2005 0609 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting June 9, 2005 City of Sunny Isles Beach, Florida assurances from FDOT that it wouldn't happen. He said that is one of the reasons why there are no structures on this park-like setting, so ifFDOT does need to go in there to do any kind of maintenance of the under structure of the causeway they can get in there freely without destroying any of this improvement that we are making there because the middle would be a parking lot. Mayor Edelcup asked if both parties acknowledged the prior right of that, and Acting City Attorney Wright said it was provided in the agreement. Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution, as amended. Resolution No. 2005-807 was adopted by a voice vote of 5-0 in favor. 10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Negotiate and Enter into a Third Amendment to the Agreement in Substantially the Same Form as the Agreement Attached hereto as Exhibit "A", by and between the City of Sunny Isles Beach and the Newport Operating Management Corp., D/B/A Newport Beachside Resort, its Successors or Assigns ("Permittee"), to Temporarily Close Pier Park; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. (Moved to Item 12A) 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion regarding an Amendment to the Ingress Egress Agreement with La Perla Sunny Isles, LLC for the Temporary Closure of Pier Park. Action: Mayor Edelcup asked Stanley Price to address this item. Public Speakers: Stanley Price Esq.; Richard Lamandon Stanley Price, Esq., representing La Perla/Cornerstone Group, reported that they were approved originally for the La Perla Development in 2002, and they have run into a lot of issues with the Park, which ultimately led to a resolution with the City in an Egress Agreement with the City in 2004. He said since they entered into that Agreement they have been fully cooperative with the City but because of the importance of the Park closure, they were asked in February 2005 to submit a schedule of events and on February 14,2005 they submitted a letter to Clayton Parker advising him of the construction schedule. He said that in early June 2005, in order to ensure that their construction schedule can be met in terms of life safety issues for people using the Park, commence work on improving the Park, closing off the area during the construction. Part of their agreement was that no construction staging could take place in the Park so they provided a construction schedule whereby that portion of the project closest to the Park would be the last portion of construction which is the wall of ]4