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:, .
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Jane A. 'Hines,.City qerk
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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
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Permit Agreement Newport1
Legislation/Resolutions/Attorney
12/1/03 -- 11:36 AM Gb)
Moved by:
Second by:
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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"
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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.
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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.
"CITY"
"PERMITTEE"
CITY OF SUNNY ISLES BEACH
NEWPORT OPERATING MANAGEMENT
CORP. d/b/a NEWPORT BEACHSIDE RESORT
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