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RESOLUTION NO.2003-klS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING SECOND AMENDMENT TO 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 AND DATED DECEMBER 13, 2001, APPROVED BY RESOLUTION NO. 2001-400; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution No. 99-177, adopted on November 2, 1999, the City Commission approved a Permit Agreement between the City and the Newport Operating Management Corp., d/b/a Newport Beachside Resort, its successors and/or assigns (the "Permittee"); and WHEREAS, by Resolution No. 2001-400, adopted on December 13, 2001, the City amended the Permit Agreement to provide ingress and egress to the Permittee in connection with a condominium tower project, which was approved pursuant to Resolution No. 02-Z-66; and WHEREAS, the City and the Permittee have agreed to modify the Permit Agreement to, among other things, provide for certain revisions to the Pier Park Plans as set forth in the Amended Permit Agreement, attached hereto as Exhibit "A". 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 Amendment to Permit Agreement: The City Commission hereby approves the Amended Permit Agreement, attached hereto as Exhibit "A". Section 3. Effective Date: This Resolution shall be effective upon adoption. PASSED AND ADOPTED this ~ day of ~~la.e,.y ,2003. ATTEST:, . ~ . ...! '. ..., .' "" ,I . '" ".' '\ ~41~L Jane A. 'Hines,.City qerk ;1 Permit Agreement Newport1 Legislation/Resolutions/Attorney 12/1/03 -- 11;36 AM Gb) 1