Letter to T. Glenn Johnston from Arnold M. WeinerQ.
ARNOLD M. WEINER
CITY ATTORNEY
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October. 16, 1984
Mr. T. Glenn Johnston
Vice President and Project Manager
South Pointe Development Company
777 Brickell Avenue, Suite 1102
Miami, Florida 33131
Re: Development Agreement
Dear Mr. Johnston:
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CITY~~'~ DEPT.
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P.O.BIN 190000
MIAMI BEACH, FLORIDA 33118
TELEPHONE: 673.7070
Enclosed herewith are the fully executed Development Agreement
and Letter Agreement dated October 9, 1984. These agreements
are being submitted to you with the following understanding
reached in our telephone coversation yesterday.
1. The Development Agreement constitutes, and is intended
by the parties to constitute, a covenant running with the
land which shall be binding and enforceable against
successors and assigns of the development including but
not limited to any mortgagee.
. 2. In order to give full force and effect to the indemnity
provision in Paragraph 17 of the Development Agreement,
the developer will make the City an additional named
insured under the developer's insurance policy taken out
to cover the contingencies referred to in the indemnity
clause.
3. It is understood that the_ vacation of Collins Avenue and
Inlet Boulevard shall be concluded simultaneously with
the delivery by the Developer and acceptance by the City
of the various easements and/or dedications provided for
in Paragraphs 6, 7 and 9 of the~Developer's Obligations
as set forth in pages 1 and 2 of this Exhibit E.
(~ OFFICE OF THE CITY ATTORNEY
F L O R I D A
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Mr. T. Glenn Johnston
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October 16, 1984
4. Upon submission of these documents, the escrow is re-
leased and the documents are in full force and effect.
Best of luck to you and your people in this exciting venture.
AMW/cm
Enc.
APPROVED
DATE
Very truly yours,
Arnold M. Weiner
City Attorney
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HAND DELIVERED
October 9, 1984
Mr. Rob W. Parkins
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
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South Pointe
Development
Company
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Re: Development Agreement Between the City of Miami Beach and,
South Pointe Development Company dated October 9, 1984
Dear Mr. Parkins:
This will set forth the agreement between South Pointe Development Company
and the City as to future construction of the Biscayne Street and other
infrastructure improvements. We agree as follows with respect to the
proposed work as described in Exhibit E and Schedule Ito the Development
Agreement:
1. ADAD Construction Corp., a wholly-owned Cheezem subsidiary, will work
directly with the appropriate City officials in order to assure that the
scheduled design and construction is undertaken as provided for in
Schedule I of Exhibit E.
2. ADAD will assist the City in design and construction scheduling, will
attend all meetings as appropriate thereto, and will review proposed
contracts so as to assure that they contain necessary penalties for
failure on the part of the subcontractors to complete the work on a
timely basis. Additionally, the construction contracts will contain a
provision allowing -South Pointe Development Company, in its_ sole
discretion, to award bonuses to subcontractors for early completion. Such
bonuses will be the responsibility of South Pointe Development Company.
3. The City will incorporate provisions in the respective subcontracts to
require the subcontractors to pay such_ overtime as is necessary to assure
completion in accordance with the agreed upon schedule. In addition,
South Pointe Development Company shall retain the option, at its sole
discretion, to pay such overtime .as it deems appropriate to accelerate
the agreed construction schedule.
4. ADAD will coordinate with your subcontractors in order to assure that the
Biscayne Street work is undertaken parallel to the improvements that we
are making on Biscayne Street, and the infrastructure work for our Phase
I.
777 Brickell Avenue, Suite 1102, Miami, Florida 33131 (305) 377-0666
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Mr. Rob W. Parkins
October 9, 1984
Page two
If this letter accurately reflects our understanding, I would appreciate your
so indicating by executing copy of same and returning it to me.
Sincerely,
SOUTH POINTE DEVELOPMENT COMPANY
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BY: T. Glenn Jo n ton
Vice Presi b '
Protect Manager
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ACCEPTED AGREED th ~ day of October, 1984.
Rob W.~ark~, City Mana~r
City o Mi i Beach, Florida
APPROVED AS TO FORM this ~ day of October, 1984.
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Arnold M. Weiner, City Attorney
City of Miami Beach, Florida