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HomeMy WebLinkAboutReso 2008-1246 RESOLUTION NO. 2008-~lw. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE PARKING AGREEMENT BETWEEN THE A VENTURA BEACH CLUB CONDOMINIUM ASSOCIATION AND THE CITY OF SUNNY ISLES BEACH, IN SUBST ANTIALL Y THE SAME FORM A TT ACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the purchase of the property located at 19200 Collins Avenue, the City assumed all the obligations of Crescent Heights relating to the Parking Agreement with the A ventura Beach Club Condominium Association (" Association"); and WHEREAS, under the Parking Agreement, the Association is responsible for all costs associated with the upkeep and repair of the property and to pay the City it's proportional share of taxes, assessments, imposition, insurance, maintenance, upkeep and repair of the property, and the cost of any relocation resulting from the development, as determined by the City; and WHEREAS, the City wishes to improve the property by creating a first class park that will benefit the unit owners and residents; and WHEREAS, the City believes that a mutually beneficial agreement between the Association and the City would be in the best interest of the parties; and WHEREAS, the First Amendment to the Parking Agreement is fair to both parties and is in the best interest of both parties. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of First Amendment to the Parking Agreement. The First Amendment to the Parking Garage Agreement with the A ventura Beach Club Condominium Association and the City of Sunny Isles Beach attached hereto as Exhibit "A" is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Approving First Amendment to Parking Garage Agreement Page I of2 Section 3. Authorization of the City Attorney and the City Manager. The City Attorney and the City Manager are hereby authorized to do all things necessary to effectuate the terms of this Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20th day of March, 2008. ATTEST: ~A~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LE AL S FICIENCY: / Moved by: Vl u vY\~ v -rH~~ ~~N'''1~~ ~HoLL Seconded by: Vote: 5-0 Mayor Norman S. EdeIcup Vice Mayor Lewis Thaler Commissioner Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl V(Yes) t/CY es) ~(X es) VCYes) ~(Yes) _(No) _(No) _(No) _(No) _(No) Approving First Amendmcnt to Parking Garage Agrcemcnt Page 2 01'2 r - l I FIRST AMENDMENT TO PARKING GARAGE AGREEMENT THIS FIRST AMENDMENT TO PARKING AGREEMENT made and entered into this 13- day of March, 2008, by and between the City of Sunny Isles Beach, Florida, a municipal corporation existing under the laws of the state of Florida (the "City") and Aventura Beach Club Condominium Association, Inc., a Florida corporation not for profit, (the "Association") whose business is located at 1920 I Collins Avenue, Sunny Isles Beach, Florida, 33160. WITNESSETH WHEREAS, in 2006 the City informed the Association that it acquired certain real property referred to as Heritage Park, a multi-use facility located at 19200 Collins Avenue in the City (the "Property"); and WHEREAS, on August 14,2006, the City and Crescent Heights XLIV., a Florida corporation, ("Crescent Heights") entered into an Assignment and Assumption of Parking Lease whereby the seller sold, transferred, assigned, set over and conveyed to the City all of Crescent Height's right, title and interest in and to that certain Parking Agreement dated September 1994 (attached hereto as Exhibit "A") between Crescent Heights and the Association granting the Association certain rights to park vehicles on the Property ( the "Parking Agreement"); and WHEREAS, the Parties disputed what rights and obligation each side had with respect to each other and wish to avoid litigation by settling on terms set forth below: NOW THEREFORE, in consideration of ten dollars ($10.00), and other good and valuable consideration, and in further consideration of the mutual covenants and promises set for the in this instrument it is agreed as follows: 1. Assi!!:nment of Parkin!!: Soaces at the Gara!!:e: It is hereby agreed upon and understood by the parties that the September 1994 Parking Agreement authorizes the assignment of 3 93 (three hundred and ninety three) parking spaces to the Association. Notwithstanding, the City hereby agrees to assign 400 (four hundred) parking spaces at the Garage for the exclusive use of the Association to park vehicles of unit owners, guests and employees and invitees. 2. General Parkin!!: Plan: The garage the City contemplates building will be underground and the Association's parking shall be substantially in accordance with the attached Parking Plan if the City builds an underground garage (the "Parking Plan"). Exhibit "B". However, the City in its discretion may elect to build a stand alone above ground garage in which case there will be no tandem parking spaces and the Association shall be provided with parking spaces in said garage reasonably proximate to each other. Prior to the commencement of construction, and during construction until the construction of the garage, defined as when the Association is permitted to begin using First Amendment to Parking Agreement the garage in accordance with the terms herein, the City shall have the right to relocate the Association's parking spaces upon providing sixty (60) days notice to the Association of the City's intent to relocate. However, the City shall not have the right to relocate the Association's parking spaces any further from the Association than the area under the William Lehman Causeway. Said relocation shall end the sooner of eighteen months (18) from its commencement or the completion of the garage which ever comes first. 3. Term: The terms of this Amendment to the Parking Agreement are effective immediately, and the term shall be forty (40) years from the date of the Garage opening defmed as to when the Association is permitted to begin using the parking spaces in accordance with this Agreement. The parties may agree to an extension of this 40 year term upon thirty (30) days notice. After the forty (40) year term, if no subsequent amendment to the Parking Agreement is negotiated, the parties shall be governed by the original Parking Agreement. 4. Maintenance Responsibilities and Costs: Except as provided below, the City shall be responsible during the term of this First Amendment for all costs and expenses of maintaining, cleaning and keeping the Parking Garage in a first class manner, and in good order, condition and repair, including but not limited to, utilities, foundation, exterior and structural walls and roof. Moreover, and without limitation, any and all costs and expenses of any capital improvements and mo~ifications or replacements which become desirable, necessary or required shall be at the City's sole determination, costs, and expense. Further, the City hereby represents and warrants that the Parking Garage will comply and continue to comply throughout the term with all applicable laws. In accordance with this First Amendment, the Association shall continue to pay to the City, its successor or assigns, $135,000.00 (one hundred and thirty five thousand dollars) per year until the date that the City begins permitting the Association to use the Garage as set forth herein. Once the Association is permitted to use the Garage, as set forth herein, the Association shall pay to the City a fixed monetary amount for each one of the 400 (four hundred) parking spaces per month, based on the following tiered approach. a. Years 1 - 5 $65.00 (sixty five dollars) per space per month b. Years 6 - 10 $80.00 (eighty dollars) per space per month c. Years 11 - 15 $95.00 (ninety five dollars) per space per month d. Years 16 - 20 $110.00 (one hundred and ten dollars) per space per month e. Years 21 - 25 $125.00 (one hundred and twenty five dollars) per space per month f. Years 26 - 30 $140.00 (one hundred and forty dollars) per space per month g. Years 31 - 35 $155.00 (one hundred and fifty five dollars) per space per month h. Years 36-40 $170,00 (one hundred and seventy dollars) per space per month First Amendment to Parking Agreement The Association shall be entitled to use the Garage on a twenty four (24) hours basis, seven (7) days per week, including holidays. However, if any local, state or federal authority orders due to force majeure or similar event that the Garage be closed, or for any reason whatsoever the Association is prevented from using the parking spaces it is entitled to use herein, or any portion of such spaces, then the City may provide the Association with a proportional rebate or credit if the City is unable to provide spaces to the Association within the parking area located under the William Lehman Causeway. 5. Time of Payment: The amount set forth in Section 4 above shall be paid by installment payments on a monthly basis to the City. Such installment payments shall be sent by the Association to the City no later than the fifteenth day of each month. 6. Insurance: Each party shall maintain adequate insurance to protect against claims related to the respective parties obligation under this Agreement. 7. Arbitration: This First Amendment and the Parking Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida. It is the intention of the parties that whenever practical, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. However, if the dispute is not solely between the parties, and a third party is involved, then all parties shall be permitted to proceed to Court so that the entire dispute can be resolved in one proceeding. In the event of arbitration, the decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of any legal proceedings and attorney's fees incurred by the parties shall be paid by the non- prevailing party or, if neither party prevails on the whole, each party may be responsible for a portion of the costs and their respective attorneys' fees as may be determined by the court or arbitrator, in the court or arbitrators discretion. 8. Modification: Any modifications or amendments must be in writing and executed by both parties and must first be approved by the City Commission and the Association's Board of Directors. 9. Conflictine: Provisions: With regard to all issues or terms where there is a conflict between this First Amendment and the original Parking Agreement this First Amendment shall control. 10. Ratification: Except as otherwise amended herein, the September 1994 Parking Agreement shall remain unchanged. 11. Maintenance costs in the event of non-renewal: In the event of non- renewal, the Parties shall be governed by the terms of the original Parking Agreement. First Amendment to Parking Agreement 12. Opportunity to Provide Input: The City will provide the Association with an opportunity to provide input relative to parking structure and park design at the Property if the design of the Parking Structure is not completed prior to the execution of this Agreement. However, final approval of the parking structure and park design shall be made by the City Commission in accordance with its authority under the City Charter. 13. Pedestrian at-Grade Access: Subject to the approval of the Florida Department of Transportation ("FDOT"), the City agrees to provide a pedestrian at-grade crossing at Collins A venue in the general area of opposite to the condominium governed by the Association. Further, the City agrees to construct a pedestrian access to the parking structure through Heritage Park, as a relative straight line extension from the pedestrian crossing to the entrance to the parking structure. The City will provide the Association with an opportunity to provide input relative to the above. The City agrees to use its best efforts to work with FDOT to obtain cross walk signalization and striping. 14. Miscellaneous: Failure of either party to declare any default immediately upon the occurrence thereof, or delay in taking any action in connection therewith shall not waive such default. 15. Good Faith and Fair Dealine:: The Parties recognize that this Agreement is being entered into to resolve their differences, and explicitly agree that they have a duty to deal with each other in good faith, whether or not an issue is expressly dealt with in this First Amendment. 16. Public Park: The City will develop the Property as a municipal park in the immediate future, and plans to keep and develop the Property in perpetuity as a municipal park, but agrees that such property shall always, anything to the contrary herein notwithstanding, remain a municipal park for at least the entire Term of this First Amendment, with the exception of the Garage. Nothing contained herein shall be construed to prevent the City from adding items (i.e. fountains or pools) that are traditionally ancillary to municipal parks. 17. Notices: Notices and documents shall be addressed or sent to the addresses below: City of Sunny Isles Beach C/o City Manager and City Attorney 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Aventura Beach Club Condominium Ass. Attn: Board of Directors 1920 I Collins Avenue Sunny Isles Beach, Florida 33160 First Amendment to Parking Agreement r-------- With copy to: Becker & Poliakoff, P.A. Attention: Stuart Zoberg, Esq. 3111 Stirling Road Fort Lauderdale, Florida 3312 IN WITNESS WHEREOF, the parties have caused the due execution of this First Amendment to Parking Agreement as of the day and year first above written. ~&~ Jane Hines, C C, City Clerk AVENTURA BEACH CLUB CONDOMINIUM ASSOCIA TION, INC. .da Non P It Corporation <:..+1 g c, lIT f:H\..... First Amendment to Parking Agreement PARKING AGREEMENT This insTrument entered into as ofthe _ day of September. 1994. by and bet.."veen CRESCENT HE.IGHTS XLlV1 Inc., a Florida corporation, hereinafter sometimes referred to as IlCHlI and AVENTURA BEACH CLUB CONDOMIN!UM ASSOCIATION, INC. a Florida corporation, hereinafter sometimes referred to as "The Association". '" 'MTNESSETH VVHEREAS, CH ;s the owner and holder of certain real property. hereInafter referred to 8S the "Property" and more legally described as follows: SEE ATrACHED EXHJBIT "AU, and; WHEREAS, The Association is a condominium association commonly known as the AVENTURA BEACH CLUB CONDOMINIUM ASSOCIATION, INC., located at 19201 Collins Avenue, N. Miami Beach, Florida and legal1y described as follows: SEE ATIACHED EXHIBIT "B'\ and; WHEREAS, CH desIres to grant to The Association a right to a non-Bxclusrve easement to use parking spaces as defined below upon the Property, subject to and limited by the terms and condWons contained herein. , NOW, THEREFORE, in consideration of Ten' Dollars ($10.00), other good and valuable considera1ibn, and in further consideration of the mutual covenants and pro'mises set forth in this instrument, It is agreed as follows: 1. The foregoing statements are true and correct. 2. SUbJe~t to and up;ri tlJ~J~rQ1s and conditions hereof.r9J;j2h~L~j;t}F9t~tlJ~~19J:lTJnrl~}tf}(, .:;;~Jj(~~~~:~:;:~~:!II~:Ji'~....:llililli~!:l'. 3. The parking spaces referred to above shall.: (i) initially be located as shown on exhibit lie" attached hereto and by this reference made a part hereof: (ii) be mar~.,~}~U~;! t&iiii~lliji~lijjl\~~~!~llft~f~i~;iil1\til~ii~i~;*;j!l~ 1 Exhibit "A" ;[~g[978AD8:~'i~II6r\w~'/f~rm:s.~~'s?~-~t7f6~rth!ttr~i3W;7 lillilllflllll'I~~I'II~;;"i' 3ni{'a'greed that CH shalJ have the absolute' right to' submit such Development to :DFlqomlnlum ownerslllp and thereafter assignin such rights and obligations under this ;;iflli:iiiit~;~:l~r~tl~A!l!!!~I" 5. CH, its successors and assigns shall pay all taxes, assessments and impositions all or pertaining 10 the Property before they become delinquent. Such obligation shall be conditioned upon The Association fulfilling its obligations hereunder. 6. The Association shall pay to CH, Its successors or assigns, its proportiDnate share of taxes, ass~~~mo.~.[ij~!.Jm,E.?sjtionsf In9uran.~,o.ffi-,!intenanc:e, upkeep an~,Ln:~pair Si1.~ff1!if.ii:ri2~~,ql~T.i!~~j~~i'"~':'.,.,'::~fi~~'~~~5f~~~~~rrfq!~TIl~~~~~a~[p~:r~~,~~~~l advance) based upon the m6sfcurren1/nformation, to be adjusted withIn 30 days after receipt of actual bifls or statement6, Nonrecurring expenses shall be paid by the p.ssoclatlon to CHI its successors and assigns, within 30 days of submission of statements or bills for suoh nonrecurring expenses. Until such time that CH, Its successors or assigns, shall develop the Property as defined' above it shall be conclusively presumeq that the Associationls share of taxes, assessments, Impositions, insurance, malntenancE!, upkeep and repair of the Property shall be one hundred percent (100%) of all of the said costs. 7. CH, its successors and assigns shall have a lien upon the non-exclusive easement granted hereby to secure any sums owed to it by the Association pursuant to the terms hereof.' The Hen(s) referred to in this paragraph, in favor or CH, its successors and assigns, may be foreolosed as if such lien(s) was a mortgage. . - . B.o Subject to the rights of the AssoclL3tion, its successors and assigns hereunder, CH, Its 5ucc;essors and assIgns, shaH have the right to convey fts fee simple title to the' Property and to place mortgages, Hens or encumbrances upon and to hypothecate the Property. 9. CH and the Association agree to execute and deliver sU,ch instruments and take elf actions necessary EllJ9 reasonable as requested from each other, or as may be required from time to time in order to carry out the intent of this instrument. 2 . , . . 10, This Instrument sets forth the entire agreem8r.Jt bemeen CH and the Association wIth respect to the terms and conditions contained herein and supersedes all prior negotiations and dealings. .I 11. No change In, addition tOr or waiver or any of the provisions of this instrument shall be binding upon either party unless in writing and signed by the authorized representative of each party. No waiver by either party or any breach by the other party of any of the provisions of this instrument shall be construed as a waiver of any sUbsequent breach, whelher of the same or of a different 'provision of this Instrument. 12. In the event any provision of t.his instrument conflicts with the, laws under which thIs Instrument is to be constru~d or if any such provisJon be held Invalid by a court of proper Jurisdictlon, such provisions shall be deleted and this instrument shall be construed. to give affect to the romaining provisions herein. 13. This instrument shall inure to the benefit of CH, its SUccessors and assigns including, but not limited to B condominium Association. The.AssociatJon shall not haVE! a right to sale, transfer and or Cl.ssign its interest hereunder. 14. The use of the slngular shell 'Jnclude the plural, the plural shall Include the .slngular, the masculine shall include the feminIne and the neuter end vIce versa and the word "CH" shall mean CHI its successors and assigns and the word "Associatlonll shaH mean the Associat!on, wherever the context so requires. :. 15, In any proceeding, 10 enforce this instrument or any part of thls instrument, the prevaJling party shall be entitled to recover all costs Incurred, Including reasonable attorneys fees including the cost of eppeal, whathsr suIt Is brought or nol 1 e. The non-exclusIve easement granted hereby shall be perpetual and appurtenant to the property described In exhibit "8" and shall run with the said. property. Notwilhstanding the foregoing, should the Association totally abandon the use of the easement granted hereby for 8 period of one year, such easement shall automatically terminate. Non-use b'y reason of construction or reconstruction taking place on the property shall not be deemed abandonment Tor the pL1rpl?ses hereof. . 17. The Association may improve the appearance of the Property subject to the written consent of CH, its successors and assigns. Such consent may be unreasonably withheld and such rights to Improve shall always he subject to the right of CH, its sUccessor~ and assigns, to develop th€;l Property. Q.,eslgnee/:maocordahoe Wlffi the DeclaratIon of CondominIum fDr The Aventura Beach Club. Notwithstanding the foregoing, at Its option, CH may elect not to provide valet 3 , j' f " f .~ ''$ :.:;:: ,- 'It, .V". 8].j ~.- '~ci !~ :=1 ~ '~1 .; Pl::'(. ':""1- :~it~ . .;ft'4! ',j~ '~~.r:fa 'l~.l~~ .'~~~~ .'~~~~"; .:~~~ '~~: '~...-=l '~:F;~ "1'Jf~ '.:~"f ..~~,ij , ~f,"",.. .,.~~ ~~l .,,~.~ .~~ ~ .:~.~.; . r:':;j~":. .. :1!:j11G' . ,,:i~ "m' ..... ~.....:. Bit-=-.. ~ .t~ '~"h'-' : '. :",,!! ~: '~'.j-' . . . " . '. . 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ASSIGNMENT AND ASSUMPTION OF PARKING LEASE I/~ This instrument is executed and delivered as of the ft day of _August, 2006 pursuant to that certain Option Agreement for Purchase and Sale of Real Property ("Agreement"), dated April 12, 2006, by and between Crescent Heigbts XLIV, Inc., a Florida corporation ("Seller"), and the City of Sunny Isles Beach, a Florida municipal corporation ("Purchaser"), covering the real property described in Exhibit A attached hereto ("Real Property"). 1. Assignment of Parking Agreement. For good and valuable consideration, Seller hereby sells, transfers, assigns, sets over and conveys to Purchaser all of the Seller's right, title and interest in and to that certain Parking Agreement, dated as of September _ 1994, between Seller and the Aventura Beach Club Condominium Association, Inc. ("ABC") ("the Parking Agreement") granting ABC certain rights to park vehicles on the Real Property. 2. Assumption. Purchaser hereby assumes all of the obligations of Seller under the Parking Agreement arising from and after the Closing Date and shall defend, indemnify and hold hannIess Seller from and against any liability, damages, causes of action, expenses, and attorneys' fees incurred by Seller by reason of the failure of Purchaser to fulfill, perfonn, discharge, and observe its obligations with respect to the Parking Agreement arising on and after the Closing Date. Seller shall defend, indemnify and hold harmless Purchaser from and against any liability, damages, causes of action, expenses, and attorneys' fees incurred by Purchaser by reason of the failure of Seller to fulfill, perfonn, discharge, and observe its obligations with respect to the Parking Agreement arising before the Closing Date. 3. Seller's Representations and Warranties, As of the date hereof, Seller hereby represents and warrants as follows: (a) Other than the agreements described on Schedule I attached hereto ("Ancillary Parking Agreement"), which Purchaser acknowledges receipt of, and the Agreement, there are no other agreements between ABC and Seller relating to ABC's rights to park vehicles on the Property. (b) The Agreement is in full force and effect has not been amended or modified except as set forth in the Ancillary Parking Agreement. (c) There is no pending litigation between Seller and ABC relating to the Agreement and to Seller's knowledge, no such litigation is threatened. (d) To Seller's knowledge, all obligations of ABC under the Agreement have been perfonned and Seller has not sent any notice of default to ABC. (e) All obligations of Seller under the Agreement have been perfonned and Seller has not received any notice of default from ABC. 4. Agreement Applies. The covenants, agreements, representations, warranties, indemnities and limitations provided in the Agreement with respect to the assignment (including, without limitation, the limitations of liability provided in the Agreement), are hereby incorporated herein by this reference as if herein set out in full and shall inure to the benefit of and shall be binding upon Purchaser and Seller and their respective successors and assigns. 5. Limitation of Liability. Notice is hereby given that all persons dealing with Seller shaH look to the assets of Seller for the enforcement of any claim against Seller, and none of the trustees, officers, employees and shareholders of Seller assume any personal liability for obligations entered into by or on behalf of Seller. IN WITNESS WHEREOF, the undersigned have caused this Assignment and Assumption of Parking Agreement to be executed as of the date written above. (SIGNATURE PAGES ON FOLLOWING PAGES) Assignment and Assumption oi Parking Leases Y. 2 ATTEST: ~a..QQ.r...U)~ ~ JANE A. HINES, CMC CITY CLERK APPROVED AS y> LEGAL FOR1tI AND SUFF E /; Assignment and Assumption of Parking Leases v, 2 PURCHASER: CITY OF SUNNY ISLES BEACH Date Executed: t / I r I Db I I 11/1/06 I I Dated: SELLER: Date: t2.-..(fU)"f /Z, J eJt>tJ~ CRESCENT HEIGHTS XLIV, Inc, ~~~e: ~~ Title: Vice President Assignment and Assumption of Parking Leases v, 2 Exhibit A Legal Description of the Real Property TRACT D less external area of curve in northeast corner, Galahad Dade, According to the Plat thereof as recorded in Plat Book 92, Page 16, of the Puhlee Records of Miami-Dade County Florida Location 19200 Collins Avenue Sunny Isles Beach, Florida 33160 " Assignment and Assumption of Parking Leases v. 2 Schedule I 1. Parking Agreement dated September 1994, by and between Crescent Heights XLIV, Inc. and A ventura Beach Club Condominium Association, Inc. 2. Settlement Agreement dated 1998, by and between Crescent Heights XLIV, Inc. and A ventura Beach Club Condominium Association, Inc. 3. Amendment to the Settlement Agreement dated November 2000, by and between Crescent Heights XLIV, Inc. and A ventura Beach Club Condominium Association, Inc 4. Resolution No. 98-2-12 dated June 11, 1998; a resolution of the City Commission of the City of Sunny Isles Beach, Florida. 5. Resolution No. 98-2-22 dated October 8, 1998; a resolution of the City Commission of the City of Sunny Isles Beach, Florida. 6. Resolution No. 98-2-23 dated October 8, 1998; a resolution of the City Commission of the City of Sunny Isles Beach, Florida. 7. Declaration of Restrictive Covenants dated September 28, 2000, made by Crescent Heights XLIV, Inc. in connection with Resolution Nos. 98-2-22 and 98- 2-23. 8. Termination of Declaration of Restrictions dated August 12,2004, made by Smith property Holdings A ventura C, LLC. Assignment and Assumption of Parking Leases v. 2 fm ~ en . 0 a'O :)><:: ~~ i~ ~ _i () ~ SID ,- :J ~ ~ a. . ~ CD ~iil ~o ~s:: Uc.... js:: i o o Z O:c mm -0;;0 -l- o-l )> ,G) men ~-oc OJ)>Z G);;oz )>^-< ;;0)>- )>Zen G)or m-om en)> en -0;;0 OJ )>^m oz)> ~G)o _G):C N)> (.0.);;0 en)> cG) ;;om ." )> o m trl ~ == - eo - ..., ~ ~ eo ~ ~ ." m OJ ;;0 C )> ;;0 -< N _0 N o o OJ u "0 .. " " z '" '" .. ~ '" m ~ ~ ( n ~ III III III m n , ::l . 0 ~ z "0 .. " " z '" '" .. ~ '" m '" <~11 ~ -:JL- Spillis Candela DMJM :BRUARY 20, 2008 architecture, structural, CiVil, mechanical, electrical, plumbing & fire protection EDAW landscape architects and planners EXHIBIT "B" J TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Coli ins Avenue Sunny Isles Beach, Florida 33 160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5 107 Fax A. .John Szerlag, City Manager Hans OUinn!, City Allorney .Jane A. Hines. CMC, City Clerk MEMORANDUM The Honorable City Commission ^ <:: O~___ A. John Szerlag, City Mana~oIl ~Dr:J' March 20, 2008 First Amendment to Parking Agreement with Aventura Beach Club Condominium Association (Ramada Inn) for Parking at Heritage Park Recommendation: It is recommended that the City Commission consider the attached resolution approving the First Amendment to Parking Agreement with A ventura Beach Club Condominium Association, alk/a Ramada Inn ("Association") for parking at Heritage Park. Reason: After many months of negotiations, we have reached an agreement for parking and associated maintenance responsibilities with Association for parking at the Heritage Park. More on point, we now have the financial obligations of the Association relative to all elements associated with the parking structure. Additional Information: The life span of a parking structure is approximately 40 years, and the Association wanted to know specifically, what costs they could expect over that timeframe. As such, we have worked out the following and pursuant to the attached Agreement: 1. The Association will remit to the City of Sunny Isles Beach ("City") $135,000 per year until the parking structure is operational. I expect this timeframe to be from three (3) to five (5) years. 2. We are going to construct approximately 500 parking spaces in our parking structure; 400 of them will be allocated for the Association, Once the structure becomes operational, the Association will pay to the City a fixed amount per parking space per month based on a tiered approach. Specifically, the tiered system will be as follows: Agenda Item 16M. Date 3-2-0 - 6 g l <1111111"'1<111 111',1 \11l,l1d1l1,111 1<\ l'arkll1g \gr",1l1,111 \\ ,'111 111 a \" 1"1 l'alkll1g at I krlla", 1'0111 a. Years 1 - 5 at $65 per space per month at 400 spaces $312,000 per year. b. Years 6 - 10 at $80 per space per month at 400 spaces $384,000 per year. c. Years 11 - 15 at $95 per space per month at 400 spaces $456,000 per year. d. Years 16 - 20 at $110 per space per month at 400 spaces = $528,000 per year. e. Years 21 - 25 at $125 per space per month at 400 spaces = $600,000 per year. f. Years 26 - 30 at $140 per space per month at 400 spaces = $672,000 per year. g. Years 31 - 35 at $155 per space per month at 400 spaces = $744,000 per year. h. Years 36 - 40 at $170 per space per month at 400 spaces = $816,000 per year. The tiered payment schedule will yield $22,560,000 to the City over a 40-year timeframe. This amount does not include interest income nor the $135,000 per year maintenance charge that we will be receiving until the structure is built. 3. Contract renewal discussions will take place with the Association on the 41 sl Anniversary from the date of garage opening. 4. Park site issues: a. Heritage Park will always be used and maintained as a park. b. The City has provided the Association an opportunity to recommend input relative to the parking structure and park design. And we have two options. Option I. (The Preferred Option). Includes 400 spaces underground for the Association, and 100 spaces above ground for the public. The below ground structure will have a maximum of 50% tandem parking. Option II. The ability for the City to have a six storey above ground parking structure at the south side of the park. Please know that the only reason we would want to construct a multi-storey parking structure is to be eligible for a possible Florida Community Trust (FCT) Grant. I have been advised that the City would not be eligible for any park improvement funds if a parking structure is underneath the park. This said, I'm having an independent consultant review our chances of obtaining an FCT Grant for park improvements if we were to build a six storey parking structure. Ifwe all agree that our chances are not very good, then I believe we should proceed to the design development stage with the underground parking option, option I. c. Subject to the approval of FDOT, the City will provide a pedestrian at grade crossing at Collins A venue in the general area opposite to the Ramada Inn. In addition, we will construct a pedestrian access to the parking structure through Heritage Park, as a relative straight line extension from the pedestrian crossing to the entrance to the parking structure. (<11111111"1<111 I ",t\lllclldlll,'11It<l I'arklll" \"rCClllcI1I \\,'11I1IIa \" ','r Parking atlklllag,'I'alk Kindly advise should you have any comments or questions. AJS: iw Attachment cc: Hans Ottinot, City Attorney Jorge Vera, Assistant City Manager/Services Douglas Haag, Assistant City Manager/Finance Rick Conner, Public Works Director Fernando Amuchastegui, Assistant City Attorney (11\111111......](1/1 Ilr...l \lIh..'lIdrlll".'1l1 {uP,lrklng \gl\.'\,.'Ilh.'rlt-\\\,:lllura \"t:'l fpf l'ad'..IIl;2 <III kfll(l~l'l'illk TO: FROM: DATE: RE: City of Sunny Isles Be'ach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 I I 3 Fax (305) 947-2150 Building Department (305) 947-5 107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, CMC, City Clerk MEMORANDUM Hans Ottinot, City Attorney Priscilla Walker, CMC, Deputy City Clerk~ March 27, 2008 Approval of Amendment to Parking Agreement with Aventura Beach Club Condominium Association At its regular meeting of March 20, 2008, the City Commission adopted Resolution No. 2008- 1246, which approved the above-referenced item in substantially the same form. Attached are a copy of the approving resolution and the two sets of draft originals to assist you in processing this item. Upon completion, please forward a fully executed ori2:inal A2:reement to the Office of the City Clerk for the record. Thank you, /pw Attachments cc: A. John SzerIag, City Manager (w/o attachments) Parking Agrmt With Aventura Beach Club Condo Amend Memo City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk April 15,2008 A ventura Beach Club Condominium Association Attn: Board of Directors 19201 Collins Avenue Sunny Isles Beach, FL 33160 Re: 1 sl Amendment to Parking Garage Agreement To Whom It May Concern: At its regular meeting of March 20, 2008, the City Commission adopted Resolution No. 2008-1246, which approved the 151 Amendment to Parking Garage Agreement with Aventura Beach Club Condominium Association, Inc. Enclosed are an original agreement and a copy of the approving legislation for your files. Thank you. ~'~ Priscilla Walker, CMC Deputy City Clerk Enclosures cc: A. John Szerlag, City Manager Hans Ottinot, City Attorney Stuart Zoberg, Esq" Becker & Poliakoff, P.A. Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Parking Agrml With Aventura Beach Club Condo Amend Ltr