Reso 2008-1246 - Laserfiche WebLink

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12. Opportunity to Provide Input: The City will provide the Association with an opportunity to provide input relative to parking structure and park design at the Property if the design of the Parking Structure is not completed prior to the execution of this Agreement. However, final approval of the parking structure and park design shall be made by the City Commission in accordance with its authority under the City Charter. 13. Pedestrian at-Grade Access: Subject to the approval of the Florida Department of Transportation ("FDOT"), the City agrees to provide a pedestrian at-grade crossing at Collins A venue in the general area of opposite to the condominium governed by the Association. Further, the City agrees to construct a pedestrian access to the parking structure through Heritage Park, as a relative straight line extension from the pedestrian crossing to the entrance to the parking structure. The City will provide the Association with an opportunity to provide input relative to the above. The City agrees to use its best efforts to work with FDOT to obtain cross walk signalization and striping. 14. Miscellaneous: Failure of either party to declare any default immediately upon the occurrence thereof, or delay in taking any action in connection therewith shall not waive such default. 15. Good Faith and Fair Dealine:: The Parties recognize that this Agreement is being entered into to resolve their differences, and explicitly agree that they have a duty to deal with each other in good faith, whether or not an issue is expressly dealt with in this First Amendment. 16. Public Park: The City will develop the Property as a municipal park in the immediate future, and plans to keep and develop the Property in perpetuity as a municipal park, but agrees that such property shall always, anything to the contrary herein notwithstanding, remain a municipal park for at least the entire Term of this First Amendment, with the exception of the Garage. Nothing contained herein shall be construed to prevent the City from adding items (i.e. fountains or pools) that are traditionally ancillary to municipal parks. 17. Notices: Notices and documents shall be addressed or sent to the addresses below: City of Sunny Isles Beach C/o City Manager and City Attorney 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Aventura Beach Club Condominium Ass. Attn: Board of Directors 1920 I Collins Avenue Sunny Isles Beach, Florida 33160 First Amendment to Parking Agreement