Reso 2005-819 - Laserfiche WebLink

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First Amendment to Ingress Egress Agreement Page 2 cash payment of $12.500 for each month that Pier PaIk is close~ La Perla agrees that it will =IY :u amount equal or greater than the a(orementioned amount towards any necessary itio construction ~ng and ~ria1s. La Perla shall promptly make Pier Park ;;Uabk to the C~tY. for re-opening to the public. upon completion of the Pier Park fu;rovements: even if completion ocCurs prior to the end of the 6-month period described above. Time is of the essence as to all dates set forth herein. The term "force maieure" as used in this Agreement. shall mean any "Acts of God". labor strikes (whether lawful or not). commercially unreasonable unavailability of materials. restrictions by any ~overnmental or utility authority. civil riots. fires. hurricanes and tropical stoIlDS which affect Pier Park or the Pier Park Improvements. Notwithstanding the tolling of time for events of force Iru\ieure. in the event that La Perla reasonably determines that the construction of the Pier Park Improvements will not be co\llpleted within the six-month period then. La Perla shall promptly provide written notice to the City Manager regarding the reasons for the delay in the completion of the Pier Park Improvements. 3) Parking Spaces and Beach Access. Section 7 of the Ingress and Egress Agreement is amended to read as follows: 7. Parking Spaces and Beach Access. La Perla and the City acknowledge that the Revised Pier Park Plans include the construction and/or re-paving of 29 parking spaces, to be located within Pier Park, which upon completion shall be maintained, operated and managed by the City, and that the City shall be entitled to all revenue derived therefrom. La Perla agrees that, during the construction of the Pier Park Improvements, until such time as the Project is completed, La Perla shall at all times provide adequate beach access through Pier Park, f.m: pedestrians (with a minimJIm 5-foot wide pedestrian access 3.(ea) and such access area as may be neces~ary for emergencv vehicles. as well as at least 29 parking spaces available for use by the general public, which shall be located, either in whole or in part, within Pier Park or within the parking lot operated by La Perla or Newport Resort Hotel located on the west side of Collins Avenue. Pier Park shall otherwise be fenced off from the public for safety purposes during such period. Upon completion of the Project, La Perla shall provide an additional 29 parking spaces within the Project, which shall at all times be made available for valet parking by members of the general public desiring to access the Pier Park beachfront at the same price charged by City at Pier Park. La Perla shall be entitled to retain all fees charged for the use of the parkUtg spaces to be located with in the Project. 4) Reaffirmation. Except as expressly modified by this Amendment, the terms of the Ingress Egress Agreement shall remain in full force and effect and are hereby ratified and affirmed. No waiver or amendment of any provision of the Agreement, or any amendment thereto, shall be valid or enforceable unless such waiver is in writing and signed by the authorized representative of the party granting the waiver or agreeing to the amendment, respectively. 5) Recordation. This Agreement may be recorded by La Perla, at its sole expense, in the Public Records of Miami-Dade County, Florida, C:\Docwnents and settings\RichardL\Local Settings\Temporary Internet Files\OLK63\Ingress Egress Amendment-04.doc