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99-23402 RESO RESOLUTION NO. 99-23402 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE VACATION OF 44TH STREET, BETWEEN COLLINS AVENUE AND INDIAN CREEK DRIVE, TO HOTELERAMA ASSOCIATES LTD., AS OWNER OF THE FONTAINEBLEAU HILTON RESORT AND TOWERS, LOCATED AT 4441 COLLINS AVENUE; SAID VACATION IN EXCHANGE FOR HOTELERAMA'S AGREEMENT TO CONVEY OR DEDICATE TO THE CITY CERTAIN PROPERTY CONTROLLED BY HOTELERAMA FOR THE RELOCATION AND CONSTRUCTION OF A "NEW" 44TH STREET; SAID RELOCATION AND CONSTRUCTION TO BE UNDERT AKEN AND COMPLETED BY HOTELERAMA AT NO COST TO THE CITY; FURTHER, GRANTING EASEMENTS TO THE CITY FOR LANDSCAPING OVER THE SURFACE OF OTHER PROPERTY CONTROLLED BY HOTELERAMA; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A VACATION AGREEMENT, MEMORIALIZING THE TERMS AND CONDITIONS OF THE AFORE STATED TRANSACTION, AS WELL AS ANY AND ALL OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE CONVEYANCES AND GRANT OF EASEMENTS, AS CONTEMPLATED HEREIN. WHEREAS, Hotelerama Associates, Ltd. (Hotelerama) owns the Fontainebleau Hilton and Towers, located at 4441 Collins Avenue, and intends to renovate and improve said existing property with the construction of a new two hundred and fifty unit condominiumlhotel building, which includes a new vehicular and pedestrian arrival plaza, to be located at the present location of 44th Street, between Collins Avenue and Indian Creek Drive; and WHEREAS, the City's Design Review Board approved this project on November 17, 1997, contingent, among other things, upon the Mayor and City Commission and the Florida Department of Transportation's approval of the vacation and relocation of the existing 44th Street, between Collins Avenue and Indian Creek Drive; and WHEREAS, accordingly, in connection with Hotelerama's proposed project, 44th Street must be relocated southward on property controlled by Hotelerama; and WHEREAS, in connection with the aforestated relocation, Hotelerama has requested that the City vacate that portion of the existing 44th Street, between Collins A venue and Indian Creek Drive, in exchange for Hotelerama's agreement to conveyor dedicate to the City certain property controlled by Hotelerama for the relocation and construction of a "new" 44th Street, said relocation and construction to be undertaken by Hotelerama, at no cost to the City; and WHEREAS, in connection with the proposed vacation and relocation and construction of the "new" 44th Street, Hotelerama has further agreed to grant easements to the City for landscaping over the surface of other property controlled by Hotelerama; and WHEREAS, the Administration has met with Hotelerama's representatives, as well as representatives from the Florida Department of Transportation, with regard to the proposed vacation of the existing 44th Street, and the proposed relocation and construction of the "new" 44th Street; and WHEREAS, pursuant to the aforestated discussions, the City and Hotelerama have negotiated the attached Vacation Agreement, memorializing the terms and conditions of the proposed vacation, relocation, and improvements to be undertaken; and WHEREAS, the Administration has reviewed Hotelerama's request for the proposed vacation, pursuant to the Criteria/Standards for Vacation or Abandonment of Streets or other Right- of- Ways, as established by the City's Land Use and Development Committee on July 19, 1989, and with regard to the requirements of Ordinance No. 92-2783 (the Ordinance), governing the sale and/or lease of City property; and WHEREAS, as required by the Ordinance, at its regular meeting on September 14, 1999, the Mayor and City Commission set a public hearing for October 6, 1999, to hear public comment regarding the proposed vacation and the conveyance incident thereto; and WHEREAS, on October 6, 1999, said public hearing was opened and continued to December 1, 1999; and WHEREAS, as also required by the Ordinance, the City's Planning and Zoning Department has prepared an analysis of the proposed vacation, using the criteria set forth in the Ordinance; and WHEREAS, the Ordinance defines the "sale" of City property to include "any conveyance, transfer, gift, exchange or other transaction in which legal title passes from the City to any person or entity"; and WHEREAS, the Ordinance provides that there shall be no sale of City property unless there has been an advertised public bidding process and an independent appraisal of the fair market value of said property, but, with regard to any sale, said requirements may be waived upon a 5/7ths vote of the Mayor and City Commission, upon a finding that the public interest would be served by waiving such conditions of bidding and/or appraisal for the disposition of the property; and WHEREAS, accordingly, the Administration has received an appraisal, prepared by Joseph Blake and Associates, Inc., relative to the proposed property to be vacated, but would request, due to the intrinsically unique nature of the proposed vacation, that the Mayor and City Commission waive the bidding requirements and, following said duly advertised public hearing, approve the proposed vacation of 44th Street, between Collins A venue and Indian Creek Drive, to Hotelerama, subject to the terms and conditions of the attached Vacation Agreement. 2 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: 1. Pursuant to the requirements of Ordinance No. 92-2783, governing the sale and/or lease of City property, the Mayor and City Commission herein waive, by Sl7ths vote, the condition of bidding with regard to the proposed vacation, finding that the public interest would be served by such waiver. 2. Following a duly noticed public hearing to hear public comment regarding the proposed vacation, the Mayor and City Commission herein approve the vacation of 44th Street, between Collins Avenue and Indian Creek Drive, to Hotelerama Associates, Ltd., as owners of the Fontainebleau Hilton Resort and Towers, located at 4441 Collins Avenue, subject to the terms and conditions set forth in the attached Vacation Agreement between the City and Hotelerama, including, but not limited to, Hotelerama's agreement to conveyor dedicate to the City certain property controlled by Hotelerama for the relocation and construction of a "new" 44th Street, to be undertaken and completed by Hotelerama at no cost to the City; and further granting easements to the City for landscaping over the surface of other property controlled by Hotelerama. 3. The Mayor and City Clerk are herein authorized to execute the attached Vacation Agreement; additionally, the Mayor and City Clerk are herein authorized to execute any and all necessary documents, including but not limited to such deeds and easements as may be necessary, to effectuate the proposed vacation and comply with any and all other terms of the Vacation Agreement. PASSED and ADOPTED this 1st day of December~1ii MAYOR ATTEST: J-l1Jhtr fCLt~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~It~ \\-H-+l Cily A.ftornoy Data RJA\kw F:IA TTOIAGURIRESOSI44HTLRMA. VC2 3 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 COMMISSION MEMORANDUM NO. B63-~4 TO: Mayor Neisen O. Kasdin and Members of the City mmission DATE: December 1, 1999 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOLU OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE V ACA TION OF 44TH STREET, BETWEEN COLLINS A VENUE AND INDIAN CREEK DRIVE, TO HOTELERAMA ASSOCIATES LTD., AS OWNER OF THE FONT AINEBLEAU HILTON RESORT AND TOWERS, LOCATED AT 4441 COLLINS ,A VENUE; SAID V ACA TION IN EXCHANGE FOR HOTELERAMA'S AGREEMENT TO CONVEY OR DEDICATE TO THE CITY CERTAIN PROPERTY CONTROLLED BY HOTELERAMA FOR THE RELOCATION AND CONSTRUCTION OF A "NEW" 44TH STREET; SAID RELOCATION AND CONSTRUCTION TO BE UNDERTAKEN AND COMPLETED BY HOTELERAMA AT NO COST TO THE CITY; FURTHER, GRANTING EASEMENTS TO THE CITY FOR LANDSCAPING OVER THE SURFACE OF OTHER PROPERTY CONTROLLED BY HOTELERAMA; AND AUTHORIZING THE MA YOR AND CITY CLERK TO EXECUTE A V ACA TION AGREEMENT, MEMORIALIZING THE TERMS AND CONDITIONS OF THE AFOREST A 'fED TRANSACTION, AS WELL AS ANY AND ALL OTHER DOCUMENTS NECESSARY TO EFFECTUA TE THE CONVEYANCES AND GRANT OF EASEMENTS, AS CONTEMPLA TED HEREIN. ADMINISTRA TION RECOMMENDATION Adopt the Resolution. ANAL YSIS On November 17, 1997, the City's Design Review Board (DRB) approved a request by Hotelerama Associates, Ltd. (Hotelerama), owner of the Fontainebleau Hilton ResOlt and Towers, to renovate and improve the existing Fontainebleau Hilton Resort and Towers complex, located at 4441 Collins A venue. As part of the project, a new 250 unit condominium/hotel building is proposed, which includes a new vehicular and pedestrian arrival plaza to be located at the present location of 44th Street and accessible from the proposed relocated 44th Street. DATE R15 12"'\-9'1 AGENDA ITEM DRB's approval of this new vehicular and pedestrian arrival plaza, as well as the construction of the 250 unit condominium/additional hotel building at 4441 Collins A venue, was contingent upon the vacation and relocation of the existing 44th Street, to approximately 130 feet to the south. The construction and development of the Fontainebleau Hilton site consists of five (5) phases. The relocation of 44th Street is Phase III of this project, with a construction start date of May 200 I. A request for the conceptual approval to relocate 44th Street, was originally scheduled on the September 23, 1998 Commission meeting. The item was opened and continued to the October 7, 1998 meeting, when a public hearing was held, and approval was denied by the City Commission. Concern was expressed relating to the overall project. In early September 1999, Hotelerama submitted a request to the City to vacate the existing 44th Street, and a public hearing, during the September 14, 1999 Commission meeting, was scheduled for the October 6th meeting. The public hearing was opened and continued to December 1,1999. A meeting with Hotelerama's representatives and Florida Department of Transportation staff was held on September 27, 1999, to discuss the terms of a Vacation Agreement, regarding the terms and conditions of the proposed vacation as well as the relocation and construction of the new 44th Street (Attachment #1). Following approval by the City Commission, Hotelerama will have to prepare the reports and permits required by the Florida Department of Transportation for the Project Development and Environmental study, which may require about six months to finalize. Hotelerama Associates, Ltd., owners of the Fontainebleau Hilton Resort and Towers, have requested that the City vacate the existing 44th Street light-of-way, between Collins A venue and Indian Creek Drive, in exchange for an equal property currently owned by Hotelerama, to be conveyed to the City as the "new" 44th Street, with all relocation and construction responsibilities to be undertaken by Hotelerama, at no cost to the City. Among the benefits resulting from the implementation of this project are: enhanced landscaping in the area and upgraded utilities and improved pedestrian and traffic flow. Additionally, the development of this project will better serve the expanding convention business in Miami Beach. Upon approval of this vacation, the applicant will be responsible for all permitting, relocation of utilities, construction, engineering and legal fees and all procedures required by Miami-Dade County and the Florida Department of Transportation, as memorialized in the accompanying Vacation Agreement. In addition to the City's Criteria/Standards for Vacation of Right of Ways, the proposed vacation is alsp subject to the provisions of City Ordinance No. 92-2783 (the "Shapiro Ordinance"), governing the sale of any City-owned property and requiring the following: . a Planning Department analysis . a public hearing to obtain citizen input . an advertised public bidding process . an independent appraisal to determine the fair market value of the property Said Ordinance further provides that, the appraisal and bidding requirements may be waived by a Sl7ths vote of the City Commission, upon a finding that the public interest would be served by waiving such conditions. A public hearing has been scheduled on this date and the Planning Department analysis of the proposed project is attached for City Commission consideration. (Attachment #2). An appraisal prepared by Joseph Blake and Associates, Inc., has been submitted for the addressed properties, a summary of which is attached (Attachment # 3). The differential in square footage between the right-of-way parcel to be vacated and the exchange parcel to be dedicated, is offset by the landscaping easements being granted by the Applicant on Collins Avenue at 44th Street and the 4500 block. These landscaping easements, to be installed and maintained by the Applicant, will provide for further enhancements of the streetscape improvements associated with the Greenway Linear Park along Collins Avenue. The City Commission should approve the vacation of 44th Street between Collins A venue and Indian Creek Drive, in exchange for that certain property controlled by Hotelerama Inc., in accordance with the attached Vacation Agreement. In addition, the Administration is requesting that the Mayor and City Commission waive the public bidding requirements only. ,.1t AM? 14- SRJrJB~/JAG/JGdP/JGG!NHPNGK T:\AGENDA I I 999\DECO I 991REGULARIHILTON99 WPD Attachments VACATION AGREEMENT This Vacation Agreement (this "Agreement") is entered into as of this 1st day December, 1999 among the City of Miami Beach (the "City") and Hotelerama Associates, Ltd., a Florida limited partnership ("Hotelerama"). RECIT ALS A. The City has become a popular destination for tourists, business people, trade groups, conventioneers and others (collectively "Visitors"); B. As a result of the increase in number of Visitors, the City is in need of upgraded hotel facilities, especially in the vicinity of the City's Convention Center; C. Hotelerama intends to renovate (the II Renovation") and expand (the "Hotel Expansion") its existing hotel located in the City commonly known as the Fontainebleau; D. In connection with the Hotel Expansion a portion of Collins Avenue, also known as 44th Street, must be relocated southward on property controlled by Hotelerama (the "Relocation"); E. In connection with the Relocation, Hotelerama has requested that the City vacate a portion of Collins Avenue (alk/a 44th Street), more particularly described in Exhibit" A" attached hereto and incorporated herein by reference ("Parcel B"). In exchange, Hotelerama has agreed to cause to be conveyed or dedicated to the City certain property controlled by Hotelerama more particularly described on Exhibit "B" attached hereto and make a part hereof ("Parcel C") and to grant easements for landscaping over the surface of other property controlled by Hotelerama as herein provided; and F. The City has approved the vacation of Parcel B as provided herein by Resolution No. 99- 2 3 4 0 2 dated De c . 1 , 1999, subject to Hotelerama's fulfillment of the conditions set forth herein and execution by the City and Hotelerama of all accompanying documents and agreements set forth herein. NOW, THEREFORE, in consideration of the sum ofTen dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in further consideration of the mutual covenants and obligations hereinafter set forth, the parties do hereby agree as follows: 1. reference. Recitals. The foregoing recitals are true and correct and are incorporated herein by G:\DMS\02256\09024\0205979.\ 0 9/8/\998 2. Roadwav Improvements. a. Prior to the issuance of the building permit for the Hotel Expansion, Hotelerama shall have received all required final approvals and permits from both the City of Miami Beach Administration and the Florida Department of Transportation ("FOOT") and shall have commenced construction of the relocation of Collins Avenue (44th Street) onto Parcel C in accordance with the traffic study prepared by David Plummer & Associates, substantially as shown on Exhibit "C" (the "Roadway Improvements"). b. Hotelerama shall diligently undertake the design, permitting and construction of the Roadway Improvements and the Relocation in accordance with the phasing schedule set forth in ORB Order No. 9194 for 4441 Collins Avenue dated December 8, 1997 (Exhibit "D") as that order may be amended or modified. The currently applicable dates for the phased development approvals are set forth in the July 21, 1999 letter from Jorge Gomez to Michael Larkin (Exhibit "E"). c. Upon completion of construction of the Roadway Improvements and acceptance by the City Administration and FOOT, Hotelerama shall cause Parcel C along with all of the Roadway Improvements to be conveyed to the City or, if directed to do so by the City, to FOOT for the perpetual use of the public for roadway purposes, and City and/or FOOT, as the case may be, shall accept such conveyance or dedication. In the event the City directs Hotelerama to convey the Roadway Improvements directly to FOOT, at no cost to the City, Hotelerama shall comply with any requirements which may be imposed by FOOT prior to conveyance. 3. Utilities. Hotelerama, at no cost and expense to the City, shall be responsible for the following construction: a. The relocation and/or removal of any utilities currently located in Parcel B; and/or b. Making such other arrangements, such as the granting of utility easements or constructing new replacement facilities, as may be required by the owners of utility equipment currently located in Parcel B. 4. Bond. Hotelerama shall require that its general contractor(s) provide a payment and performance bond(s) for the Relocation and Roadway Improvements as required by the Public Works Department and Florida Department of Transportation. Hotelerama shall deliver evidence of the existence of the payment and performance bond for the Relocation and Roadway Improvements to the City prior to the issuance of the permits for the Relocation and Roadway Improvements. 5. Vacation Notice and Ouit Claim Deed. The City shall properly execute: (a) a notice of vacation of Parcel B in a form to be recorded in the Public Records of Miami-Dade County, Florida; along with (b) a quit claim deed evidencing the vacation of Parcel B in the form of Exhibit "F" attached hereto; and shall deliver the notice and the quit claim deed to the escrow agent as G:\DMS\02256\09024\0205979,IO 9/8/1998 2 provided in Section 7 as soon as practicable, but in no event later than the issuance of the permits for the Relocation and Roadway Improvements. 6. Right of Way Deeds and Landscaping Easement. As soon as reasonably practicable but, in any event, prior to the issuance of permits for the Relocation and Roadway Improvements, Hotelerama shall deliver or cause to be delivered the following properly executed documents to the City Attorney's office: 1. Right-of-way deed(s) dedicating Parcel C, in the form of Exhibit "H" attached hereto 2. Opinion of Title 3. Landscaping Easement for the lands described on Exhibit "I" attached hereto, in the form of Exhibit" J" attached hereto 4. Partial releases of any mortgages or other liens for any portions of Parcel C that are encumbered, including but not limited to, partial release or satisfaction for the items noted on Exhibit "G". 7. Escrow. The City Attorney's office shall act as the escrow agent and shall hold all the documents provided for in this Agreement and shall not deliver said documents to either party until the requirements of this Agreement have been met. Upon completion of the Relocation and Roadway Improvements and compliance with the provisions of paragraphs 2(c) and 8 of this Agreement, the City Attorney's office shall deliver all of the documents furnished by the City or Hotelerama, other than the Opinion of Title (which shall be retained by the City), to Hotelerama, and Hotelerama shall promptly record all of such documents at its expense and deliver copies of the recorded documents to the City when returned from recording, and Parcel B shall be permanently vacated. In the event that Hotelerama abandons its plans for the Relocation, it shall promptly give notice to the City of its intent to abandon and the City Attorney's office shall return the documents to the party that initially furnished the documents and the vacation of Parcel B shall be deemed null and void and the City and Hotelerama shall have no liability to each other and each party shall be responsible for its own costs. In the event that abandonment occurs after construction has commenced, Hotelerama shall take any and all actions as may be reasonably required by the City, FOOT, or any affected utility to protect or repair any affected public property or utility equipment or property. Such actions may include, but shall not be limited to, granting of easements and physical repair or restoration of property or equipment. 8. Approval. In addition to the City, the Relocation and Roadway Improvements shall be subject to review and approval of the FDOT to the extent that it also has jurisdiction over the Relocation and Roadway Improvements. G:\DMS\022S6\09024\020S979.10 9/8/1998 3 9. Floor Area and Height Limitations. Hotelerama agrees as a condition of the vacation of the existing 44th Street to two additional limitations upon the Hotel Expansion: (1) Hotelerama shall not receive any additional floor area rights as a result of the vacation of 44th Street, therefore, the total permitted Floor Area on the properties owned by Hotelerama along with the vacated portion of 44th Street shall be limited to the Floor Area permitted before the vacation as of the date of this Agreement which is 2,056,421 square feet; and (2) the height of the approved Hotel Expansion shall be reduced to thirty six (36) stories, substantially as shown on the revised elevations dated October 4, 1999 which have been determined not to be a substantial change to the existing DRB approval for the Hotel Expansion. 10. Title. Hotelerama shall deliver an opinion of title or such other evidence as the City Attorney's office may reasonably require to insure the proper identification and conveyance/dedication of the relocated right-of-way (Parcel C). 11. Cost. Hotelerama is solely responsible for recording costs and the cost of documentary stamps or other taxes imposed on the conveyance/dedication and vacation contemplated by this Agreement. 12. Documentation. The parties hereto warrant and represent unto each other that they and the individuals executing this Agreement and any documentation used to effect the intent hereof, have the full right, power and authority to enter into this Agreement and to execute the documentation used herein on behalf of their respective party. Each party shall execute and deliver to the other party such documentation as either party may reasonably request from time to time, to effect the terms and intent of this Agreement. 13. Governilllz Law. This Agreement shall be interpreted by and construed in accordance with the laws of the State of Florida. 14. Binding: Agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns. G:\DMS\022S6\09024\020S979.10 9/8/1998 4 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the dates set forth below. WITNESSES ~~ -r;:.:'~ <5.4{\)~Q~ -;JVJIL-LD pr~ ~~ LI il 'A CA rcllllo Print Name THE CITY OF MIAMI BEACH t/!fJA Neisen O. Kasdin, Mayor By: Attestedt . e 1 BY:~ILJLw f cLt cQ,{).-^- Robert Parcher, City Clerk STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE) l-., The foregoittg illStrument was acknowledged before me this 3 .jp day of 't~~ by Neisen O. Kasdin as Mayor and Robert Parcher as City Clerk of THE CITY OF MIAMI EACH, on behalf of said City. Each is personally known to me or has produced a State of Florida driver's license as identification. My Commission Expires: Sign Name: .~-'uA</<<t'I<#~ Pnnt Name: LillI A-d ~i'(j{)(!.J.-;tI/-1 0 . NOTARY PUBLIC ' Serial No. (none, ifblank): /Y'ur/R., TARY SEAL] OFFICIAL NOTARY SEAL . LILLJA.I\I BEAUCHAMP N\rr~RY PUBLIC STATE OF FLORIDA C,OMMISSION NO. CC738372 MY CUM\IiSSrON EX!'. N'R ?Q 2"102 APPRO\i' t.D f~ 1\. '...\ FORM & L'J'IGUi;\,(3E & FOR EXECUllON ;J//E I ~ojtl ~oie G:\DMS\02256\09024\0205979.10 9/8/1998 5 HOTELERAMA ASSOCIATES, LTD., a Florida limited partnership ) ) SS: COUNTY OF MIAMI-DADE) .--:;:00 0 The fo~~~?inginstr.um91t was acknowl~9ged before me this.d- day of, II+N J~,~ by .J:-If- rror/'l1l-l11J1-n/ as tltd.cc /Rp;/:Yir((;f KDM CORPORATION, a Florida corporation, as General Partner of HOTELERAMA ASSOCIATES, LTD., a Florida limited partnership, on behalf of the partnership. He is personally known to me or oduced a State of Florida driver's license as identification. WITNESSES By: 'J, / /rvvJ2~1 , mE L-f11'v1 ~ Ivl V!~~ Print Name ~. jl~~ 7 f\1~ L 1-1. So :J Print Name STATE OF FLORIDA Sign Name: Print Name: My Commission Expires: KDM CORPORATION, a Florida corporation, its General Partner By: Print Title: r'IlJ.vf1.. ~ ( NOTARY PUBLIC Serial No. (none, if blank): G:\DMS\022S6\09024\020S979.IO 9/8/1998 6 [NOTARY SEAL] OFFICIAL NOTARY SEAL IRMA C VEGA . NOTARY PUBLIC STATE OF FLO'I COMMISSION NO. CC7861.92 MY COMMISSION EX!', OCT. ?~20'.!) j ~ :~ ~ ~ ..-l ..0 '1"'l ..c x ~ o w .... g~ ~~ ~g ~~ ~~ ffiu. -,2 :I: ~ c::: " :0 '" '-ci :, ... VI '" =:3 a Co "7":'1'1' ) ..:.~c? :::.:8-; ~ 3~~ .'2~~ ~ , r: ,I :; Ii r- Z \ 0 ~ a.. Z r 0 >- ~ 0 \ ~ l,J ~ u ~ .. '" .. u ~ W U .. 0 0 > ... ..J 'W - ..J W .... .. a:: <Il ~ <.:> 0 W >- ..J W ~ ~ W >- 0 a:: VI z ~ .. .. III ~ i: :.~ .... :%: ... ... ,0 u ... '? f: >- l,J W >- ;0 .... '" :%: ~ III <.:> . ~ . ~ . <t , u 0 Z <t > a.. 0:: L ~ - c -~.; <:: " ;j - .r.:J: ':J ~ , ........:......,j ~~ l.. ~~Jl ~.~'g - ~ ~ 5 ..J <:: ::; :::: ,; ~ , ~;::~ :t'1..... , z t ] .6" ,r.lg ') t YfJZ > ~ ,,~ l..) 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U r __ _ __ ~ II ;:: I~~ :: -- - - -,I III II II: _~~--li , I ~ : I' -- --,!I J ~ 1,111 - --I' II I:: 1, \ ~ ,~ ~ ..., ~ .c: " w i\,'\:, , \ ",', , II , \I \ \I , \I 'I II \I \ '" , I I I ~II ~ : I I' I \, ~ I I' ~ 111 (.j \ : ~ I I ~ 11 - I , , I , , I , , , , , , I , , , "-' , ~ , ~, '" , ",' ~: 81 , II II " II II II II II I',l II II II II II II II II II I: II II II II II II II II II II II II II II II II II tl II II II II II II II I4J II II i :: :: ~ II II II II ~ !J II :3 II II 8" " 1\,)) " , I ) , f'l' " \ : \ I , , , I , , , , n , , I , , " , l.........j __ :: ' II " " " " I, " " 'I 'I 'I 'I 'I 'I 'I " " " I " " " " ,~ II I " , i' I " " " ,I " " " " ,~ , ' :' I " , " , ,t: " 'I 'I :1 " " " " " " " " " " II " " " " -, I r~~-_ , , , r , , , , , I , I I L__, I .., " I' " , b ~ F Ii " 'I " n .( 8 ~ M S ~ '" M '" '" i II Ci ~ -( u is <1l Ci <1l J:ll o f-. ~ D~[I u -( o " '" s ~ '" ~ '" M N II Ci <1l f-. -( U -( :> UJ J:ll o f-. ~ .. , , 03S0dO!lc II Ii " " " i r , " I' I U t- UJ ~ V"l ~ UJ u...~ V"lUJ Zo ~V) t-t- >-V"l <(<( ~!:!:!. u... o ~ I t9 ~ ~ '" N a:: '" II Ci UJ f-. -( u is <1l Ci <1l J:ll ~ f-. Z <1l ::; UJ ~ Z o t- -' I :J <( UJ -' co UJ Z <{ t- Z o u... ~ . :z: en !; ~ ~~E ~ C> V) V) <r CO ;1 f; ~ , ~ f ::l ,~~ ~: ,. ~> 5= :::;: :::;: => -' 0... > u " o , = :> <r = z~ 3 ~~ ~ g~ ~ u~ . " e: t [-o~l , , ,- I' I, ,', I' , ' . . ,. . ~( '. I ~ ~ ,.- E;.;hibit "D" DESIGN RXVIXW BOARD City of Miami Beach, Florida MSSTING DATE: ~ove~ber :7, :997 IN R.: The Application for Design Rev:ew Approval for the demolitio~ of existi~g parKi~g ar.d storage struct'...lre9, and ten::i.s cct:.r':s in order ':0 accommodate renovatio~9 and i~provements to an existing hotel complex; said renovations and improvements include a new vehicular and pedestrian ~rriva: plaza, as well as the construction of a new tso unit, 41 story (400' to the top of the roof and 4~S' to the highest architectural projection) condominium/hotel building. This project is p.roposed t.o t.ake place in mul :iple phases as a phased development project. .' 'f -- 4441 Collins Avenue . ,,' ~RO'I.1Y: i .,nL&.N~h 9l94. Of 1.: ,.... I" .... ....... (. 9 R D ~ R ',5 ~ . . . j.. .. ' . " .... , I , . .' . , , " .. , :. I: . '.~:" 1~' ~ ; ....~ ~: ~', ., . ,. .. .; . I. : > I,; \~ ': : 'I. ; ':: I ,:' '. -. ,I:. I \'. T~e app-l,ic~nt,' Hoeelerama . ,wi~~. the, Ci.ty of' Miami . ?Ulierv.atiQn' .Di.vision ~or Associate., Ltd., filed an application Beach's Planning, Design , Historic Design aeview approval. 'Tb.'City, of, Miami Beach's Design Review Board makes the following , ~FIN]jINGS' OP' FACT: 1. Ba.ed ~n the plans and documents submitted with the application, testimony and information provided by the aPFlican~, and the reasons set forth in the Planning, Design and 1U'stor~c Preservation Division Staff Report, the project as submitted i. not consistent with the Oesign Review Criteria No.~'4',4.,6, '7,8,10,11,12,13 '14 in Subsection 18-2 of Zoning: Ordinance No. 89-2665. 2. T~. prQj.ct would be consistent with the afore-stated criteria and ~~~r.ment. ~f the following ~ondition. are met: ," , I'" .... . '. ~. The ~acation and reloeation of the 44th Street right-of- way must be approved by the City Commission and the Florida Department of Transportation (FOOT). :~ s~~ , . . ..' .4 '1 " . ,: \,: : ' ':. ~ .. I. - . ~ t-! :- . . '-:.1" ' 1. .' . ;.t. ,; l',; ......: '1.0. . .~ ~. :-: ., ~. ": .,l, .. ,":... ~ . .f . " '~~'. ~~ .' ....- :";.: ',' .~ . . t', .' ,. " ; 'f' I,." , . ,,,..1 ". . ~.~:) " ~ ' ; l' . ,.::' " ; , . .... .', . "', ,~:..t . ,~, '. - . .. " " - I ", .1'. I' '. 'I .. . .', '-:' 'r , t . ~ .. I . , .. .. , , '. . ';,:! ~~.~ !".,;. ~ .-~ h. \ ' . ".. i" ,~I ~<r.,: . ~ - !.:: -. .~ ..' '\ 'I.. ' .: r:. ~ ;'" " . i :' '.,' . 2, Revised elevat~on and e~te plan drawings shall be submitted to and approved by $~aff; at a m~nim~m, said drawings shall ~ncorporace the fo:~owi~g: a. bo. " , . .' . . The so~th, east and west elevations of the pedestal port:.on of the pro] ect, in:ludlng tr-.e southwest corner, ahal~ be redesLgned so as to ~ake a stronger architectural statement, lntegrate more appropriately with the tower and better address the street and sidewalk along Collins Avenue and 44th Street, in a manner to be approved by staff. Axonometric and three (3) dimensional details, sections and drawings of All elevations shall be required. c. The roof-top crown on the proposed tower shall be substantially reduced in diameter and its design simplified to provide a more graceful crescendo, in a manner to be approved by staff. d. The: details, dimensions and final design of the propo8ed new entry canopy shall be subject to the review and approval of staff; the overall height of said canopy shall be reduced to the greatest extent po.sible. e.. The, overall plan of the ocean courtyard area shall be made le.8 organic and more architecturally appropriate to the original Fontainebleau Hot:.el structure and site designed by Morris Lapidus, in a manner consistent with the landscape plan submitted at the November 17, 1997 meeting (Exhibit "A") and subject to the review and approval of staff. f'. The applicant, in con8ultation with the Florida Department of Transportation (FOOT), the City of Miami Beach Public Works Department and Planning, Oe~ign and Historic Preservation Staff, shall rev.i.e the vehicular circulation plan for the proposed new entrance plaza on the south side of the project site; specifically, said area shall be 2 5K l1' ,I . , ., . .' : i ,'.. ~ .. !.. , t" ."} . p..' . ~. , ". .' ~ \, , .',";' ... ~ . ' ': ' I: " ", . = \" . ,: ~ :.~ :. ~: i: . . I. .~~. ,. I' ". . ,.. . r , I', . " ,'," . , , .. " i' 'r- redesigned and subscantially simpli::..ed so as to provide a clearer sense of :~e westward c~r~e and traf:ic 1"lOvement along Co:':ir.s Avenue as wel:' as provide a unif~ed and less confusing entrance to beth the ?ontai~ebleau and sovereign Hotels in concert with mini~izing vehicular movement in and out: of the parking garage. g. The east elevation of the pedestal of the new tower on the south side of the property shall be refined in order to better relate the lobby of the new tower with the proposed outdoor plaza, subject to the review and approval of staff. 3 . . A.. revised landscape plan, and corresponding site plan, . prepared by a Professional, shall be submitted to and ~pproved' by staff. The species type, quantity, dimensions. spacin9. location and over.ll height of all plant material shall be clearly delineated and subject to the review and approval of staff. At a minimum, said . plan shall incorporate the following: a. A fully automatic irrigation system with loot coverage and an automatic rain sensor in order to render the system inoperative in the event of rain. b. Tbe south and west sides of the property shall inoorporate a more unique and visual stimulating plant palette, including a better link between the land.cape areas along the south side of the pr~erty and southwest corner and the architeotural de.ign of the vehicular entrance areas on the south side of the property, subject to the review and approval of staff. 0". Final design drawings and details of the propoeed entry plaza on the south side of the properly shall be ,submitted to and approved by staff. d. Vehicular access to the newly created pedestrian side of tbe property consultation with the parking gara.ge from the entry plaza on the south shall be refined in Florida Department of 3 SK I/' : ~. j '~ I ~ ,- .. :. C ). . . ~.. '; I . " . r .: .~', : I; . . ./ . ~ , . .'t \' ,.". :' '::-( .... I. .. . ~' \. "; . '. I ~ ' ~ ~"l-' .. ~, '''1 ,4.. ".: " :~. I 1.1": - . . ~',", ",' : . '_ 1". ". I ;, ' "..... .' .: ~ ~ I I -. . . . ,: . " .:-:t:.>., " ....1 I '" .. :' ~ ,'" ~: . .'.. . '.:', ~"<'~ .: J /' . ',I.. '., I:' j.. '. .'! ::,(: . I ; 1. ,. 7ransportation (:D01) t :::e City of Miami Seach I?ubl:.c Works Depar,::nent a:1d ?lar.ni:'l.g, Design and Historic I?reservat:.on Staf:; all vehicular access points on the south side of t~e property s~ould be relocaced adjacent to the proposed service dOCK, in a manner to be approved by staff. 4. The final exterior surface co:or scheme, i~cluding color samples, shall be subject to the review and approval of staff and shall require a separate permit. s. 6. 7. 8:. Final building plans shall meet the concurrency requirements of Section 22 of the Zoning Ordinance and ~ball meet all other Zoning Ordinance requirements. Manu.facturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required. All; roof-top fixtures, air-conditioning units and meonanical devices shall be clearly noted on a revised roof plan and shall be screened from view. T~. project shall c~lY with any landscaping or other e~de;walk/street improvement standards as ~r.8cribed by an urban design master plan for Avenue approved prior to the completion of the anci the: issuance of a Certificate of Occupancy final Phase V. may be Collins project for the 9. ALl new'and altered elements, spaces and areas shall meet the requirement. of the Florida Accessibility Code (FAC). 10. ,..The 8Uibj.ect project is hereby approved as a Phased D~~.lovm-nt project: specitically, the following phasing '.chedule .hall govern the approval of this project: .tDO XI Renovation of Chateau ~uilding, North Building, construction of new Children'S pool and associated exterior mod:l'U.c:atione. A Full Building Permit for this Phase of the project shall be obtained within twelve (12) months of the 4 s'( V' PHASE II: ... - .' " I, . ,. . I.- I. "'. RUSS III: . .."'::' . . ',' . .. ~ . . ~ ~ . '. , ,. ~ ", . . , .' ',:1 .' .;., p". IV: , . ",I' \. " . ~ . .:..;. . .- '..... '." I i' . : :.~. :,1,;.:..: '. ' . I'. " I I,' .. .. 1>'-;' L . l ~ 1_ . ".- '~.! .... '; ~ " r" - ~i' : f:'" , : I . :":',eeting date on which ~:us project ''''as approved ar.d =or.s:ruction sha~~ commence no ~a~er :han eighteen (:8) ~onc~s of t~e :neeting date on '",hich thi9 project wa.s approved. and cor.t~r.ue di~igently through complet ior.. Interlor and exterior renovat~ons to the Sorrento Buildi~g. A Full Building Permi t for this Phase of the proj ect shall be obtained within twenty-four (24) months of the meeting date on which thi. project was approved and co~truction shall commence no later than thirty (30) months of the meeting date on which this project was approved, and continue diligently through completion. Roadwa.y relocation (44th Street). site assembly and creation of ground level parking on the former roadway 9i te. A Full Building Permit for this Phase of the project shall be obtained within thirty (30) months of the meeting date on which this project was approved and construction shall commence no later than thirty-six (36) months of the meeting date on which this project was approved, and contin~e diligently through completion. Demolition of existing parking structure ancl tennis courts, construction of new entry and parking below entry, modification to gardens and swimming pool.. A Full Building Permit for this Phase of the proj ect shall be obtained within thirty-six (36) months of the meeting date on which this proj ect was approvecl and construction shall commence no later than forty-two (42) months of the meeting date on which thia proj ect was approved, and contin~e diligently through completion. 5 $)((( '. ' ,..', I . , r' , r ~. I: . , '1 .. . " ~ ! I " :. : , . , " ... '. .... .' - .' ' I . " .- \ 1 , , , .. I" . .. ~... ., , ' :! I . ., . , "\ " " -. '. . ,.r . ".. ,I' .' ;r', . ~:-~ 1:-,: :, ' .. :'. t . ;,) ~.:' '.. :at j"':" .~.-~. '. ""-~'. . ,.;' ! ' ~. . . I 1 ."\ '. ,... . . ..~.. I:'. ".' '-,.1. PHASE V: Demo:~tlo~ ~: west Wl~g of Sor~ento Building and s~rface parking :ot, constr..icticn 0: :'.ew ~ower. A F'..l::" Bui:ding Permit for this Phase of the project shall be obtained within fifty- four (54) months of the meet~ng date on which t~~s project was approved and constr...ction shall co~mence no later :han sixty (60) months of ~he meet~ng date on which this project was approved, and continue diligently through completion. 11. ' The applicant shall appear before the Design Review Board and. submit a progress report within thirty (30) days after the conclusion of each phase of the project. For PUtrposeg of this condition, "conclusion" shall mean the issu~nce of the first Temporary Certificate of Completion or Temporary Certificate of Occupancy, as applicable, or, if no Temporary is issued, then the Final Certificate of Completion or Final Certificate of Occupancy, as applicable. ~2. I~ t~e event a Full Building Permit for each of the above noted phases is not timely ODtained or construction is .Dot timely commenced or does not continue diligently through cOll\Pletion, then this DRB Order and approval for ,tne: entire project shall be deemed null and void, and the applicant shall be required to recommence the Design 'R~iew proce.. by .~..ion of an application for review for all aspecta of the project not completed as of the date of~ the expiration of this Order. For example, and for purpo... of illustration only, in the event the applicant fails to timely ODtain a Full Building Permit 'fo~ Pha.e II, or fails to timely commence construction of Ph... II and diligently continue through completion, then t~~. ORB Order shall expire and the applicant shall noe . be ent 1t led to proceed with additional development with respect: to Phase II or development of Phases III-V, 'iuclusi.v.. ~J, Planning, Oesign and HistoriC Preservation staff must approve all a.pec~. of each phas., prior to the issuance of a Building Permit, as if the subsequent phases were 6 S\Z.\r' not. contempl.ated, ':0 lnsure :he desig!". a:,.d aes:r.e':i:: completeness of each phase. I ., 14. 7he above noted ?haseS :,:".'..lst be construct.ed in t.he chronological order set fort.h (Phase ! thro~gh Phase V) unless a modificatio~ to this Order is approved by the ~sign ReVlew 30ard at a duly noticed hearing; provided, hOwever, in the event any portion of the proJect shall be or shall become (and shall remain) nonconfcrmlng at any time subsequent to the dace of submission of the completed application to the Design Review Board for the project (as determined by the Planning and Zoning Dir~~~or~ then the time periods set forth for obtaining p~rmit. and commencing construction with respect to each phase shall not be eligible to receive an extension of . ti~e granted by the Design Review Board for any reason, in accordance with the requirements of Section 16-2.H.3 of the City'S Zoning Ordinance. . , . _0 ." I '., ....; I, .. "i. ,-'IT' ts'HEREIlYORDEIUlD. based upon the foregoing findings of fact and :- '.: ,,,the' staU report and anal ysi.. which is adopted herein · including ;, ! ' ' " ',t'he, st af f' reC_enda tions which were amended by the Board, that the . .::- .," .(~APP'lic:at.i.on for oeaign Review approval is granted for the above- , :"..,; : "te.ferenced,' projec~ conditioned upon the following. to which the . '<,,' , .. -:.~~p+icane has agreed: . ~ ': . " i. The vacation and relocation of the 44th Street right-of- way mUlt be appro"led by the City commission and the Fl~ida Oepartmene of Transportation (FOOT). J' .'- ,:'.,i. . . ::; . r' . ,. " . I 2. . Revised elevation and site plan drawings shall be submitted to and approved by staff; at a minimum, said ~raw1ng. shall incorporate the follo~ing: . ~ .: \ '" ~ ... , , . ~ !. a. The south, east and weet elevations of the pedestal portion of the pro,j ect, including the southwest corner, shall be redesigned so al to make a It%onger architectural statement, integrate more appropriately with the tower and better address the stre.~ and sidewalk along Collins Avenue and 44th Street. in a manner to be approved by staff. - ~:. ", ! . "" . , I. ;, , ., .. '." .. :. t.:. . .:.. . .' '.~ I . I' . . <:. .,. . , ~.' ;:4 . . , b. AXonometric and three ()) dimensional details, . I' .. /,.1.. 7 ~ .' : I Sk~ , . , I . sec:ions and drawi~gs of all e~evat~ons shal: be required. c. The roof.top crown on :he proposed :ower shall be subatant ial:' y reduced :':1. :iiame':er and i ':s design si~plified to provide a ~ore graceful crescendo. in a ~anner to be approved by staff. d. -.. ; I : I' .' I ". /" e. '-. :. .. -j'" '. , ' : l ~. " I .' l . I. .( ,.' '. I I . I - I .. I.' ; I - . ".1 i \ -', ., , " .....,.., I; . I I , . . >'r . :~ I . :. I : ('.,. . , r '.' r., . I . '... . I -J' .' '.' : I',', ': I 'r I : . r; , .... I . The details, dimer.sions and fina:' design of :'r-.e proposed new entry canopy shall be subject to the review and approval of staf:; the overall height of said canopy shall be reduced to the greatest extent possible. The overall plan of the ocean courtyard area shall be made less organic and more architecturally appropriate to the. original Fontainebleau Hotel strUcture and site designed by Morris Lapidus, in a manner cOnsist.ent with the landscape plan submitted at the November 17, 1997 meeting (Exhibit "A") and subject to the review and approval of staff. f. l'he: applicant, in consultation with the Florida Department of Transportation (FDOT), the City of Miami Beach Public Works Department and Planning, Design and Historic Preservation Staff, shall revise the vehicular circulation plan for the proposed new entrance plaza on the south side of the,projece site; specifically, said area shall be redesigned and substantially simplified so as to provide a clearer sense of the westward curve and traffic movement along Collins Avenue a. well as provide a unified and lesa confusing entrance to both the Fontainebleau and Sovereign Hotels in CODcere with minimizing vehicular movement in and auto! the parking garage. ~. I The...t elevation of the pedestal of the new tower on the south side of the property shall be refined in 'orde.r t.o better relate the lobby of the new tower with the proposed outdoor plaza, subject to the: review and approval of staff. 8 S)~~ }_. I . , \..' , .: \0.., . ~ I : I: , ' . .. . . ,. ,"" r" ,', , . '. '.. . ~ ' ":., 1 r'': !. . r I, " '~ I . . - I" : ~; I'. ""1 I . " . I' " .,.... o( ,'. I , ' .. . ~ I . .,!:' '-~ I. ... ,: I, ., I ,~I I 0 ':: t" , : I . .. I " ., " .. F , '".1 ~ .'. I'. . , ; I" ., ; ~ i . -, ',;. I . I "0 "'~ lo :~ : . ~' I, . '~ I : I . -, 3. A revised :~~dscape p~an, and correspo~ding 9~:e p:an, prepared by a ?rofessional, shall be 5~bml.tted to and approved by staff, '!'r.e species t.ype, q'..:.ar.t.ity, dimensions, spaclng. :ocatio~ and overall ~e~ght of all plant ~aterlal shall be c:early delineated and suOJect to t::e review and approval of staff. At. a min:.~,u:n, said plan shall :.ncorporate t.he fo~lowing: a. A fully automatic irrigation system wich 100% coverage and an automatic rain sensor in order to render the system inoperatlve in the event of rain. .b. The south and west sides of the property shall incorporate a more unique and visual stimulating plant palette, including a better link between the landscape areas along the south side of the property and southweet corner and the architectural design of the vehicular entrance areas on the south side of the property, subj ect to the review and appro~al of staff. .:-\ Final design drawing8 and details of the proposed , entry plaza on the south side of the properly shall be submitted to and approved by staff. c. d. vehicular access to the parking garage from the newly created pedestrian entry plaza on the south side of the property shall be refined in consultation with the Florida Department of Transportation (FOOT), the City of Miami. Beach Public Works oepartment and planning, Design and Historic Preaervation Staff; all vehicular acce.s points on the south side of the property .hould be relocated adjacent to ehe proposed service dOCK, in a manner to be approved by staff. 4. Th8 fina~ exterior surface color scheme, including color _-.arPles,. sh.ll be subject to the review and approval of _eali and shall require a separate permit. 5. tinal building plana sball meet the concurrency requirement. of Section 22 o~ the Zoning ord1nanca and $nall meet all other zoning Ordinance requirements. 9 s~v .,. o \ , , .. t :\ I, ~ ,. I" ., .' I ~ ,. , .. . ,'I' ~ ,.." ,. ~ I' . . ~ . ,..::1 . , , r . :, : ... 1 "."':l: " I " I , ' , ,- , . , ,I '. .r. ~.J . ~.' - , ,. '. , , .. 6. Manufacturers drawlngs a~d Oade Cou~:y product approval numbers for all new w :...::dows, doors ar.d glass sha:'l be required. 7, All roof-top fixtures, air-co::ditio:1ir.g mechanical devices shall be clearly ::oted roof plan and sha:'l be scree::ed from view. unita and on a revised 8. The pro) ect sha:l cOfl',ply wi tn any : a:1dscaping or other ~idewalk/street improvement standards as may be prescribed by an urban design master plan for Collins Avenue approved prior to the completion of the project and the 'issuance of a Certificate of Occupancy for the final Phase V. 9. All new and altered element9. spaces and areas shall meet the requirements of the Florida Accessibilicy Code (FACl. 10. The subject projecc is hereby approved as a phased Development Project; specifically, the following phasing scbedule shall govern the approval of this project: PDR- I ~ Renovation of Chateau Building, North Building, construction of new Children's Pool and associated exterior modifications. A Full Building Permit for this phase of the project shall be obeained within twelve (12) months of the meeting date on which this proj ect was approved and construction shall commence no later than eighteen (18) months of the meeting date on which chi. proj ect was approved, and coneinue diligently through completion. PD81I lIs ; Interior and exterior renovations eo ene Sorrenco Building. A Full Building permic for this Phase of the project shall be obtained within twenty- four (24) months of the meeting date on which this project was approved and construction shall commence nO later than thirty (30) months of the meeting dace on 10 s\(v , ,. . ~~ ~ ... I ,. , ". ,-, r .' l" , . f' ." , '.-. I . " r , ' .1" . I .: 'r - ....'1.. . . ~.. .; , .~ .. ~. . ~ .. t I r - , ., i.- . . ,. 1 .' ..' , '" . ;'1 ': I' ";. I . I'- " I . ' :: I' .~,;., I. : I , ,'~ I.,. . ""I .. I' .' I: . ;I' ... I #: ~. I :. i'!, , . I . ," I . ~ r ' I .,' I:" r, I" " . . . '. ~. ~ ~ . l .'. P9SK III: PDSB IVl .pHASS V: which ~hlS pr~Ject was approved, ar.d ccnt~~~e j~:~gently through comp~etion, Roadway relocation (44th Street) I 9ite a9e-emb::'y ar.d creacion of ground level parl<:ing on cr.e for~r roadway site. A full Building permi': :or this Phase of che pro)ec~ 9hall De obtained within thirty (30) months of the meeting date on which this project was approved and construction shall commence no later than thirty-six (36) months of the meeting date on which this project was approved, and continue diligently through completion. Demolition of existing parking structure and tennis courts, const.ruct.ion of new en.try and parking below entry, modification to gardens and swimming pools. A Full Building Permit for this phase of the proj ect shall be obtained within thirty-six ()6) months of the meeting date on which this proj ect was approved and construction shall commence no later than forty-two (42) months of ehe meet.ing date on which this proj ect was app~oved, and continue diligently through completion. Demolition of west wing of sor~ento Building and surface parking lo~, construction of new tower. A Full Building Permit for ehis Pha.e of the project shall be obtained within fifty- 10ur (54) months of the meet.ing date on which this project was approved and construction shall commence no later t.han sixty (60) months of the meeting date on which this project was approved, and continue diligently through completion. ll~ The applicant .hall appear before the oesign Review Board and submit a progress report within thirty (30) days 11 s'( (( . , " .: "" ; ;. I~' .' , , . I ',.i . ^ I.'., I' , '. I; .: l' \ .1. I , /; ," ,I: , , ' '. ,: ...:; , ~. I' ,. t" '! I ". r' ;,< ,: I .:'. ..J:;. .' .... ': I :.1' '. :,[,.,'.: .::., . . '~' ''- , . . ,.' ':. '.- . " ". '.-. ',." I '. , / .. I ; , ~' I ;. I ' I ' :: r ,w l' after t~e conc:~sion ef each phase of :he ?rojec~, Fer purposes of t:-'~3 cOI"'.1i':1.0n,'concllls:..on" sr.all ~.ean :he issuance of t~e flrst Temporary Cer,:ificace 0: Completion or Temporary Certificate ef Occ~pancy, as applicable, or, if ~o ~mporary is issued, ':hen the Final Cercificate of comp:ecion or Fi~al Certificate 0: Occupancy, as applicable. 12. to the event a Full Building Permit for each of the above noted phases is not timely obtained or construction is not timely commenced or does not continue diligently tb~ough completion, then th~s DRB Order and approval for ~he entire project shall be deemed null and void, and the applicant shall be required to recommence the Design Review process by submission of an application for review for all aspects of the project not completed as of the date of the expiration of this Order. For example, and for purposes of illustration only, in the event tne appli~ant fails to timely obta1n a Full Building Permit tor Phase II, or fails to timely commence construction of pnase 11 and diligently continue througn completion, then this DRB Order shall expire and the applicant shall not be entitled to proceed with additional development with 'respect to Phase II or development of Phases III -v, inclusive. ,13.' PlaIU1ing, De.ign and Historic preservation staff must approve all aspectl of each phase, prior to the is.uance of a Building Permit, as if the subsequent phases were not contemplated, to insure the design and aesthetic completene.. of each phase. 14.. .Th~ above noted Phases muse be con.tructed in the ~hronol~ic.l order set forth (Phase I through Phase V) unle.. :a modification to this Order is approved by the oesfgn Review Board at a duly noticed hearing; provided, 'hONever~ in the event any portion of the project ehall be or shailbecome (and shall remain) nonconforming at any tim. subsequent to the date of submission ot the 'dompleeed applicaeion to the Design Review Board for the ~o~.ct (as determined by the Planning and Zoning 'Director) then ehe time periods set foreh tor o~~aining permits and commencing construction with respect to each 12 ~(if . - ' ;;. .. I - , No bui;ding permit ~ay be issued for any ot the phases of development noted herein unle.. and untl~ all applicable condl:ione 'for each pha.e of approval a. set forth herein have been ~et, The 'i.suanoe of ;)O.ign Review approval does not re~ieve tr.e applicant -from obtaining all other required Municipal. county and/or State 'reviewS and permit.. including zoning approval, If adequate :handi~aPP"d a"ce'" i. not provided. this approval does not mean ,:that 'such handicap,ped aoceSS i. not required or that the Board ;;,'supportS an applicant' s effort to seek waivers relating to ,handicapped accessibility requirements. pha.e shall not be el.gible 00 recelve an exten.,cn of ~ime gran~ed by ~he ~eeign ~ev~ew Board for any reason, in acoordance with the re~".re~ents of Section la-2,H,] of che City's zoning ordinance. . . ". .?-,i. , '.1.... . I' , ::, i , ':E'~~ ~..~~~~:; ; ~.~ ~~ ~3: o~ ;: " ' ~~~:,:u.::~ :r:ll?:::~~~~F~~::~C:l~~:~ ~; ~~~-~~~~~~~~~~~~ ,,:.;-;:;:rv-;i..a, , D~"l. el.QD ~ I f all of the applicable condi t ion. , ,'pertaiiUng,'co each phaee u:e satisfactorily addressed. the plan. .' \' ,:,,; win b,e ;-evie...ed fo;- building per1lli 10 app;-oval. NO (2) .et. wi 11 '" ,,' be retUrned 't" you' fo;- .ublli""ion fo;- a building per1lli t and one ( 11 ..et' ~ill.be,i:etained for the Oeoign R.vi.W Board'. file. If the requi;-ed'l?uiJ.-ding'pentiU for each phue specified herein a;-e not 'issued'within tbesp8cified time period. and construction for each ," ph... does not c".....nce within the specified time periodo. and " :', conti""e. dnig-tly through completion, tile oesign Revi.w approval , for thS entire project will expire and become null and void, .' oated thiiO K.th-. day "f ~A'J~ -' 1997. DIS1011 J,BVIBW BOARD City o~ Miam1 B.ach, Florida S'wJ K. Gwv/ {Jvw; Chairperson ". ,., , . I.. . .""!:' ."-.: 1 ~ _ , I'" '. '.;;. , ~ ~. , r . I. , ': I~ ~. ., I: .I . ..'l#. ' . \ ." , "'. \ :.. \ ~ . './ ... :' ~ ' - . " I r . ." ...," . BY: - , .. , ".; . ,." - lj'; ':. .;" . ...~.I.. ': 'n..' " /! ~:- .. , . Approved .. to For1Z\: ~ ~1 offic of he 1 (Initial.tDate) . F:\PLAN\$DRB\DRB97\NOVDRB97\9194.FO I City AttOrney .: . ~ " " ,I . . ~ '''l~', . :. 13 . , :'-'_.":l'~N : ~'.l.J s _ _1'\, ... '.i~ ---~-----..., -:',1':1...:': ~ ::: -.., 22 '39 . - - ~. Exhibit "E" m c.TY OF MfAMI BEACH PLANNING OEPARTMeNT CI'T'V H..u.. 1700 CONVENTION CeNTER DRIVE MIAMI BEACH FLORIDA 33139 - - '~""'N': :3051 .73-7550 .,cs",u; :3051 873.7551 July 21, 1999 Mr. Micheel Larkin Bllzin, Sumberg, at el. LLP 2500 First Union Financial Center 200 South Biscayne Blvd. Miami, FL 33131-2336 RE: Design Review File No. 9194 Hotelerama Associates ltd. (Fontainebleau Hilton Resort and Towers) , Revised Tlmeframes for Obtaining Required Building Permits Dear Mr. LarkIn: I am writing in response to 'four July 18, 1 999 correspondence concerning the above, noted matter. With r~ard to the detailed ttmeftne of the tolling period for the subject project, which was attached to your JulV 1 e, 1999 correspondence, I would like to confirm its accuracy relative to Phase I of the subject project. Further, pursuant to the actIon of the .Board of Adjustment, the following shall reprssent the ravlsed tlmefremes to obtain the required Building Permits for the remainder of the phase. of the subject project, a. hereto Indicated: PHASE I: Renovation of Chateau Building, North Building, construction of new ChUdren's Pool and e..octated exterior modifications. A Full Building Permit for this Phsse of the project shall be obtained by November 9, 1999 and construction shall commence no later than six (6) months of this date, and continue ditigentlv through completion. PHASE II: Interior and exterior renovltiona to the Sorrento Building. A Full Building Permit for this Ph..e of the project shell be obtained by November 9, 2000 and construction shall commence no later than six (6) month. of this date, and continu. cUIIgently through completion. PHA81111: Roadwey relocation (44th Str..t), .it. ....mbly and cre.tlon of ground level parking on the former roadwIY site. A Full Building Permit for this Phase of the project shall be'obtained by Mey 9, 2001 and construction sna.' commence no later tt1en sbe (8) month. of this date, and continue diligently through compl.tion. PHASE IV: Demolition of existing parking structure and tennis court., construction of new entry and p.rklng below entry, modification to garden. and swimming pool.. A Full Building Permit for thl. Phi.' of the project shan be obtained by November 8, 2001 and conatl'uction shell commence no _ _ ~)l __'\j~'.l~ = 3..X: 3CS6/~7SSg 77 ~, :3/,':.3 July 21, 1999 Page Two later than six (6) months of this date, and continue diligently through compl&tion, PHASE V: Demolition of west wing of Sorrento Building and surface parking lot, construction of new tower. A Full Building Permit for this Phase of the project shall be obtained by May 9, 2003 and construction shall commence no later than six (6) months of this date, and continue diligently through com~etion. As you may be aware, the Final Order for this project requires that the applicant appear before the Design Review Board and submit a progress report within thirty (30) days after the conclusion of each phase of the project. In this regard, "conclusion" shall mean the issuance of the first Temporary Certificate of Completion or Tempora"" Certificate of Occupancy, as applicable, or, if no Temporary is issued, then the Final Certificate of Completion or Final Certificate of Occupancy, as applicable. The Final Order also specifies that in the event a Full Building Permit for each of the phases of the project is not timefy obtained or construction is not timely commenced or does not continue diligently through completion, then the ORB Order and approval for the entire project shall be deemed null and void. If you have any questions with regard to any of the foregoing, plea.. contact either myself or Tom Mooney. Please note that this letter ,. strictly limited to the conclusions set forth above, based upon the facts and informltion aVlillbre a. of the dlte, "ereof. Failure to respond to or address any of the facts, statements or conditions, contained in your letter of July 18", 1999 should not be con.trued a. an acknowledgment, confirmation, agreement or approval, of any kind or manner of such information. Sincerely, J A GOMEZ frector, Planning Department JG:TRM F:\PLAN'.ALL\GEN _ CORR\EXTEANAL\JG9194-1. WPO c: J. Gavarretl P. Azen ORB File #9194 Ex h i bit " F" ?~ep :ea =y ~~~ :~~-=~ ::: ,';r:"'.8 j .;. 3r:,.tl'., :::3.=1. 3; 1.,. Z1 .3'''':''''Ti:e:::; ::";':"'.:"'. ? =:..:':: ":.( .:..~-:~_:::::. 250J ~l~St ~~:~~ :_~~~::.~_ ~--~~ :-1:':3.~,i, ?:.::: :':'3. , 1 . C ' QUIT CLAIM DEED T~~S ~~=T ~~~=~ =~~: ~3 ~ade as of the day ~: ~._. ~jjj, 8Y :~e CITY OF MIAMI BEACH, ~hose 903: ~::~~e address 13 :~:j ~a~:, ~-:J :o~vention Center Drive, Miami Beach, E'lorida 33::'39, :-.e:-ei~af:e:::- called the Grantor, to HOTELERAMA ASSOCIATES, LTD., a ::l'J:::-:da l.:.m::ed partnership, whose post c::i~e address is 4441 :o11i~s Avenue, Miami Beach, Florida 33141, hereinafter called the Gra~tee (wherever used herein the terms "Grantor" and "Grar'.tee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee all of its right, title and interest in the following described land situate in Miami-Dade County, Florida, viz: See legal description attached hereto and made a part hereof as Exhibit "A". Said property does not have a Folio number, as it is a former public street. Subject to: 1. Zoning and other governmental rules, regulations and ordinances. 2. Restrictions, covenants, conditions and easements of record, without intent to reimpose or reinstate same hereby. 3. General and special taxes or assessments for the current year. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. By this conveyance, Grantor waives and releases any reservation of rights pertaining to phosphates, minerals, metals and/or petroleum that may be in, on or under said property. IN WITNESS WHEREOF, the said Grantor has caused this instrument to be executed as of the day and year first above written. G:\DHS\02256\09024\0253373.03 8/5/99 S:;~ed, sealed and del:~ered ':':1 Jur p:-esence: GRANTOR: CITY OF MIAMI BEACH 5:..gn: ?r.:.r.t: 3y: ~elsen O. Kasdin, Mayor Attest: Sign: ?r:..nt: Robert Parcher, City Clerk STATE Of FLORIDA S5: CCUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 1999, by Neisen O. Kasdin, as Mayor, and Robert Parcher, as City Clerk, of the CITY OF MIAMI BEACH, on behalf of said entity. They are personally known to me or produced driver's licenses as identification. Sign Name: Print Name: My Commission Expires: NOTARY PUBLIC Serial No. (none, if blank) : [NOTARY SEAL] G:\DMS\02256\09024\0253373.03 8/5/99 2 Exhibit "e" 1. :i::.a1. Jrder:s issued by t:te City of Miami. Beach rec:nded in JffL:lal Records 300r: 15651, l?age 2236, in Official Records Book i561:1, ?age 23<:::7, in)ffi.cial Records Book 15619, l?age 2806, in Official Records 30ck 15619, l?age 2799, in Official Records Book 15619, Page 2798, in Cfficial Records Book 15456, Page 3337, and in Official Records 30Gr: 15:;56, Rage 3342, all of the Public Records of Jade County, flor:..ja. 2. Notices of Lien filed by the City of Miami. Beach, recorded in Official Records Book 15907, Page 3264, in Official Records Book 15859, Page 4571, in Official Records 15859, Page 4569, in Official Records Book 15749, Page 2300, in Official Records Book 15749, ?age 2298, in Official Records Book 15635, Page 3183, in Official Records Book 15595, Page 2876, in Official Records Book 17268, Page 1746, in Official Records Book 17546, Page 3119, and in Official Records Book 17546, Page 3120, all of the Public Records of Dade County, Florida. 3. The effects of Affidavits of Non-Compliance filed by the City of ~ami Beach recorded in Official Records Book 15907, Page 3263, in Official Records Book 15859, Page 4570, in Official Records Book 15859, Page 4568, in Official Records Book 15749, Page 2299, in Official Records Book 15749, Page 2297, in Official Records Book 15635, Page 3182, and in Official Records Book 15595, Page 2870, all of the Public Records of Dade County, Florida. 4. Claim of Lien in favor of the City of ~amj, Beach recorded In Official Records Book 18408, Page 2875, of the Public Records of Dade County, Florida. 204680.02 Sxhioi~ "n" :~~3:~ by 1nd :etu:n :0: ::::-.)~'J. ,3::::',.Jn, Ssq. 2.._Z':":-:' '~-:,J::e;::,g Dunn ?:-ice ~ .2..xel:'Jd ~:..? ~~,~ ?~:3: ~~ion ?inancial Cen:er ~3.:n.:., ::;'.Jrlda 33U1 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of the A.D. 1999, by Nhose post office address is ereinafter called the Grantor, to the CITY OF MIAMI BEACH, whose post office address is City Hall, 1700 Convention Center Drive, Miami Beach, florida 33139, hereinafter called the Grantee (wherever herein the terms "Grantor" and "Grantee" include all the parties this instrument and the heirs, legal representatives and assigns individuals, and the successors and assigns of corporations) . day of , a used to of WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, to be used for road right-of-way purposes only, the following described land situate in Miami-Dade County, Florida, viz: See legal description attached hereto and made a part hereof as Exhibit "A". Said property is included within Folio Nos. and Subject to: 1. Zoning and other governmental rules, regulations and ordinances. 2. Restrictions, covenants, conditions and easements of record, without intent to reimpose or reinstate same hereby. 3. General and special taxes or assessments for the current year. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that Grantor will defend the title to said land against the lawful claims of all persons claiming by, through or under said Grantor. This is not a conveyance of all or substantially all of the assets of Grantor. ,G:\DMS\02256\09024\0253371.03 8/5/99 :~J ~::~JE33 ~H2?~J~! :~e saij 3r3~:~r has =aused ~~~3 ~~3tr~rre~~ ~~ be exec~=~d 3S ~f the =ay 3~d jear ~irst 3bove ~rlt:en. Sl]r:ed, sealed and delive::-ed :.:1 'J'J.r ;::-esence: G?~;NTOR : Siqn: ?rl.n:: Siqn: E'rl:1t: By: Name: Title: STATE OF FLORIDA S5: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 1999, by of He is personally known to driver's license as identification. , as , on behalf of said me or has produced a Sign Name: Print Name: My Commission Expires: NOTARY PUBLIC Ser ial No. (none, if blank) [NOTARY SEAL] G:\DHS\02256\09024\0253371.01 8/5/99 2 " , , " " >- " I: I~ - " " " ,t " " , I, " " , " " 'I: , " " " - --F I " " r , ~ ~ " , -11: " , , \ " " I , " " " , , , I I I I: U , , " , I I- " " I LU " " ~ " I' I Vl " " I C<: " " I LU II " I u..~ " " L --I , VlLU " " " I 10 Zo " " I .., ., ~Vi " " '/ " F ~ I 1-1- 'I Ii \~ >-Vl ~ " " <C-< I " ~':::. '" " I' '" " Ii " ;;; u.. ::j " " , 0 8 " " , 'l.J; , ~ ~ I c.9 C2 " " I I I, 'I ," 'I Ii I' Ii II " '! I 1'1, I' " I' I, "' .r< "' 'r< .c ~ '" I;: ~I I I:: :~;: 11111; 't-' Ilr I, 'II I' II I'.JII ! 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IJJ IJJ Z <:Q <:Q IJJ r:: r:: ~ ~ ~ ~ D~I -, I I 1 I I I 1 I I I 1 I 1 I I I I I I n I I I I Q3S0dOtld II I :~ I " I " ' ill " , " , " , ," " " II' ,,, "I '" II, Z o '::i I ::::J <( LU ...J CO LU Z ~ Z o u.. u< :z: ~ < . ii V> ~~ LU ~: '< uJ~~ u o V) V) <( cO ~ ~ ~-! ~~~ VI ~:; Cl::: ~ S j =:;: , => 0 ~ a: ~~~ 2j~ ::: ~ ~li >eq <:(~; o ~ ': ("X-.l i'j~O.l~OtlN'ld\ WSOdOtld\Ii&IL6 Exhibit "]" ?~e~ red 6~' 3~~ ~~:.~=~ ~=: ..:..::-.:: j .::.... 3:--:>..::', '::3 =i. 3:'_2 :1 .3~~'TLi:,e::; :::::J:-'.:-. ?::.:e ; ......x2_::d :"'::"'2 2SJO ?i~s: ~~:.on ~:'~3nc:'3: :~n:er :-::.. 3:r.l. , ? ~ :: :: :. ia. 3 ~ : 3 :. LANDSCAPING EASEMENT This ~asement is entered into as of the day of 1999 between HOTELERAMA ASSOCIATES, LTD., a Florida limited partnership ("Grantor"), '",hose address is 4441 Collins Avenue, Miami Beach, Florida 33141, and CITY OF MIAMI BEACH ("City"), '",hose address is City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139. WHEREAS, contemporaneously herewith, a portion of existing 44th Street within the City of Miami Beach is being relocated, and the City is granting to Hotelerama a deed for existing 44th Street in exchange for right-of way deeds to the City for newly relocated 44th Street; and WHEREAS, in connection therewith, Grantor desires to grant to the City, for the enjoyment of the public, a current easement for landscaping purposes over and across the property legally described on Exhibit "A" attached hereto and made a part hereof (the "Property") and a future easement for landscaping purposes over and across the property legally described on Exhibit "8" attached hereto and made a part hereof (the "Additional Property"); NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, Grantor and the City agree as follows: 1. Grantor hereby grants to the City a perpetual non-exclusive easement for landscaping purposes over and across the ground level of the Property. At such time as the ground level of the Additional Property is improved with landscaping, Grantor hereby grants to the City a perpetual non-exclusive easement for landscaping purposes over and across the ground level of the Additional Property, which easement shall not be effective until the ground level of the Additional Property is improved with landscaping. Landscaping, for purposes of this Easement, may include, without limitation, grass, trees, shrubs, ground cover, irrigation, water features, decorative pavement, and/or trellises or similar structures. The easements granted hereby are for the visual enjoyment of the public and shall not entitle anyone to enter upon the property over and across which said easements are granted except to the extent that the City of Miami Beach personnel may need to inspect the landscaping on the easement area. Moreover, nothing contained herein shall restrict Grantor from using the areas above or below the easement areas granted herein for any purpose whatsoever, so long as such use is not inconsistent with the easement rights herein granted. G:\DMS\02256\09024\0253354.01 8/5/99 \ 2. The City shall have ~o responsibllity ~hatsoever for installing, maintaining, repairlng, or replacing anything within the Property ~r Additional Property. Rather, anything to be installed, maintained, repaired or replaced ~ithin the Property and the Additional Property shall be installed, maintained, repaired and replaced solely by Grantor at its cost. All of the foregoing activities stall oe effected in full compliance ~ith all applicable laws and Grantor shall indemnify, defend and hold City harmless from and against all claims, demands, causes of action, costs or expenses arising from the installation, maintenance, repair and/or replacement of improvements within the Property and/or the Additional Property. 3. Although this Easement is intended for the visual enjoyment of the public, this Easement can be terminated or modified by an instrument executed solely by Grantor (joined by its mortgagee(s), if any) and the City. 4. This Easement shall be a covenant running with the land, and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the undersigned have caused this easement to be executed as of the day and day first above written. 2 Witnesses: HOTELERAMA ASSOCIATES, LTD., a Florida limited partnership, by KDM Corporation, a Florida corporation, its general partner Sign: Print: By: Name: Title: Sign: Print: STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 1999, by , as of KDM Corporation, a Florida corporation, as general partner of HOTELERAMA ASSOCIATES, LTD., Florida limited partnership, on behalf of said corporation and partnership. He is personally known to me or has produced a driver's license as identification. Sign Name: Print Name: My Commission Expires: NOTARY PUBLIC Serial No. (none, if blank) : [NOTARY SEAL] G:\DMS\02256\09024\0253354.01 8/5/99 2 2 :~itnesses: CITY OF MIAMI BEACH S,q'n: ?ri::t.: By: Neisen O. Kasdin, Mayor Sign: !?rint.: Attest: Robert Parcher, City Clerk STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 1999, by Neisen O. Kasdin, as Mayor and Robert Parcher, as City Clerk of the CITY OF MIAMI BEACH, on behalf of said entity. They are personally known to me or have produced driver's licenses as identification. Sign Name: Print Name: My Commission Expires: NOTARY PUBLIC Serial No. (none, if blank) : [NOTARY SEAL] G:\OMS\02256\09024\0253354.01 8/5/99 3 MORTGAGEE JOINDER TO LANDSCAPING EASEMENT -::'he undersigned, being :he holder of an Amended and Restated ~1ortgage, Assignment of Rents, Security Agreement and fixture riling recorded in Official Records Book 18047, Page 1985, of the Public Records of Miami-Dade County, Florida, as amended, and related :ollatecal doc~ments, encumbering all or portions of the Property described in the foregoing Sasement, hereby joins in the forego~ng Sasement for the purpose of subordinating the lien in effect of sald Mortgage and collateral documents to the effects of the foregoing Easement. Nomura Asset Capital Corporation By: Title: Print Name: Dated: STATE OF ss: COUNTY OF The foregoing instrument was acknowledged before me this day of 1999, by , as of Nomura Asset Capital Corporation, in the capacity aforestated. He is personally known to me or has produced a driver's license as identification. Sign Name: Print Name: My Commission Expires: NOTARY PUBLIC Serial No. (none, if blank) : [NOTARY SEAL] G:\DMS\02256\09024\0253354.01 8/5/99 4