Reso 2015-2371 - Laserfiche WebLink

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r NY tS<, City of Sunny Isles Beach City Commission s y y George Bud Scholl,Mayor vte 18070 Collins Avenue, Suite 250 Isaac Aelion,vice Mayor Jeanette Gatto, Commissioner _ = Sunny Isles Beach,Florida 33160 Jennifer Levin,Commissioner * �� (305)947-0606 City Hall Dana Goldman,Commissioner ** " ** (305)949-3113 Fax -s-9$''9 w \'c - (305)947-2150 Building Department Christopher J.Russo City Manager * r ° s Hans Ottinot,City Attorney c'ry P'4o (305)947-5107 Fax Jane A.Hines,MMC,City Clerk OF SUN MEMORANDUM TO: Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager DATE: January 15, 2015 RE: Resolution approving the First Amendment to the License Agreement with Chateau Beach, LLC RECOMMENDATION It is recommended that the City Commission approve the First Amendment to the License Agreement with Chateau Beach, LLC. REASONS To facilitate the construction of Chateau Beach condominium building (the "Project"), the City and Chateau Beach entered into a License Agreement on May 30, 2012, (the "License Agreement") to allow Chateau Beach to use Samson Oceanfront Park (the "Property") for Project staging purposes. The License Agreement requires Chateau Beach to restore the Property to its original condition prior to being used for Project staging purposes. Additionally, the License Agreement required Chateau Beach to install a new playground and make a contribution of Four Hundred Thousand Dollars ($400,000.00) to the City, which they have made. The City is planning more extensive improvements beyond its original condition of Samson Park, and the City desires that these improvements be constructed comprehensively, along with the entire park rehabilitation project,which will be overseen and funded by the City. The parties desire to amend the License Agreement to allow Chateau Beach to pay an additional Three Hundred Thousand Dollars ($300,000.00) to the City in lieu of restoring the Property to its original condition prior to being used for Project staging purposes and installation of decorative pavers in front of the park. The First Amendment further requires that Chateau Beach pay for all expenses associated with a Phase I Environmental test conducted by a firm hired by the City to conduct certain environmental testing of the "staging area". If the environmental test reveals contamination and requires remediation, Chateau Beach agrees to provide the City with a Five Hundred Thousand Dollar ($500,000.00) bond to ensure the Property is clear of any negative environmental conditions caused by Chateau Beach. At the request of the City, Chateau Beach