HomeMy WebLinkAboutReso 2012-1910RESOLUTION NO. 2012 - 1 q l 6
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT BETWEEN THE CITY AND LA PERLA
CONDOMINIUM ASSOCIATION, INC. FOR TEMPORARY USE
OF THEIR PROPERTY LOCATED AT 16699 COLLINS AVENUE,
TO FACILITATE CONSTRUCTION OF THE NEWPORT PIER,
IN SUBSTANTIALLY THE SAME FORM AS ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY
MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is in need of temporary use of a small portion of private property
owned by the La Perla Condominium Association, Inc., at 16699 Collins Avenue, to facilitate
construction of the Newport Pier; and
WHEREAS, City staff have met with La Perla representatives and have agreed to allow
the City the use of the property subject to certain conditions as stated in the Agreement, attached
hereto as Exhibit "A "; and
WHEREAS, the City wishes to approve the Agreement with La Perla Condominium
Association, Inc., for temporary use of private property located at 16699 Collins Avenue for the
Newport Pier Reconstruction Project subject to certain conditions, in substantially the same form
as 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. Approval of Agreement. The Agreement between the City and La Perla
Condominium Association, Inc., for temporary use of private property located at 16699 Collins
Avenue for the Newport Pier Reconstruction Project, subject to certain conditions, is hereby
approved in substantially the same form as attached hereto as Exhibit "A ".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. 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 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 10th day of May 2012.
82012- Laperla Agmt Temp Use Of Property For Pier Page 1 of 2
ATTEST:
Jane A. Hines, CMC, City Clerk
AS TO FORM
Attorney
Vote: 5 -O
Norman adelcup, Mayor
Moved by: 0&�_w'j
Seconded by: OZMMA;l.U"Sc Ol_L
Mayor Edelcup
✓ (Yes)
_(No)
Vice Mayor Thaler
I/(Yes)
(No)
Commissioner Aelion
✓(Yes)
(No)
Commissioner Gatto
_V Yes)
(No)
Commissioner Scholl
(Yes
_(No)
82012- Laperla Agmt Temp Use Of Property For Pier Page 2 of 2
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CITY OF SUNNY ISLES BEACH
y LICENSE AGREEMENT
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This License Agreement ( "Agreement ") is made as of the day of
2012, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation ( "City ") and La
Perla Condominium Association, Inc. ( "La Perla").
RECITALS
Whereas, La Perla is the owner of the property located at 16699 Collins Avenue, Sunny Isles
Beach, Florida 33160; and
Whereas, La Perla has approached the City about entering into a license agreement for the
construction of a beach access on the Property; and
Whereas, the City desires to enter into this license agreement with La Perla for said purpose.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00), and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein in
their entirety.
2. Use of Property. La Perla hereby grants a license to City the right to use a limited area
off the Property's seawall walkway and pool deck area located at 16699 Collins Avenue for
construction of the beach access area (the "Property ") for the Sunny Isles Beach/Newport Fishing Pier
(the "Pier ") as described in Attachment "A." This area shall not be used for any other purpose.
3. Relocation of Fence. During the period of construction of the Pier and beach access
area, the existing fence on the south perimeter of the pool deck on the Property shall be temporarily
relocated north of its current position to permit the construction of the beach access walkway and Pier
deck. This temporary fence shall be a white picket fence to match the existing fence. When
construction of the beach access is finished, the fence shall be restored to its original location and shall
match the remainder of the white picket fencing.
4. Term. This License Agreement shall commence from the date the existing fence on the
south perimeter of the pool deck is temporarily relocated north of its current position, and shall continue
until the construction of the beach access staircase off of the Property's seawall walkway is complete.
5. License Fees. As consideration for this Agreement, the City agrees to pay to La Perla an
amount not to exceed Ten Thousand Dollars ($10,000.00) for La Perla to construct the beach access
staircase off of the Property's seawall walkway. La Perla shall provide the City with documentation of
its expenses before the City disburses the funds.
6. Pier Park upgrade plans. When the City renovates Pier Park, located at 16501 Collins
Avenue, Sunny Isles Beach, Florida 33160, (at the conclusion of the Pier reconstruction project and
after Florida Power and Light ( "FPL ") undergrounding project in the area has been complete) the City
will discuss the preliminary plans with La Perla's Board of Directors.
7. Review of La Perla's pool deck expansion. Upon submittal by La Perla, the City
will expedite the review of the plans for the pool deck if such plans are consistent with applicable laws.
8. Pier Park narking. The City agrees to monitor the present parking lot configuration at
Pier Park to facilitate the free movement of vehicles in the designated rights of way that are used by
both the general public and the Property's residents, provided that all safety concerns are satisfied.
9. Assignment. This Agreement may not be assigned or sublet by La Perla, in whole or in
part, without prior written consent of the City.
10. Maintenance. The City shall keep and maintain the beach access area located in
the Property in good and safe condition, including the regular removal of all litter and trash, and repair
any damage to the beach access staircase off of the Property's seawall walkway, except for damage
caused by the deliberate or negligent conduct of La Perla's agents, servants, employees, agents, and/or
subcontractors.
11. Indemnification. This Agreement is one of licensing of property and is not a
bailment. The City shall indemnify, defend and hold harmless La Perla, its agents, servants or
employees for any loss, theft or damage or injury to any person or to the Property, except for any
injury to any person and /or damage to the beach access staircase off of the Property's seawall walkway
that is caused by the deliberate or negligent conduct of La Perla, including its agents, servants,
employees, guests and/or invitees.
12. Attorneys Fees. In the event of any dispute arising out of or related to this
Agreement, the prevailing party shall be entitled to receive the reasonable attorneys' fees, costs and
disbursements and court costs incurred by the City through the trial and all appellate levels and
including any of same incurred in connection with enforcement of judgments and other collection
costs.
13. Binding. The provisions of this Agreement shall be binding upon the parties
thereto and their respective successors and/or assigns.
14. Severability. The terms of the Agreement are independent of and severable from each
other, and neither this Agreement nor any provision shall be affected or rendered invalid or
unenforceable by virtue of the fact that any other or others of them may be invalid or
unenforceable, in whole or in part for any reason.
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15. Governing Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Any action, in equity or law, with respect to this
Agreement must be brought and heard in Miami -Dade County.
16. Independent Relationship. This Agreement does not evidence the creation of, nor
shall it be construed as creating, a partnership or joint venture between the City and La Perla cannot
create any obligation or responsibility on behalf of the City or bind the City in any manner. Each party
is acting for its own account, and it has made its own independent decisions to enter into this
Agreement and as to whether the same is appropriate or proper for it based upon its own judgment and
upon advice from such advisers as it has deemed necessary. Each party acknowledges that none of the
other parties hereto is acting as a fiduciary for or an adviser to it in respect of this Agreement or any
responsibility or obligation contemplated herein.
17. Amendment. This Agreement may not be amended, unless evidenced in writing and
executed by all Parties hereto.
18. Captions. The captions and headings of sections or paragraphs used in this Agreement
are for convenient references only and shall not limit, define or otherwise affect the substance or
construction of provisions of this Agreement.
19. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and may not be changed, altered or modified except by an instrument in writing signed by the
party against whom enforcement of such change would be sought.
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IN WITNESS WHEREOF, La Perla Condominium Association, Inc. and the City of Sunny Isles
Beach have executed this License Agreement as of the day and year first above written.
WITNESS:
Printed Name
ATTEST
Im
Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Hans Ottinot, City Attorney
LA PERLA CONDOMINIUM
ASSOCIATION, INC.
LE
Sign and Print Name
CITY OF SUNNY ISLES BEACH
:
Alan J. Cohen, City Manager
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Page 1 of 2
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
The Honorable Mayor and City Commission
Alan J. Cohen, City Manager
5/10/2012
Agreement with La Perla for use of their property for the Pier
reconstruction
RECOMMENDATION:
Approve the agreement
REASONS:
Our Pier reconstruction project manager has informed us that we need to temporarily use
a small portion of private property owned by the La Perla Condominium. The land is
needed to properly install one of the piles for the pier, to frame and pour the deck for the
pier and to reconstruct the paver walkway that runs westward from the pier.
We have met with representatives of the La Perla Board of Directors and have agreed to
the following conditions, subject to Commission approval.
The existing fence on the south perimeter of the pool deck would be temporarily
relocated north of its current position, as shown in the attached photo. The temporary
fence would be a white picket fence to match their existing fence.
When construction is completed, the fence will be restored to its original location and
match the rest of the white picket fencing.
The City will fund, in an amount not to exceed $10,000, the construction of a beach
access staircase off of the La Perla seawall walkway. La Perla will be responsible for
applying for all permits and managing the construction of the stairs.
http: // sibagenda.sibfl.netlagendalPreview.aspx?ItemID= 788 &MeetingID= O &MeetingDate =... 5/3/2012
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Page 2 of 2
When the City upgrades Pier Park (at the conclusion of the Pier reconstruction project
and after the FPL undergrounding project in that area has been completed), the City will
first meet and discuss with the La Perla Board of Directors its park upgrade plans.
The City will expeditiously review and approve the plans for the La Perla pool deck
expansion project.
The City will more actively monitor the present parking lot at Pier Park to ensure the
free movement of vehicles in the designated rights of way that are used by both the
general public and La Perla residents.
FUNDING SOURCE:
Funding is from the Pier Park CIP 20- 600 -5670
ATTACHMENTS:
Resolution
http: / /sibagenda.sibfl. net / agenda /Preview.aspx ?ItemlD= 788 &MeetingID= O &MeetingDate =... 5/3/2012