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<br />RESOLUTION NO. 2004-J,;] I <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN <br />INGRESS AND EGRESS AGREEMENT BETWEEN THE CITY <br />OF SUNNY ISLES BEACH AND CORNERSTONE GROUP D/B/A <br />LA PERLA; AUTHORIZING THE MAYOR TO EXECUTE SAID <br />AGREEMENT; PROVIDING THE CITY MANAGER WITH THE <br />AUTHORITY TO DO ALL THINGS NECESSARY TO <br />EFFECTUATE THE INTENT OF THIS RESOLUTION; <br />PROVIDING FOR AN EFFECTIVE DATE <br /> <br />WHEREAS, pursuant to Resolution No. 99-171, adopted by the City Commission on <br />November 2, 1999, the City and Newport Operating Management Corporation (''Newport'') <br />entered into a Permit Agreement for the operation of the Gilbert Samson Memorial Park, now <br />known as Pier Park; and <br /> <br />WHEREAS, in consideration of the Permit Agreement, Newport agreed to manage and <br />maintain the park for the public, as well as provide lifeguard services for the nearby beach; and <br /> <br />WHEREAS, pursuant to the Permit Agreement, the City provided Newport with the <br />ability to use Pier Park for ingress and egress purposes; and <br /> <br />WHEREAS, by letter dated March 5, 2004, the City terminated the Permit Agreement <br />because Newport failed to obtain the City's written approval prior to subletting the park for <br />private use; and <br /> <br />WHEREAS, by Resolution No. 2001-400, La Perla's site plan was conditioned upon <br />ingress and egress through Pier Park, which ingress and egress is now in jeopardy; and <br /> <br />WHEREAS, in consideration of the terms herein, the City is willing to enter into an <br />Ingress and Egress Agreement with the Cornerstone Group to establish new terms and conditions <br />for the use of Pier Park for ingress and egress purposes; and <br /> <br />WHEREAS, the City and the Cornerstone Group have agreed to the terms of the Ingress <br />and Egress Agreement, attached ,hereto as Exhibit "A." <br /> <br />NOW THEREFORE, BE IT RESOLVED, BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Incorporation of Recitals. All recitals set forth in the "Whereas" clauses are <br />incorporated herein by reference, as if same were fully set forth herein. <br /> <br />Section 2. Approval of Ingress and Egress Agreement. The City Commission hereby <br />approves the Ingress and Egress Agreement, attached hereto as Exhibit "A". <br /> <br />Draft R2004- Cornerstone Ingress & Egress Agrrnt.Doc <br /> <br />1 <br /> <br />SIB <br />