2013-1017 Regular City Commission Meeting (2)

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Summary Minutes: Regular City Commission Meeting October 17, 2013 City of Sunny Isles Beach. Florida Action: [City Clerk's Note: Item IOP and related Item ]OR here heard together.] City Clerk Hines read the title. and City Manager Russo reported noting that this is changes to the prime Lease that we made with Dr. Cornfeld to conform to the Sublease. The Sublease was done with the intent of bringing Quarterdeck into the fold with a tri -party Agreement to require them to make the payments to the City and to clear up a number of operating issues to move this along quicker. The major changes are: we are going right to the higher monthly rent in anticipation of Quarterdeck immediately applying for permitting for outdoor additional seating: they are responsible to make the payments directly to the City; and there are also a number of smaller changes. We have also agreed to provide up to $40.000 for further changes as they will be making some substantial changes all to the positive that need to be done. They seem to have a very successful model for this type of operation. Also, any items dealing with trash is in the prime Lease, and Section 12.7 is deleted out of the Sublease. City Attorney Ottinot said that Quarterdeck had requested that the City construct a trash area/facility near Pier Park and the City Manager had indicated that the City will not accept that obligation, as it is something that Quarterdeck can work out with Dr. Comfeld. Public Speakers: None Vice Mayor Aelion asked what the capacity is for the restaurant. and City Manager Russo said about 240 seats. Vice Mayor Aelion asked about handicap access which he had already discussed with the City Manager and this requires a variance on what was already decided for entry fees into the Pier for fishing. He had calls from handicapped people with wheelchairs, etc., and he thought it was not proper for them to pay to get into the Pier. City Manager Russo said that issue has been resolved, and that is more related to the Management Agreement with Dr. Comfeld. Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2013 -2137 was adopted by a voice vote of 5 -0 in favor. 10Q. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida. Approving the First Amendment to Perpetual Open Space Easement between the Ciry of Sunny Isles Beach and Ocean Reserve Condominium Association, Inc. Relating to Heritage Park, in Substantially the Same Form Attached Hereto as Exhibit "A"; Providing the Mayor with Authority to Execute Said Amendment: Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution: Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported that the City was granted a one acre easement from Ocean Reserve Condominium when they constructed Heritage Park and Parking Garage. In exchange for that one acre the City, was required to build eight (8) outdoor parking spaces. and we built only five (5). Throughout 1 % years of negotiation the City and Ocean Reserve were able to settle that issue. We agreed to make those five (5) spaces for Ocean Reserve and also agreed to give them three (3) parking passes within our parking garage that they can use but not designated spaces. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2013 -2138 was adopted by a voice vote of 5 -0 in favor. 27