File Ref. #064
MAY. 19. 1998 12:51PM SH&D LLP ()6V-!fIJt ZJ/f'lo NO. 4734 P. 2
M~ h \q1f- f.I,(
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GREENBERG. TRAURlG, HOFFMAN, LIPOFF. ROSEN &. QUENTEL. P.A.
1221 Brickell Avenue
Suite 2200 t}oN])d)(]' +
Miami, Florida 33131-326 i ·
May L 1998
City of Miami Beach
1100 Convention Center Drive
Miami Beach, FL 33139
Attn: Murray Dubbin, Esquire
City Attorney
Re: Settlement Asreement to be entered into by and between the City of Miami Beach. Flori~
a Florida municipal corporation (the "City"), the Miami Beach Redevelopment Agency~ a.
Florida public agency organized and existing pursuant to the Community Redevelopment
Act of 1969, Chapter 163, Part nit Florida Statutes, as amended (the IIRedevelopment
Agency") and West Side Partners. ltd" a Florida limited partnership C'West Sidel'), as
~proved by the CitY on April 15 1998 (the IISettlement A&r~entl'l)
Dear Mr. Dubbin:
This letter sball coafirm the understanding of the panics that the provisions of Section 4.2.2.1.2 of
the Settlement Agreement addresa the sequencing of CODSUUcUon on SSDI Nonh which was
aegotiated by the City in order to prohibit West Side trom developinl all of SSDI North at the same
time. Further, it is the parties underv2fllli"8 that the Settlement Agreement bas not adopted any new
concept plan for SSDI North, and accordingly at this time, West Side may only construct such
buildings IDd related amenities OD SSDI North IS are currently set forth on the Concept Plan
approved in connection with the 1986 Development Agreement (the -1986 Concept Plaa"). The
Settlement Agreement does not currently bind the City, the Redevelopment Agency or West Side
to any new site plan for the coDSbUction of buildings on the southern portiOD of SSDI South or on
l/
MAY. 19. 1995-12:52PM
SH&D LLP
NO. 4734 P. 3
SSDI North. and the parties will not be so bound unless and until the 1998 Concept Plan (as
referenced in the Settlement Agreement) to be filed with the City (as said concept plan may be
amended, replaced. substituted and refiled) is hereafter approved by the City.
Best regards.
Very truly yours,
GREENBERG. TRAURlG. HOFFMAN. LIPOFF,
ROSEN" QUENTEl, P.A.
By: ~Qi- .
Name: C r., I F=('::'~ v A. S Cr l-+l4 L.., ~
Title: ~ mtr..H-, Fc>t'l- (.oe!.ST's Ik-
a:: Mr. Heinrich von Hanau
Portofino Group
MIA9801132009.2
MAY. 19. 1995-12:52PM
SH&D LLP
NO. 4734 p, 4
GREENBERG, TRAURlG, HOFFMAN, LIP OFF, ROSEN &. QUENTEL, P.A.
1221 Brickell Avenue
Suite 2200
Miami, Florida 33131-3261
~
May ~ 1998
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Mr. Robert Parcher
City Clerk
R.e: Development Order under the provisions of Section 380.06 Florida Statutes for the
Portofino Alternative Development of Regional Impact (the "Portofino Alternative
Development Order")
Dear Mr. Parcher:
Please be advised that the undersigned represents West Side Partners. Ltd.. a Florida limited
partnership ("West Side") in connedion with the above captioned matter, u well u in connection
with that certain Settlement Agreement to be entered into by and between the City of Miami Beach,
Florida., a Florida municipal corporation (the "Cityll), the Miami Beach Redevelopment Agency, a
Florida public agency organized and existing pursuant to the Community Redevelopment Act of
1969, Chapter 163, Part ro, Florida Statutes, as amended (the "lledevelopment Agency") and West
Side, as approved by the City on April IS, 1998 (the "Settlement Agreement"). West Side does
hereby request, pursuant to the provisions of Section 380.06 and Section 380.07. Florida Statutes,
and Rule 91-2.025 (4) and (5), Florida Administrative Code, that the City not transmit the Ponofino
Alternative Development Order (adopted by the City on April 15, 1998) to the Department of
Community Affairs, Bureau of State Planning, the regional planning ageOCYD and the owner or
developer. until such time as the City approves the Concept Plan regarding the development of the
SSDI North Parcel and the South SSDI Parcel (the 111998 Concept Plann) to be filed by West Side
with the City pursuant to the Settlement Agreement.
It is turther our underlWlding that the result of our request described above is that the
Portofino A1temative Development Order bas not been Ilrendered" within the meaDiDs of the
provisions of Section 380.06 and Section 380.07. Florida StaNte.. and Rule 9J-2.025, Florida
Administrative Code, and that in the event the 1998 Concept Plan (the only one of the Development
Approvals described in the Settlement Agreement not yet approved by the City) is not approved by
the City in a timely fubion, IS set forth in the Settlement Agreement, and the Settlement Agreement
is terminated, pursuant to the terms of the Settlement Agreement, then all of the provisions and
obligations of the parties under the Settlement Agreement shall fully terminate and be null and void,
and all other Development Approvals (including the Ponotino Alternative Development Order)
whi~ have been adopted shall be treated by the parties as revoked and of DO further force and etfect,
except for the Zoning Map AJNlf)d"'ent and the Comprehensive Plm Amendment, as set foRb in the
. M~Y.19.1998 12:52PM
SH&D LLP
NO. 4734 P. 5
Settlement Agreement. In such event, all of the parties to the Settlement Agreement will be
otherwise restored to the condition that existed prior to the date of the Settlement Agreement ~..
April 15, 1998), 'Without prejudice to the applicant to apply to the City for reconsideration of any of
the Developmental Approvals which were denied, or which were terminated in connection with the
termination of the Settlement Agreement, as if the Settlement Agreement never existed. with the
further understanding that the applications for Development Approvals shall not be terminated in
connection with the termination of this Agreement, and shall be treated in the same fashion as if the
Settlement Agreement never existed.
Finally, it is our understanding that the City, pursuant to the above referenced statute and
rule, has also requested tbat the Clerk not transmit the Alternative Miami Beach Marina DRI
Amended Development Order (adopted by the City on April 15, 1998) to the Department of
Community Affairs, Bureau of State Planning, the regional planning agency. and the owner or
developer, until such time as the City has approved the 1998 Concept Plan, and accordingly>> the
foregoing request by West Side is conditioned upon West Side receiving a copy of the City's written
request to the Clerk on or before 30 days from April 15, 1998.
Very truly yours,
GREENBERG, TRAURlG, HOFFMAN. tIPOFF.
ROSEN" QUENTEL, P.A.
By: ~()lr
Name: C-L- .4 oS C 1.}i4~,.n....J
Title: A'r!D(t,N (,.[ F ()(2., ~r oS I o.c-
cc: Mr. Heinrich von Hanau
Portonno Group
MIA9801f.H319-S