Reso 2003-615 - Laserfiche WebLink

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... ~ . . SECOND AMENDMENT TO PERMIT AGREEMENT THIS AMENDMENT is made as of the ~ay of December, 2003 by and between THE CITY OF SUNNY ISLES BEACH, FLORIDA (the "City") and NEWPORT OPERATING MANAGEMENT CORP. d/b/a NEWPORT BEACHSIDE RESORT, and its successors and assigns ("Permittee"). RECITALS A. Pursuant to Resolution No. 99-171, adopted by the City on November 2, 1999, the City and Permittee have entered into that certain Permit Agreement dated as of November 21, 1999 (the "Permit Agreement"). B. Pursuant to Resolution No. 2001-400, adopted by the City on December 13, 2001, the City approved "ingress and egress of the Permittee as a prerequisite to, and in connection with, and anticipated zoning application for a proposed condominium tower" (the "Project"), to be located adjacent to the existing Beachside Resort, subject to the approval by the City of the zoning application for the Project, as well approval of a detailed plan reflecting certain changes to an adjacent property, known as "Pier Park" (the "Pier Park Improvements"). C. Pursuant to Resolution No. 02-Z-66, adopted by the City on February 5th, 2003, the City approved the zoning application for the Project, as well as the plans for the Pier Park Improvements, as reflected in those certain plans prepared by Witkin Design Group, consisting of 3 sheets dated, signed and sealed as of November 20, 2001 (the "Pier Park Plans"). D. The City and Permitee have agreed to modify the Permit Agreement to, among other things, provide for certain revisions to the Pier Park Plans, as hereinafter set forth. NOW THEREFORE, in consideration of the premises, and the mutual covenants and provisions set forth herein, the City and the Permittee agree to amend the Permit Agreement as herein set forth. 1. Recitals. The foregoing recitals are true and correct and are incorporated by reference herein. 2. Revisions to Pier Park Plans. Permitee shall construct the Pier Park Improvements in accordance with the Pier Park Plans, as amended Witkin Design Group, and consisting of 3 sheets dated, signed and sealed as of November 20,2001, and last revised on November 26, 2003 (the "Revised Pier Park Plans") attached hereto as Exhibit "A". Permittee 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 Permittee'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. Exhibit "A"