Reso 2005-819 - Laserfiche WebLink

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FIRST AMENDMENT TO INGRESS EGRESS AGREEMENT This First Amendment to Ingress Egress Agreement (this "Amendment") is made as ofthe K to fV\. day of June, 2005, by the City of Sunny Isles Beach (a Florida municipal corporation (the "City") and LA PERLA SUNNY ISLES, L.L.c., a Florida limited liability company, its successors and assigns ("La Perla"). RECITALS Whereas, pursuant to Resolution No, 2004-611, adopted by the City Commission on May 6, 2004, the City and La Pcrla entered into that certain Ingress Egress Agreement, of even date, which was recorded in Official Records Book 22311 at Page 2928 of the Public Records of Miami.Dade County, Florida (the "Ingress Egress Agreement"); and Whereas, La Perla and the City have agreed to modify and amend the Ingress and Egress Agreement. as hereafter set forth. NOW THEREFORE, in consideration of the premises, and the mutual covenants and provisions set forth herein, the City and La Perla agree as follows; I) Recitals. TIle foregoing recitals are true and correct and are incorporated by reference herein 2) Construction of Pier Park Improvements, Section 6 of the Ingress and Egress Agreement is amended to read as follows; 6. Construction of Pier Park Improvements. La Perla shall constmct certain improvements to Pier Park, referred to as the "Pier Park Improvements," in accordance with the Pier Park Plans, as amended by the Witkin Design Group, and consisting of 3 sheets dated, signed and sealed as of November 20, 200 I, and last revised on November 26, 2003 (the "Revised Pier Park Plans") attached hereto as Exhibit "B". La Perla and City acknowledge that in the future additional revisions may be made to the Revised Pier Park Plans to include certain additional restrooms, lighting and other improvements to Pier Park apart from La Perla's obligations which are to be provided and paid for by the developer of the "Jade Beach" project, as agreed to in connection with its zoning approval (the "Pier Park Improvements"). The Pier Park Improvements shall also include the stub"Out of water. sewer and electrical lines to J.~ restroom location and gateho\lse. based on locations to be provided in writing by the City to La Perla bv July] 5 2005, The Cit\' shall close Pier Park, and La Perla shall commence construction of the Pier Park Improvements. immediately after the full execution of this Amendment ("Commencement Date"). La Perla shall complete the Pier Park Improvements within six (6) months from the Commencement Date. subiect to delays caused by matters of "force majeure". as hereafter defined, Upon the occurrence of an event of force maieure. La Perla shall immediately notifv the City Manager in writing informing himlher of the force majeure and the Citv Manager shall reasonably determine the number of days during which the Pier Park Improvements will be delayed.Jmd shaH im.rrlct!l!~~y'notmddLPJrrllLi1!~.TI1IDg.Qf.the number of days tolling of the time thereoffor the constructiQn of the Pier Park Improvements. The City reasonably estimates that as a result of the Pier Park closure. it will experience lost revenue in the amount of $12.500 per month. In lieu of La Perla providing the Cit" with