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o� 5�NNY'S4�� City of Sunny Isles Beach <br />�� 18070 Collins Avenue <br />i Sunny Isles Beach, Florida 33160 <br />' (305) 947 -0606 City Hall <br />* ° u <br />(305)949 -3113 Fax <br />yF i99' * F L o R�oP 1117- (305) 947 -2150 Building Department <br />c r Y O F SUS P`'� (305) 947 -5107 Fax <br />MEMORANDUM <br />TO: <br />Honorable Mayor and City Commission <br />FROM: <br />Hans Ottinot, City Attorney64er <br />DATE: <br />October 17, 2013 <br />City Commission <br />Norman S. Edelcup, Mayor <br />Isaac Aelion, Vice Mayor <br />Jeanette Gatto, Commissioner <br />Jennifer Levin, Commissioner <br />George "Bud" Scholl, Commissioner <br />Christopher J. Russo, City Manager <br />Hans Ottinot, City Attorney <br />Jane A. Hines, MMC, City Clerk <br />RE: Resolution approving the First Amendment to Perpetual Open Space Easement <br />between the City of Sunny Isles Beach and Ocean Reserve Condominium <br />Association, Inc. relating to Heritage Park <br />RECOMMENDATION <br />This Resolution is presented for your consideration. <br />REASONS <br />Ocean Reserve Condominium Association, Inc., ( "Ocean Reserve ") entered into a Perpetual <br />Open Space Easement dated March 3, 2009, (the "Easement ") between Ocean Reserve and the <br />City of Sunny Isles Beach (the "City ") for the limited purpose of preserving open space in <br />connection with the construction and use of Heritage Park. Pursuant to the terms and conditions <br />of the Easement, the City was required to construct eight (8) parking spaces in the Easement <br />Parcel in exchange for use of the Easement Parcel. The City constructed only five (5) parking <br />spaces. As such, the Easement is required to be modified as part of a negotiated agreement <br />between the parties. <br />The parties wish to enter into a First Amendment to Perpetual Open Space Easement so that <br />Ocean Reserve accepts five (5) existing parking spaces within the Easement Parcel in addition to <br />a perpetual right to receive and use three (3) parking passes for use in the Heritage Park parking <br />garage on the western side of the first floor area, or such other area within the Heritage Park <br />parking garage area in the event that no parking is available within the western side of the first <br />floor area of the Heritage Park parking garage area, subject to the following terms and <br />conditions: <br />1. Ocean Reserve agrees to accept five (5) existing parking spaces within the Easement <br />Parcel in addition to a perpetual right to receive and make use of three (3) parking <br />passes to be issued by City to Ocean Reserve for use by Ocean Reserve, its members, <br />successors or assigns at City's sole cost and expense, for the Heritage Park parking <br />garage area on the western side of the first floor area or such other area within the <br />Agenda Item _ 10 <br />Date 10 - l��3133 <br />