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 penalty and get it done in six months. Mr. Lamandon said that at that time they will have about $90 Million out on construction and that is a lot of incentive to get it done. Mayor Edelcup said that what they are saying is that they want to ensure the public that they are going to get their Park back in six months, give us some leverage that the Vice Mayor is asking for. Mr. Lamandon said that what happens today is that someone gives you a commitment to build something and they don't show up when they say they will, and he considers $500 a day as penalty, and Mayor Edelcup said the money is not the issue, he just wants to make sure the City gets the Park back in six months. He said if we can build into the agreement that six months from whenever the agreement starts, that we get the Park back no matter where they are at, barring an act of God or force m~eure. Mr. Lamandon asked Mr. Kidd if they can do it and he said yes. Commissioner Goodman asked if that will include what the Manager said the stub-outs, and Mr. Lamandon said yes. Commissioner Goodman asked if they will be collecting the fees for the 29 parking spaces and Mr. Lamandon said no, they will be parking across the street and that Dr. Cornfeld has agreed to 29 spaces across the street. City Manager Russo said that he has a call into Dr. Cornfeld but he has not returned it yet, but that agreement says that they are parking across the street. Commissioner Iglesias said that he likes the deal. Mayor Edelcup said we need time to put this deal in a documentary form so that we can approve something. Acting City Attorney Wright said to reiterate the terms: 1) Six months to fully construct the improvements including stubbings and stuckups from the date of the effective date of the agreement and there may be an extension of time only for force majeure, and force majeure only includes hurricanes. Mr. Lamandon said he spoke to City Manager Russo today and said if there was an occurrence that is not a hurricane but it is something extraordinary they would communicate with him on that. City Manager Russo said that the one they did discuss which has happened before is an emergency issue with the County Sewer Department. He noted that they have a major overflow sewer line that goes through that Park and they have had to open it up on an emergency basis and actually impacted their construction, and Commissioner Iglesias said that happens when you have excessive rain. Mayor Edelcup said if it is accepted by the City Manager as an exception then the City would allow that to be tolling time. Mr. Price said to define it in the agreement to define force majeure and have the City determined the period of time in which the force majeure is in effect and the Commission agreed. Acting City Attorney Wright also noted 2) the lost revenue that the City is going to be experiencing. She said the City is willing not to go after them for the lost revenue however, they agree to apply the $12,500 per month towards their good faith effort in trying to make sure this Park is completed in time, and City Manager Russo added the stubbing-out of all the utilities that the City needs for that Park, the bathrooms, and Mayor Edelcup stated that it should read in lieu of the $12,500 they will do all the following and list all of that. City Manager Russo said that it would include their due diligence to move quickly and the stubbing-out of the water, sewer, drainage and electric utilities that the City would need. Mr. Price asked that there be recognition in this addendum that the construction of the bathrooms be coordinated with Jade, and City Manager Russo said that they were at the meeting they held and they are doing their best to coordinate that. City Manager Russo also stated that the pedestrian beach access would at all times maintained. Acting City Attorney Wright said that this agreement will come back to the July 14,2005 ]7