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 Mr. Price said the reason he asked for deferral earlier this evening was because he thought they were pretty close to a negotiated form, and it would have to come back to the Commission for ratification, as time is at the essence because they are ready to commence construction. He said that what they would like to recommend to resolve this issue is that they would be prepared to give the City an agreement that they would complete the Park in six months subject to force majeure (hurricane contingencies), they would agree to a penalty consistent with the Ingress Egress Agreement that they presently have which is $500 a day, if they do not complete the Park, and they asked to waive the $12,500 fee so they can take the money and hire additional workers to expedite the completion of the Park. He asked that if this is acceptable to the Commission, to adopt a resolution, instruct the City Attorney and him to sit down, reduce this commitment in writing and let them proceed with the closing of the Park. Mayor Edelcup noted that Mr. Price mentioned that they were going to be operating the Park, as he knows, the City cancelled the lease with the operator of the Park because he breached the agreement and that is how the City ended up running it. He said it was out ofMr. Price's control since it was Dr. Cornfeld that was operating it at the time, but it still remains that the City operates it and enjoys $12,500 a month revenue from that operation. City Manager Russo said we are talking about the displacement of the 29 spaces during construction of the Park which would be, by the previous agreement that was made, across the street in the open parking lot of the Newport. Richard Lamandon said that there will be an additional 29 parking spaces and that they would enter through the same driveway except they will be parked by valet from the building. He also noted that the City will be building some bathrooms, although they are not permitted yet and they won't go up at the same time, they have been asked to plumb those out at their cost to do those bathrooms. He said that there is a sewer line that goes from those bathrooms that goes all the way out to the street and if they have to put that sewer line in going all the way out to the street, they will have to once again have to dig up that Park, and close it once again to put in the sewer line. He said that they have been asked as a courtesy if they could run their sewer line across to their sewer line which is on their property for their building and have that service the Park to stop the Park from being closed down a second time to put those bathrooms in. Mr. Lamandon said that they are willing to consider all of that at their cost, but at the same time that they are considering that they are also being asked to be penalized for closing it down, and being asked for an outrageous fee if they don't hit it on time. He said he is willing to spend the $12,500 to get the extra people and get it done for the City in the six-month period of time. He said that they have to bear all the extra cost of putting in running the sewer for the bathrooms, water lines, and being hit on all sides, and if he doesn't get it done in six months to penalize them. City Manager Russo clarified what Mr. Lamandon said and ifit includes all this he would go along with it: stubbing out ofthe sewer line, water line, drainage line, and electrical conduit to be put in there. Mr. Lamandon asked A.C. Kid, General Superintendent of Alliance Construction, if that was all the extra cost they had talked about earlier and he said yes, and agreed. Vice Mayor Thaler said the way they have laid this out he feels that the City needs some leverage to get that Park finished in six months and that they should have a bigger ]6