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RESOLUTION NO. 2001-400 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY tSLES BEACH, FLORIDA, AMENDING THE PERMIT AGREEMENT BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE NEWPORT OPERATING MANAGEMENT CORP., D/B/A NEWPORT BEACH SIDE RESORT, ITS SUCCESSORS OR ASSIGNS ("PERMITTEE"), DATED NOVEMBER 2, 1999, APPROVED BY RESOLUTION 99-171; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR APPROVAL OF CHANGES IN ORIGINALLY APPROVED SPECIFICATIONS AND PERMITTEE'S OBLIGATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 2,1999, by Resolution 99-170, the City Commission of the City of Sunny Isles Beach approved an Interlocal Agreement transferring the Gilbert Samson Park from Miami-Dade County to the City of Sunny Isles Beach, including the Permit Agreement by and between the City of Sunny Isles Beach and the Newport Operating Management Corp., d/b/a Newport Beachside Resort, its successors and/or assigns (the "Permittee"), which granted to the Permittee a term of 99 years in consideration of the provision of a life-guard and maintenance of park facilities; and WHEREAS, in accordance with paragraph 16 of the Permit Agreement, the Agreement provides that it is "the intention of all parties that Permittee shall have unimpeded access to the pier, and adjacent hotel property, at all times"; and WHEREAS, in accordance with paragraph 8 of the Permit Agreement, the Permittee must obtain prior written approval from the City for any changes from the originally approved specifications, business activities, signage and graphics; and WHEREAS, Permittee now wishes to build a condominium tower adjacent to the Newport Beachside Resort, which is the subject of an anticipated zoning application to be heard subsequent to, and provided, that the City Commission approves ingress and egress through the Pier Park for the project, in accordance with this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals: All recitals set forth in the "Whereas" clauses, are incorporated herein by reference as if same were fully set forth herein. Section 2. Approval of Change of Originally Approved Specifications: The City Commission hereby approves ingress and egress of the Permittee as a prerequisite to, and in connection with, any anticipated zoning application for a condominium tower, to be located adjacent to the Beachside Resort ("the Project"), provided however, that the Commission so approves such zoning application when, and if, it is properly presented for public hearing, including a detailed plan reflecting the changed ingress and egress points as well as a detailed plan of the Pier Park changes. This approval, however, is a condition precedent to the review R2001-4DO Permit Agreement Newport 1