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<br />PERMIT AGREEMENT <br /> <br />THIS PERMIT AGREEMENT ("_ Agreement") made and entered into this <br />2,.4 day of tJov {J~ , 1999, by and between the City of Sunny Isles' <br />Beach (the "City") and the Newport Operating Management Corp. d/b/a Newport <br />Beachside Resort, its successors and/or assigns (the "Permittee"). <br /> <br />'\VHEREAS, the City through an Interlocal Agreement adopted by Resolution <br />NoJ3~ ,...~ of the County Commission as accepted by the City of Sunny Isles Beach by <br />Resolution No, 99-.llQ., deeding the Gilbert Samson Memorial Park ("Park") to the City <br />as attached to this Agreement as Exhibit "A" (hereinafter referred to as the "Interlocal <br />Agreement"; and <br /> <br />WHEREAS, the City and the Permittee have agreed to continue the terms of the <br />Agreement, subject to the terms and conditions set forth below, including but not limited <br />to the City's grants to Pennittee of a non-exclusive easement in favor of the Permittee <br />over and across the Park, solely for pedestrian and vehicular access and any easements to <br />bury a 208 feet feeder cable; and <br /> <br />WHEREAS, in consideration of this permit, the Permittee agrees to manage and <br />maintain the park for and on behalf of the City in perpetuity, as well as provide lifeguard <br />services, until the end of the fiscal year 2000; and <br /> <br />WHEREAS, this pennit is determined to be in the best interest of the City and <br />the Permittee to provide controlled parking, access to ocean and maintenance of the park; <br /> <br />NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL <br />COVENANTS AND PROVISIONS CONTAINED HEREIN, THE PARTIES <br />HEREBY AGREE AS FOLLOWS: <br /> <br />1. Incorporation of Recitals. The Recitals set forth hereinabove shall be <br />incorporated by reference into this Agreement. <br /> <br />2. Purpose. The City hereby grants unto the Permittee, and the Permittee hereby <br />accepts from the City, a permit to maintain, operate and manage the Gilbert <br />Samson Memorial Park for the recreation and entertainment of Park patrons <br />which provides access to the beach and ocean located between State Road AlA <br />and the ocean at the intersection of Northeast 167tlt Street and to collect a <br />reasonable parking fee. <br /> <br />3. Term. The City hereby grants to the Permittee a term of 99 years beginning upon <br />the execution of this Agreement. <br /> <br />Newport-Holiday Inn Permit Agreement <br />10/28/99 - 12:45 PM <br />LMD:ch <br /> <br />1 <br />