2011-1004 Special City Commission Meeting

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Summary Minutes: Special City Commission Meeting October 4,2011 Sunny Isles Beach, Florida that we are dealing with, with no strings attached, and City Attorney Ottinot said yes, with no strings attached. Commissioner Scholl said we have to be careful, we are under a no shop clause and we have the lawyer setting in the front row, and Mayor Edelcup said what we should be doing is determining if we want to negotiate or you don't want to negotiate because we are walking down a path. City Manager Cohen said the question at this point is, is this lease along the same terms and conditions that the LOI is, and he thinks it is, it is a question as to approve it or not. Commissioner Aelion said we are bound to what the City Attorney said by not being able to negotiate with any other entity while we are negotiating on this, and City Attorney Ottinot said based on the approval of the lease. Mayor Edelcup said you have one option right now, either approve this or decide that you want to rescind the negotiation so that you can open the door to talk to both people. If you don't want to talk to both people then we can proceed but if you are going to start talking to both people before we start talking any further, we need a vote right now as to do we or don't we want to move forward with the current lease. If the vote on that is no, then you can be open to negotiations. Commissioner Scholl said that Gil Dezer is a great developer, he is the backbone to our City, but the fact of the matter is we acted in good faith, this was obviously good enough at the last meeting, the material terms haven't changed, all we are doing now is just approving the lease, and the lease is no different than what we approved at the last Commission meeting. The business terms of the deal have not changed, that is what we have to concern ourselves as a Commission. We have lawyers to worry about the legal issues. He feels that we have gone down the road, he doesn't even want to speak to the Dezer's because he feels we are violating our no shop agreement in the LOI if we even sit up here and debate. Vice Mayor Thaler said he feels we are even stronger based on the few changes that were made from where we were before, and Commissioner Scholl said he agrees and he pointed that out at the last meeting. We have tightened it up considerably and we have the protections that we were looking for and we were comfortable with it. He is concerned that if we kill this deal, we go down the road with Dezer or somebody else, it falls apart for some reason, and these guys find something else to do, and we are out. He doesn't feel that everybody is going to be waiting to do a development deal in this economy and we should also consider that. Mayor Edelcup asked for a motion to approve this, if the vote is yes then it becomes moot, and Commissioner Gatto asked for clarification, that we are not permitted to entertain a second party on this, and Mayor Edelcup said you are if you want to change the rules. Commissioner Gatto said she came with different expectations, and initially in the first meeting she voted to have both parties pitch, and so she doesn't come here in the same mindset, the second meeting she had no choice. Mr. Steinman said that the rules are that we have a LOI, you agreed to negotiate in good faith to the LOI to form a ground lease, they have been consistent with that, the rules are also that you should not deal with anyone else while we are negotiating that ground lease. Gil Dezer said that he wanted to dispel some untruths that were told earlier today about him not being able to deliver, there are three beautiful buildings across the street that he delivered well without any issues, bankruptcies, etc., as well as Commissioner Scholl's comment about people not lining up to do buildings here in Sunny Isles Beach, and there are, and Commissioner Gatto's approach oflet's talk to two people, in reality if you post this and list it 8