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Letter of Agreement 3/12/1996 v' .' - JEFFERSON PLAZA, LTD. 2665 S. Bayshore Drive, Suite 302 Coconut Grove, Florida 33133 March 12, 1996 Jose Garcia-Pedrosa, City Manager City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 Re: Jefferson Plaza, Ltd. - Letter Agreement Regarding Contribution in Connection with Construction of Pedestrian Walkway Dear Mr. Garcia-Pedrosa: As you are aware, as a condition to the approval of Jefferson Plaza, Ltd.'s proposed project at 15th Street and Collins Avenue ("Jefferson Project"), the City of Miami Beach ("City") required Jefferson Plaza, Ltd. ("Jefferson") to grant a perpetual easement to the City for use as an at grade pedestrian walkway ("Walkway") across that certain parcel of land approximately 15 feet in width running along the dune line near the eastern boundary of the Jefferson Plaza property ("Property"). The City intends to construct the Walkway and provide landscaping upon the easement parcel, and Jefferson has agreed to contribute $10,000.00 to the City for this purpose in accordance with the following terms. Subsequent to the issuance of a building permit for the Jefferson Project, but prior to the issuance of a Certificate of Occupancy for any portion of the Jefferson Project, Jefferson shall deliver to the City, in form and content reasonably satisfactory to the City, a cash deposit or bond in the amount of Ten Thousand Dollars ($10,000.00) to provide for a portion of the cost of construction and landscaping of the Walkway. The City shall be authorized by Jefferson to draw upon the bond or cash deposit within twenty (20) days of the City's written demand for the funds (the "Walkway Demand"), together with proof that all permits required for construction of the Walkway have been obtained and the City is ready to begin construction of the Walkway. However, if the City has not delivered the Walkway Demand to Jefferson within five (5) years of the date hereof, Jefferson's obligation to pay any portion of the cost of construction or landscaping of the RUBINfSYS:\DMS\72343\07906\OI12272.01 March 18, 1996 ,,"- ~ ., .' Walkway shall be deemed satisfied and the cash deposit or bond shall be returned to Jefferson. In no event shall any Certificates of Occupancy be issued for the Jefferson Project until either the $10,000.00 cash deposit or bond is delivered to the City, or payment is made to the City in response to the issuance of the Walkway Demand, unless the Walkway Demand is not made within five (5) years of the date hereof. If you are in agreement with the terms of this Letter Agreement, please execute where indicated below. Very truly yours, JEFFERSON PLAZA, LTD., a Florida limited partnership By: JEFFERSON PLAZA MANAGEMENT, L. C . a Florida limited liability company, General Partner ~/4 fe (,/ ,f;"v / By: AGREED TO CITY OF M RUBIN/SYS:\DMS\72343\07906\Oll2272,Ol March 18. 1996