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95-21651 Reso RESOLUTION NO. 9 5-216 51 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND KENT HARRISON ROBBINS. WHEREAS,pursuant to City Commission Resolution No. 94-21418, the City and Owner entered into an Agreement(Agreement) dated December 14, 1994, for the relocation of the coral- rock home (Home) located on 7644 Collins Avenue; and WHEREAS, the Agreement provided that the Owner may appear before Commission to request delays in the designation process and/or the extension of time periods designated in the Agreement, which delays and/or extensions shall be granted for good cause; and WHEREAS, Owner has diligently been pursuing relocation of the Home; and WHEREAS,on July 12, 1995,the City Commission recognized that the deferral of funding to Unidad of Miami Beach, Inc. (Unidad) necessitated an extension from July 22, 1995 (the time frame established in the Third Amendment approved June 7, 1995)to July 28, 1995; and WHEREAS,the Owner and Unidad need additional time to relocate the Home. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Clerk are hereby authorized to execute a Fourth Amendment to the Agreement between the City of Miami Beach and Kent Harrison Robbins attached as Exhibit A. PASSED and ADOPTED this \-2-day of _ , 1995 ff.AYOR ATTEST: FORM APPRO • Legal CLERK DePS id:cnmd2.res CITY By : c-1) Date 1 - �,- FOURTH AMENDMENT TO AGREEMENT This Fourth Amendment to the Agreement made and entered into this 12th day of July, 1995 between the City of Miami Beach(City)and Kent Harrison Robbins (Owner). WHEREAS,pursuant to City Commission Resolution No. 94-21418,the City and Owner entered into an Agreement (Agreement) dated December 14, 1994, for the relocation of the coral- rock home(Home) located on 7644 Collins Avenue; and WHEREAS, the Agreement provided that the Owner may appear before Commission to request delays in the designation process and/or the extension of time periods designated in the Agreement,which delays and/or extensions shall be granted for good cause; and WHEREAS, Owner has diligently been pursuing relocation of the Home; and WHEREAS,on July 12, 1995,the City Commission recognized that the deferral of funding to Unidad of Miami Beach, Inc. (Unidad) necessitated an extension from July 22, 1995 (the time frame established in the Third Amendment approved June 7, 1995)to July 28, 1995; and WHEREAS,the Owner and Unidad need additional time to relocate the Home. NOW,THEREFORE,in consideration of the mutual covenants contained herein,the parties hereby agree as follows: 1. The above recitals are true and correct and are hereby incorporated by reference into this Agreement. 2. Paragraph 1.A.(2) is hereby amended as follows: (2) The Owner shall begin the physical process of preparing the House for relocation within 231 days of the date of the Agreement of December 14, 1994. (July 28, 1995) 3. Paragraph 1.A.(3) is hereby amended as follows: (3) The preparation process shall be completed within 60 days of the date of paragraph 2 above. 4. Paragraphs 1.A.(4) is hereby amended to read as follows: (4) Within 90 days after completion of the physical process of preparing the House for relocation in the approved manner above, the House shall be relocated to the vacant lot immediately to the east of 1365 Marseilles Drive. 5. Paragraph 2.A. is hereby amended to read as follows: A. CONTINUANCE OF DESIGNATION HEARING The City shall continue the designation hearing until the first regular City Commission meeting in February of 1996, or as soon as permitted. Notice of any designation hearing shall be issued at least 30 days prior to the hearing. Should Robbins require additional time to complete the relocation or any stage in the relocation process, he may appear before the City Commission to request additional delays in the designation process and/or in the extension of the time periods designated in this Agreement,which delays and/or extension shall be granted for good cause. 6. No further extensions shall be requested by the Owner unless such request is made jointly with Unidad, for which this extension was requested by the Owner and granted by the City Commission. Provided however,that an extension may be requested should the relocation process have commenced. 7. The City and Owner hereby ratify and confirm all other terms and conditions of the Agreement which remain unchanged. IN WITNESS WHEREOF,the City and Owner have caused this Fourth Amendment to this 2 • Agreement to be executed as of the date first entered above. CITY OF IAMI BEACH By: •' A ATTEST: Mayo P By: . City Clerk Kent Harrison Robbins (c:\jd\coralro4.amd) FORM APPROVED Legal Dept. By 2 Date z-�� 4� 3