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R9M-Discussion Item - CIBO Settlement - Continuum Development Agreement - Updater --. --. .o I/-,.I, r915 . 20r5 OFFICE OF THE CIry ATTORNEY TO: COMMISSION MEMORANDUM Mayor Philip Levine and Members of the City Commission Jimmy Morales, City Manager Rafael Granado, City Clerk FROM: Raul Aguila, City nttorneZ* I Crr( DATE: March 11,2015 SUBJECT: Discussion ltem - CIBO Settlement - Continuuni Development Agreement - Update Background: ln 1999 South Beach Ocean Parcel, Ltd, ("Developer") of the Continuum Condominiums and associated commercial frontage located aL200 South Pointe Drive, executed an Amended and Restated Ocean Parcel Development Agreement (the "Development Agreement"), dated March 5, 1999, with the City of Miami Beach. This Development Agreement was drafted in order to resolve an underlying lawsuit relating to Developer's claims of a Bert J. Harris taking by the City, due to the City's rezoning of the South Pointe area. As a result, the Developer could proceed with constructing the Continuum Condominiums and the commercial components to the site while utilizing the 1984 Zoning Code. As you are aware, due to residential concerns, the City, in 2009, enacted Ordinance No. 2009-3649, which limits outdoor seating to 40 persons, and restricts the hours of outside operation of such facilities until 8:00 p.m. Based on the underlying site plan and building permits, it is clear Developer is seeking to lease a commercial unit subject to the Development Project to CIBO Restaurant. The tenant originally proposed to operate the Restaurant, at 200 South Pointe Drive, with a 176-seat outdoor rooftop caf6 at that location, until 5:00 a.m. The operation would be inconsistent with Ordinance 2009-3649. Agenda ltem RIM Date .3.LiE-711 Discussion ltem: CIBO Settlement - Update Date: March 11,2015 Page: 2 of 3 The City Attorney discussed the concern over compliance with the City Code and the Development Agreement with the City Commission during the regularly scheduled June 2014 City Commission meeting. The City Commission directed for the City Attorney to proceed with enforcement of the City's Code and the provisions of the Development Agreement. During the City Commission discussion, it has been the City's position that the Developer is to ensure that its tenant CIBO, which seeks to operate the Restaurant's outdoor caf6 until 5:00 a.m., complies with Ordinance No. 2009-3649. lt is the City's position that the 1984 Code itself limits the sale of alcoholic beverages at outdoor cafes to beer and wine, and to operate such a caf6, the applicant must apply for a Conditional Use Permit under Sections 7 and 29 of the Development Agreement. As a result, on July 1, 2014, the City issued a "Notice of Conflict with City and State Law pursuant to Section 8 of the Development Agreement (the "Notice of Conflict") to Developer and CIBO, the Developer's tenant and operator of CIBO Restaurant (the "Restaurant"). The City provided Developer and CIBO with notice pursuant to Section 8 of the Development Agreement, of a change in the law which may produce a conflict between the Development Agreement and City Ordinances, as governed by Section 163.3233 Florida Statutes. Although the Development Agreement provides that the City's 1984Zoning Code (the "1984 Code") should applyto the development, Section 8 of the Development Agreement, in conjunction with Florida Statutes S 163.3233, delineates the criteria for applying changes in the law to development agreements. Over the next few months the City convened several meetings to negotiate in good faith to reasonably attempt to modify the Development Agreement to address compliance with the change in law. Often six of the adjoining condominium associations were involved in the negotiations, and include: Continuum on South Beach Master Association, lnc.; Continuum South Beach The North Tower Association, lnc.; Continuum on South Beach Condominium, The South Tower Association, lnc.; South Pointe Towers I Condominium Association lnc.; Portofino Towers Condominium Association, lnc.; and South Pointe Portofino Tower Master Association, lnc. ("Six Associations"). Months of negotiations culminated in a Letter Proposal for Settlement, attached hereto as Exhibit A, that requires the Parties (CIBO and the City) to execute a formal settlement agreement, and which this document is the memorialization of all the terms and conditions of the Parties. The Developer has refused to negotiate with the City or the neighbors. lt is the Developer's position that the Development Agreement controls and that he has no obligation to comply with the City's Ordinance No. 2009-3649. Mr. Nick Di Donato, the principal of CIBO, has consistently met with the City and has been willing to compromise. However, Mr. Di Donato has declined to execute the 712 Discussion ltem. CIBO Settlement - Update Date: March 11,2015 Page: 3 of 3 final settlement, as he objects to one condition - although that condition was previously contained in the proposal for settlement. A copy of the proposed settlement agreement is enclosed as Exhibit B. The specific provision that he objects to provides as follows: During the early stage of construction of the building containing the Restaurant, the South Pointe/Portofino Association's long white fence, which divides the Continuum Parcel from Portofino and South Pointe Towers, was damaged and left in a non-vertical position by the Restaurant project's General Contractor. See attached Exhibit "C". CIBO agrees to provide a proper repair of the damaged fence at its expense. The fence shall be repaired within g0 days of execution of this S&R Agreement. Mr. Di Donato alleges to have completed an investigation and believes his contractors did not damage the fence separating the neighbor's property. The City was under the understanding that the Landlord, although not a signatory to the Agreement, would repair the fence, and Mr. Di Donato would execute the proposal for settlement under that understanding (he would go to the Landlord to pay for the repair). Mr. Di Donato is willing to modify the provisions of the settlement agreement to indicate a willingness to work with the neighbors in having the Landlord fix the fence but he will not undertake the repair. Please note: that the neighboring properties are currently in litigation with the Continuum Developer (Landlord) over the fence issue. Discussion ltem: At this point the City Attorney is seeking direction from the City Commission. The parties are at an impasse as to the execution of the settlement agreement, which agreement is consistent with the July 2014 discussion of the City Commission. 713 EXHIBIT A 714 'r--.-3.@ I.IIIIN"_ t915 - 2015 MIAMIBEACH Ci1,1r of llliomi Beochr I 700 Convenlion Cenler Drive, Miomi Beoch, Florido 331 39. wrrr,v,miomibeochll,gov December 1,2014 l/ia Cerlified Mail, Return Receipt Requested Revised and xtpd(ited proposal foi settletnent letter Nick Di Donato Mike Merola CIBO Wine Bar h,Iiami, LLC General Counsel 200 South Pointe Drive The Continuum Company tr,Iiami Beach, FL 33 i39 30 \\/est 2i Street, 1 lt Floor NYC,NY iOOIO CIBO Wine Bar lvliami, LLC Bruce Eichner 997 Nort.h Greenlvay Drive Continuum Company, LLC Coral Gables, FL 33134 667 I\,{adison Avenue 14s Floor trIoraitis, George RJR., Esquire NYC, lrry 10021 Registered Agent 915 Middle River Drive, Suite 506 Ft. Lauderdale, FL 33304 Joseph L. Rebak Alierman LLP 1 SE 3'd Avenue, Suite 2500 Miami, Florida 33i3i Nathan Hong Continuum Compan1., LLC One Sout} Pointe Drive tr4iami Beach. Florida 33139 Yia: E-ntail to Niek Di Donato: nicl(Q.libertusroup.com E ma i { t o Ja.r ep h Reb ak: .i o s eph. f_e b a k@ a ke r nt a n. co m Re: CIBO R.estawant: 100-200 SouthPointeDriveProposal For SettlementRelating to Prior Issued Notice of Conflict with City and State Larv pursuant to Section 8 of the Amended and Restated Ocean Parcel Deveiopment Agreement, dated i\Iarch 5. 1999 715 Revised Lelter to Nick Di Donato Cibo lYine Ba.r Marui, LLC Revtsed P roposal for Settlement December l, 2014 Page 2 of 4 Dear Gentlemen: This revised letter is sent to you as the managing partner of Cibo Wine Bar Nliami, LLC, ("CIBO") as a possible resolution of the City's prior issued No+;ice of Conflict rvith City and State Larv referenced above. As you may be ar,1,are, last week I advised the lvlayor and City Con mission on the statrs of proposeci settlemeut discussions in the above referenced matter. Based upon the foregoing, the lVlayor and Cit1, Commissi.on have provided our office u,ith policy directives and u'e are ar"rthorized to present the follou,ing proposal for settlement to you. To better assist you rt ith understaading the Citv's settlement offer, enolosed please find a copl, of theNovember?d',2014 letter issued by the six neighboring condominium association presidents (hereinafter the "Associations') +,o the CilJ, relating to this matter (h.ereinafter "Associations Letter"), attached hereto as Exhibit 1. I have been notified that the Associations would agree to CIBO's proposed hours of operations (11:00 p.m. N,londay -Thursday for last seating, 30 additionalminutes for cessation of operations; and 12:00 a.m. Friday- Sunday for iast seating. 30 additional minutes for cessation of operations); provided, however, certai-n conditions are met. Th.e hours of operation q,oul4 appiv to all outdoor dining areas. rvhether on the rooftop or first floor. There r.vould be no use of the door dinins areas after 11:00 p.m. N,Ionda)'-Thursdar,. and midnisht. Fridar, - Sundar,. Upon acceptance ofthose conditions, the Associations u,ould also agree to your request for eight (8) speciai events, per year, three (3) of whioh may be held during the month of December. Based upon the foregoing, the Ci[, proposes a settlement, based upon the above referenced hours of operation; provided, hou,ever, the follorving terms and conditions are inciuded in the settlement: CIBO agrees to the "penalties for non-compliance ofrooftop operating hours," as delineated in the attached Associations Letter. The ofl'ense schedule x'ould be basei upon a revolving hvo (2) year "offense" period. In other words, the first offense ri,ouid trigger the begiruring of the tu,o year period. CIBO agrees to comply'"vitl-r ths "Valet Location," "Valet. Plan" and "TrafFrc PLan," as contemplated in ths Associations Letler. The City Adminisrration r.vill assist CiB O in resolving the remaining \/alet and Traffic Plan related issues, and u,ould u,ork on ensuring the change in location of the valetramp and bagging of the applicable meters. The City rvould be responsible for restoring the alieged "illegal" curb cut identified in the Associations Letter. 3. CIBO agrees to comply'*ith the "Deliveries". "Fence" and "Signage" sections of the Associations Letter. It is m1, understanding that y6u, sigrage planis cun'ently' being reviewed by the Planning Department. The City shall lvork r.vith CIBO on ensuring compliance r.viththis provision, and the City shall have final regulatory We oo camrllled b prcviding et<celbal public selice ond so[ety lo all who liw, vro*. ond ploy ln our vibon!,lapicol, hlgotic anmunily. 1. 2 716 Re:tised Letter to Nick Di Donato Cibo lYine Bar Miami, LLC Revisecl Proposal for Settlenrcnt Decentber I, 2014 Pctge j af 4 control over soiid r.vaste operations. CIBO agrees to remove the single bench closest to the sireet from the pians that are described in the Section entitled '?lanter Locations" of the Associations Letter. The Citl. will install a rail to replace the benches. CIBO, prior to obtaining a Certificate of Occupancy, shall properly screen the rooftop A./C units, as delineated in the section entitled "Rooftop A"/C Units" of the Associations Letter. Screening of the A/C unit is a requirement of the Cig,'s Code. 6. Ciosure of the first floor outdoor dining shall require the same hours of operation as for the rooftop outdoor restaurant/bar use. Any outdoor seating on first floor shall be brought into the establishment at closing of the interior of the restaurant, every evening. Should any person congregate (due to valel smoking of a cigarette, etc.) along the first floor outdoor dining are4 r.r,ithout the service of any food or drinks ftom the restaurant, after the agreed upon houls ofoperation ofthe outdoor areas, then any possible violations of noise ordinance emanating from this first floor outdoor area will not count to the si-x listed violations in Paragraph 2, above. Any rriolations of the noise ordinance would. be treated as a regular noise complaints and not part of the sl',c possible 'violations identified in Paragraph 2. if there is a violation of the hours of operation as to the sen ice of food or drink at the first floor outdoor dining area, then that violation u,ould count towards the six violations idenffied in Paragraph 2. Acceptance of the above tenas and conditions, b), December 2,2014, on behalf of the Olvner and assigns of the CIBO Wine Bar Miami, LLC, and final execution of a formal settlement agreement and general release with CIBO Wine Bar \4iami, LLC, thereafter, r.vould resolve all issues and setfle all claims raised in the City's July 1, 2014, Notice of Conflict pursuant to Section I of the underiying "Amended and Restated Oceau Parcel Development Agreement, dated March 5, 1999." Acceptance of the above terms and conditions by CIBO would ensure that the rooftop use u,ould receive a temporary certificate of occupancy (TCO), or certificate of occupanc), (CO), as ma1, be applicable, for the rooftop use. The TCO or CO for the rooftop ryould be revoked, if after executing this letter, the parties do not execute a formal, final settlement agreement, arrd general reiease, within 15 calendar days of this date. Theparlies specificalll, understand that they cio not n,aive any rights under the underll,ing development agreement or under and count1,, ciq', or state [au,. If you accept the terrns and conCitions of this letter on behalf of Cibo Wine Bar lvliami, LLC, 1 ask that you sign beiorv, r.vhere indicated. Otherr,vise, the Ciqv u,il[ have no choice but to proceed with filing a declarutory reiief action in State Court. We are comnillad n providtng excellent public xrvice ond nlety nc o{l wlw live, v.ork. aad pby in our vibront, lrclpkol, hislodc rciln ani!. 4. 5. 717 .l ,".-" *Revised Letter to Nick Di Danato Cibo Wine Bar Nfiatni, LLC Revised Proposal for Settlement December 1,2014 Page 4 of 4 Thankyou. City Attorney Bv: Ni6k DiDonato ar M6oug"r of CIBO Wine Bar }vfiami, LLC Copies rria e-mail: Ma1,or and City Commissioners Jimmy Morales, CitY Manager Joe Jimenez, Assistant City Manager Tom Mooney, Planning Director Eve Boutsis, Deput-v CitY AttorneY Rick Ovelman, Outside Counsel Rosa Dela Camara continrrum on south Beach L{aster Association, Ioc., Presiderrt Continuum on South Beach Condominium, The North Tori'er Association, Inc", President Continuum on South Beach Condominium, The South Tower Associatio4 Inc. President South Pointe Towers i Condominium Association,lnc., Presidelt Portofino Torvers Condominium Ass o ci ation, Inc -, Pres ident South Pointe Portofino Tower lr4aster Association, Inc., President. We ore commiyed to providing excellenl publtc se1ica and sofery b oll who live, v,ork, ond phy tn our vtbronl, ,oPiral, hfdofu conrounilY, 718 LETTER TROM TTIT SOUTH OF }'IFTH COh,I]VTLINITY TO TIIE IWAYOR A}ID COIVIL,IISSION RE CIBO OPEI?*A.TIONS Ivlayor Philip Levine Ivliami Beach City Hail, 4th Floor i?00 Convention Center Drive lvliami Beach, Florida 33139 Dear Mayor Levine, November 7,'t914 We wanted to get back to you and the City Attorney as soon as we had developed a conrmunity consensus regarding the CIBC Restauraat operating hours and other related isstres. As we previously advised, the Presidents of the six immediateiy adjacent South of Fifth Condominium Associations (Continuum lvlaster Association, Conlinuium South Tolver Association, Continunrn North Tower Association, South Pointe Condominium Association and Portofino Tolver Association, and South Fointe Portofi.no Master Assooiation) met ti,vo rveeks ago among themselves and also u,ith lvIr. Di Donato to discuss CiBO's hours of operation and other outstanding operational concems. The Presidents met again on Novernber 4, 2074, to allor.v the South Pointe and Portofino Associations - lvho had never been conlacted by lvfr. Di Donato - io consult th.eir Boards and their residents on the major outstanding issues. The leadership of the six (6) neighboringAssociation wished to develop a consensus so that so lve can provide you and the City leadership a uniform, consistent neighborhood position on the CIBO operations. \Ye feel substantial progress has been made. Pl.ease revi.ew the attachecl document entitled "Joint Response Document" ivhich sets foch in great detail the positions of the six (6) referenced'associations. As you oan see, the Presidents of these neighboring associations have signed off on the dooumeni shou,ing not oniy their unified position, but aiso their good faith atten:pt to reach a resolution i,vith the CIBO operator. \\re r,vill norv be presenting this proposal to our Boards ancl residents for approval. i Thank you for your lead.ership and continu.f ,lrpport of the need to protect our residents quairty of life, ra,hile accom:rrodating fhis nerv restaurant operation. I 719 JOINT RESPOI{SE DOCIIIyIENT TO CITY FROI\I CONTNLI-ffi\{ IVIASTER, COi'{TINUUVI S OUTH, CONTIYUUI\{ NORTfl PORTOX',TNO, SOUTH POnlrE TOWERS, AND SOUTHPOIT\TTE/}ORre)FINOJ\,IASTERASS..O_CIATIONS The signatories herein represent the six South of Fifth Condorninium Associations u,hich are adjacent to the CIBO Restaurant - Continuum Master Association, Continuum Souft Tou,er Association, Continur"rm North Tor,ver Association, Soutl: Pointe Condominium Association, Portofino Toy,,er Association and South Poi ntelPortofino Master ("Ass ociations"). The Associations are responsible for tire care, operation, maintenance, repair, replacement, administration and protection of their respective condominiums. Th.e Boards of Dkectors of the Associations are responsible for carrying out the day- to-day affairs of the Associations and, as fiduciaries oftheir constituent Unit Ownerc, are charged r.vith ensuring the weli'being and stability of their communities. BACKGROIIT\D: The Associations of the surround"ing communities within the immediate radius of the CIBO restaurant comprise over 1500 tax pal.ing families of ivliami Beach. lVe have expressed to the city over the last several years otlr concems over a 400* seat commercial operation in a high-density residentiai communiry with zero onsite parking for f,reir cLientele- 1Ve have been shocked by - and have vehemently opposed the position of the Developer - who believes that any leasehoid of the property has the legal rights to operate the commercial rooftop till 5am oontrary to ourent zoning - rvhich requires a Spm closing time - or the applicabie provisions of the original Development Agreement - lvhich incorporated the 1984 zoning code and required a Commission issued Conditionai Use Permit (after pubiic hearing) . The city for its part has been an open padner in our dialogue to find a corrunon resolution to the community concems. To this effort we have made strides in moving from a strictly adversarial position between the community and CIBO to one where a compromise agreement has the potential to be reached. To that end the Presidents of the six (6) directiy affbcted communities have met to discuss our common concerns so th-ai lve can provide the City a consolidated position on the issues at hand that need resolution betrveen the Ciqr, the neighboring Associations and CIBO. 121 720 RQ qTTOP qOUBS Or OPEFATTOi\ The Presidents met on November 4,20L4 and agreed to a single posilion of rooftop hours. As ofthe date of this letier the position agreed upon by alt Associations is: i\{onday-Thursday L0:30pm Friday-Sunday 11:30pm A-lI Associations agree to provide the operator with an additionai 30 minutes for staff closing and cleanup. This limitaiion rvould mean total Iiglrts out and no personnel on the roof after 1 1 pm weekdays and midnight on weekends. We also all agreed that CIBO can have up to 8 special rooflop events total per calendar year with ihe hours based on nonnal operating hours of the rooftop, limited to one event per month except the month of December, lvhen a maximurn of three would be allorved. pShTALTrE S F OR IYON-_C OiUPLrANqlC. pF RO OFTOP OPERATtr\G IIOURS ANY BREACH OF TT{E ROOFTOP HOURS BY CIBO WILL BE PENALIZED AS FOLLOWS: lST DOCLIJT,IEj'rTED OFFE}iSE REPORTED BY ]ViB CODE COJVIPLTANCE TO CIBO - \,VARNIIIG LETTER \ytTH REQUm.B'[4E]IT TO CITRE. 2ND DoCIINaENTED oFFENSE REPORTED BY MB CODE COMPLIANCE To CIBO _ $5OO FINE :rc PCCIN.CENTED OFFEI{SE REPORTED BY ]VIB CODE COMPLIANCE TO CIBO _ $1OOO FFIE 4TH DOCuMENTED OFFE}ISE REPoRTED BY MB CODE CO]vIPLIA-NCE TO CIBO. LOSS OF ONE SPECIAL EVENT In DECEMBER sM nOCUivgivTED oFFENSE REPORTED BY MB CoDE CoMPLIANCE TO CIBO I\4ANDATORY CLOSURE OF ROOFTOP FORA 1 \YEEK TIN4E PEzuOD" r?'TL-J 721 em oocULGNTED OFFENSE REpoRTED Btr MB coDE coMpLIANCE To CIBO _ PERIVTANEN,T REVERSION OF T"OOFTOP HOIIRS TO 8PM PER CIIRRENT CITY CODE. YALET Lgg.tTrOI{ The developer placed the cu:rent cut out for the CiBO \raiet Station in a location which is not approved per City cod.e and state. The curtent cutout is for 2 cars at a locatioa of approximately i0 ft. from the intersectior: stop sign. The response by the city to resoive this critical issue has been to mark the space closest to the stop with a yellow 'Do Noi Park" wording. A11 six (6) affeoted Associations find the current city response to the improper valet cutout location insufficient. We respecffully request that the "illegally permitted" out-out be restored to its orighal configuration. We further request that no valet stand or bagged parking spaces for valet be placed within 30ft of an I::tersection Stop Sign. See Florida Statute 316.1945 (5). In order to aocomnrodate the heavy vaiet usage CIBO will require, rlre do support the City gratrting up to 5 additional bagged parking spaces parallel to South Pointe Drive to the valet operator to provide additional space for clueuing and to avoid iilegai blockage of South Pointe Drive. VALET PLAN The Associations have not seen a revised Yalet Plan fbr CIBO nor have an update from the city on its status for approval. The valet issues that need resolution before any community agreement can be reached r.vith CIBO are: City verification of the Valet Parking locations and number of reseryed parking spaces held per contract vdth CIBO and its Valet Service Company. City review .with the community presidents of the submitted traftic flow p1an. We haye great concern with U-Tums that may be pianned by Valet at our stop sign intersection to traverse to the parking location reserved for CIBO" $a improperly designed valet plan will create a traffic probiem for the citizens of our community. Given the requirement to have up to 14 valet cirivers on busy days at CIBO, per their own submitted traffi,c pian, y/e request the city t4l 722 roquire a new valet plan that cau adequately and comprehensively address the issues required to avoid congestion or blockage of SouthPointe Drive. TR.A-tr',F''IC PLAN The last status the community has conceming the CiBO Traffic Plan submitted to the ci{y r.vas that the first submitted plan rvas deemed insuffioient by both the City and the community revies, and a new Traffic Plan would be submitted by CIBO to the City. The Associations have not seen a new plan and cannot approye any agreement with CIBO and the Cify untii we have seen, reviewed and coffxr.ented on ihe revised Traffic Plan submission. CIBO is 100 percent refiant upon Valet for its clients' parking needs- The comrnunity cannot allorv a violation to stand that endangers the life and safety of its community residents including the many pedestrians, families and children 'who traflic this area as an entrance into and out of their homes and the adjacent South Pointe Park and Sunrise Plaza Beach Promenade, DEI-I\rERmS Portofino and South Pointe Towers share a concem over the location of CIBO deliveries. The utilization of trucks up Continuum's private access on the Ocean Extension is limited by the length and weight of the trucks. No truck larger than a 5 ton truck (comparable to a FedEx or UPS Van) is ailor.ved up our entrance driveway. The consensus seem.s to be that it ra,ould be best to require deliveries on the bagged parking spaces in front of CIBO paraiiel to South Pointe Drive. We also insist that the operator adhere to the previously agreed to reskictions on the hours and location of all lvaste and recycling remorral, FENCE During the early siage of construction of the CIBO building the long white fence rvhich is owned by the South Pointe/Portofino Association which divides the Continuum Parcel from Portofino and South Pointe Towers was damaged and left in a non-vertical position by the General Confuactor for the CIBO project. The Presidents of the six adjacent associations are united in our position that ure cannot back a City Settlernent Agreement with CIBO that does not include a proper repair of the dalaaged Fence. tstL-l 723 SIGNAGE The community understands that CIBO has rights to operate its commercial operations in a mzu:ner conducive to a for-profit business. \Yith that in mind lve also have a tremendous obligation as a communify to maintain the standards for the several Billion Dollars in residential reai estate investroents of our residents. Accordingiy, the outside signage for CIBO must be small, unobtrusive and elegant to reflect the area in which it operates and consistent rvith the signage restrictions observed by the adjoining business in the Continuum Master Property. PLANTEB-ILOCATTONS The Developer has placed concrete planters and benches on Continuum properf for CIBO (some of them un1awfu11y placed on Conlinuum Master properry) that do not appear on the originaliy approved cilv plans. These exteior benches have become an invitation to night-time vagrants and ioiter and pose a threat to become areas for large exlerior congregation of CIBO customers. 'We need the city to provide us with Lne proper documentation and approvals for changes to the Development Pian for CIBO thai are not apparent in any records we can find. \Ye lequest that the exterior benches be removed. ROOFTOP AJC TNITS The Developer/ClBO has installed large A/C uoits, which are visible from the street Ievel. 'W'e request the City require the installation of a proper enclosure to be placed around the entire area of ihe A/C units rvith a rear access gate. We are arivised that t5l 724 this request is supported by City Code and is also a requirement of rhe original Devel opment Agreement. We thank the Mayor and City Commission of Miami Beach for their contiued vigilence in protecting the quality of life our communify and, in particular, for your expressed support for the concerns our our residents . We present this unified community posifion statement and urge your support. On behalf of our L500 residents, thankyou for your service to our community. SIGNED FOR - A-r\D Ol{ BEHALF Otr'- THE NIEMBERS Ai\D BOARD OF DIRECTORS O}': C ontinuum,on S o uth B each Nlaster Asso ciat i on, Inc.Bv: il;, ffiTit]e: ?fvdrlfltt ptzkt/ A/F ?,tzEzdf Date: t/t/l,H Continpgm osSprilh Beach CondominiugroThe Not'Jr Tower Assooiation, Inc. di:, @#M* lx) 725 S::ir*iy y*n Beach Condominium, The Sorith Torver Association, Inc. il: ftq ' //t'ritie: {AEgAV,uz; DnrtzD // a,lf,ztutt*Date: ,r/, /S-r, South Pointe Towets I Condon:inium Association Inc ili", 'ffifu(ffi^.a,, !.n"L.1 D;;;, ttf -t f zar'{ P ortofi.no Towers Condominium Association, Inc By, Tiile: Date: P tr f -r 11+ irite. Portofino Tor,ver lvlaster Association l-rcSouth By, Title: Date:,, f r l'+ Vice }v{ayor, Mickey Steinberg Commissioner, Michael Grieco Cornmissi oner, Joy Malakoff Commissioner, Jonah Wolfson Comnrissioner, Ed Tobin Cornmissioner, Deede Waithhom Raul Aguila, Esq., City Attorney Jirr,rny Morales, City Manager t8l 726 Discussion ltem: CIBO Settlement - Update Date: March 11,2015 Page: 5 of 5 EXHIBIT B 727 EXHIBIT B 728 SETTLEMENT AND RELEASE AGREEMENT BETWEEN CIBO WINE BAR MIAMI. LLC AND THE CITY OF MIAMI BEACH. FLORIDA This Settlement and Release Agreement (the "S&R Agreement") is made and entered into this _ day of February, 2015,by and between CIBO Wine Bar Miami, LLC, a Florida limited liability company (hereinafter, *CIBO"), and the CITY OF MIAMI BEACH, FLORIDA, a Florida Municipal Corporation (hereinafter, the "City"). CIBO and the City may also be refened to individually as a "Party," and collectively as the "Parties." RECITALS WHEREAS, on July l, 2014, the City issued a "Notice of Conflict with City and State Law pursuant to Section 8 of the Amended and Restated Ocean Parcel Development Agreement, dated March 5, 1999" (hereinafter, the "Notice of Conflict") to South Beach Ocean Parcel, Ltd, (hereinafter "Developer") and CIBO, the Developer's tenant and operator of CIBO Restaurant (the "Restaurant"), located at 200 South Pointe Drive, Miami Beach, Florida; and WHEREAS, the City provided Developer and CIBO with notice pursuant to Section 8 of the Amended and Restated Ocean Parcel Development Agreement (the "Development Agreement"), dated March 5, 1999, of a change in the law which may produce a conflict between the Development Agreement and City Ordinances, as govemed by Section 163.3233 Florida Statutes; and WHEREAS, the City convened several meetings to negotiate in good faith to reasonably attempt to modify the Development Agreement to address compliance with the change in law; and WHEREAS, the City understands, based on the underlying site plan and building permits, that Developer is seeking to lease a commercial unit of the underlying project as identified at Exhibit D to the Agreement; and WHEREAS, the tenant CIBO proposes to operate the Restaurant, at 200 South Pointe Drive, with an 176-seat outdoor rooftop caf6 at that location, until 5:00 a.m.; and WHEREAS, in 2009, the City enacted Ordinance No. 2009-3649, which limits outdoor seating to 40 persons, and restricts the hours of outside operation of such facilities until 8:00 p.m.; and WHEREAS, although the Development Agreement provides that the City's 1984 Zoning Code (the "1984 Code") should apply to the development, Section 8 of the Development 729 Agreement, in conjunction with Florida Statutes $ 163.3233, delineates the criteria for applying changes in the law to development agreements; and WHEREAS, it has been the City's position that the Developer is to ensure that its tenant CIBO, which seeks to operate the Restaurant's outdoor cafe until 5:00 a.m., complies with Ordinance No. 2009-3649; and WHEREAS, it is the City's position that the 1984 Code itself limits the sale of alcoholic beverages at outdoor cafes to beer and wine, and to operate such a cafe, the applicant must apply for a Conditional Use Permit under Sections 7 and29 of the Development Agreement; and WHEREAS, neither Developer nor CIBO have agreed with the position of the City, or applied for (or received) a Conditional Use Permit; and WHEREAS, based upon the foregoing, CIBO entered into a letter proposal for settlement, attached hereto as Exhibit A, that requires the Parties to execute a formal settlement agreement, and which this document is the memorialization of all the terms and conditions of the Parties; and WHEREAS, the Parties desire to settle claims, disputes, past, present, or future regarding the Development Agreement and the issued Notice of Conflict, regardless of responsibility; and WHEREAS, the six (6) neighboring condominium and homeowner's associations voiced their concerns over various matters relating to the Development Agreement and have advised the City and CIBO of certain concems: Continuum on South Beach Master Association, Inc.; Continuum South Beach The North Tower Association, Inc.; Continuum on South Beach Condominium, The South Tower Association, Inc.; South Pointe Towers I Condominium Association Inc.; Portofino Towers Condominium Association, Inc.; and South Pointe Portofino Tower Master Association, Inc. (hereinafter, "Six Associations"); and WHEREAS, the Parties believe it would be in their best interests and the best interests of the citizens of the City to agree to the provisions of this S&R Agreement. NOW THEREFORE, in consideration for the exchange of promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties agree as follows: 1. Recitals: The above Recitals are true and correct and are incorporated herein. 3',l121942.2 730 2. Settlement: The Parties hereby settle and compromise all claims of any kind or nature (including any claims for attomey's fees and costs), relating to, arising out of and/or in connection with the City's July 7,2014 Notice of Conflict, except as set forth herein. 3. Settlement Terms: In consideration for the releases executed herein, the Parties agree as follows: (a) CIBO's proposed hours of operations for outdoor dining shall be until I 1:00 p.m. Sunday through Wednesday with 30 additional minutes (to I 1:30 p.m.) for a cessation of operations; and until 12:00 a.m. Thursday through Saturday with an 30 additional minutes (to 12:30 a.m. Friday through Sunday) for cessation of operations; provided, however, certain conditions are met. The hours of operation shall apply to any outdoor dining areas, whether on the rooftop or first floor. There shall be no use ofthe outdoor dining areas after 11:00 p.m. Sunday through Wednesday, and midnight, Thursday through Saturday. The last 30 minutes shall only be utilized for staffclosing and clean- up. This limitation would mean total lights out and no persons on the roof after l1:30 p.m. weekdays and 12:30 a.m. on weekends. (b) The parties agree pursuant to Section 12-5 ofthe City Code, to eight (8) special events, per year, three (3) of which may be held during the month of December. (c) Closure ofthe first floor outdoor dining area shall be subject to the same hours of operation as for the rooftop outdoor Restaurant. Any outdoor seating on the first floor shall be brought into the Restaurant at closing of the interior of the Restaurant, every evening. Should any person congregate (due to valet, smoking ofa cigarette, etc.) along the first floor outdoor dining area, without the service of any food or drinks from the Restaurant, after the hours of operation of the outdoor areas, as set forth in subsection 3(a) hereof, then any possible violations of noise ordinance emanating from this first floor outdoor area will not count to the six (6) listed violations in Paragraph (c), below. Any violations of the Noise Ordinance, found at Chapter 46, Division 4 of the City's Code, would be treated as a regular noise complaints and not part of the six (6) possible violations identified in Paragraph (d). Ifthere is a violation ofthe hours ofoperation as to the service of food or drink at the first floor outdoor dining area, then that violation would count toward the six (6) violations identified in Paragraph (d). (d) CIBO agrees to the following "Penalties for Non-Compliance of Rooftop Operating Hours." The offense schedule would be based upon a revolving two (2) year "offense" period. In other words, the first offense would trigger the beginning of the two year period. Once two (2) years have run since the first offense, a new two (2) year 3742t942.2 731 offense period would begin, and the initial offense occurring after the new period began would be regarded as a hnal offense. PENALTIES FOR NON-COMPLIANCE OF ROOFTOP OPERATING HOURS Any breach of the roof-top hours of operation by CIBO will be penalized as follows: 1st documented offense reported by the City's Code Enforcement Department- Issuance of a Waming Letter by a Code Inspector, with a requirement to cure the violation. 2nd documented offense reported by the City's Code Enforcement Department - Issuance ofa citation for a $500.00 fine by a Code Inspector, payable within 30 days. 3'd Documented offense reported by the City Code Enforcement of a citation for a $1,000.00 fine, payable within 30 days. 4th Documented offense reported by the City Code Enforcement of citation by a Code Inspector providing for the "loss of one identified under paragraph (a), of the three (3) possible events December, for the applicable year." Department - Issuance Department - Issuance special event, of the 8 proposed for month of 5th Documented offense reported by the City Code Enforcement Department - Issuance of a citation by a Code Inspector providing for "Mandatory Closure of outdoor dining areas for a seven (7) calendar day period". 6th Documented offense reported by the City Code Enforcement Department - Issuance ofa citation by a Code Inspector providing for the "permanent reversion ofrooftop hours from those identified at paragraph (a) to 8:00 p.m., per the current City Code." All citations for documented offenses may be appealed to the Special Master pursuant to the requirements of Chapter 30, City of Miami Beach Code of Ordinances. Any citation that is dismissed or voided by the Special Master shall not be considered a "valid citation" that may be considered towards the foregoing "Penalties for Non-Compliance of Rooftop Operating Hours," and any subsequent citation shall vert to an earlier type documented offense ifthe appeal is sustained. (e) CIBO's Landlord placed the current cut out for the CIBO valet station in a location which must be modified. The existing cut out fronting South Pointe Drive is for two (2) cars at a location of approximately 10 feet from the intersection stop sign. See 732 attached Exhibit "A" Existing Cut Out Fronting South Pointe Drive. The City at its expense, will repair and restore the curb-cut area closest to the stop sign that currently is marked with a yellow "Do Not Park" sign, and attached as Exhibit "B".. The cut-out area will berestored to its original configuration as previously authorized under the Master Permit plan initially submitted by CIBO. The City shall restore the cut-out within two years of execution of this S&R Agreement. CIBO will not request nor will the City gralt a valet stand or bagged parking space area for valet within 30 feet of the intersection stop sign along South Pointe Drive ("preclusion area"). In order to accommodate the heavy valet usage CIBO will be provided by the City up to five (5) additional bagged parking spaces parallel to South Pointe Drive for CIBO's valet operator to provide additional space for queuing and to avoid illegal blockage of South Pointe Drive beyond the identified 30 foot preclusion area. (0 The City shall verify that the Valet Parking locations and number of reserved parking spaces held per contract between CIBO and its valet service company satisfies the City's valet parking requirements. The City will review the valet plan with the community presidents of the Six Associations, along with the submitted traffic flow plan. The City will review the plan to ensure that U-Turns are not utilized by the valet company at the stop sign intersection in front of the Continuum, and to preclude the valet service company from traversing to the valet car storage facility reserved for the Restaurant valet patrons. An improperly designed valet plan will create a traffic problem for the citizens of our community. Given the requirement to have up to 14 valet drivers on busy days at the Restaurant, per CIBO's submitted traffic plan, the Parties understand and agree that the City may require a new valet plan that can adequately and comprehensively address the issues required to avoid congestion or blockage of South Pointe Drive. CIBO shall provide the Valet Parking Plan to the City within 30 days of execution of this S&R Agreement. The City shall have 30 days to review the plans and provide any comments necessary to ensure that the Parking Plan adequately and comprehensively addresses the traffic concerns to the area. (g) CIBO is reliant upon the use of valet services for its clients' parking needs. To ensure the safety of the community and the City's residents, including the many pedestrians, families and children who traffic this area as an entrance into and out of their homes and the adjacent South Pointe Park and Sunrise Plaza Beach Promenade, CIBO will submit to the City a new Traffic Plan to be reviewed by the City to determine if the new plan is sufficient. CIBO shall submit the new Traffic Plan within 60 days of execution of the S&R Agreement. The plan will be shared with the Six Condominium Associations adjacent to the Restaurant. City Administration will assist CIBO in resolving the remaining Valet and Traffic Plan related issues, and timely work on ensuring the change in location of the valet ramp and bagging of the applicable meters. The City will be responsible for restoring the curb cut identified above at subsection (e). f7421942.2 733 (h) CIBO agrees that no truck larger than a five (5) ton truck, comparable to a Federal Express or UPS van, shall be allowed up the entrance driveway across the Continuum's private access on the Ocean Extension area. All CIBO deliveries via any trucks over five (5) tons shall be from the bagged parking spaces in front of CIBO parallel to South Pointe Drive. CIBO shall adhere to the restrictions on the hours and location of all waste and recycling removal, which shall be along the street of South Pointe Drive. The location of all solid waste and recycling removal may be modified by the City Administration, at the City's sole discretion. (D During the early stage of construction of the building containing the Restaurant, the South Pointe/Portofino Association's long white fence, which divides the Continuum Parcel from Portofino and South Pointe Towers, was damaged and left in a non-vertical position by the Restaurant project's General Contractor. See attached Exhibit "C". CIBO lagree{ t9 pigyl{g q ptgp9l tgp?if gt!!-lg _ damaged fence at its expense. The fence shall be repaired within 90 days of execution of this S&R Agreement. 0) CIBO agrees to remove the bench (s) closest to the street from the plans and the City will install a rail to replace it. See attached Exhibit *D". CIBO agrees to remove the uencrr lwittridsg 4evl ql slesyliq4 qf thic Q&B -4ge_eqs+!,_T_ e Qity s_t_,pl-1_!qq!?,1_l lhe rqi!_., within 180 days of execution of this Agreement. (k) The Developer/ClBO has installed large A/C units, which are visible from the street level. CIBO will install a proper and approved enclosure around the entire area of the A/C units with a rear access gate. This requirement is supported by City Code and is also a requirement of the Agreement. CIBO, prior to obtaining a Certificate of Occupancy, shall properly screen the rooftop A/C units. Screening ofthe A/C unit is a requirement of the City's Code pursuant to Ordinance No. 2009-3649. 4. Releases: In further consideration of the execution of this S&R Agreement, the Parties for themselves and their respective parent companies, subsidiaries, divisions, affiliates, unit owners, insurers, officers, directors, agents, employees, subcontractors, representatives, successors and assigns (the "City Releasors" or "CIBO Releasors" as the case may be), hereby execute, subject to the conditions and exclusions set forth in this S&R Agreement, the following Releases: (a) CIBO Releasors' Release of City Releasors: Upon execution of this Settlement, CIBO Releasors hereby remise, release, acquit, satisfy and forever discharge the City Releasors, which throughout this S&R Agreement includes, but is not limited to, its afhliates, Commissioners, insurers, sureties, directors, officers, employees, agents and attorneys, together with its heirs, executors, administrators, associates, representatives, successors and assigns, of and from any and all manner of past, present and future claims, actions, suits, debts, dues, sums 37421942.2 Comment [AlI: Nick, in the letter you already signed you agreed to this provision. I cannot cha4ge it now. lt is my understanding you agreed as the Landlord will actually do the repair. But as landlord is not signatory to this agreement, and as you agreed to this condition, it stays in. Comment [A2]: This was in original letter you executed and cannot be taken out. 734 of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, obligations, damages, judgments, costs, expenses, causes of action, executions, claims, liabilities, and demands whatsoever, in law or in equity, whether for compensatory, punitive, or other damages (collectively referred to in this Paragraph as the "Claims"), which the CIBO Releasors have held or now hold, ever had, now have, or which the CIBO Releasors, hereinafter can, shall or may have against the City Releasors, for any and all Claims, whether known or unknown, arising from, pertaining to and/or in any way relating to the underlying matter, including all building permit actions, zoning actions, administrative determinations, etc. (b) City Releasors' Release of CIBO Releasors: The City Releasors hereby remise, release, acquit, satisfy and forever discharge the CIBO Releasors, which throughout this S&R Agreement includes, but is not limited to, its affiliates, insurers, sureties, directors, offrcers, employees, agents and attorneys, together with its heirs, executors, administrators, associates, representatives, successors and assigns, of and from any and all manner of past, present and future claims, actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, obligations, damages, judgments, costs, expenses, causes of action, executions, claims and liabilities, and demands whatsoever, in law or in equity, whether for compensatory, punitive, or other damages (collectively referred to in this Paragraph as the "Claims"), which the City Releasors have held or now hold, ever had, now have, or which the City Releasors, hereinafter can, shall or may have against the CIBO Releasors, for any and all Claims, whether known or unknown, arising from, pertaining to and/or in any way relating to the hours of operation, and more specifically, the claims raised in the Notice of Conflict. 5. Bindins Effect: Subject to City Commission approval and execution by the Parties, this S&R Agreement shall be binding upon the Parties and their respective successors and assigns. However, execution and notarization by all Parties shall be a condition precedent to the effectiveness of this S&R Agreement as binding against any Party. If the City Commission does not issue the approval, the S&R Agreement shall be null and void and of no force and effect. 6. No Admission of Liabiliw: It is understood and agreed that the claims which are the subject of this S&R Agreement are disputed claims and that the execution of this S&R Agreement by the Parties, and the exclusions set forth in this S&R Agreement, are not intended to, and shall not in any way, constitute or be deemed an express or implied admission or acceptance of any negligence, misconduct, responsibility or liability by the Parties or an admission against interest by the Parties, and that the Parties expressly and specifically deny all such claims. Such consideration is being given to reduce the expense, uncertainties and hazards of litigation and to mitigate damages to each of the Parties. There shall not be any implication 3'7421942.2 735 by any trier of fact or law of any admission or acceptance of liability or admission against interest by the Parties and it shall not be used against the City Releasors or the CIBO Releasors in any attempt to prove any future liability claims. 7 . Attorney's Fees: If any legal action, proceeding, or hearing is brought by the City Releasors, or the CIBO Releasors to resolve a dispute regarding enforcement of the terms of this S&R Agreement, then the prevailing party as between the City Releasors, and the CIBO Releasors shall be entitled to recover reasonable attorney's fees and court costs incurred. The Parties shall bear their own fees and costs relating to the negotiation and execution ofthis S&R Agreement to date. 8. Miscellaneous: The Parties further agree as follows: (a) The Parties acknowledge and agree that this S&R Agreement is fully and adequately supported by consideration and is fair and reasonable. The Parties further acknowledge and agree that: (i) each Party has had the opportunity to consult with, and has in fact consulted with, such professionals, experts and legal counsel of its choice as such Party may have desired with respect to a1l matters settled and resolved hereiry (ii) each Party has participated fully in the negotiation and preparation of this S&R Agreement; (iii) each Party has carefully reviewed this S&R Agreement and is entering into same freely; and (iv) this S&R Agreement is entered into in good faith and was not obtained by fraud, misrepresentation, or deceit. Accordingly, this S&R Agreement shall not be more strictly construed against any Party. (b) The Parties hereto understand and agree that this S&R Agreement will not be binding on the Parties to this S&R Agreement until such time as the City Commission of the City of Miami Beach has approved same, and the S&R Agreement is fully executed by the Parties to tne SAn Agreement. City Commission approval is a material condition precedent to the execution and enforceability of this S&R Agreement, without which the City does not agree to, and is not subject to, the terms and conditions contained herein. (c) Each of the signatories hereto represents that he or she has authority to execute this S&R Agreement and to bind the Party on whose behalf he or she has signed. (d) This S&R Agreement is being consummated in the State of Florida, and the performance by the Parties hereto is in the State of Florida. This S&R Agreement shall be construed and govemed in accordance with the laws of the 3'7421942.2 736 State of Florida and the sole and exclusive venue for any lawsuit relating to this S&R Agreement is Miami-Dade County, Florida. The Parties expressly agree to waive trial by jury in any action to enforce this S&R Agreement. (e) Before resorting to litigation, the parties agree to use commercially reasonable, good faith efforts to resolve disputes without litigation as hereinafter provided. In the event of a dispute which the parties cannot resolve directly between themselves within ten (10) days, the parties agree to submit to non- binding mediation for up to a period of thirty (30) days after either party sends written notice to the other party demanding mediation (but no longer unless the parties mutually agree) to resolve the dispute using an independent, trained mediator agreed to by both parties. Ifthe dispute remains unresolved after such thirty (30) day period or if the parties cannot agree upon a mediator within fifteen (15) days after the demand for mediation, either party may proceed to commence litigation. The parties shall equally split the cost of the mediator. (0 In construing this S&R Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, the use of any gender shall be held to include every other and all genders, and captions and paragraph headings shall be disregarded. (g) Any exhibits attached to this S&R Agreement are incorporated in, and made a part of, this S&R Agreement. (h)Time is of the essence in the performance of this S&R Agreement. 9. Entire Asreement: This S&R Agreement, together with any documents referenced herein, constitutes the full and entire agreement and understanding between the Parties as related to the Project, and there are no agreements, representations or warranties except as specifically set forth herein. This S&R Agreement replaces any prior or contemporaneous written or oral representation or understanding about the terms of this S&R Agreement. All prior discussions, negotiations, letters, demands and writings of any kind are fully merged into this S&R Agreement and are to be construed to be of no further force or effect, it being the intention of the Parties that this S&R Agreement shall serve as the sole and entire expression of their agreement and understanding. This S&R Agreement shall be binding on, and shall inure to the benefit of, the respective successors and assigns, if any, of each Party. 10. Modification: No Waiver: This S&R Agreement may only be modified in writing signed by the Parties. No waiver or modification of the S&R Agreement or of any covenant, condition or limitation contained herein, shall be valid unless in writing and signed by all Parties 37421942.2 737 to the S&R Agreement, or their authorized counsel. If the City or CIBO excuses or condones any breach or default by the other Party of any obligation under this S&R Agreement, this shall not be a waiver of such obligation with respect to any continuing obligation or subsequent breach or default and no such waiver shall be implied. 11. Counterparts: This S&R Agreement may be executed in one or more counterparts, each ofwhich shall be deemed an original, but all ofwhich together represent one instrument binding on the Parties, notwithstanding that all of the Parties are not signatories to the same counterpart. The Parties further agree that this S&R Agreement may be signed and submitted via facsimile or electronic mail. 12. Severabilitv: If any provision of this S&R Agreement is held or rendered illegal or unenforceable, it shall be considered separate and severable from this S&R Agreement and the remaining provisions of this S&R Agreement shall remain in full force and effect and bind the Parties as though the illegal or unenforceable provision had never been included in the S&R Agreement. 13. Captions: References: The captions of this S&R Agreement are for the purpose of convenience ofreference only and in no way define, limit or describe the scope or intent of the S&R Agreement or in any way affect the terms and conditions of this S&R Agreement. All references in the S&R Agreement to the terms "herein," "hereunder," "hereof' and words of similar import shall refer to this S&R Agreement, as distinguished from the Paragraph, Section and/or Subsection within which such term is located. 14. Third Parties: Nothing express or implied in this S&R Agreement is intended or should be construed to confer upon or give any person or entity, other than the City and CIBO, any rights or remedies under, or by reason of, this S&R Agreement. IN WITNESS WHEREOF, the Parties have set their hands and seals on the day and date first written above: lRemainder of page intentionally left blank.) 3',7421942.2 738 CIBO Florida WINE BAR MIAMI, LLC, A limited liability company By: Print Name:Nicola Di Donato, President Print Name: STATE OF FLORIDA COUNTY OF MIAMI.DADE The foregoing instrument was acknowledged before me this _ day of _, 2014,by Nicola Di Donato, President of CIBO Wine Bar Miami, LLC, who is personally known to me or who has produced (type of identification). Name: (Print Name) Notary Public - State of Florida My Commission Expires: 3',7421,942.2 739 THE CITY OF MIAMI BEACH, FLORIDA, a political sub-division of the State ofFlorida By: Print Name:Name: Title: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2014, by of CITY OF MIAMI BEACH, FLORIDA, a political sub-division of the State of Florida, who is personally known to me or who has produced (type of identifi cation). Name: (Print Name) Notary Public - State of Florida My Commission Expires: ATTEST: City Clerk Approved Planning Director Date Approved as to form and language and for execution City Attorney Date Exhibit "A" 37121912.2 Date 740