Reso 2014-2217 - Laserfiche WebLink

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S\3 I S4 F F � Y n v x P tiF 9�r FLO�\O 5� C /TY OF SUN P`'o TO: FROM DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305)949 -3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM Honorable Mayor and City Commission Hans Ottinot, City Attorney March 20, 2014 City Commission Norman S. Edelcup, Mayor Isaac Aelion, Vice Mayor Jeanette Gatto, Commissioner Jennifer Levin, Commissioner George "Bud" Scholl, Commissioner Christopher J. Russo, City Manager Hans Ottinot, City Attorney Jane A. Hines, MMC, City Clerk Resolution declaring necessity to initiate legal proceedings against Porto Bellagio Condominium Association, Inc. RECOMMENDATION The proposed Resolution declaring necessity to initiate legal proceedings against Porto Bellagio Condominium Association, Inc. is presented for your consideration. REASONS The City of Sunny Isles Beach (the "City ") and Porto Bellagio Condominium Association, Inc. ( "Porto Bellagio ") entered into an Ingress/Egress Easement Agreement on February 23, 2005 (the "Agreement "). The purpose of the Agreement is to provide the City with an easement over and across part of the common elements of Porto Bellagio for pedestrian and emergency vehicle ingress /egress to and from 172nd Street. Porto Bellagio has refused to agree to move a utility box that is currently located on the easement parcel. The placement of the utility box on the easement parcel is a violation of the Agreement and prohibits the City from using the easement parcel for ingress /egress purposes. The City Manager and his staff have attempted in good faith to resolve this issue with Porto Bellagio to no avail. The City Manager has instructed my office to pursue this litigation. Thus, the City's only recourse is to initiate formal legal proceedings against Porto Bellagio in order to enforce the terms and conditions of the Agreement.