2010-1216 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting December 16,2010 City of Sunny Isles Beach, Florida 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida Expressing Support for the Florida Department of Transportation's South Florida East Coast Corridor Study for Transit Service Between Miami and Jupiter, to Enhance Mobility in the Southeast Florida Region; Endorsing Regional Rail as the Basis for a Locally Preferred Alternative; and Acknowledging Potential Station Locations; Directing the City Clerk to Transmit a Copy of this Resolution to the Agencies stated Herein; Providing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Conner reported. Public Speakers: None Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this resolution. Resolution No. 2010-1657 was adopted by a voice vote of 5-0 in favor. 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Ground Lease, Development Agreement and Design-Build Agreement between the City of Sunny Isles Beach and 4M Investors, LLC., in an Amount Not to Exceed $15,000,000.00, in Substantially the Same Form as the Attached Exhibits "A", "B" and "C", Attached Hereto, to Develop an Upscale Lifestyle Center/Park and Parking Garage, and Aquatic Entertainment Center; Authorizing the City Manager and the City Attorney to Negotiate Agreements with 4M Investors, LLC for Approval by the City Commission Within 60 Days; Authorizing the City Managcr to Exccutc Said f.grccmcnts Providing that thc Agreements are Revie'vved for Legal Sufficiency by the City f.ttorney; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: A revised Design-Build Agreement was distributed prior to the meeting. See additional action under Item 4A.} City Clerk Hines read the title, and City Attorney Ottinot reported noting that a revised Design-Build Agreement was distributed. He noted that he and the City Manager met with the Developer to commence negotiations, and staff and Developer have exchanged contract documents which is brought before the Commission tonight. Staff is comfortable with those documents which will allow staff to go forward with future negotiations and finalize the agreements for this Project. He summarized each agreement as follows: Ground Lease: The Ground Lease is for 99 years, and it requires the Developer to pay $324,000 each year with appropriate increases pursuant to the Consumer Price Index (CPI). The Developer will have the first four (4) years rent free, however, the Developer will be responsible to pay the taxes. The City will have the right to use portions of the Aquatic Entertainment Center described as ballroom and banquet facilities for City sponsored events nine (9) times per year which will be free of charge however, the City would have to use the vendor that is on site. In addition to the base rent, the Developer is required to pay the City 4% of gross receipts from sale of tickets, food, or any other items within the Aquatic Center. With respect to the Aquatic Center and the retail shops within that Center, the Developer is responsible to pay the construction finance of that project. The Ground Lease is consistent with the Letter of Intent that the Commission previously approved several months ago. Also, the Developer is precluded from using City 6