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File #: 1868   
Type: New Business - Add-On Status: Defeated
File created: 7/17/2020 In control: Planning and Development
On agenda: 7/21/2020 Final action: 7/21/2020
Title: Banana Riverfront, LLC
Attachments: 1. revised rider- 72091314.pdf, 2. Preserve Palm Beach Political Action Committee v Town of Palm Beach.doc, 3. 252.363 Tolling and extension of permits and other authorizations.doc, 4. squid lips staff report 072020 FINAL V8 1128.docx, 5. 19ER00037 Squid Lips 4 Comment Letters Combined.pdf
Banana Riverfront, LLC
Fiscal Impact:
Citizen Request / Kim Rezanka, Cantwell & Goldman, P.A.
Requested Action:
Request to allow Fla. Stat. 252.363 to act as a tolling of these permits, as set forth below, and/or to allow final approval of the project, per the Settlement Agreement, prior to the performance bond expiration on October 26, 2020.
Summary Explanation and Background:
RE: Banana Riverfront, LLC: Site Plan Application No. 19ER00037; Temporary CO PERMIT# 17BC10869; & Settlement Agreement dated March 21, 2017

On October 8, 2019, the County Commission voted to allow Banana Riverfront, LLC (a/k/a/ Squid Lips Cocoa Beach) nine months to complete all improvements required under the Settlement Agreement. That deadline is July 22, 2020. If the improvements are not completed by that date, County Staff is authorized to call the performance bond without further Board action. As we expect the work to completed by the end of the July or early August (but not sure as to inspection timeline and approvals), it is imperative that we have guidance on whether these three (3) "permits" have been tolled, or if a formal extension of that deadline is required.

Since the meeting with staff on Oct 10, 2019, MBV Engineering made its initial Engineering Revision submittal in November of 2019. After four (4) more resubmittals, a combined site plan was approved on June 2, 2020. As MBV worked with the County Staff, there were new items (such as planting the ponds and regrading area on the site) that were never contemplated. Also, due to complete business shutdown at Squid Lips from the "safer at home" order and the unexpected death of Banana Riverfront's contractor, there have been challenges to completing the work finally approved on June 2nd.

Final site plan approval was granted on June 2, 2020. The contractor that had been hired to perform all work necessary passed away unexpectedly this Spring, and Mr. Underi...

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