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HomeMy WebLinkAboutReso 2010-1593 RESOLUTION NO. 2010--159 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A LETTER OF INTENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND H & M GABLES INVESTORS, LLC TO LEASE PROPERTY TO CONSTRUCT, DEVELOP AND OPERATE AN AQUARIUM AND RELATED F ACITILIES IN THE CITY OF SUNNY ISLES BEACH IN SUBSTANTIALLY THE SAME FORM; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission is desirous of continuing to develop public facilities/amenities to further the development of the City as a growing destination community with recreational amenities; and WHEREAS, there is a unique opportunity to develop a world class park with an Aquatic Center ("Project") as a component; and WHEREAS, City staff has commenced negotiations with H & M Gables Investors, LLC to form a public/private partnership to lease land, construct, develop and operate an aquarium and related facilities including but not limited to, a restaurant, food, gift concessions, meeting rooms and party facilities; and WHEREAS, the City Commission wishes to approve the Letter of Intent and the First Amendment to said letter to facilitate the execution of a lease and development agreement between the parties. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving the Letter of Intent and the First Amendment. The City Commission hereby approves the Letter of Intent and First Amendment with H & M Gables Investors, LLC in substantially the same form to lease land to construct, develop and operate an aquarium in the City of Sunny Isles Beach attached hereto as Exhibit "A". Section 2. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 15th day of July 2010. Authorizing The CC To Execute Letter Of Intent With H& M Investors with H & M Gables Investors, LLC Page I of2 ATTEST: ,~~ . ane A. Hmes, CIty Clerk "l TO FORM I U .ICIENCY: , ~ Moved by: rJ'\~ ~~2.JIJ Seconded by: Y I 0 YY\~v1HM..~R Vote: S-O Mayor Edelcup Vice Mayor Thaler Commissioner Goodman Commissioner Brezin Commissioner Scholl ~(Yes) V (Yes) V (Yes) ---v (Yes) V(Yes) _(No) _(No) _(No) _(No) _(No) Authorizing The CC To Execute Letter Of Intent With H& M Investors with H & M Gables Investors, LLC Page 2 of2 H &M Gables Investors, LLC c/o Arthur Hertz W ometco Enterplises, Inc. 3195 Ponce de Leon - 5th Floor Coral Gables,FL 331:34 Mr. Hans Ottinot City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Re: Land Lease (the "Lease"}between City of Sunny Isles Beach ("Lessor") and H&M Gables Investors, LLC ("Lessee") of the land more particularly described in Exhibit A attached hereto, consisting of an approximate 1 acre site in: the City of Sunny Isles Beach, Florida (the "Property") Dear Mr. Ottinot: We have been discussing the prospective lease of the Property. This Letter of Intent sets forth a proposed l.mderstanding in principal between the Lessor andthe Lessee with respect to the tern1S of the Lease and certain other matters. 1. Use of the Property. The Lessee shall use the Property for the constnlction, development and. operation of an aquarillID and related facilities including but not limited to, a restaurant, food, gift concessions, meeting rooms and party facilities (the "Aquarium"). The Aquarium will be open to the public and will be used to promote tourism for the City of Sunny Isles Beach. 2. Construction. The Lessee shall be responsible for the construction of the Aquarium at its own cost and expense. 3. Lease Term. The term of the Lease shall be for 99 years. 4. Rent. a) For the first four years of the Lease no rent shall be payable. b) Thereafter, the Base Rent shall be $324,000 per year. Every fifth year of the Lease, the Base Rent shall be adjusted by an amount based on the Consumer Price Index Increase over the base year. The base year shall be the fifth year of the Lease term. 9096504.1 c) In addition to Base Rent, the Lessee shall pay the Lessor Percentage Rent equal to 4% of the gross sales from the Aquarium, less the amount of the Base Rent. d) All rent shall be paid in quarter annual installments. 5. Real Estate Taxes. The Lease shall provide that the Lessee shall not be responsible for the payment of any real estate taxes for the Property or any improvements thereon, unless required by the law of the State of Florida. The Lessor shall cooperate with the Lessee in any negotiations or request or application to exempt the Property and any improvements thereon from the payment of real estate taxes. 6. Parking. The Lessor shall build an adjacent parking structure at Lessor's sole cost and expense and provide adequate parking for the Aquarium. The Lessor may charge visitors to the Aquarium a reasonable charge for parking which is consistent with parking charges in the City of Sunny Isles Beach. 7. Subleases Concession. The Lessee shall be permitted to sublease and/or grant concessions for the use of portions of the improvements for uses related to the Aquarium and all income derived therefrom shall be retained by the Lessee. 8. Modifications to Improvements. The Lessee shall be permitted to modify and renovate any improvements so long as such improvements or modifications do not impair the value of the Aquarium and such modifications and improvements are consistent with the principal use of an aquarium. 9. Approval of Sale. Any sale of the Aquarium by the Lessee shall require the approval of the buyer by the Lessor, which approval shall not be unreasonably withheld. This letter of intent is merely an expression of the parties' intent and nothing herein shall be binding upon the parties unless and until a formal lease agreement is executed between the parties. We look forward with great enthusiasm to this wonderful project. y ~71rs truly ~ #frtl) ~rt~ur Hertz 9096504.1 City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor July 7,2010 Roslyn Brezin Commissioner Arthur Hertz H&M Gables Investors, LLC C/O Arthur Hertz W ometco Enterprises, Inc. 3195 Ponce de Leon, 5th Floor Coral Gables, FL 33134 Gerry Goodman Commissioner GeorQe "Bud" Scholl Commissioner Rick Conner City Manager Re: First Amendment to Letter of Intent for Land Lease Between the City of Sunny Isles Beach and H & M Gables Investors, LLC. Hans Ottinot City Attorney Jane A. Hines City Clerk Dear Mr. Hertz: The City has reviewed the Letter of Intent regarding the above-referenced matter. Based on this review, the City has proposed the following amendments: 4. Rent. (a) For the first four years of the Lease no rent shall be payable. (b) Thereafter, the Base Rent shall be $324,000 per year. Every fifth year of the Lease, the Base Rent shall be adjusted by an amount base on the Consumer Price Index, increase over the base year. The parties agree to use the South Florida Consumer Price Index ofMiami-Ft. Lauderdale. (c) In addition to the Base Rent, the Lessee shall pay the Lessor Percentage Rent equal to 4% of the gross sales from the Aquarium, less the amount of the Base Rent. (d) All rent shall be paid in quarter annual installments. ~ Real Estate Taxes. The Lease shall provide that th.e Lessee sh.allnot be responsible for the payment of any real estate taxes for the Property or (]flY improvements thereon, unless required by the lavl of the State of Florida. Lessor shall cooperate \vith the Lessee in any negotiations or request or application to eJ<empt the Property and any Arthur Hertz July 7, 2010 Page 2 improvements thereon from the paymeR! of real estate taxes. The Lessee shall be responsible for payment of real estate taxes unless the property is determined to be exempt by the proper authorities. 10. Due Diligence Period. The parties agree to finalize a binding lease and development agreement within ninety (90) days from the date of approval of the Letter of Intent by the City Commission. The parties may agree to extend the Due Diligence period for thirty (30) days. lL Termination. The Lease is subject to termination by the City upon sixty (60) day notice in the event of the Aquarium or project as contemplated is not constructed or completed. 12. Conflict. Except as otherwise amended or modified herein, the terms of the original Letter of Intent shall remain in full force and effect. In the event of any conflict or inconsistency between the terms of this Amendment and the Letter of Intent, this Amendment shall control. I trust that the foregoing minor amendments are acceptable. The City looks forward to working with you. Agreed and Accepted: Arthur Hertz H&M Gables Investors, LLC 07/14/2010 14:05 PAGE 02/03 305-529-1485 WoMETCo ENT 5 FLOOR City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Comml~sioner Gerry Goodman Commissioner George HBud" Scholl Commissioner Rick Conner City Manager Ha ns Otti nol City Altomoy Jane A. Hines City Clerk July 7, 2010 Arthur Hertz H&M Gables Investors, LLC CIO Arthur Hertz Wometco Enterprises, Inc. 3195 Ponce de Leon, 5th Floor Coral Gables, FL 33134 Re: i First Amendment to Letter of Intent for Land Lease Between the City of Sunny Isles Beach and H & M Gables Investors, LLC. Dear Mr. Hertz: The City has reviewed the Letter of Intent regarding the above-referenced matter. Based on this review, the City has proposed the following amendments: 4. Rent. (a) For the first four years of the Lease no rent shall be payable. (b) Thereafter, the Base Rent shaH be $324,000 per year. Every fifth year of the Lease, the Base Rent shall be adjusted by an amount base on the Consumer Price Index, increase over the base year. The oatties ae;ree to use the South FlQrida Consumer Priee Index of Miami-Ft. ~auderdale. (c) In addition to the Base Rent, th,e Lessee shall pay the Lessor Percentage Rent equal to 4% iof the gross sales from the Aquarium, less the amount ofthci Base Rent. (d) All rent shall be paid in quarter apnual installments. ~ Real Estate Taxes. The Le~e shall provide that the Le~e shall not be respeooible (-or the payment of any rea.l estate taxes fer the Property or any i1fl1*'&vemems tHereoa, tmless req1:1ir.ed by the 1a".'1-e-f the State of Fffir-icla. hessor shall cooperate "..ita the Lessee ifl--!Hly negotiatioflS-0r-r~t or applicatiol'l ~o E!!Kemp-t the Property ~ ~~. Agenda Item \ 0 Q ~ - .,.- . ~ 07/14/2010 14:05 305-529-1485 I WOMETCO ENT 5 FLOOR PAGE 03/03 Arthur Hertz July 7, 2010 Page 2 improvements thereon €Pam the pfl)'Iflent ef real esmte taxes. The Lessee shall be reSDonsible for pavrnent of real estate taxes unless the DfO'pertv is determined to be exemot by the prODer authorities. i ": I I I I I I ] O. Due Diligence Period. The parties agree to finalize a binding lease and development a.greement within ninety (90) days from the date of approval of the Letter of Intent by the City Commission. The parties may agree to extend the Due Diligence period for thirty (30) days. lL Termination. The Lease is subject to tennination by the City upon sixty (60) day notice in the event of the Aquarium or project as contemplated is not constructed or completed. I 12. Co...nflict. Except as otherwise amended or modified herein, the terms of the original Letter of Intent shall remain in full force and effect. In the event of any contlict or inconsistency between the terms of this Amendment and the Letter of Intent, this Amendment shall control. I trust that the foregoing minor amendments are acceptable. The Ci:t)' looks forward to working with you. I Agreed and Accepted: at~ Arthur Hertz H&M Gables Invcstors, LLC City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner Rick Conner City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk July 14,2010 Via US Mail and Email David Shear, Esq. Arnstein Lehr LLP 201 Alhambra Circle, Ste. 601 Coral Gables, Florida 33134 James Brady, Esq. Arnstein Lehr LLP 200 E. Las Olas Blvd., Ste. 1700 Fort Lauderdale, FL 33301 Re: Exhibit to Letter of Intent for Land Lease Between the City of Sunny Isles Beach and H & M Gables Investors, LLC. Dear Mr. Shear and Mr. Brady: As agreed by the parties, this letter will serve as an exhibit to the Letter ofIntent to confirm the description of the Aquarium (also known as the Wometco Aquatic Center). The description of the Aquarium Project is attached hereto. It is important to note that the Project description was provided to the City Commission by Mr. Arthur Hertz at a commission meeting on January 28,2010. The minutes of the meeting are attached. Should the Project description be revised by your client, the consent of the City Commission is required. Thank you for your cooperation in this matter. /attachments cc: The Honorable City Commission Rick Conner, City Manager Arthur Hertz Sam Goren, Esq. Donald Doody, Esq. . 00 ~ ;,!i ~ QO: Iiit Ilijj \.llil \)OJ 00 .wi l>> X o' 3 l>> W OJ ~ o :T. ;::;: CD o ...... .. (fl QCf.I ~6 ~Z cnZ 5-< ::l '< ~ ijjC/) CDI CIlm ~C/) Q) g.W "m 0> 5:0 Q):I:: "0 )> ;;U " - ~ o S m -=I (") o )> o 6: )> =! o (") m z =f m ;:;u "D T' :5 =; n: ~. 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"11 U>l> "'''' 1~ '" c ~~ ~g " " '" - ,,~ a3 '" '" 3 .3- "- <O~ ,rib '" ~ -" 0'3 c" ~~ 0' 5' :T:T '" '" O':e '" " ,,= ?-8 ~ ~ '" ~ 5' '" Gl ~ a c- " :e ~ ". 5' " '" c " " !!l " '" F ~ 0" ~ c: ~ ~ o 3 '" o ;;; ". 5' ~ i ~I! iii" t5 :\ ~~~ :T,E ;-:' "'~--l ;~~ l~!t g g ~ g :r a ::] <0 :."I ~~~ 5-~ ~ o.o.~ cO'. ~il '" " ~ ~.~ ~ a~~ ~S:~ :f ro ~ :fa9: iii" 3 llJ "",c ~~~ 3<0 !.~ '" '" ~. co tii:r " '" a~ :rg. ~ - "'2..~ ~~ 0'" -" '" '" ~~ <0'" ;;rg (ij' 3 0'" ~~ a", s:?- "'--l 3~ " " 5f 2. SUMMARY MINUTES Regular City Commission Meeting Thursday, January 28,2010,6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials present: Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler Comm. Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl City Manager Rick Conner Assistant City Attorney Fernando Amuchastegui Assistant City Manager/Services Jorge Vera City Clerk Jane A. Hines, CMC 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Arthur Forman led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Mayor Edelcup gave opening remarks of decorum, and noted that our City Attorney Hans Ottinot is in Haiti. 3. APPROVAL OF MINUTES None 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Amended: Item Ion. Change Order 1 to Agreement with Coastal Construction for Heritage Park Garage; Additional Information: Item 10F. Agreement with West Construction for Skateboard Park; Add-On Items: Item lOG. Partial Stipulated Order of Taking, 215-255 Sunny Isles Boulevard, and Item lOH. Resolution Opposing Amendment No.4 to Florida Constitution. Action: Mayor Edelcup noted the above changes to the agenda. Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor, 5. SPECIAL PRESENTATIONS None 6. ZONING None Summary Minutes: Regular City Commission Meeting January 28, 20 I 0 City of Sunny Isles Beach, Florida 7. ORDINANCES FOR FIRST READING None 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) None 10. RESOLUTIONS lOA. Grant Memorandum of Agreement with the State of Florida, Department of Agriculture and Consumer Services, Division of Forestry. 10A.l A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Enter into a Grant Memorandum of Agreement with the State of Florida, Department of Agriculture and Consumer Services, Division of Forestry; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010-1516 was adopted by a voice vote of 5-0 in favor. 10A.2 A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply For, Receive and Accept by Execution of, a Grant Memorandum of Agreement with the State of Florida, Department of Agriculture and Consumer Services, Division of Forestry, to Improve the Condition ofthe City's Tree Canopy, for up to the Amount of $24,000.00; Authorizing the City Manager to Take Any and All Action Necessary with Respect to the Obtaining and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Finance Doug Haag reported. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010-1517 was adopted by a voice vote of 5-0 in favor. 2 Summary Minutes: Regular City Commission Meeting January 28,2010 City of Sunny Isles Beach, Florida lOB. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Approval of Budget Amendment No. BA0910-005 to Fiscal Year 200912010 Budget for Major Amendments: Unanticipated Changes to Operating Expenses - $100,950 from the General Fund; Planned Completion of Several Projects - $714,000 from the CIP Fund; Central Island Drainage Project - $550,000 from the Stormwater Fund; Finalize Land Acquisitions on Sunny Isles Boulevard - $8,350,000 From the General Fund to the Land Bank Fund; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Finance Doug Haag reported. Mayor Ede1cup said that the $1.333 Million is a debtor to the General Fund, City Manager Conner said they are in the process of setting up a repayment schedule for the Stormwater Fund, and Mr. Haag noted that it will also be identified in the Audit Report. Public Speakers: none Mayor Edelcup and Commissioner Scholl abstained as they are property owners on Atlantic Isle (Item "G" CIP Fund for Atlantic Isle Project). Mayor Edelcup passed the gavel to Vice Mayor Thaler. Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2010-1518 was adopted by a voice vote of3-0-2 (Mayor Edelcup and Commissioner Scholl abstained) in favor. IOe. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving the Naming of the South Collins Park System as "The Intracoastal Parks"; Naming the Individual Arms of the Park as "Sailfish Park", "Dolphin Park", "Stingray Park", "Manatee Park", "Marlin Park", and "Tarpon Park"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Conner reported noting that family names, per the individual purchase agreements, shall be incorporated and joined with the applicable names. Public Speakers: none Mayor Edelcup clarified that this is the new park system that will be developed on Collins Avenue that will run from Sunny Isles Boulevard south to the entrance of the City and it contains six individual arms and we are naming them. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2010-1519 was adopted by a voice vote of 5-0 in favor. 3 Summary Minutes: Regular Ciry Commission Meeting January 28, 2010 City of Sunny Isles Beach, Florida 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Change Order No. 1 to Agreement with Coastal Construction Company for Professional Construction Services for the Heritage Park and Parking Garage Project, in an Amount Not to Exceed $903,427.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerks' Note: This item was revised and distributed prior to the meeting. See action under Item 4A.] City Clerk Hines read the title, and Assistant City Manager/Services Jorge Vera reported noting that this is for the parking garage. Public Speakers: none Commissioner Goodman asked why they are separating the Park from the garage, changing the order. Mayor Edelcup said two years ago the Commission approved $14 Million to build a complete Park, but then we decided rather than do the whole $14 Million we would go in segments. The $9.2 Million was for a bare bones park, and we were going to see what else we wanted to add to the Park, and the difference now is about $400,000. Commissioner Scholl noted that this change order is modifying the garage contract which includes an extension of 20 days. City Manager Conner noted that we are still on track, and he distributed a sketch of the Park with proposed amenities. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution, as amended. Resolution No. 2010-1520 was adopted by a voice vote of 5-0 in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Partial Stipulated Order of Taking for Property Located at 215-255 Sunny Isles Boulevard; Providing the City Manager and the City Attorney With the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Attorney Amucbastegui reported noting that a settlement of $7.7 Million has been reached. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010-1521 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding RFP No. 09-11-01 and Entering into an Agreement with West Construction, Inc. for Professional Design and Build Services for a Skateboard Park at Town Center Park, in an Amount Not to Exceed $250,000.00, in Substantially the Same Form as Attached Hereto as Exhibit "A", Based on the Pricing, Terms, and Conditions Listed in the Bid Response, Attached Hereto as Attachment "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: [City Clerks' Note: This item was distributed prior to the meeting. See action under 4 Summary Minutes: Regular City Commission Meeting January 28, 2010 City of Sunny Isles Beach, Florida Item 4A.] City Clerk Hines read the title, and Assistant City Manager/Services Vera reported. Public Speakers: Michael Seal; Tito Porrata Michael Seal of West Construction, and Tito Porrata of Team Pain State Parks reported and presented renderings of the proposed Park, and said they should have the Park completed by the end of June. Mayor Edelcup noted that this Park will be in the back section of Town Center Park where the Easter Egg Hunt is usually held which will now go to Pelican Community Park. Mayor Ede1cup asked about covering the Park, and City Manager Conner said there will be a covering built over the Park which will include lighting and it will also buffer the noise. However, this will be a separate project/cost and is estimated to be between $120,000 and $150,000, and will be included in next year's budget. Commissioner Scholl said to do a differential on how much it will cost to do the cover and lighting, and what it will cost to mount the lighting on poles. It was noted that the Commission will be touring different skateboard parks. It was the consensus of the Commission for the City Manager to do the research and perhaps we can combine doing the park and the cover. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010-1522 was adopted by a voice vote of 5-0 in favor. lOG. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Partial Stipulated Order of Taking With Tenants for Property Located at 215-255 Sunny Isles Boulevard; Ratifying Settlement Agreement for Case Styled Gold Club, Inc. v. City of Sunny Isles Beach; Providing the City Manager and the City Attorney With the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerks' Note: This item was distributed prior to the meeting, and heard with Item 10E. See action under Item 4A.] City Clerk Hines read the title, and Assistant City Attorney Amuchastegui reported. Public Speakers: none Mayor Edelcup clarified that this is the former Doll House property, and now Gold Club, Inc. Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2010-1523 was adopted by a voice vote of 5-0 in favor. 5 Summary Minutes: Regular City Commission Meeting January 28,2010 City of Sunny Isles Beach, Florida lOH. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Opposing an Amendment to the Florida Constitution that Would Force Voters to Decide All Changes to a City or County's Comprehensive Plan; Providing the City Manager With the Authority to Do All Things Necessary to Effectuate this Resolution; Directing the City Clerk to Transmit a Copy of this Resolution to the Officials as Stated Herein; Providing for an Effective Date. Action: [City Clerh' Note: This item was distributed prior to the meeting. See action under Item 4A.] City Clerk Hines read the title, and Mayor Edelcup reported that this Resolution is opposing Amendment No.4 commonly called Florida Hometown Democracy Initiative that will limit, if adopted, the ability of local governments to adopt smart growth land use regulations, and hurt Florida's working families by preventing economic growth. Public Speakers: none ..J Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution, as amended. Resolution No. 2010-1524 was adopted by a voice vote of5-0 in favor. 101. Add-On from Discussion Item 121\ below: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2009-1504 Amending the Schedule for City Commission Meetings for Calendar Year 2010, by Changing the October 21, 2010 Regular City Commission Meeting to Thursday, October 14,2010; Providing for an Effective Date. Action: Mayor Edelcup reported. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010-1525 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion to Change the October 21, 2010 City Commission Meeting to Thursday, October 14, 2010. Action: [City Clerk's Note: Upon approval by the Commission, this item required a Resolution and is listed above as Item 101] Mayor Edelcup reported that he has a conflict as he will be in New York. After discussion it was the consensus of the Commission to move the October 21 meeting to October 14,2010. Public Speakers: none 6 Summary Minutes: Regular City Commission Meeting January 28, 2010 City of Sunny Isles Beach, Florida 12B. Discussion regarding a Proposed Aquarium within the City of Sunny Isles Beach. Action: Vice Mayor Thaler reported, and introduced Arthur H. Hertz, CEO of the Miami Seaquarium. Public Speakers: Arthur H. Hertz; Eduardo Castifieira Mr. Hertz introduced Eduardo Castiiieira, Architect President/CEO ofAxiorna3Architects, who handed out a booklet of renderings of the proposed project entitled "W ometco Aquatic Center, City of Smmy Isles Beach Town Center", and he presented each of the renderings. He noted that it is located across from St. Tropez, in between Srumy Isles Boulevard East and West and bordering on Collins Avenue. He presented a five-level site plan including a parking garage, restaurants, shops, banquet halls, a three-story aquarium including a portion where stingrays may be petted, etc. The garage can accommodate 140 to 150 cars, and the two banquet halls can easily accommodate 1,000 people. The Commission was very pleased with this proposal, and Mayor Ede1cup noted that this project meets the Comp Plan for pedestrian friendly, it is an educational process, family-oriented, includes banquet halls, and is very unique to all of South Florida. It would take over a portion of what the City has already acquired, and there is still an area to the west of that, and maybe combine ideas to fully develop the entire site so that we have an integrated project. Vice Mayor Thaler asked what the next step would be for the City, and Mr. Hertz said this was the first step, and now we will work on the financing portion which will take some time. After discussion it was the consensus of the Commission.to move forward with this project and instructed staff to work with Mr. Hertz. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 14. ADJOURNMENT Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to adjourn the meeting, and Mayor Edelcup adjourned it at 7:54 p.m. ~' Respe~ffjJl1y svbmitted by: ~ .. :' ;'Y' M4~ Jfuiei A. Hines, C:M:~, City Clerk " >'t~" \. Approved by the City Commission on Feb. 18, 2010 ., .:,. ~ 7 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Viir M'!yrJr Roslyn Brezin, Commi(l"ioner Gerry Goodman, Commi(l"ioner George "Bud" Scholl, CommirJioner (305) 947-0606 City 1 [all (305) 949-3113 ','ax (305) 947-2150 Building Department (305) 947-5107 Fax Rick Conner, Adi~g City Mana.ger Hans Ottinot, City Allorney Jane A. Hines, City Clerk MEMORANDUM DATE: July 15,2010 TO: FROM: Hans Ottinot, City Attorne RE: Approving a Letter of Intent and the First Amendment between the City of Sunny Isles Beach and H & M Gables Investors, LLC RECOMMENDATION: The attached Resolution is presented for your consideration. REASONS: The City and H& M Gables Investor, LLC ("operator of Seaquarium") have finalized a proposed Letter of Intent to facilitate the drafting of a lease and development agreement for the construction of an Aquarium at the site located at 151 Sunny Isles Boulevard. As you know, operator of the Seaquarium has expressed a strong interest in developing a private/public partnership with the City to develop an Aquarium in the City. To facilitate the execution of a Lease Agreement for the aforementioned property, the operator of Seaquarium has agreed to accept the terms outlined in the attached Letter of Intent and the First Amendment. In the proposed Letter of Intent and its amendment, the City and the operator of the Miami Seaquarium have agreed to enter a 99 year lease. Under the proposed Lease, the City will collect, with the exception of the first four (4) years of the Lease term, an annual rent in the amount of $324,000.00 (with appropriate inflating increases). H & M will be responsible for all costs associated with the construction of the Aquarium. The City will provide the Aquarium with the use of the parking garage that the City intends to build adjacent to the Aquarium. The City, however, will collect all revenues generated from the use of the garage. In addition to collecting rent, the City will be entitled to collect a percentage of the gross sales from the Aquarium less the amount of the Base Rent. The City will have the right to approve the sale of the Aquarium to a third party. The City will also have the right to terminate the Lease if the Aquarium is not constructed. Lastly, the parties agree to finalize all necessary agreements within ninety (90) days of approval of the Letter of Intent.