Reso 2014-2217 - Laserfiche WebLink

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RESOLUTION NO. 2014 - ;) a A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DECLARING NECESSITY TO INITIATE LEGAL PROCEEDINGS AGAINST PORTO BELLAGIO CONDOMINIUM ASSOCIATION, INC. ( "PORTO BELLAGIO") IN ORDER TO ENFORCE INGRESS /EGRESS EASEMENT AGREEMENT; REQUIRING A MEETING BETWEEN PORTO BELLAGIO AND CITY OFFICIALS WITHIN THIRTY (30) DAYS OF THE DATE OF APPROVAL OF THIS RESOLUTION; PROVIDING THE CITY ATTORNEY WITH THE AUTHORITY TO RETAIN OUTSIDE COUNSEL TO INITIATE LEGAL PROCEEDINGS AND DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City ") and Porto Bellagio Condominium Association, Inc. ( "Porto Bellagio ") entered into an Ingress /Egress Easement Agreement on February 23, 2005 (the "Agreement"). a copy of which is attached hereto as Attachment "A" and incorporated herein by reference; and WHEREAS, the purpose of the Agreement is to provide the City with an easement over and across part of the common elements of Porto Bellagio for pedestrian and emergency vehicle ingress /egress to and from 172nd Street; and WHEREAS, Porto Bellagio has refused to agree to move a utility box that is currently located on the easement parcel, as more particularly shown in Attachment "B ", a copy of which is attached hereto and incorporated hereby by reference; and WHEREAS, the placement of the utility box on the easement parcel is a violation of the Agreement and prohibits the City from using the easement parcel for ingress /egress purposes; and WHEREAS, the City has attempted in good faith to resolve this issue with Porto Bellagio to no avail; and WHEREAS, the City's only recourse is to initiate formal legal proceedings against Porto Bellagio in order to enforce the terms and conditions of the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. Section 2. Require a Meeting, A meeting is required between Porto Bellagio and City Officials within thirty (30) days of the date of approval of this Resolution.