HomeMy WebLinkAboutReso 2006-908
RESOLUTION NO. 2006-3 08
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING RESOLUTION
2005-807 TO APPROVE A SET OF MODIFIED PLANS A TT ACHED
HERETO AS EXHIBIT "A", FOR THE PARK-LIKE
IMPROVEMENTS AT THE WESTERN PORTION OF SUNNY
ISLES BOULEVARD CAUSEWAY; APPROVING AN AMENDMENT
TO THE PARKING LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF SUNNY ISLES BEACH AND FORTUNE BEACH, LLC
ATTACHED HERETO AS EXHIBIT "B"; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUA TE THE AGREEMENT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") has entered into lease agreements with
the Florida Department of Transportation ("FDOT") for use of the parking lots and surrounding
propelty under the William Lehman Causeway and the Sunny Isles Boulevard Causeway; and
WHEREAS, Fortune has agreed to construct park-like improvements at the westell1 portion
of the Sunny Isles Boulevard parking lot in exchange for such use, which has an estimated value of
$300,000; and
WHEREAS, Fortune wishes to amend its site plan for the project to provide for flood
management; and
WHEREAS, Parties have agreed to amend paragraph 3 of the Parking License Agreement
approved by Resolution 2005-807 to require commencement of the park-like improvements on or
before December 9, 2006. Fortune understands and agrees that all other terms and conditions of the
License Agreement approved by Resolution 2005-807 shall remain in full force and effect.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Modified Plan. The modified park-like improvement plan for the
westell1 end of Sunny Isles Boulevard Causeway, attached hereto as Exhibit "A", be, and the same is
hereby approved.
Section 2. Approval of the Amendment to the Parking License Agreement. The Amendment to
the Parking License Agreement between the City of Sunny Isles Beach and FOltune Beach, LLC,
attached hereto as Exhibit "B", be, and the same is hereby approved.
Fortune Beach Park-Like Improve For Sunny Isles Boulevard Page I of 2
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of the Resolution.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
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A TTESr:' -, ',: - (,
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. Jane A. H~nes, CMC, City Clerk
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APPROVED AS TO FORM AND
LEGAL SU FICIENCY
Moved by:
C 6 ~W'\, ~('\ Dl\JE(( GcJ.)1)n\t\t0
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Seconded by:
Vote: ~...b
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
~(Yes)
~Y es)
V(Y es)
V CY es)
~Yes)
_(No)
_(No)
(No)
_(No)
_(No)
Fortune Beach Park-Like Improve For Sunny Isles Boulevard Page 2 of 2
Amendment to City of Sunny Isles Beach
Parking License Agreement
This Amendment to City of Sunny Isles Beach Parking License Agreement (this
"Amendment") is made as of this II ~ day of A~ ' 2006, by and between the City of
Sunny Isles Beach, a municipal corporation (the "City") and F0I1une Beach, LLC, a Florida
limited liability company ("F0I1une").
RECIT ALS
WHEREAS, on June 9, 2005 the City of Sunny Isles Beach Commission authorized the
Mayor to execute a Parking License Agreement with FOJ1une (the "Agreement") pursuant to
Resolution No. 2005-807; and
and
WHEREAS, the Agreement was executed by the City and Fortune on August 3 I, 2005;
WHEREAS, Paragraph 3 of the Agreement required that Fortune commence construction
of the Improvements, as defined in the A!:"Teement, by June 9, 2006 (the "Construction
Commencement Date"), provided that all approvals and pennits authorizing construction of the
Improvements had been issued; and
WHEREAS, FOJ1une has advised the City that such approvals and pennits will not be
issued by the Construction Commencement Date; and
WHEREAS, the City and Fortune have agreed to enter into this Amendment in order to
provide for a new Construction Commencement Date.
NOW, THEREFORE, in consideration of the execution and delivery of this Amendment
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the par1ies agree as follows:
I. Recitals. The foregoing recitals are true and cOlTect and are incorporated herein
in their entirety.
2. Defined Terms. Unless otherwise defined herein, all defined tenTIS shall have the
same meaning as ascribed to them in the Agreement.
3. Construction of Improvements. Paragraph 3 of the Agreement shall be
amended to read as follows:
Provided that all approvals and pelmits authorizing the construction of the
Improvements have been issued (the "Govemment Approvals"), F0I1une
shall commence construction of the Improvements no later than December
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9, 2006. (the "Effective Date") unless such Effective Date is amended in
writing and executed by both Pal1ies. FOI1une will take approximately six
(6) months to complete construction of the Improvements. FOI1une shall
submit for the City's review and approval three (3) sets of final sealed
plans for the Improvements on or before May 1,2006.
4. Amendment. Unless otherwise provided herein, all other tcnns and conditions of
the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the paJ1ies hereto have executed this Amendment in duplicate
on the day and year first written above.
WITNESSES:
FORTUNE BEACH, LLC, a Florida limited
liability company
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By:
By:
FOI1une International Equity Corp., a Florida
corporation, as Manager
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Edgardo 0 fortuna, Presi ent
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CITY OF SUNNY ISLES BEACH
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Jan.e A. 'Hines, City Clerk
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City Commission
Norman S. Edelcup
Mayor
Roslyn Brezin
Vice Mayor
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
Lewis J. Thaler
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
April 14, 2006
Judith A. Burke, Esq.
Shutts & Bowen LLP
1500 Miami Center
201 South Biscayne Boulevard
Miami, FL 33131
Re:
Modified Plans for Park-Like Improvements at the Western Portion of
Sunny Isles Boulevard Causeway; and Amendment to Parking License
Agreement with Fortune Beach, LLC
Dear Ms. Burke:
At its regular meeting of April 11, 2006, the City Commission adopted Resolution No.
2006-908, which approved modified plans for park-like improvements at the western
portion of Sunny Isles Boulevard Causeway, as well as approving an amendment to the
Parking License Agreement with Fortune Beach, LLC. Enclosed are three (3) original
agreements for witnessing and execution by Fortune Beach, LLC.
Upon completion, please return the originals to my attention. We will then finalize
processing of the agreements and return an original, executed agreement and a copy of
the approving resolution to you.
Thank you.
Very truly yours,
~~.~
Jane A. Hines, CMC
City Clerk
Enclosures
cc: A. John Szerlag, City Manager (cover letter only)
Hans Ottinot, City Attorney (cover letter only)
Jorge Vera, Assistant City Manager (cover letter only)
Shaun Gelvez, Contracts Administrator (cover letter only)
Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax
Burke, Judith SIBlvd Improvments/Pkg Agmt
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
(305) 947-0606 City Hall
(305) 792-1 565 Fax
(305) 947-2150 Building Department
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
OF Sul'l
MEMORANDUM
To:
The Honorable Mayor and City Commission
From:
Jorge L. Vera, Assistant City Manageo-
April 11, 2006
Date:
Re:
Park-like improvements.
RECOMMENDATION
This resolution is presented for your consideration and approval.
REASONS
Under Resolution 2005-807 the City Commission entered into agreement with, Fortune Beach LLC.
in which Fortune would use the area at the western end of Sunny Isles Boulevard for parking for
their construction workers. In return Fortune agreed to construct park-like improvements on the
property for the City. At the time of approval of the abovementioned resolution the City
Commission approved a design for the area. Fortune started doing the necessary surveys and plans
for the area. However, due to the amount of utility lines running in the area together with some low
areas that are prone to flooding, the design has changed slightly. Due to the problems stated above,
Fortune is requesting an additional six (6). months to commence construction. The date of
commencement is December 9, 2006. Attach is the revised layout of the area.
Agenda Item --.J 0 1\
Date 4- U-o~