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RESOLUTION NO. 2013- 2I <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST <br />AMENDMENT TO PERPETUAL OPEN SPACE EASEMENT <br />BETWEEN THE CITY OF SUNNY ISLES BEACH AND OCEAN <br />RESERVE CONDOMINIUM ASSOCIATION, INC. RELATING <br />TO HERITAGE PARK, IN SUBSTANTIALLY THE SAME FORM <br />ATTACHED HERETO AS EXHIBIT "A "; PROVIDING THE <br />MAYOR WITH AUTHORITY TO EXECUTE SAID <br />AMENDMENT; PROVIDING THE CITY MANAGER AND THE <br />CITY ATTORNEY WITH THE AUTHORITY TO DO ALL <br />THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; <br />PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, Ocean Reserve Condominium Association, Inc., ( "Ocean Reserve ") entered <br />into a Perpetual Open Space Easement dated March 3, 2009, (the "Easement ") between Ocean <br />Reserve and the City of Sunny Isles Beach (the "City ") for the limited purpose of preserving <br />open space in connection with the construction and use of a public park by and for the City, more <br />commonly known as Heritage Park; and <br />WHEREAS, pursuant to the terms and conditions of the Easement, Ocean Reserve and <br />City agreed that the Easement may be modified through written amendment; and <br />WHEREAS, the parties wish to enter into a First Amendment to Perpetual Open Space <br />Easement so that Ocean Reserve accepts five (5) existing parking spaces within the Easement <br />Parcel in addition to a perpetual right to receive and use three (3) parking passes for the Heritage <br />Park parking garage on the western side of the first floor area, or such other area within the <br />Heritage Park parking garage area in the event that no parking is available within the western <br />side of the first floor area of the Heritage Park parking garage area, subject to certain terms and <br />conditions, as more particularly described in the attached Exhibit "A ". <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Approval of the First Amendment to Lease Agreement. The First Amendment to <br />Perpetual Open Space Easement Agreement between Ocean Reserve Condominium Association, <br />Inc., and the City of Sunny Isles Beach, attached hereto as Exhibit "A" is hereby approved in <br />substantially the same form. <br />Section 2. Authorization of Mayor. The Mayor is authorized to execute said Amendment <br />Section 3. Authorization of City Manager and City Attorney. The City Manager and City <br />Attorney are hereby authorized to do all things necessary to effectuate the terms of this <br />Resolution. <br />Page 1 of 2 <br />