �ZAZ I Chief City �% City Manager Page 1 of 2 SUPPLEMENTAL PAGE Subject:: Resolution authorizing the City Manager to execute the Access Easement and Indemnification Agreement between the City of Miami, Grove Bay Investment Group LLC and Grove Harbour Marina and Caribbean Marketplace, LLC, allowing for the use improvement and re -alignment of Charthouse Drive. Background Information The City is the owner in fee simple of the real property more particularly defined on Exhibit A attached, to and made a part of this Agreement (the "City Tract"). The City and Grove Harbour entered into that certain Lease Agreement, dated March 12, 1999 (the "Grove Harbour Lease"), and with respect to that portion of the City Tract described therein (the Grove Harbour Property"). The City and Grove Bay entered into that certain Lease Agreement, effective as of October 24, 2013 (the "Grove Bay Lease"), with respect to that portion of the City Tract described therein (the "Grove Bay Property"). The City entered into the Lease Agreement with Grove Bay pursuant to that certain Request for Proposal No. 12-13-001 - Lease of City -Owned Waterfront Property for Marina/Restaurant Uses (the "RFP"), which contemplated, among others things, that "the successful Proposer will share the use of Charthouse Drive with [Grove Harbour]" and further contemplated modifications to the roadway and the entering into of an "Access Easement" specifying the maintenance obligations of each of the entities with respect to Charthouse Drive (Charthouse Drive consists of the area identified on attached Exhibit B). Grove Bay has proposed making certain improvements to Charthouse Drive, which includes a change to the alignment of Charthouse Drive, to conform to the plans submitted by Grove Bay to the City and the parties desire to memorialize the agreement reached with respect to such improvements and the use and maintenance of Charthouse Drive. The City will derive substantial benefits from the development and operation of the improvements contemplated by the Grove Bay Lease and based on the terms and conditions set forth in this Agreement, the City has agreed to grant such easement, all as more particularly described herein. Page 2 of 2