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RESOLUTION NO. 2018-2 C• <br /> A RESOLUTION OF THE CITY COMMISSION OF THE CITY <br /> OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN <br /> AMENDED INGRESS/EGRESS EASEMENT AGREEMENT AND <br /> A MEDIATION SETTLEMENT AGREEMENT ATTACHED <br /> HERETO, IN SUBSTANTIALLY THE SAME FORM AS - <br /> EXHIBIT "A" A "B", RESPECTIVELY, BETWEEN THE <br /> CITY OF SUNN ISLES BEACH AND PORTO BELLAGIO <br /> CONDOMINIUM ASSOCIATION, INC.; AUTHORIZING THE <br /> MAYOR TO EXECUTE SAID AGREEMENTS; AUTHORIZING <br /> THE CITY ATTORNEY AND THE CITY MANAGER TO DO ALL <br /> THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS <br /> RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, the City of Sunny Isles Beach (the "City") and Porto Bellagio <br /> Condominium Association, Inc. ("Porto Bellagio") entered into an Ingress/Egress Easement <br /> Agreement on February 23, 2005 (the "Agreement"); and <br /> WHEREAS, the purpose of the Agreement is to provide the City with an easement over <br /> and across part of the common elements of Porto Bellagio for pedestrian and emergency vehicle <br /> ingress/egress to and from 172nd Street; and <br /> WHEREAS, in 2014, the City initiated a lawsuit against Porto Bellagio to enforce the <br /> conditions of the Agreement; and <br /> WHEREAS, on July 13, 2018, the City and Porto Bellagio thru mediation reached an <br /> agreement and settled the lawsuit which included amending the existing Ingress/Egress Easement <br /> Agreement and other terms; and <br /> WHEREAS, the City Commission wishes to approve the Amended Ingress/Egress <br /> Easement Agreement and the Mediation Settlement Agreement between Porto Bellagio and the <br /> City attached hereto in substantially the same form as Exhibit "A" and "B". <br /> NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> Section 1. Approval of the Amended Easement Agreement and Mediation Settlement <br /> Agreement. The Amended Ingress/Egress Easement Agreement and Mediation settlement <br /> Agreement between the City of Sunny Isles Beach and Porto Bellagio Condominium <br /> Association, Inc. are hereby approved in substantially the same form as the attached Exhibit "A" <br /> and Exhibit"B". <br /> Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the Amended <br /> Ingress/Ingress Easement Agreement and Mediation Settlement Agreement by and between the <br /> City of Sunny Isles Beach and Porto Bellagio Condominium Association, Inc. in substantially the <br /> same form as the attached Exhibit "A" and" B" respectfully. <br /> Approving Amended Ingress/Egress Easement Agreement I of 2 <br />