98-22985 RESO
RESOLUTION NO.
98-22985
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO
THE DEVELOPMENT AGREEMENT ENTERED INTO BETWEEN THE
DI LIDO BEACH HOTEL CORPORATION AND THE CITY OF MIAMI
BEACH IN ACCORDANCE WITH THE REQUIREMENTS OF THE
FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT
FOR PROPERTY LOCATED AT 155 LINCOLN ROAD, MIAMI BEACH,
FLORIDA AND AT 1653, 1655, 1657, 1661, 1663, AND 1669 COLLINS
AVENUE, MIAMI BEACH, FLORIDA AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT.
WHEREAS, the Florida Local Government Development Agreement Act authorizes local
governments to enter into development agreements with developers, and amendments thereto, in
order to encourage a stronger commitment to comprehensive and capital facilities planning, to ensure
the provision of adequate public facilities for development, to encourage the efficient use of
resources, and to reduce the economic cost of development; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach entered into a
development agreement with the Di Lido Beach Hotel Corporation (the "Agreement") which is
recorded in the Public Records of Miami-Dade County in Official Records Book 18165 at Page 955,
with regard to properties located at 155 Lincoln Road and at 1653, 1655, 1657, 1661, 1663, and 1669
Collins Avenue, Miami Beach, Florida in order to, among other things, facilitate the development
of a five-star 400 room hotel, to obtain a pedestrian easement connecting, for the first time, Lincoln
Road to the beach, and providing funds to improve Lincoln Road east of Collins Avenue; and
WHEREAS, Di Lido Beach Hotel Corporation has requested that an amendment to the
Agreement be considered and approved to correct certain restrictions included within the Agreement;
and
WHEREAS, in order to comply with Section 163.3225, Florida Statutes, the amendment to
the Agreement requires consideration at two public hearings; and
WHEREAS, the amendment to the Agreement was considered and approved at two public
hearings held on November 18, 1998 and December 2, 1998 respectively; and
WHEREAS, pursuant to the terms of the amendment to the Agreement, the Di Lido Beach
Hotel Corporation has agreed, inter alia, to be responsible for recording, at its expense, the
amendment to the Agreement in the public records for Miami-Dade County, Florida.
NOW THEREFORE BE IT RESOL VED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the proposed amendment
to the Agreement between the City of Miami Beach and the Di Lido Beach Hotel Corporation for
property located at 155 Lincoln Road and at 1653, 1655, 1657, 1661, 1663, and 1669 Collins
Avenue, Miami Beach, Florida is hereby approved, and the Mayor and City Clerk are authorized to
execute the amendment to the Agreement and deliver an official executed amendment to Di Lido
Beach Hotel Corporation for recordation as provided in the amendment.
PASSED and ADOPTED this 2nd day of
December
,1998.
t4kr f~~
11fA
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F:\A ITO\TURN\ORDERS\DILlD03.RES
~~
City orney
~tIJiJ/qK
ID~e
2
~ITY OF MIAMI BEACH
;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
Ittp:\\cLmiami-beach. fl. us
COMMISSION MEMORANDUM NO.
g/lo48
TO:
Mayor Neisen O. Kasdin and
Members of the City Co ission
DATE: December 2,1998
FROM: Sergio Rodriguez
City Manager
SUBJECT: A RESOL I OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF IIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO
THE DEVELOMENT AGREEMENT ENTERED INTO BETWEEN THE DI
LIDO BEACH HOTEL CORPORATION AND THE CITY OF MIAMI
BEACH IN ACCORDANCE WITH THE REQUIREMENTS OF THE
FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT
FOR PROPERTY LOCATED AT 155 LINCOLN ROAD, MIAMI BEACH,
FLORIDA AND AT 1653, 1655, 1657, 1661, 1663, AND 1669 COLLINS
AVENUE, MIAMI BEACH, FLORIDA AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT.
RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
At the May 20, 1998 Commission Meeting, the Commission approved a Development Agreement
with the Di Lido Beach Hotel Corporation (Di Lido) governing the renovation of the existing Di
Lido Hotel, located on the northeastern comer of Collins Avenue and Lincoln Road. As part of the
Development Agreement, Di Lido presented to the Commission plans for the proposed renovations.
Those plans were attached to the Development Agreement as exhibits, and called for the
development of an addition to the existing Di Lido. Under the submitted plans, the total height of
the building would be 124 feet from the base of the building to the top of the roof.
As provided in the Development Agreement, Di Lido is in the process of securing development
approvals for the proposed renovation from the City's Design Review Board and Zoning Board of
Adjustment. In the course of processing those applications, Di Lido's architect has discovered two
errors in translating the total 124 foot building height from a measurement from base to top of the
roof to a measurement from grade.
AGENDA ITEM
R,A
I '2.-2-ctB
DATE
ANALYSIS:
On November 18, 1998, the City Commission approved the subject resolution on first reading and
scheduled a second public hearing for December 2, 1998 at 3 :00 p.m. By way of explanation for the
amendment, please refer to Exhibit "1" attached hereto which was a part of the Agreement. This
diagram used erroneous information taken by the Applicant from an old microfilm which produced
a purported maximum elevation for the building of 116 feet starting the measurement at a minus 8
feet ( -8). After that diagram was produced, the text was later developed within the Agreement
(Exhibit "2") which stated that the building would be 117 feet measured from grade. This was the
first scrivener's error, as the development of the text provision failed to take into account that the
diagram measured height above a starting point of -8 feet, while the text provision measured height
from above grade, which is at elevation +7 feet.
Original
Top of Roof Architectural
Projection
Proposed Amendment
Top of Roof Architectural
Projection
Starting Point
-8
-8
Grade
7
7
Bldg. Height + 124
+148
+124
+148
Height Above Grade 116
140
131
155
Subsequently, the architect's office received correct information and started measuring the height
of the building from National Geodetic Vertical Datum (NGVD), which makes the same building
at elevation + 13 6 feet. It was at this time that the developer discovered the second discrepancy. The
City's zoning provisions measure "grade" from the sidewalk elevations, not NGVD. So measuring
the height from grade, which is 7 feet, would place the building at a maximum elevation of + 131 feet
and the height of the architectural projection at elevation + 155 feet, which is reflected in the attached
proposed amendment. It should be noted that the maximum permitted height ofthe building as per
the provisions of the land development regulations in effect on the date of approval of the
Development Agreement is 150 feet. Notwithstanding this, the Developers agreed to limit the
maximum height as previously mentioned.
The discrepancies noted above all deal with a series of starting points and final elevation, not a
change in the actual height of the building. The actual height of the building does not change from
that which was shown to the Commission and attached to the Development Agreement. The actual
building is and has always been 124 feet tall (Exhibit "3" diagram). It is the corresponding starting
point for measuring that has changed. This request for an amendment would make the drawings, and
the text ofthe Development Agreement consistent with each other and reflects the correct maximum
building height of 131 feet and highest architectural projection of 155 feet, measured from grade as
required by the City's land development regulations and the Development Agreement.
CONCLUSION:
The Administration recommends that the City approve the proposed amendment.
This recommendation is based upon the fact that the proposed amendment does not alter the height
size or scale of the building as presented to the Commission at the time of the approval of the
original Development Agreement. The proposed amendment corrects the text ofthe amendment and
the elevation scale to conform with the requirements of the City's land development regulations and
the Development Agreement.
SR:C~ph
Attachments
T:\AG ENOA \0 EC0298\REG ULAR\O III DO. WPO
This instrument was prepared by (record and return to):
Name:
Address:
Juan P. Loumiet, Esq.
Greenberg Traurig Hoffman
Lipoff Rosen & Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33131
(305) 579-0500
(Space reserved for Clerk)
AMENDMENT NO.1 TO AGREEMENT
THIS AMENDMENT NO.1 TO AGREEMENT (this "Amendment") is made
and entered into as of the ~NOday of ~&rt,.1998, by and among: (1) the CITY OF
MIAMI BEACH, a Florida municipal corporation (the "City"); and (2) DI LIDO BEACH
HOTEL CORPORATION, a Florida corporation (the "Owner"):
Recitations
A. The Owner and the City entered into that certain Agreement dated June 11,
1998, recorded in Official Records Book 18165, at Page 955, of the Public Records of
Miami-Dade County, Florida (the "Agreement"), which Agreement constitutes a
development agreement among the parties pursuant to the Florida Local Government
Development Agreement Act, Sections 163.3220 - 163.3243 et. seq. (the "Act") and
Section 9D-l of the City's Code. All capitalized terms used herein which are not defined
shall have the definitions as set forth in the Agreement.
B. The property that is the subject of the Agreement is described in Exhibit "A"
hereto.
C. The Owner and the City are desirous of amending certain terms of the
Agreement.
D. Having fully considered this Amendment at two duly conducted public
hearings in compliance with Section 163.3225 of the Act, the City has approved and
authorized this Amendment.
NOW, THEREFORE, in consideration of the foregoing, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereby agree as follows:
1. Recitations. The foregoing recitations are true and correct and are
incorporated herein by this reference.
2. Amendments. Subsection 3.18 (b) of the Agreement is hereby deleted and
the following is inserted in lieu thereof:
(b) The building height shall be no more than 13 1 feet
to the top of the roof and 155 feet to the highest
architectural projection as measured above "grade" as said
term is defined in the City's zoning ordinance (Ordinance
No. 89-2665).
3. Compliance. The provisions of the Agreement dealing with the Di Lido
Property, as modified by this Amendment, are consistent with the Comprehensive Plan
(subject to all applicable Development Approvals) in effect on the execution date of the
Agreement and the land development regulations of the City (subject to all applicable
Development Approvals) in effect on the execution date of the Agreement.
4. Effectiveness: Recording: Further Amendments: Counterparts. This
Amendment shall become effective upon execution by all parties hereto. Promptly after
the full execution hereof, Owner shall record this Amendment with the Clerk of the
Circuit Court Miami-Dade County, Florida. Except as amended hereby, all other terms
and conditions contained in the Agreement remain unchanged and in full force and effect.
This Amendment may be executed in several counterparts, each of which shall be deemed
an original, but all constituting only one Amendment.
EXECUTED as of the date first above written.
Signed, sealed and delivered
in the presence of:
5~~l4
~\-r.- \-\~\ "-
APPROVED AS TO
FORJv\ & LANGUAGE
& FOR EXECUTION
CITY OF MIAMI BEACH,
a Florida muni/~Zforporation
By: 71/1
Name: Neisen Kasdin, Mayor
Attest:~O p~
Robert Parcher, City Clerk
~~
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D~~~
DI LIDO BACH HOTEL
CORPO TION, a Florida corporation
~c~
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
~he foregoing instrument was acknowledged before me this l?d day of
, 19cfj by Bruce E. Lazar, as Vice President of Di Lido Beach Hotel
orporatI , a Flonda corporatIOn, on behalf of the corporatIOn. He IS personally known
to me or has produced as identification and who did (did not)
take an oath.
NOTARY PUBLIC ....~~~~. MARTAM.RIVERO
(.~"'A~:.\ MY COMMISSION 1/ CC 788886
~'~4~ EXPIRES: November 5, 2002
"~4r:.'t\.~... Bonded Thru NolIIy Public UIldllllriltB
Typed or Printed Name of Notary
My Commission expires:
Serial No., if any:
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this Ii tI, day of
~4-U-d.~ ' 199,;1)y IYt/SeN' D. /G s.d;~ , as Mayor ofthe
r Ity of Miam each, a munIcIpal corporatIOn, on behalf of the CorporatIOn. He IS
personally known to me (:Of ~ftEl ~roL_s-a .__"h__ as identification and
who did {did not) take an oath. ~ 'J I . ~ (1) " _ Il
_~;C..I_.fl-4/~.Jl4/11...P
OFFICIALI\:arARYSEAL NARY PUBLI /
LILLIAN BEAUCHAMP / ~'""j)
NOTARY PUBLIC STATE OFFLORlDA A} j (,~ rJ '/':5( ct uc-h d !--tO
COMMISSION NO. CC73A,17i - - - -- --,-
MYCOMMlSSKW EXP 1\1"[-:. Typed or Printed Name of Notary
My Commission expires:
Serial No., if any:
MIAMIlHERNANDEZJ/984364/13jg05! ,00ClII/09198119878.0 10700
EXHIBIT" A"
DI LIDO PROPERTY
PARCEL 1:
Lots 18, 19 and 20 in Block 29, of FISHER'S FIRST SUBDIVISION OF ALTON
BEACH, a Subdivision of MIAMI-DADE, Florida, according to the Plat thereof, as
recorded in Plat book 2, at Page 77, of the Public Records of MIAMI-DADE County,
Florida.
ALSO PARCEL 2:
All of Lots 1,2,3,4, 17 and the South Half (S1/2) of Lots 5 and 16, in Block 29, of
FISHER'S FIRST SUBDIVISION OF ALTON BEACH, according to the Plat thereof, as
recorded in Plat Book 2, at Page 77 of the Public Records of MIAMI-DADE County,
Florida, ALSO; Beginning (P .O.B.) at the Northeast comer of the South Half (S 1/2) of
Lot 5 in Block 29 as the same is shown and designated upon the Plat Florida; thence run
in an Easterly direction along the North Line of said South Half (S 1/2) of Lot 5 in Block
29 produced to the Erosion Control Line of the Atlantic Ocean, said line recorded in Plat
Book 105, at Page 62, of the Public Records of MIAMI-DADE County, Florida; thence
run in a Southerly direction along the Erosion Control Line a distance of 280.059 feet to a
point, said point being the intersection of the Erosion Control Line and the Centerline of
Lincoln Road, as said Road is shown on the above mentioned Plat, produced Easterly;
thence run in a Westerly direction along the Centerline of Lincoln Road produced
Easterly to an intersection with the Easterly Line of Block 29 produced Southerly; thence
run in a Northerly direction along the Easterly line of said Block 29 and its production
Southerly, a distance of278.878 to the Point of Beginning (P.O.B.).
To Be Described as follows:
Unit No. , and No. , of
Condominium, filed in Official Records Book
Public Records of MIAMI-DADE County, Florida.
, at Page
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3.13 "Initial Closin~" shall have the definition set forth in Section 11.1
of this Agreement.
3.14 "Lincoln Access Ea,;eme.nt" shall mean a perpetual easement for
public pedestrian and vehicular traffic on, across and through the Lincoln Road
Property for the purpose of allowing pedestrian and vehicular traffic to continue to
use the Lincoln Road Property which easement shall be in the fonn attached
hereto as Exhibit "F".
3.15 "Lir)coln Road Improvements" shall mean the improvements to be
made to the Lincoln Road Section and the Di Lido Easement Area as described in
Section 8 of this Agreement.
3.16 ''LinC9In Road Property" shall mean that portion of Lincoln Road
North of the center line of the existing road right-of-way lying East of the Eastern
right-of.way line of Collins Avenue and which is contiguous to the Di Lido
Property, as more pa.rticularly described in Exhibit "B" hereto.
3 .17 "L,incoln Road SecQQD." shall mean the portion of Lincoln Road
lying East of the Eastem right-oi-way line of Collins A venue.
3.18 "Elanned Development" shall mean the reconstruction and
redevelOFment of the Df Lido Property (as defined in Section 3.12 hereof to
include the Owner's right; title and interest to the Lincoln Road Property after the
Second Closing), including the existing Di Lido Beach Hotel and portions of the
adjoining commercial building, in compliance with the follOwing conditions:
(a) the maximum total square footage of floor area permitted
upon the Di Lido Property shall not exceed 407,491.25 square feet
measured in accordance with the regulations of the City's zoning
ordinance and the maximum pennitted floor area ratio upon the Di Lido
Property shall be 2.5 measured in accordance with the regulations of the
City's zoning ordinance for the purposes of detennining population
densities and building intensities as required by the Act.
(b) ThebuiIding height shall be no more thaT! 117 feet to the
top of the roof and 142 feet to the highest architectural projection as
measured above "grade" as said ~erm is defined in the City's zoning
ordinance (Ordinance No. 89-2665, as amended).
(c) The uses permitted in the Planned Development shall be a
hotel consisting of up to 400 "keys>' (as such term is generally used in the
hotel industry) with appurtenant facilities, i.t1cluding, without limitation, (i)
facilities for conventions, banquets and other functions; (i1) spa; (iii)
beachfront recreational facilities; (iv) restauran~s; (v) retail; (vi) parking
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
TO CONSIDER AMENDMENT TO DEVELOPMENT AGREEMENT
NOTICE IS HEREBY GIVEN that the second of two public hearings will be held by the City
Commission of the City of Miami Beach on Wednesday, December 2,1998 at 3:00 P.M., or
as soon thereafter as possible, in the City Commission Chambers, Third Floor, City Hall,
1700 Convention Center Drive, Miami Beach, Florida, to consider and enter into a proposed
amendment to that certain development agreement between Di Lido Beach Hotel
Corporation and the City of Miami Beach as recorded in Official Record Book 18165 at Page
955 of the Public Records of Miami-Dade County (the "Development Agreement") in
accordance with the requirements of the Florida Local Government Development Agreement
Act for property located at 155 Lincoln Road, Miami Beach, Florida and at 1653,1655,1657,
1661,1663, and 1669 Collins Avenue, Miami Beach, Florida.
The Amendment proposes that the Development Agreement be modified to provide that the
building height shall be no more than 131 feet to the top of the roof and 155 feet to the
highest architectural projection as measured above grade, where the Development
Agreement currently provides that the building height shall be no more than 117 feet to the
top of the roof and 142 feet to the highest architectural projection as measured above grade.
The foregoing information is provided pursuant to the requirements of Section
163.3225(2)(b), Fla. Stat.
Inquiries concerning the proposed Amendment to the Development Agreement should be
directed to the Office of the City Clerk, (305) 673-7411. Copies of the proposed Amendment
to the Development Agreement are available for inspection during normal business hours in
the Office of the City Clerk, City Hall, 1700 Convention Center Drive, Miami Beach, Florida.
All persons are invited to appear at this meeting or be represented by an agent, or to express
their views in writing addressed to the City of Miami Beach City Commission c/o the City
Clerk, 1700 Convention Center Drive, First Floor, City Hall, Miami Beach, Florida 33139.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: If a person
decides to appeal any decision made by the City Commission with respect to any matter
considered at this meeting or hearing, such person must insure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding should contact the City Clerk's Office no
later than four days prior to the proceeding, telephone (305) 673-7411 for assistance; if
hearing impaired, telephone the Florida Relay Service numbers (800) 955-8771 (TDD) or
(800) 955-8770 (VOICE), for assistance.
02/04/99
12:43
GREENBERG TRAURIG ~ 93056737002
. .
NO. 921
[;102
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11'IiS ~strUmen\_~.-t by (...~rd aft/! t8tutn to):
. 99R031956 1999 ~M 19 14~45
Name:
Address:
Juan P. Loumlet. Esq.
Greetlbe!g Traurig Hoffman
upaff Rosen & Quel\tel. P.A..
1221 BricKeR Avenue
Miami. Florida ~'3'
(305) 579-0500
(Space reserved for CIe11t)
AMENDMENT NO.1 TO AGREEMENT
... --' --"--,
....-....-. ... -'..
',-,--_.~'."-~".. .'TmS AMENDMENT N.O.l TO AGREEMENT (this "Amendment" is made
and entered into as ofthe6.-AIO day of ~M.U~ 1998, by and among: (1) the CITY OF
MIAMI BEACH, a Florida municipal corporation (the "City"); and (2) DI LIDO BEACH
HOTEL CORPORATION, a Florida corporation (the "Ow1ler"):
Recitaqo95
A. The Owner and the City entered into that certain Agreement dated June 11,
1998, recorded in Official Records Book 18165. at Page 955, of the Public Records of
Miami.Dade County. Florida (the "Agreement"). which Agreement constituteS a
development agreement among the parties pursuant to the Florida Local Government
Development Agreement Act. Sections 163.3220 - 163.3243 et. seq. (the '.Act") and
Section 9D-1 of the City'S Code. All capitalized terms used herein which are not defined
shall have the definitinn~ as set fcrth..in. the Agreement., . " ..,'.' N.
B. The propeny that is the subject of the Agreement is described in Exhibit :~An
hereto.
C. The Owner and the City are desirous of amending certain termS of the
Agreement.
02/1::l4/'::i'::i
1~:4~ b~ccNBc~b I~HU~15 ~ 93056737002
- .
NO. 921 ~02
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This iIlstrulMnt was prepared lly (record and flltum lO):
Name: Juan P. Loumle!. Esq.
Adcfress: GreeIlberg Traurig Halfman
Upc1f Rasen & Quentel. P.A..
1221 BricXeQ Avel'\ue
Miarrti. Florida 33131
(305) 579-0500
99R0319S6 1999 JAN 19 1'~45
(Space reserved for CIerl{)
AMENDMENT NO.1 TO AGREEMENT
- --' -_.._- ..._,... -. .... -'..
.~ ..._.........~......-'......... .. . . - '..... .-. ,...., 't'
o. TmS AMENDMENT NO.1 TO AGREEMENT (this "Amendment") is made
and entered into as ofthe~ AlD day of 1)..,o.auWl-r 1998, by and among: (1) the CITY OF
MIAMI BEACH, a Florida municipal corporation (the "City"); and (2) DJ LIDO BEACH
HOTEL CORPORATION, a Florida corporation (the "OwIIertl):
Rec:itatj095
A. The Owner and the City entered into that certain Agreement dated June 11,
1998, recorded in Official Records Book 18165, at Page 955, of the Public Records of
Miami-Dade County, Florida (the "Agreement"), which Agreement constitutes a
development agreement among the parties pursuant fo the Florida Local Government
Development Agreement Act. Sections 163.3220 - 163.3243 et. seq. (the "Act") and
Section 9D-l of the City's Code. All capitalized tenus used herein which are not defined
shall have the definitinnq as set forth..uuhe Agreement.
B. The property that is the subject of the Agreement is described in Exhibit ::A n
hereto.
c. The Owner and the City are desirous of amending certain terms of the
Agreement.
"
1212/1214/99
12:43
GREENBERG TRAURIG ~ 93121567371211212
-~.. I OSot't' I PC J\J:11
NO. 921
Gll2l3
~ "
D. Having fully considered this Amendment at two duly conducted public
hearings in compliance with Section 163.3225 of the Act, the City has approved and
authorized this Amendment.
NOW, TI!EREFORE. in consideration of the foregoing, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged. the
parties hereby agree as follows:
I". Recitarion~. The foregoing recitations are true and correct and are
incorporated herein by this reference.
2. Amendments. Subsection 3.18 (b) of the Agreement is hereby deleted and
"..... the.ioilowing is iRsened ~R-Iieu thereof: - -, - ,-,.- - : .,...-:--- - "7.
(b) The building height shall be no more than 131 feet
to the top of the roof and I S5 feet to the highest
architectural projection as measured above "grade" as said
term is defined in the City's zoning ordinance (Ordinance
No. 89-2665).
3. Compliance. The provisions of the Agreement dealing with the Di Lido
Property, as modified by this Amendment, are consistent with the Comprehensive Plan
(subject to all applicable Development Approvals) in effect on the execution date of the
Agreement and the land development regulations of the City (subject to all applicable
Development Approvals) in effect on the execution date of the Agreement.
4. Effectiveness: Recordini: Furthel" Amendmentg. COUQtet:Part~. This
Amendment shall become effective upon execution by all parties hereto. Promptly after
the full execution hereof, Owner shall record this Amendment with the Clerk of the
Circuit Court Miami-Dade County, Florida. Except as amended hereby. all other terms
and conditions contained in the Agreement remain unchanged and in full force and effect.
This Amendment may be executed in several counterparts, ~ac~,p[~~ch shall be deemed
an original, but atli constitUting only one AIiiendnient. '. , -, .,". ,.
EXECUTED as of the date first above written.
Signed, sealed and delivered
in the presence of:
~ ...-. 2:.~~
~'=
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
CITY OF MIAMI BEACH.
::,IOrida m1/l!corporation
Name: Neisen "K3sdin. Mayar
Attest:
a-
Robert Parcher, City Clerke
1II4dijf/ ·
nhdlqy
02/04/99
12:43
GREENBERG TRAURIG ~ 93056737002
NO. 921
[;)04
r .
i~t /8441 PC 3592
'.
Dr LIDO BEACH HOTEL
CORPO ON, a Florida corporation
STATE OF FLORIDA )
) 55:
COUNTY OF MIAMI-DADE )
-' The foregoing instrument was acknowledged before' me. this'~.fIii.~~"~f'+";~'.~"I. ',,' ,.lIt"
f'1....~ ' l~by Bruce E. Lazar, as Vice President of Di Lido Beach Hotel
~olpOratia a Florida Corporation, on behalf of the corporation. He is personally known
to me or has produced as identification and who did (did not)
take an oath.
Typed or Printed Nam
My Commission expires:
Serial No.t if any:
STATE OF FLORIDA )
)58:
COUNTY OF MIAMI-DADE )
, e foregoing instrument was acknowledged before me this 1,/ tIJ day of
19~ft,y Nf? ig.v IJ. /U;(rJ,,J . as Mayoro~the '''''_'';..,_. _
CitY ofMi . Beach, a municipaI cOrPonitiori~ cn beliarfofthe COrPoration~ He IS
personally known to me 9r l."li piiilhud - as identification and
who did (did not) take an oath. ~ A.' n _ ~ .I
_J.l1IL.lJ ~l~4~
N TARYPUB~
all, GI"/ r~eQU~G4fJ
Typed or Printed Name ofNowy
My Commission expires:
Serial No., if any:
lo4LUiIIlJiEL~]cWI3j"fl,DCICIIIID9I9UI9.TI.OIO'leO
arARYSEAL
ULLlAN BEAUCHAMP
Nar'ARYPUaUC SlATE OF R.oltIDA
COMMlSSION NO. CC138m
MY COMNlSSrON EXP. APR.~.2OO'l
Uncdn Road
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South Beach Area of the
Miami Beach Enterprise Zone
Exhibit A-1
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15th Street ~
15th Street
Espaiiolail\ay
14tl1 Street
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14th Street
13th Street
13th Street
1 an Street
t
121hStreet
11th Street
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Dcurrent Enterprise Zone
~Area to be added
=Area to be removed