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<br />- <br /> <br />Regular City COmmission Meeting <br /> <br />June 3, 2004 <br /> <br />City of Sunny Isles Beach, Florida <br /> <br />Commission During the Five Year Period COmmencing with the Passage of this <br />Resolution, and Recordation of Documentation; and Providing for an Effective Date. <br /> <br />Action: City Clerk Hines read the title and City Attorney Dannheisser reported. <br /> <br />Public Speakers: Clifford Schnlman, Esq.; Henry Kay; Bobbi Sweed; Mary Ann Eicke; <br />Bill Thompson with the Related Group of Florida <br /> <br />Clifford Schulman, Esq., on behalf of the applicant, said that they would like the City to <br />accept the Casino property, 3.46 acres of real property, as a sender site for Transfer <br />Development Rights and for the creation of a park. <br /> <br />City Attorney Dannbeisser reported that this Resolution is correct through Section 2 Item <br />3, thereafter there are some amendments. She said as of this afternoon the applicant and <br />the City have agreed on the following: a bond will be posted in tbe amount of <br />$800,000.00 to Cover the costs of construction sbould the City need to complete <br />construction of the park, provided however that the applicant has agreed that it will, in <br />fact, pull the permits and do the construction and remediate the property of any <br />environmental contamination if there is any, and secure all permitting, including <br />en vironmental permitting, as necessary, that's provided that the City approve a site plan <br />of the park within the next sixty (60) days substantially in accordance with the prior <br />preliminary plan submitted by staff. City Manager Russo said that he would bave a <br />complete site p Ian for Commission approval on the June 17, 2004 Commission meeting. <br /> <br />City Attorney Dannheisser noted that basically we are going to be needing a closing as <br />this is a Contract, and we will say within 30-days but will try to condense it into two <br />weeks, we are going to resolve any title issues or defects of title that may now exist, we <br />will meet, we will identify them and give the applicant an opportunity to CUre them or <br />make a deCision that We can live with and accept the property. She said that we will also <br />be delivered a warranty deed along with an updated survey witbin 30-days of this <br />approval, and when that deed is delivered and recorded, at that time the Development <br />Rights will be transferred to a bank for withdrawal from whomever the applicant sells <br />them to. She said in addition, there will be an agreement, as in the resolution right now, <br />that the applicant will eXecute and any other documents deemed reasonably appropriate <br />by the City Attorney or the applicant in order to effectuate that transfer. She said any <br />disagreement between the parties regarding the reasonableness of the requests Would be <br />determined by this COmmission. She fUrther noted that this Would be subject to final <br />approval of plans by the Commission, and costs estimates will be done by the applicant <br />after the plans are reviewed. She said in addition we are going to retain in the language <br />what is before the Commission, a $5,000.00 bond or escrow or other form of security <br />reasonably acceptable to the City Manager and City Attorney, representing tbe potential <br />cost of environmental remediation or monitoring and an indemnity agreement which is <br />attached as an exhibit. City Attorney Dannheisser said that all the language that remains <br />in here about the option to construct or not, is coming ont and the app Iicant is agreeing to <br /> <br />10 <br />