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HomeMy WebLinkAboutReso 2005-819 RESOLUTION NO. 2005-~q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING APPROVAL OF THE FIRST AMENDMENT TO INGRESS EGRESS AGREEMENT BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND LA PERLA SUNNY ISLES, L.L.C., ITS SUCCESSORS OR ASSIGNS ("PERMITTEE"), TO TEMPORARILY CLOSE PIER PARK; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 2004-671, adopted by the City Commission on May 6, 2004, the City and La Perla entered into that certain Ingress Egress Agreement, which was recorded in Official Records Book 22317 at Page 2928 of the Public Records of Miami-Dade County, Florida (the "Ingress Egress Agreement"); and WHEREAS, on June 9, 2005, the City Commission authorized the City Manager to negotiate and enter into an agreement with La Perla to temporarily close Pier Park for six months for construction purposes; and WHEREAS, La Perla and the City have agreed to modify and amend the Ingress and Egress Agreement to temporarily close Pier Park for six months, as set forth in the First Amendment to Ingress Egress 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. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. Section 2. Ratification of First Amendment to Igress Egress Agreement. The First Amendment to Ingress Egress Agreement with La Perla Sunny Isles, L.L.C. to close Pier Park for six months, attached hereto as Exhibit "A", be, and the same is hereby approved. Section 3. Authorization of City Manager. The City Manager is authorized to do all things necessary to effectuate the terms of this Agreement. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 14th day of July 2 R200S- 1st Amd To Ingress Egress Agmt LaperlaIngress Egress Agmt w/La Perla Page 1 of 2 (. -~ ~ ..' ...J J.to .. ATTES'F: ' ." ,. ~ I , . "'~ ( ." , "-/ ~" '~'. t,~' ...1" '" "." ::' ~(--~! f 'i" '" :c:~A,:~ ','JaneA. H~nes;CitY-.Clerk ',":~ .. '.' 1 / (~,;. ..... . ..... . "- .: "', ,n' ',.. APPROVED AS TO FORM AND LE 1\L SUFFICIENCY: Vote: S-D Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias v (Yes) L/(Y es) l1Y es) ~(Yes) ~Yes) Moved by: ~Y\'\tw\.\S'\H)J.)~ ~Q.~2.\,u Seconded by: 4~fW\l!\ SS.\l)fV~ .::r:l; L.~JITS _(No) _(No) _(No) _(No) _(No) R200S- 1st Amd To Ingress Egress Agmt LaperlaIngress Egress Agmt w/La Perla Page 2 of 2 FIRST AMENDMENT TO INGRESS EGRESS AGREEMENT This First Amendment to Ingress Egress Agreement (this "Amendment") is made as ofthe K to fV\. day of June, 2005, by the City of Sunny Isles Beach (a Florida municipal corporation (the "City") and LA PERLA SUNNY ISLES, L.L.c., a Florida limited liability company, its successors and assigns ("La Perla"). RECITALS Whereas, pursuant to Resolution No, 2004-611, adopted by the City Commission on May 6, 2004, the City and La Pcrla entered into that certain Ingress Egress Agreement, of even date, which was recorded in Official Records Book 22311 at Page 2928 of the Public Records of Miami.Dade County, Florida (the "Ingress Egress Agreement"); and Whereas, La Perla and the City have agreed to modify and amend the Ingress and Egress Agreement. as hereafter set forth. NOW THEREFORE, in consideration of the premises, and the mutual covenants and provisions set forth herein, the City and La Perla agree as follows; I) Recitals. TIle foregoing recitals are true and correct and are incorporated by reference herein 2) Construction of Pier Park Improvements, Section 6 of the Ingress and Egress Agreement is amended to read as follows; 6. Construction of Pier Park Improvements. La Perla shall constmct certain improvements to Pier Park, referred to as the "Pier Park Improvements," in accordance with the Pier Park Plans, as amended by the Witkin Design Group, and consisting of 3 sheets dated, signed and sealed as of November 20, 200 I, and last revised on November 26, 2003 (the "Revised Pier Park Plans") attached hereto as Exhibit "B". La Perla 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 La Perla'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 (the "Pier Park Improvements"). The Pier Park Improvements shall also include the stub"Out of water. sewer and electrical lines to J.~ restroom location and gateho\lse. based on locations to be provided in writing by the City to La Perla bv July] 5 2005, The Cit\' shall close Pier Park, and La Perla shall commence construction of the Pier Park Improvements. immediately after the full execution of this Amendment ("Commencement Date"). La Perla shall complete the Pier Park Improvements within six (6) months from the Commencement Date. subiect to delays caused by matters of "force majeure". as hereafter defined, Upon the occurrence of an event of force maieure. La Perla shall immediately notifv the City Manager in writing informing himlher of the force majeure and the Citv Manager shall reasonably determine the number of days during which the Pier Park Improvements will be delayed.Jmd shaH im.rrlct!l!~~y'notmddLPJrrllLi1!~.TI1IDg.Qf.the number of days tolling of the time thereoffor the constructiQn of the Pier Park Improvements. The City reasonably estimates that as a result of the Pier Park closure. it will experience lost revenue in the amount of $12.500 per month. In lieu of La Perla providing the Cit" with First Amendment to Ingress Egress Agreement Page 2 cash payment of $12.500 for each month that Pier PaIk is close~ La Perla agrees that it will =IY :u amount equal or greater than the a(orementioned amount towards any necessary itio construction ~ng and ~ria1s. La Perla shall promptly make Pier Park ;;Uabk to the C~tY. for re-opening to the public. upon completion of the Pier Park fu;rovements: even if completion ocCurs prior to the end of the 6-month period described above. Time is of the essence as to all dates set forth herein. The term "force maieure" as used in this Agreement. shall mean any "Acts of God". labor strikes (whether lawful or not). commercially unreasonable unavailability of materials. restrictions by any ~overnmental or utility authority. civil riots. fires. hurricanes and tropical stoIlDS which affect Pier Park or the Pier Park Improvements. Notwithstanding the tolling of time for events of force Iru\ieure. in the event that La Perla reasonably determines that the construction of the Pier Park Improvements will not be co\llpleted within the six-month period then. La Perla shall promptly provide written notice to the City Manager regarding the reasons for the delay in the completion of the Pier Park Improvements. 3) Parking Spaces and Beach Access. Section 7 of the Ingress and Egress Agreement is amended to read as follows: 7. Parking Spaces and Beach Access. La Perla 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. La Perla agrees that, during the construction of the Pier Park Improvements, until such time as the Project is completed, La Perla shall at all times provide adequate beach access through Pier Park, f.m: pedestrians (with a minimJIm 5-foot wide pedestrian access 3.(ea) and such access area as may be neces~ary for emergencv vehicles. 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 La Perla or Newport Resort Hotel located on the west side of Collins Avenue. Pier Park shall otherwise be fenced off from the public for safety purposes during such period. Upon completion of the Project, La Perla 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. La Perla shall be entitled to retain all fees charged for the use of the parkUtg spaces to be located with in the Project. 4) Reaffirmation. Except as expressly modified by this Amendment, the terms of the Ingress Egress Agreement shall remain in full force and effect and are hereby ratified and affirmed. No waiver or amendment of any provision of the Agreement, or any amendment thereto, shall be valid or enforceable unless such waiver is in writing and signed by the authorized representative of the party granting the waiver or agreeing to the amendment, respectively. 5) Recordation. This Agreement may be recorded by La Perla, at its sole expense, in the Public Records of Miami-Dade County, Florida, C:\Docwnents and settings\RichardL\Local Settings\Temporary Internet Files\OLK63\Ingress Egress Amendment-04.doc First Amendment to Ingress Egress Agreement Page 3 IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on June, 2005. LA PERLA SUNNY ISLES, L.L.C., a Florida limited liability company Print Name: .A till t).!I "<1 -t~~-~ --:.~ ~ Print Name: N.... ',1 '1.Cc.. 6O""i~'l."O,,"';"}. By: LA PERLA PROPERTY, LLC, a Florida limited liability company, its member By: Print t1~ L..~ J.. \,Nt> ere. IrtA~~ CITY OF SUNNY ISLES BEACH, a Florida Municipal Corporation . ~ By: ~/'~ Christopher 1. Russo, City Manager 1, <..,-., " .1" .~. '~,'.",s.,t:".,..., ~'."',"" ."'A~ > .'. . <:,,' 'I ".~,. , Jane A. Hin~, City Clerk . : ' " , - ., :.;. ~'. ,. ' .. \..) C:\Documents and Settings\RichardL\Loca1 Settings\Temporary Internet Files\OLK63\Ingress Egress Amendment-04.doc 06-2S-2005 11 :25AM FROM-B R V & M, P.A. +S05S7a60S6 T-217 P.001/004 F-618 111I1 BERMi\N RENNERT VOGEL &. MANDLER. P.A. ATTORNEYS AT LAW 100 Southeast Second Street, Suite 2900 Miami, Florida 33131 Phone 305-577-4177 . Fax 305-373-6036 FAX COVER SHEET To: CompanY/Firm Jane Hines Oty of Sunny Isles Beach Christopher Russo Hans Ottinot Jorge Vera Clayton Parker Sender: Email Address: Direct Phone: Direct Fax: Date: File No.: Subject: No. of Pages RE: LA PERLA Phone No. Fax No. 305-947-0606 305-949-3113 Pam Kong okong@brvmlaw.com 305-375-6599 305-347-6479 June 23, 2005 3008 La Perla (including this cover sheet) Attached is the a copy of the certified copy of the Arst Amendment to Ingress Egress Agreement recorded June 23, 2005 in Official Records Book 23504, Page 3401 of the Public Records of Miami- Dade County. Please call me if you need anything further. Tne informauon COnUMl!ld in this facsimile message is attorney privileged and confidential intend8CI only for the use of the Indlv,aual or entity named atlove, If the reaaer of thIS message is not me intenaed recipient, you are hereby nori1'iea mat any alssemlnaUon. dIstribution or copy of this communication is strictly prohibited. If you have received this communication in error. please immediately return me original message to uS at the above address via the U.S. PO$tal Service. Thank you. G.\Ri:AL ESTATE - All Open FdB8IC\Camer&lO/18lCgmemgno Prom,"r\l.A p"~\l:l<8~\S..nI'lY ISISsllsllC/l ooc: 06-23-2005 11 :25AM FROM-B R V & M, P.A. +3053736036 T-217 P.002/004 F-618 Record and return to: Berman Rennert Voge' & Man_, P A '00 S,E. 2nd Street, Sulbl 2900 Miami, FL 33131 CFN 2t)05R0650915 OR BY! IUW4'IJ!! IR~t'I!IIJ}J!~ 1~IJJJt~1111II1111 KECOKOED 06/23/2005-10:01:31 HARVEY RUVIH, CLERK OF COURT. ~IAMI-DA~E COUNTY, FLORIDA FIRST AMENDMENT TO INGRESS EGRESS AGREEMENT This First Amc..'11~nt to Ingress Egress Agrc.:mc:nt (this "Am-:ndmc:nt") is made as oftbe .K.. to 'fV\. day of June. 2005, by the City ofSwmy Isles 8eadJ (a Florida municipal corporation (the "City") and LA PERLA SUNNY ISLES. L.L.C., a Florida limittd liability company, its successors and 3Ssigns ("La Perla''). Jq:CIT ALS Whereas, pursuaat 10 Resolulion No. 2004-671, adopted by me City Commission on M3y 6, 2004, the City 84d LaPcrla. CIltered iDto that ccnain Ingress Egress Agreement, of evom dare, whicb was recorded in Official Records Book: 22317 at Page 2928 of the Public Records of Miarnj.Dade County, Florida (the .'Ingress Egress Agreem.eot',; and Whereas, La Perla and the City have ~ to modify and amend the Ingress and Egress Agreement, 3S baeaftet set forth. NOW THEREFORE. in consideration of the premises. and the mutual covenants and provisions seJ forth berein, the Cit}. aJId La Perla agTet: as follows: ] ) Recitals. TIte forcgoiDII recital:; are trUe and corrl:Cl and an: incorporau:d by reference herein 2) Conscmction of Pier Park. lroprovemqgs. Sootion 6 of the ingrcss and Egress Agreement is ll11ltnded to read 3S follows: 6. Construction of. PIe!' f3rk llI1Jlro\lements. La Perla shall CODStI\1ct certain improverJ1C11ts t.o Pier Park, referred TO lIS me "Pier Park Irnpro~ements:l ill accordance with Ibi: Pier Park Plans. as amended by Ibc Witkin Design GrOLlP, and consisting of 3 sheetS dated. signed and sealed as of November 20, 2001. :aDd last revised on November 26, 2003 (the: nRcvUcd Pier Park Plans") a~'d herem ~ Exhibit "B". la Perla;md City acknowledge that in the future additioD3l revisions may be made w the Revised Pier Park PbDs to include cenaiD additional restrooms, lighting and other improvements to Pier P;uk apart from La Perla's obligations which arc: to bo provided and paid for by the dtSvcloper of the n Jade Beac:b" project, as agreed to in ~nnecQon with its zoning approval (the: ..Pi~ Park ImprovemenTS'''). The Pier Park Jmprovemems shall ~Iso inc:lpde the stUQ..()U[ of vvater. ~~ ~ elecnjcal ]i~ 10 the resuoom localjon and ~{cl\ol<l.$e. based OD locaI1OJJS to be pro\lided in writinS by the CR)' to La Perla bv Illl>, IS'200S. The en\' shall close Pier Park. and La Perla shall cDmrpence consuuction of the Pier Pm Impro\'l:m~nts. immediazely aft~t ~ full execution of this Amendment C'Commencemem Dak'1. La Perla shall complete the Pier P:D'k Improvements wilhin six (6) months from the Commencem~ Dale. subject ro delayJ caused by mt@.tel'S of "forc~ JDiQcurc". as hereafter defined Upon the oc;c:urrence of an cveot.of force ~eure_ La Perla shall immedialel)' lJoti.~ me City Manager in WJifing informing bimlher oflhe force sruUeure and the City ~8er sball reasonably determine the Dum~t of days duril18 which tlh: Pier Pad hnprovements will be delayed qd slJpll !mnlt!di~ely pQti(y La P~jll,~jjJinLofwe number of ~ rollin, of Jl!~ lime thereof for the construction of the Pier Park Impro\'cmcnts. 06-23-2005 11 :26AM FROM-B R V & M, P.A. +3053736036 T-217 P.003/004 F-61B First Amendment to Ingress Egress.Agreement Page 2 :: ":': !!fSI;soo orb eaAlh IIIllIlIh thai: Pier fad< if ~ La Perla ..... t\od it ,.;u ~~o:J~ VeatcI' than the a.foremenDO_ amoum: f.owatds 810'" necessary ~-;;= ~~' 1,;1. Perla ohaIl ~~ ...I<e ~ - ~-e:if~~pa!ilic..n cOnipIaiOo of jhe Pier j'lIrk __ _ ___~_ _:cm _ ~ tel the end of the 6..month period described above. Time is ofme @Stace as to aU dat- set foJth herein_ ._ De term "force ~~.. 3.!l used ip this AJrce1"~ shall mean any "ActS of God" . labor =!:~~\_:==.~~. ,,~labiI~ Pi ~ __ _ J- ___ Q__ _ ----'otlW- Cl~ riOtS. fires. bgmCM'eR and trQplca1 storms which !lllfIi>ri :pier Park or 1he Pier Park 'n:vavemems. ~-::::~~""'l!IllI9ffos1:e 1Dl\ieure. in the ~1lJaI La Perla real _____ ___- of the Pier Park Immovem~ Will DOt be ~~ =~=n:::mthen. ~ u:crla ~hA~l pUlrwd,,~de .mum ~ce to __ M...-_2____- _ del~ 1ft the eou.pJetion of the 'tel' Park hnprovemeDtS. 3) PJdPI\I Sp:tQeI and BplIch Access. Section 7 of the Ingress and Egress Agreement is amended 10 read as follows: 7. ~ Spaces Rnd B_t'h AcceslJ. La Perla and the City acknowledge that the Revised Pier Park Plans iJmlude the consauc:lion aodIor R-PaviDg of 29 parking spaces, 10 be located wiIbin Pier P~ wb.icl1 upon completion shall be maintained. operated and managed by the City. aDd lhat the City shall be entitled to all revenue derived therefrom. La Perla agrees that. cIuring the coasauction of the Pier Park Imp~ u:atil such time as the Project is completed. La Perla sbaU at all times provide adequate beach aca:ss through Pier Park, fm pSestrians (with a minimum S..foot wide pedestrian access ~) and such FesB area ill ~ ~ 1Ieces!8J'V for em~~ vehicles- as well as at least 29 parking spaces available for use by the gen_ public; which sba1l be loqated. eidler in whole or in pan, wilbiD Pier Park or wi1hin the parking lot operated by La Perla or Newport Re9011 HoIellocated on the west side of Collins Avenue. Pier Park shall otherwise be fenced off from the public for mety ~ chJrinJ such period- Upon completion of the Project.. La Perla shall provide an additioual 29 paddDs spaces witbiD the Project" which shall at aU tUnes be made available fur valet parking by manbeIs of the general pubW; desiring to aeeess me Pier Park bead1front at the same price charged by City at Pier Park. La Perla sbal1 be entitled to retain all fees cbatged for the use of'd1e parlcing spaces to be located with in the Project. 4) lIe:tftinmrtion, ~ as expn;ssly modified by lhis Ameudment. tbe tenDS of the Ingress Egress Agreement sbaU remain in full force-and effect and are hereby ratifie4 and affirmed. No waiver or amendment of any provision of the Agreement, or any amendment lheretO. sball be valid or ellfiGeable unless such waiver is in writiDa and signed by the authorized representative of the party granting the waiver or agreeing to the amendment, respeaively. 5) Rscordation. This Agreement may be recorded by La Perla, at its sole expeDS~ in the Public Records of Miami-Dade Couuty, Florida. C:\Documents aDd ~\Loca1 SettiDgs\TeolpOI'UY Internet Fi1es\0I..K63\Jngms Egress ~-04.<b: 06-23-2005 11 :26AM FROM-B R V & M, P.A. +3053736036 T-217 P.004/004 F-618 First Amendment to Ingress Egress Agreement Page 3 BOOK 23504 PAGE 340~ LAST PAGE IN WITNESS WHEREOF. the undersigned bas signed and sealed this instrumeDt on JUJ1e, 2005. LA PERLA SUNNY ISLES. L.L.C.. a Florida limited liability company By: LA PERLA PROPERTY. LLC. a Florida limited liability company. its member By: Print " "..,.. ~T#W1) (~ IffA~~ CITY OF SUNNY ISLES BEACH, a Florida MimicipoI CorpmaIiOD ~ By: ~~ Christopher J. Russo, City Manager .: City,niik , 7:), ,.~;, '. (OJ- '.,,,~, ',~ - or r :. '.,> .. :) ""gCi'\\j#~ . ~.J~ . . , APPRO AS TO FORM AND LEGAL S a.r County COurts D.C. C;\Doc11mcnl8111d Sel1ing:."\Richard1.\Local SetUngs\T~y mterwet Fils:s\0.LK63Ungress EgrClS AJn~em-04.doc