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HomeMy WebLinkAboutReso 2003-615 RESOLUTION NO.2003-klS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING SECOND AMENDMENT TO 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 AND DATED DECEMBER 13, 2001, APPROVED BY RESOLUTION NO. 2001-400; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution No. 99-177, adopted on November 2, 1999, the City Commission approved a Permit Agreement between the City and the Newport Operating Management Corp., d/b/a Newport Beachside Resort, its successors and/or assigns (the "Permittee"); and WHEREAS, by Resolution No. 2001-400, adopted on December 13, 2001, the City amended the Permit Agreement to provide ingress and egress to the Permittee in connection with a condominium tower project, which was approved pursuant to Resolution No. 02-Z-66; and WHEREAS, the City and the Permittee have agreed to modify the Permit Agreement to, among other things, provide for certain revisions to the Pier Park Plans as set forth in the Amended Permit Agreement, attached hereto as Exhibit "A". 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 Amendment to Permit Agreement: The City Commission hereby approves the Amended Permit Agreement, attached hereto as Exhibit "A". Section 3. Effective Date: This Resolution shall be effective upon adoption. PASSED AND ADOPTED this ~ day of ~~la.e,.y ,2003. ATTEST:, . ~ . ...! '. ..., .' "" ,I . '" ".' '\ ~41~L Jane A. 'Hines,.City qerk ;1 Permit Agreement Newport1 Legislation/Resolutions/Attorney 12/1/03 -- 11;36 AM Gb) 1 APPROVED AS TO FORM AND LEG L SUFFICIENCY: VOTE: S-O Mayor Norman Edelcup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler "\ Permit Agreement Newport1 Legislation/Resolutions/Attorney 12/1/03 -- 11:36 AM Gb) Moved by: Second by: Yes V yesJ.L yes .JL' yes JL:. yes -iL 2 ~L~ (Y\ClttQr ~O()"W\IT~~ bYY\ YY\\ <( ,1l)1\)/f' of? U,L ~ ~ I ftf: no no no no no ... ~ . . SECOND AMENDMENT TO PERMIT AGREEMENT THIS AMENDMENT is made as of the ~ay of December, 2003 by and between THE CITY OF SUNNY ISLES BEACH, FLORIDA (the "City") and NEWPORT OPERATING MANAGEMENT CORP. d/b/a NEWPORT BEACHSIDE RESORT, and its successors and assigns ("Permittee"). RECITALS A. Pursuant to Resolution No. 99-171, adopted by the City on November 2, 1999, the City and Permittee have entered into that certain Permit Agreement dated as of November 21, 1999 (the "Permit Agreement"). B. Pursuant to Resolution No. 2001-400, adopted by the City on December 13, 2001, the City approved "ingress and egress of the Permittee as a prerequisite to, and in connection with, and anticipated zoning application for a proposed condominium tower" (the "Project"), to be located adjacent to the existing Beachside Resort, subject to the approval by the City of the zoning application for the Project, as well approval of a detailed plan reflecting certain changes to an adjacent property, known as "Pier Park" (the "Pier Park Improvements"). C. Pursuant to Resolution No. 02-Z-66, adopted by the City on February 5th, 2003, the City approved the zoning application for the Project, as well as the plans for the Pier Park Improvements, as reflected in those certain plans prepared by Witkin Design Group, consisting of 3 sheets dated, signed and sealed as of November 20, 2001 (the "Pier Park Plans"). D. The City and Permitee have agreed to modify the Permit Agreement to, among other things, provide for certain revisions to the Pier Park Plans, as hereinafter set forth. NOW THEREFORE, in consideration of the premises, and the mutual covenants and provisions set forth herein, the City and the Permittee agree to amend the Permit Agreement as herein set forth. 1. Recitals. The foregoing recitals are true and correct and are incorporated by reference herein. 2. Revisions to Pier Park Plans. Permitee shall construct the Pier Park Improvements in accordance with the Pier Park Plans, as amended Witkin Design Group, and consisting of 3 sheets dated, signed and sealed as of November 20,2001, and last revised on November 26, 2003 (the "Revised Pier Park Plans") attached hereto as Exhibit "A". Permittee and City acknowledge that in the future additional revisions may be made to the Revised Pier Park Plans to include certain additional restrooms, lighting and other improvements to Pier Park apart from Permittee's obligations which are to be provided and paid for by the developer of the "Jade Beach" project, as agreed to in connection with its zoning approval. Exhibit "A" l>-..: ' 3. Terminations of Permit Rights. Except as may be provided in this Amendment, all further rights and obligations of the Permittee to maintain, operate and manage Pier Park (the "Permit Rights "), which were granted by the City by Permittee pursuant to Section 2 of the Permit Agreement, shall terminate upon completion of construction of the Pier Park Improvement, and be of no further force or effect and any specific ingress and egress/access rights originally granted to Permitee under the original Permit are hereby terminated. Notwithstanding the foregoing, those obligations of Permittee under Section 5 of the Permit Agreement, relating to the provisions and payment of a lifeguard, as extended by Resolution No. 2001-400, relating to the provisions and payment of lifeguard are specifically acknowledged, and shall remain in full force and effect until February 1,2005. 4. Parking Spaces and Beach Access. Permittee and the City acknowledge that the Revised Pier Park Plans include the construction and/or re-paving of 29 parking spaces, to be located within Pier Park, which upon completion shall be maintained, operated and managed by the City, and that the City shall be entitled to all revenue derived therefrom. Permittee agrees that, during the construction of the Pier Park Improvements, it shall at all times continue to provide adequate beach access through Pier Park as well as at least 29 parking spaces available for use by the general public, which shall be located, either in whole or in part, within Pier Park or within the parking lot operated by Permittee located on the west side of Collins Avenue. Upon completion of the Project, Permittee shall provide an additional 29 parking spaces within the Project, which shall at all times be made available for valet parking by members of the general public desiring to access the Pier Park beachfront at the same price charged by City at Pier Park. Permittee shall be entitled to retain all fees charged for the use of the parking spaces to be located with in the Project. 5. Access rights. The City hereby reaffirms and grants to Permittee and its successors and assigns, including the owners and occupants of residences in the Project, and their respective guests and invitees, the right to use Pier Park for pedestrian and vehicular ingress and egress to and from the Project specifically, in accordance with Resolution No. 2001-400. Notwithstanding the foregoing, Permittee and its successors and assigns are specifically prohibited from utilizing Pier Park for any construction staging purposes. The Permittee and its successors and assigns hereby agree to indemnify and save the City harmless from any and all claims, liability, losses and causes of action which may arise as a result of this Amended Permit and specifically this paragraph, unless such claim, liability, loss or cause of action is the result of the City's negligence. 6. Permits. Upon its execution of this Amendment and on compliance with all previously imposed conditions set forth in Resolution No. 02-Z-66, the City agrees to immediately issue the building permits required for the Project. 2 '. 7. Term. Unless the context otherwise requires, all initial capitalized terms used but not defined in this amendment, shall have the meaning or meanings given to such terms in the Permit Agreement. This Amendment shall be deemed a part of, but shall take precedence over and supersede any provisions to the contrary contained in, the Permit Agreement. All references in the Permit Agreement or this Amendment to the "Agreement" or the "Permit Agreement" shall be deemed to refer to the Permit Agreement as modified by this Amendment, unless the context otherwise requires. 8. Conflict. In the event there is any conflict between this Amendment and the Permit Agreement the terms and conditions of this Amendment shall control. EXECUTED as of the date and year set forth above. 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