HomeMy WebLinkAboutDiLido Beach Hotel Development Agreement First AmendmentThis instrument was prepared by (record and return to):
Name: Juan P. Loumiet, Esq.
Address: 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 A040day of 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 913-1 of the City's Code. All capitalized terms used herein which are not defined
shall have the definitions as set forth in the Agreement.
hereto.
B. The property that is the subject of the Agreement is described in Exhibit "A"
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 131 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:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY OF MIAMI BEACH,
a Florida municip 1 orporation
By:
Name: Neisen Kasdin, Mayor
Attest:�4�Robert Parcher, City Clerk
AJA�-
—Cify Alto ey �r
DI LIDOACH HOTEL
CORPOBATION, a Florida corporation
By:
Name 1 e
Title: j
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this Al day of
199j? by Bruce E. Lazar, as Vice President of Di Lido Beach Hotel
VCorporatidK, a Florida corporation, on behalf of the corporation.
to me or has produced
take an oath.
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE )
He is personally known
as identification and who did (did not)
NOTARY PUBLIC
MAR7A M. RIVERO
�., MY COMMISSION' E 788886
M:h OwdedlThru Not" Pubk U • 2iIdtlM1ltera
Typed or Printed Name of Notary
My Commission expires:
Serial No., if any:
The foregoing instrument was acknowledged before me this / IV -)day of
199,9AY acl&-'U ka_Sdf *lj , as Mayor of the
` rty of MiamM3each, a municipal corporation, on behalf of the Corporation. He is
personally known to me wAaspo@d%vewd as identification and
who did (did not) take an oath.
OFFICIAi. NOTARY SEAL
LILLIAN BEAi_ICI IAINII,
NOTARY YUB1,1C STATE OF YLORI1�A'
COMMISSION NO. CC73&37r
MY COi%4'wSSION IiXI'
MIAMUHERNANDEZI/984364/13j g05! . DOC/ 11 /09/98/ 19878.010700
I
N/ ARY PUBLLI /
h��I�QI�I r
Typed or Printed Name of Notary
My Commission expires:
Serial No., if any:
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 corner of the South Half (S1/2) 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 (S1/2) 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 of 278.878 to the Point of Beginning (P.O.B.).
To Be Described as follows:
Unit No. , and No. , of , a
Condominium, filed in Official Records Book at Page , of the
Public Records of MIAMI-DADE County, Florida.
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3.13 "Initial Clos w- shall have the definition set forth in Section 11
of this Agreement.
3.14 "Linc ess �=" 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 form attached
hereto as Exhibit'T'.
3.15 nrovemenr�" 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 11 e " 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 particularly described in Exhibit "B" hereto.
3.17 " shall mean the portion of Lincoln Road
lying East of the Eastern right-of-way line of Collins Avenue.
3.18 ".wed Develo ent" shall mean the reconstruction and
redevelopment of the Di 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 permitted 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 determining population
densities and building intensities as required by the Act.
(b) 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" as said term is defined in the City's zoning
ordinance (Ordinance No. 89-2665, as amended).
(c) The uses permitted in the Planned bevelopment shall be a
hotel consisting of up to 400 "keys" (as such term is generally used in the
hotel industry) with appurtenant facilities, including, without limitation
faciliti(
es for conventions, banquets and other functions; (ii) spa; () ui
beachfront recreational facilities; (iv) restaurants; (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 GREENEERG TRAURIG 93056737002
ace 18441 PC 3590
This insfrumeetVMS 0*eDn-d by (Meeed aAd MUM W:
WOW Juan P. LournLm, Esq.
Addrasa: Greenberg Traurig Hoffman
Lips$ Rcsen 3 Quentel. P.A.
1221 SACkeQ Avenue
Maori, Florida 33131
M5) 5734500
NO.921 P02
79R031956 1999 JAN 19 14145
1 1 13 w� •- UI a
(space resanred for MeM
AMENDMENT NO. 1 TO AGREEMENT (this "Amendaieat'l is made
and entered into as of the a140 day of IMUMS, 1998, by and among: (1) the CITY OF
M3AMI BEACH, a Florida municipal corporation (the "City"); and (2) DI LIDO BEACH
HOTEL CORPORATION, a Florida corporation (the "Owner"):
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 definitions as sct for Limthe Agreement.. ... _.
hereto.
B. The property that is the subject of the Agreement is described in Exhibit "A"
C. the Owner and the City are desirous of ameriding certain terns of the
Agreement.
L12/4�4/yy 1�:4.5
UKLLNbEKU IKHUR16 4 93056737002 N0.921 D02
OFF �� Z
REC 18441 PG 3590
This instrument was pnepamd by (record and retum to):
Name: Juan P. Lour*M, Esq.
Address: Greenberg Trourig Hoffman
Upeff Roam & Quentel, P.A.
1221 13fte0 Avenue
Miami, Florida 33131
(305) 573M00
"R031956 M? JEAN 19 14145
(Space resarved for Clerk)
THIS AMENDMENT N0.1 TO AGREEMENT (this "Amendment'] is made
and entered into as of theoA" day of 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"):
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'l, which Agreement constitutes a
development agreement among the patties pursuant to the Florida Local Government
Development Agreement Act, Sections 163.3220 - 163.3243 et. seq. (the "Act") and
Section 9D-I of the City's Code. All capitalized terms used herein which are not defined
shall have the definitining as scr fordLimthe Agreement. ... _. ...- --
hereto.
B. The property that is the subject of the Agreement is described in Exhibit "A"
C. The Owner and the City are desirous of amending certain terms of the
Agreement.
0
02/04/99 12:43 GREENEERG TRAURIG 4 93056737002 N0.921 D03
0't't 1 PC JJU l
r_
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:
II Recite. 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 131 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. Qom. 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. Effe_ cti._ven�sss: Recording: Further amendments- Coun=artS. 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 a11i: constituting only one Amendment.
EXECUTED as of the date first above written.
Signed, sealed and delivered CITY OF MAMI BEACH,
in the presence of a Florida manic' corporation
. � d� - By
Name: Neiaen Nas Un, Mayor
AWPR VED AS TO Attest:t�Al
FORM & LANGUAGE Robert Parches, City Clerk
$ FOR EXECUTION
6zl,�rzid/, /) //r1 /-9v
02/04/99 12:43 GREENBERG TRAURIG 4 93056737002 N0.921 D04
REC 18441 PC 3592
DI LIDO BEACH HOTEL
CORPOWON, a Florida corporation
Title:
STATE OF FLORIDA )
COUNTY OF MIAMI_DADE j SS:
S.
The foregoing instrument was acknowledged before me this At
191by Bruce E. Lazar, as Vice Presidenti Lido Beach Hotel
p of a
;otr"atiao2la Florida corporation, on behalf of the corporation. He s personally known
to me or has produced as identification and who did (did nor)
take an oath.
ARY PUBLIC Z. WRA
MYONISMOCC70M - . EXPIRES: Oiowe�r S, 2002
Typed or Printed Nam o
My Commission expires:
Serial No., if any:
STATE OF FLORIDA )
. )SS:
COUNTY OF MIAIVII_DADE )
Ae foregoing instrument was acknowledged before me this day of
199�,�y as Mayor of the
_....._.. _
ofMi ' Beach, a municipal corporation, on behalf of the Corporation. He is
Personally known to me or,sbs- as identification and
who did (did not) take an oath.
N TARY PUBLIC
*+warrt��w►xu�t�r.�wnsael1.Doui iro��rena.oia�ao
Typed or Printed Name of Notary
My Commission expires. -
Serial No., if any:
CIAL CY AKYSEAL
LILLWN BEAUCHAMP
NOTARY PUBLIC STATE OF FLORIDA
COMMBSION NO. CCT3t M
MY COMMISSION EXP. APR. ZQ2=3
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