Reso 2010-1624 - Laserfiche WebLink

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111111I1111I111111111111111111111111I11111111 . CFN 2() 11 R0082254 OR Bk 27578 Pss 0384 - 385~ (2P9S) RECORDED 02f07f2011 09:42:54 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA Record and return to: Hans Ottinot, City Attorney City of Sunny Isles Beach 18070 Collins Avenue 4th Floor Sunny Isles Beach, FL 33160 SECOND AMENDMENT TO INGRESS EGRESS AGREEMENT This Second Amendment to Ingress Egress Agreement is made as of the S-Yl day of October 2010, by the City of Sunny Isles Beach (a Florida municipal corporation (the "City") and La Perla Condominium Association, Inc., its successors and assigns ("La Perla"). RECITALS Whereas, by Resolution No. 2004-671, adopted on May 6, 2004, the City and La Perla Sunny Isles, L.L.C. entered into an Ingress Egress Agreement ("Agreement") which provides the City with twenty nine (29) parking spaces within the La Perla Condominium ("Project") for use by the City; and Whereas, by Resolution No. 2005-819, adopted on July 14, 2005, the City Commission approved a First Amendment to the Agreement; and Whereas, the City and La Perla have agreed to modify and amend the Ingress Egress Agreement to confirm the cancellation of The City's rights to own or utilize twenty nine (29) parking spaces within the Project. It being expressly understood that upon execution of this--Agreement, the 29 parking spaces at issue can be utilized in any manner by the condominium association that it may deem fit and proper. NOW THEREFORE, in consideration of the premises and the mutual covenants and provisions set forth herein, the City and La Perla agree as follows: (1) Recitals. herein. The foregoing recitals are true and correct and are incorporated by reference (2) Parking spaces and Beach Access. Section 7 of the Ingress Egress Agreement is amended to read as follows; 7. Parking Spaces and Beach Access. Notwithstanding any provision in the First Amendment or the Agreement, the City agrees to cancel and terminate any of its rights to use and/or ownership of twenty nine (29) parking spaces within the Project to La Perla for the sum of Two Hundred Thousand Dollars ($200,000.00). La Perla agrees to pay One Hundred Thousand Dollars ($100,000.00) upon the execution of this Amendment. La Perla further agrees to execute a promissory note for the remaining balance of One Hundred Thousand Dollars ($100,000.00). Pursuant to the attached promissory note, La Perla agrees to pay the City the sum of One Hundred thousand Dollars ($100,000.00) over a five (5) year period with an Second Amendment to Ingress Egress Agreement 1 ..