HomeMy WebLinkAboutReso 2011-1748
RESOLUTION NO. 2011- m<:2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING A
LETTER OF AGREEMENT WITH DR. ROBERT M.
CORNFELD FOR RESTAURANT MANAGEMENT SERVICES
AT THE SUNNY ISLES BEACHINEWPORT FISHING PIER,
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property designated as Sunny Isles Beach Pier (a/k/a Newport Pier),
located at 16701 Collins Avenue was designated by the Miami-Dade County Historic
Preservation Board as a historic site on January 21, 1982, and re-designated as a historic site on
June 6, 2005, by the Sunny Isles Beach Historic Preservation Board; and
WHEREAS, on December 13,2007 via Resolution No. 2007-1183 the City Commission
approved a Letter Agreement and Addendum with Dr. Robert M. Cornfeld to partnership with
Newport Operating Corporation (Dr. Robert Cornfeld, President) to equally share all costs for
design, removal, and replacement of the entire pier structure; and
WHEREAS, the replacement of the Pier and restaurant is now scheduled for completion;
and
WHEREAS, in conjunction with that effort the City wishes to enter into a Letter of
Agreement with Dr. Robert M. Cornfeld, for Restaurant Management Services at the Sunny Isles
BeachlNewport Fishing Pier, subject to the terms and conditions described in the Letter of
Agreement, attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION
BOARD OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Letter of Agreement. The Letter of Agreement with Dr. Robert M.
Cornfeld, for Restaurant Management Services at the Sunny Isles Beach/Newport Fishing Pier,
attached hereto as Exhibit "A", be and the same, is hereby approved.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 21 st day of July 2.0.1
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R2011- Ltr Agmt w/Comfcld Restaurant Mgmt at Pier
Page 1 of 2
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ATTEST:
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.\Jane.A. Htnes, CMC, City Clerk
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APPROVED AS TO FORM
AND L SUFFICIENCY:
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Vote: S-t)
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
R2011- Ltr Agmt w/Comfcld Restaurant Mgmt at Pier
Moved by:
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Seconded by:
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Page 2 of 2
City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Isaac Aelion
Commissioner
Jeanette Gatto
Commissioner
George "Bud" Scholl
Commissioner
Alan J. Cohen
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
June 27, 2011
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Dr. Robert M. Comfeld
3850 Hollywood Blvd., Suite 400
Hollywood, FL 33021
Re: Letter Agreement for Restaurant Managemt
Dear Dr. Comfe1d:
This shall serve as a Letter Agreement between the City of Sunny Isles Beach
(the "City") and Dr. Robert M. Comfeld ("Comfeld") or assignee with the
consent of the City for restaurant management services at the Sunny Isles Beach
PierlNewport Fishing Pier located at 16701 Collins Avenue (the "Pier"). As you
know, the replacement of the Pier and restaurant is scheduled for completion.
Given this pending deadline, it is important that the parties agree to certain
responsibilities to manage the Pier restaurant. More precisely, the management
responsibilities shall be defined as follows:
1. Comfeld shall have the responsibility to select the restaurant to
operate at the Pier, provided that the consent of the City is
obtained at all instances to select an initial operator or to fill
vacancies; and
2. Comfeld shall have the authority to negotiate terms/ conditions of
lease agreement with potential restaurant operators provided that
the terms and conditions are accepted by the City; and
3. The City and the restaurant operators selected shall enter into
separate lease agreements; and
4. In exchange for $1.00 (one dollar) consideration, to be paid by
the City to Comfeld each year under this letter agreement,
Comfeld shall be responsible for collecting all rent from the
restaurant operator each month on behalf of the City.
5. This Letter Agreement amends Paragraph 5 of the Letter
Agreement (attached hereto) executed by the City of Sunny Isles
Beach and Robert M. Comfeld as President of Newport
Operating Corporation.
6. This Letter Agreement is for a one (1) year term and shall
automatically renew for consecutive one (1) year terms unless the
City gives thirty (30) days notice of termination to Cornfeld.
I look forward to continuing our productive public/private partnership. Please
sign and date your signature below to confirm your agreement with the above
terms. This Letter Agreement is subject to the approval of the City
Commission.
Very truly yours,
~
Alan J. ~ohen, City Manager
/ Attachment
cc: Honorable City Commission
Hans Ottinot, City Attorney
City Commission
Norman S. Edelcup
Mayor
November 28, 2007
.. 305.947.0606
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Lewis J. Thaler
Vice Mayor
Robert M. Cornfeld
President
Newport Operating Corporation
3850 Hollywood Boulevard, Suite 400
Hollywood, Florida 33021
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
Re: Letter of Al!reement for Replacement of Sunny Isles Beach Fishinl!
Pier
A. John Szerlag
City Manager
Dear Dr. Cornfeld:
Hons Oftinot
City Attorney
Jane A. Hines
City Clerk
As we discussed, removal and replacement of the fishing pier needs to be
accomplished in an expedient fashion. This is because the structure east of the
shore-line is structurally deficient. Given this, I'm prepared to recommend to the
Mayor and Commission the following elements of a public private partnership:
1. The City of Sunny Isles Beach and Newport Operating Corporation
(herein after referred as "Cornfeld") will agree to equally share all
costs for design, removal, and replacement of the entire pier structure
(both east and west of the erosion control line). However, Comfeld's
contribution will not exceed Two Million Dollars ($2,000,000)
Payments will be made to the City by Comfeld within 30 days of
mVOlce.
2. The City will control the entire project, but will provide Cornfeld with
an opportunity to provide input on the final design.
3. Any funds received from other governmental agencies toward this
project will be used to defray project costs.
4. The City of Sunny Isles Beach will be the lessee with the State of
Florida for the fishing pier. And all major repairs as well as property
and casualty insurance costs to the entire pier structure will be the
responsibility of the City of Sunny Isles Beach.
5. The City will select the firm that occupies the restaurant portion of the
fishing pier.
6. Residents of the City and guests of the Newport Hotel can use the
fishing pier at no cost.
R. Comfeld - Fishing Pier Agreement Ltr.
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7. All net revenues obtained from the fishing pier and restaurant lease
will be shared equally between Comfeld and the City of Sunny Isles
Beach, so long as the cost for design, removal, and replacement of the
Pier structure does not exceed Four Million Dollars ($4,000,000). If
the City's share for design, removal and replacement of the pier
structure is greater than Two Million Dollars ($2,000,000), the City
will receive 75% of the net revenues until the additional cost incurred
by the City is equalized compared with Comfeld's contribution of Two
Million Dollars ($2,000,000). Following is an example of this
calculation:
City share project cost
Comfeld share project cost
Total project cost
$3 Million
$2 Million
$5 Million
Additional cost incurred by the City
$1 Million
First year total net revenues
First year City share revenues
First year Comfeld share revenues
$100,000
$75,000
. $25,000
Net revenues include operation and maintenance cost, and
excludes costs set forth in paragraph 4 above.
In the above example, the City will receive 75% of the net revenue
until the additional One Million Dollars ($1,000,000) expenditure
by the City is recovered. After the City recovers its additional
expenditure, net revenues will be shared equally.
8. If all necessary permits have not been obtained from all governmental
agencies by February 2009, then this agreement shall be null and void.
9. Neither party shall be required to perform under this agreement if the
Pier is destroyed permanently by Acts of God which include but are
not limited to hurricanes, earthquakes, and tornadoes.
R. Comfcld - Fishing Pier Agreement Ltr.
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This letter agreement is subject to approval of the City Commission. The
agreement is binding upon both parties and its successors, and assigns upon
execution and the approval of the City Commission. Please review and execute
below if you are in agreement with the terms of this letter.
I look f~ard to working with you on this very important project.
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cc: Hans Ottinot, City Attorney
Newport Operating Corporation
R. Comfeld - Fishing Pier Agreement Ltr.
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City Commission
Norman S. Edelcup
Mayor
December 13,2007
FAX - U.S. MAIL
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Robert M. Cornfeld, President
Newport Operating Corporation
3850 Hollywood Boulevard, Suite 400
Hollywood, Florida 33021
Gerry Goodman
Commissioner
George "Bud" Scholl
Commissioner
A. John Szerlag
City Manager
Hans Ottinol
City Attorney
Jone A. Hines
City Clerk
Re: Addendum to Letter of Al!reement for Replacement of Sunny Isles
Beach
Fishinl! Pier.
Dear Dr. Cornfeld:
As we further discussed, you will remit to the City of Sunny Isles Beach $500,000
which will function as a deposit for the removal, design, and construction of the
Sunny Isles Beach/Newport Fishing Pier. In addition, the City will also allocate
$500,000 as a deposit for the above referenced pier elements. This fund which
will total $1 million will be held in a City Capital Improvements Project Account
entitled "Sunny Isles Beach/Newport Fishing Pier" and be drawn upon on an as
needed basis by the City of Sunny Isles Beach. The City will control this
budgetary account.
Additionally, you will establish a non transferable" pledge" account with Lehman
Brothers for the Fishing Pier Project. This account will carry a beginning balance
of $1.5 million with the City of Sunny Isles Beach being the only authorized
signatory/beneficiary on the account. The City will then be authorized to
withdraw on an as needed basis a total amount not to exceed $1.5 million. Any
interest earning on the account will be returned to you, and likewise you'll be
responsible for all commissions and charges on that account. The City will also
allocate $1.5 million to its Capital Improvement Account for the Fishing Pier.
The deposit, trust, and City Capital Account needs to be established no later than
January 10, 2008. And this letter and the initial agreement letter will be finalized
in a contract prepared by the City Manager and City Attorney.
If construction on the Pier does not begin within (3) years from approval of this
agreement, any unused funds that you contributed in the initial deposit, as well as
unused funds in the trust that you established, will be returned to you.
R. Cornfeld - Addendum Ltr.
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A. John Szerlag
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I look forward to a productive public/private partnership that will result in the best
Fishing Pier in the State of Florida.
cc: Hans Ottinot, City Attorney
I concur with the above comments made by the City Manager.
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R. CornfdJ - .\JJenJum J .tr.
Preview
Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Hans Ottinot, City Attorney
DATE:
7/21/2011
RE:
Approving Letter Agreement with Dr. Robert Cornfeld for Restaurant
Management Services at Sunny Isles BeachlNewport Pier
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS:
As you know the replacement of the Pier and Restaurant is an on-going project. The City
is in need of restaurant management services for the Sunny Isles Beach /Newport Pier
and Dr. Robert Cornfeld has agreed to take on this responsibility. Dr. Cornfeld is the
owner and operator of the Newport Hotel. The Hotel will provide support services to the
pier restaurant according to Dr. Cornfeld.
ATTACHMENTS:
. Resolution
. Letter Agreement
http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=5 5 3&MeetingID=0&MeetingDate... 7/15/2011
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis Thaler, Vice Mayor
Isaac Aelion, Commissioner
Jeanette Gatto, Commissioner
George "Bud" Scholl, Commissioner
Alan J. Cohen" City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
The Honorable City commis~~~
Hans Ottinot, City Attorney ~ \J
July21,2011
Approving a letter Agreement with Dr. Robert Cornfeld for Restaurant
Management Services at Sunny Isles Beach/Newport Pier
Recommendation:
This Resolution is presented for your consideration.
Reasons:
As you know the replacement of the Pier and Restaurant is an on-going project. The City
is in need of restaurant management services for the Sunny Isles Beach /Newport Pier
and Dr. Robert Comfeld has agreed to take on this responsibility. Dr. Comfeld is the
owner and operator of the Newport Hotel. The Hotel will provide support services to the
pier restaurant according to Dr. Comfeld.
/attachment
HO/jb