HomeMy WebLinkAboutReso 2001-400
RESOLUTION NO. 2001-400
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY tSLES
BEACH, FLORIDA, AMENDING THE PERMIT AGREEMENT BY AND BETWEEN
THE CITY OF SUNNY ISLES BEACH AND THE NEWPORT OPERATING
MANAGEMENT CORP., D/B/A NEWPORT BEACH SIDE RESORT, ITS SUCCESSORS
OR ASSIGNS ("PERMITTEE"), DATED NOVEMBER 2, 1999, APPROVED BY
RESOLUTION 99-171; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR APPROVAL OF CHANGES IN ORIGINALLY APPROVED
SPECIFICATIONS AND PERMITTEE'S OBLIGATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on November 2,1999, by Resolution 99-170, the City Commission of the
City of Sunny Isles Beach approved an Interlocal Agreement transferring the Gilbert Samson
Park from Miami-Dade County to the City of Sunny Isles Beach, including the Permit
Agreement by and between the City of Sunny Isles Beach and the Newport Operating
Management Corp., d/b/a Newport Beachside Resort, its successors and/or assigns (the
"Permittee"), which granted to the Permittee a term of 99 years in consideration of the provision
of a life-guard and maintenance of park facilities; and
WHEREAS, in accordance with paragraph 16 of the Permit Agreement, the Agreement
provides that it is "the intention of all parties that Permittee shall have unimpeded access to the
pier, and adjacent hotel property, at all times"; and
WHEREAS, in accordance with paragraph 8 of the Permit Agreement, the Permittee
must obtain prior written approval from the City for any changes from the originally approved
specifications, business activities, signage and graphics; and
WHEREAS, Permittee now wishes to build a condominium tower adjacent to the
Newport Beachside Resort, which is the subject of an anticipated zoning application to be heard
subsequent to, and provided, that the City Commission approves ingress and egress through the
Pier Park for the project, in accordance with this Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals: All recitals set forth in the "Whereas" clauses, are
incorporated herein by reference as if same were fully set forth herein.
Section 2. Approval of Change of Originally Approved Specifications: The City
Commission hereby approves ingress and egress of the Permittee as a prerequisite to, and in
connection with, any anticipated zoning application for a condominium tower, to be located
adjacent to the Beachside Resort ("the Project"), provided however, that the Commission so
approves such zoning application when, and if, it is properly presented for public hearing,
including a detailed plan reflecting the changed ingress and egress points as well as a detailed
plan of the Pier Park changes. This approval, however, is a condition precedent to the review
R2001-4DO Permit Agreement Newport
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and recommendation of such an application by the Zoning and Planning Director and becomes
effective only if the City Commission approves said zoning application for the project. This
approval is conditional on a plan that reflects all service vehicles have a separate service
entrance. If Permittee expends any monies in connection with this approval, it shall do so at its
own risk.
Section 3. Permittee's Obligations. In accordance with Paragraph Five (5) of the Permit
Agreement and in consideration of this approval of Permittee's request, the City Commission
requires, and Permittee shall agree to extend its obligations, with respect to the lifeguard services
at Pier Park until the City Commission lifeguard services at the Gilbert Samson Oceanfront Park
commences and, thereafter, for an additional two and one-half (2 1/2) years.
Section 4. Effective Date: This resolution to allow a change in the location of the ingress
and egress as set forth in Section 1, hereinabove, shall not become effective unless or until the
zoning resolution for the construction of such a condominium tower is also approved by the City
Commission.
PASSED AND ADOPTED this 13th day of DeCerfJ, 200\.
1_ l tUttY
David Samson, Ma r
By:
ATTEST:
~~~lk
Richard Brown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VOTE: 5-D
Moved by:
Second by:
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C .\ ~ 'Of\j~R-\'{~Fm-l\rJ
Mayor David Samson
Vice Mayor Iglesias
Commissioner Edelcup
Commissioner Goodman
Commissioner Kauffinan
yes~
yes V
yes V
yes~
yes V
no
no
no
no
no
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