HomeMy WebLinkAboutDiLido Beach Hotel Development Agreementt: I 8165rr0955
This instrument was prepared by (record and return to):
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Name:Address:Juan
P. Loumiet, Esq.Greenberg
Traurig Hoffman
Lipoff Rosen &
Quentel,
PA 1221 Brickell Avenue
Miami,
Florida 33131 305)
579-
0500
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THIS AGREEMENT is made and entered into as of the 11- 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"):Introduction
and Background A. The property that is the subject of this Agreement lies
in Miami Beach,Miami-Dade County, Florida. This Agreement, among other things, is
intended to and shall constitute a development agreement among the parties pursuant
to the Florida Local Government Development Agreement Act and Section 9D-1 of the
City's Code,B, The Owner owns the Di Lido Property and intends to
redevelop the current hotel located on the Di Lido Property together with portions of the
commercial building also located on the Di
Lido Property into a Ritz-Carlton Hotel substantially in accordance with the provisions
contained in this Agreement.C. The City is desirous of constructing and extending its Beachwalk
through and across the beach portion of the Di Lido Property in order to provide recreational facilities
for its citizens, and desires for the Owner to grant to
City a permanent easement for such 1 ::~; ': ;THIS INSTRUMENT IS A COUNTERPART
ORIGINAL OF THE INSTRUMENT WHICH WAS PREVIOUSLY FILED ON JUNE 16,
1998 UNDER CLERK'S FILE NO. 98R289460 AND WAS INADVERTENTLY
MISSING THE LAST PAGE OF EXHIBIT "
ft: 1816srr0956
easement for shore parallel beach access and other public purposes as part of its Planned
Development.
D. The City, in cooperation with the Owner, also wishes to make substantial
improvements to the Lincoln Road Section and the Di Lido Easement Area and to obtain
from the Owner a permanent pedestrian easement for access by the public from the
Easterly end of the Lincoln Road Section through the Di Lido Property to the beach and
the Owner is willing to grant the Di Lido Easement for public purposes as part of its
Planned Development.
E, The City is willing to consider the vacation and abandonment of the Lincoln
Road Property in favor of Owner, as the owner of the adjoining Di Lido Property, in
exchange for the grant by the Owner to the City of the Lincoln Access Easement, the
Owner's grant of the Di Lido Easement and the Owner's commitment to expend funds to
prepare the Lincoln Road Plans and to construct the Lincoln Road Improvements,
F, The City is a Florida municipal corporation with powers /and authority
conferred under the Florida Constitution, the Municipal Home Rule Powers Act, Florida
Statutes and the Miami Beach City Charter and Code of Ordinances, The City has all
governmental, corporate and proprietary powers to enable it to conduct municipal
government, perform municipal and governmental functions and render municipal
services, including the authority to adopt, implement and enforce (together with any other
required governmental approvals) comprehensive plans, zoning ordinances,
redevelopment plans and other police power and legislative measures necessary to assure
the health, safety and general welfare of the City and its inhabitants,
G, Having fully considered this Agreement at two duly conducted public
hearings in compliance with Section 163,3225 of the Act, having determined
that the Planned Development and this Agreement are in compliance with
the Comprehensive Plan and the City's land development regulations as of the date of the approval
of this Agreement at the second public hearing, and having further determined that it is
in the City's best interest to deal with the issues covered by this Agreement in
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65rr0957 manner, in compliance with all applicable laws, ordinances, plans, rules and
regulations of the City, while allowing the Owner to proceed in the development of the
Planned Development in accordance with existing laws and policies, subject to the terms
hereof,the City has agreed to enter into this Agreement with the
Owner.H, The City has determined that the Planned Development and the Lincoln
Road Improvements will have certain benefits to the City, The Planned Development and
the Lincoln Road Improvements will rehabilitate a key intersection of South Beach.
The Planned Development will preserve the architectural scale and historical facade of
certain existing structures and the Lincoln Road Improvements will renovate and beautify
the presentation of the intersection, The Planned Development is consistent with the City'
s ongoing redevelopment of the area surrounding the Di Lido Property and will
positively influence the character of future development in the City Center-Historic
Convention Village Redevelopment and Revitalization
Area,1. All capitalized terms used in this Introduction and Background are
defined in Section 3 or elsewhere
in this Agreement.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, Authority. This Agreement is entered into
pursuant to the authority and procedures provided by the Act and Section 9D-l of the Code
of
the City of Miami Beach.3, Definitions, All capitalized terms
in this Agreement shall have the definitions set forth in this Section unless such terms are
defined elsewhere
in the body of this Agreement.3,1 "
Ag;" shall mean the Florida Local Government
Development Agreement Act (Section 163,3220, et. seq" Florida Statutes (
1997)),3,
t~: I 8165pr0958
3.3 "Beachwalk" shall mean the City's Beachwalk running
North and South along the beach as depicted on the Beachwalk
Site Plan,3.4 "Beachwalk Easement" shall mean a
perpetual easement for public pedestrian use (and related easements necessary
for the construction and maintenance of the Beachwalk) across the Beachwalk
Easement Area for the continuation of the Beachwalk which easement shall be
in the form attached
hereto as Exhibit "C",3.5 "Beachwalk Easement Area"
shall mean the area described In
Schedule "A" of the Beachwalk Easement.3,6 "Beachwalk Site
Plan" shall mean the Beachwalk Site Plan a conceptual drawing
of which is attached hereto as Exhibit "D".
3,7 "Comprehensive Plan" shall mean the comprehensive plan which the
City has adopted and implemented for the redevelopment and continuing development of the
City pursuant to Chapter 163 Part II,
of the Florida Statutes,3,8 "Development Approvals" shall mean all Development
Permits and all approvals, consents, permits, special use exemptions or variances as well
as other
official actions of the federal, state or county
governments or other governmental agencies,3,9 "Development
Permits" shall mean any building permit, zoning permit, subdivision approval, zoning certification, special exceptions, variances issued
or granted by the City or any other official actions of the City (
whether by the City Commission or any City
board, department or agency) having the effect of permitting the
development of the Planned Development.3,10 "Di Lido Easement" shall mean
a perpetual easement for public pedestrian access from the Easterly end of the Lincoln
Road Section running Easterly through the Di Lido Easement Area to the beach for
the purpose of providing public access to the beach and Atlantic Ocean from
the end
of the Lincoln Road Section which easement shall be in
the form attached hereto as Exhibit "E",
3 ,11 "Di Lido Easement Area" shall mean the area described
In Schedule 44A" to the Di Lido Easement.3,12 "Di Lido Property" shall
mean the parcel of real property described in Exhibit "A" hereto. From and after the Second Closing,
the Di Lido Property shall include all of the Owner's right, title
and interest
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69r0959 3,13 "Initial Closing" shall have the definition set
forth in Section
11,1 of this Agreement.3,14 "Lincoln Access
Easement" 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 "F",3 ,15 "L inco
In 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 "Lincoln 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 particularly described in Exhibit "
B" hereto,3 .17 "Lincoln Road Section" shall mean the portion of
Lincoln Road lying East of the Eastern
right-of-way line of Collins Avenue,3 .18 "Planned Development" 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 DiLidoPropertyshallnotexceed407,491.25 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 topoftheroofand142
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
Development shall be a hotel consisting of up to 400 "
keys" (as such term is generally used in the
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65rr0960 facilities; (vii) administrative office space; and (viii) any other hotel
or resort related uses permitted under the City's zoning
ordinance,d) The existing facades of the hotel located on the Di
Lido Property and adjoining commercial building shall be
substantially preserved in accordance with applicable requirements of the
City,e) The Planned Development shall include on-site parking
for not less than 262 automobiles; provided, however, additional
parking may only be provided in accordance with the provisions of the City'
s zoning ordinance, and shall not effectuate a floor area ratio
which exceeds 2.5.t) Provided that the Owner
obtains all requisite Development Approvals to do so, the Planned Development
shall be constructed in substantial conformity with the proposed
site plan (including elevations)attached hereto as Exhibit "G" (the "
Proposed Site
Plan"); provided,however, that:i) any material deviation (as determined
by the City's planning and zoning director) in any of the
conditions described above in subsections (a) through (e) or in the Proposed Site
Plan shall require the approval of the City commission and a
written amendment to this Agreement, if appropriate, in accordance with the
requirements of the Act;ii) any nonmaterial changes (
as determined by the City's planning and zoning director) which are
required by the Joint Design, Review and Historic Preservation Board
and the Board of Adjustment or any other applicable board or which
are initiated by the Owner shall not require the approval of
the City commission; and iii) any technical changes in the
Proposed Site Plan not governed by subsections (t)(i) or (f)(i) above and which
are (A) required in order for the Planned Development to be in compliance
with any and all applicable laws, codes, rules and regulations
of any governmental or regulatory agencies, including, without
limitation, the South Florida Building Code and the Americans with Disabilities
Act, or (B) otherwise required or necessary, including, without
limitation, any changes in connection with ingress and egress and public works,
shall be delegated to the appropriate government official of the City for
review and approval of
any such technical changes,g) The Owner shall cause the
timely completion of the Planned Development and shall obtain a
certificate of occupancy or certificate of completion, as applicable, therefore no later
than the date that is five (5) years after the effective date hereof (
subject to the Owner's cumulative rights to extend
t~: 18'
65fr096'3,19 "Second Closin~" shall have the meaning set
forth in Section
11,1 of this Agreement.4, Beachwalk Easement. The Beachwalk
Easement shall be granted by the Owner to the City at the Initial Closing and shall be in
the form attached hereto as Exhibit C". Said grant shall not be affected by the
expiration, termination or other treatment of this Agreement and shall be deemed a perpetual easement
in accordance
with the terms of said instrument.5, Di Lido Easement. Subject tothetermsandconditionsofthisAgreement,the Di Lido Easement shall be granted by the OwnertotheCityattheSecondClosingandshallbein
the form attached hereto as Exhibit "E".6, Lincoln Access Easement.
Subject to the terms and conditions of this Agreement, the Lincoln Access Easement shall be granted
by the Owner to the City at the Second Closing and shall be
in the form attached hereto as Exhibit "F",7, Vacation of Lincoln
Road, The Owner has submitted an application to the City for the vacation of theLincolnRoadProperty, The City shall consider and process the Owner's application forvacationoftheLincolnRoadPropertywithinsixty (60) days from the date that acompletedapplicationissubmittedtotheCity (subject to noticing requirementsandschedulingrestrictionsapplicabletotheCity's commission hearings),Provided that the vacation
is granted, then, subject to the effectuation thereof, the Lincoln Road Property shall be included within the
Di Lido Property to form a single site for the Planned Development for
purposes of floor area ratio calculations and the permitted floor area ratio for the Di Lido
Property shall be 2,5, Provided that the vacation is granted, the City
shall deliver to Owner all instruments reasonably required to effectuate the vacation of the
Ljncoln Road Property, including, without limitation, a quit claim and the vacation shall become effective
at the time of the Second Closing, The Owner has heretofore paid a fee to
the City in the amount of $5,000.00 in connection with the application
for vacation of the Lincoln Road Property. The City acknowledges receipt of such fee and
agrees that such fee shall be credited against the amount that Owner is
obligated to expend for the Lincoln Road Improvements as provided in Section
8 of this Agreement.8, Lincoln Road Improvements. In consideration for the grant
of the Di Lido Easement and the
economic contribution described in this Section, the City agrees that
with respect to the Lincoln Road Improvements:a) The Owner shall
direct the construction process and be responsible for entering into all
contracts necessary for the construction of the Lincoln Road Improvements and shall
secure all required permits and approvals for the Lincoln Road Improvements on its
own
fb: 18 I
65n0962 b) The Owner (at its expense) shall cause all
designs,drawings and plans, including any revisions and enhancements thereto (
the Lincoln Road Plans"), which are necessary for the construction of
the Lincoln Road Improvements consistent with the Owner's
financial commitment as described herein (except to the extent that Owner
may elect to increase such financial commitment as provided herein) to
be prepared by an architect selected by the Owner and which is
mutually acceptable to the City (such approval by the City shall not be
unreasonably withheld or delayed), The City shall have the right to the prior review
and approval of the Lincoln Road Plans (which approval shall not
be unreasonably withheld or delayed), The parties acknowledge that the
final design shall reflect the overall design theme of the Lincoln
Road Revitalization Project. The Lincoln Road Plans shall provide for
or contain certain requirements as
follows:i) The existing geometry of the Lincoln Road
Section shall be substantially followed in the design of the Lincoln
Road Improvements, No change in the location of the sidewalks, curbs
and gutters shall be permitted without the consent of the
City;ii) Ingress and egress (driveways) to the
Planned Development, and access through the median strip designed
to accommodate convenient vehicular access to and from the ~driveways
for the Planned Development so long as the existing geometry is
not substantially
altered;iii) Appropriate vehicular turn around at the East end
of the Lincoln Road Section within the existing right-of-
way;iv)
Lighting;v)
Landscaping;vi) Irrigation for
landscaping;vii)
Sidewalk;viii) City-approved street signage; directional
signage,beach access signage and similar signs (
excluding private
signage);ix) Improvements to the Di Lido Easement
Area,including lighting, sidewalks and
landscaping,c) The Owner shall expend no less than $500,
000.00 for the Lincoln Road Plans, the required permits and
tf: 1816
5rr{)963 construction of the Lincoln Road Improvements which sum
shall be reasonably allocated between the Di Lido Easement Area and
the Lincoln Road Section to provide an adequate level of Lincoln
Road Improvements to each; provided, however, that the Owner, at its option,
may expend additional funds to enhance and/or revise the Lincoln Road
Plans (subject to the review and approval of the City which approval shall
not be unreasonably withheld or delayed), Whatever level of
improvements is undertaken by the Owner must be completed at the Owner's
expense, even if at a cost of more than $500,000,
00, Owner acknowledges and agrees that the City shall have no
financial commitment whatsoever with respect to the planning, permitting or
construction of the Lincoln Road Improvements, Upon the completion
of the Lincoln Road Improvements,the Owner will provide the City with
evidence that the Owner has expended not less than $500,
000,
00 in connection with the Lincoln Road Improvements.d) The
Lincoln Road Improvements must be completed by the date of the issuance of
a final certificate of occupancy or certificate of completion,
as applicable, for the Planned Development. Upon the issuance a final
certificate of occupancy or certificate of completion, as applicable, for the
Planned Development, the Owner shall assign to the City any warranties provided
by contractors engaged by the Owner
in the construction of the Lincoln Road Improvements,e) On
or before the commencement of construction of the Lincoln
Road Improvements, the Owner shall obtain an appropriate performance bond
covering the Lincoln Road Improvements in which the City is named as dual
obligee, Said performance bond shall be in the amount of the cost of the
Lincoln
Road Improvements but in no event less than $500,000.00.f)
The City shall have the right (but not the
obligation) to regularly inspect and monitor the design, permitting and construction process
with respect to the Lincoln Road Improvements, In the event that any
aspect of said process is not proceeding in accordance with the Lincoln
Road Plans or if the quality of the construction is materially
deficient, then the City shall promptly notify the Owner in writing
specifying any deviations from the Lincoln Road Plans and/or any
deficiencies in the construction. The Owner shall have a reasonable period of time
in which to cure the noted deficiencies or provide a satisfactory response, If
the Owner does not cure the noted deficiencies or provide a response
reasonably satisfactory to the City, then the City shall have the right to cure
such deficiencies at the Owner's cost. The Owner shall
make no representations or warranties with respect to the Lincoln Road
fb: 18165rr0964
any warranties of any of the contractors and subcontractors engaged by the
Owner in the construction of the Lincoln Road Improvements,
g) Notwithstanding the foregoing provisions in this Section
8 concerning the Owner's responsibility for the Lincoln
Road Improvements, in the event that the City determines, prior to the Owner'
s commencement of the preparation of the Lincoln Road Plans, that it is
in the best interest of the City to accelerate the construction of the
Lincoln Road Improvements and to perform all of Owner's obligations under
this Section 8, then the City and the Owner shall reasonably
cooperate with each other to take all actions.necessary so that the City may
reasonably do so. Any such agreement will require that the
Owner contribute 500,000.00 to the City in lieu of Owner'
s obligations under this
Section 8,9, Zoning and Other Approvals.9.
1 Development Permits, Certain provisions of this Agreement will require that the City
and/or its boards, departments or agencies take certain
governmental actions, acting in their governmental capacity and issue Development
Pennits in order to accomplish and satisfy the following:a) The vacation
of the public right-of-way for the Lincoln Road Property
and the inclusion of 49,531,25 square feet~ of floor
area development rights from the
Lincoln Road Property to the Di Lido Property
as a result thereof;b) The authorization of
the Lincoln Road Improvements;c) The construction of the Planned
Development; and
d) all actions necessary to consummate the Initial Closing and Second Closing,
All Development
Pennits shall be issued subject toandconditionedupontheSecondClosing.9,2 Applications for Development Approvals. PromptlyfollowingtheeffectivedateofthisAgreement, the Owner will
initiate and diligently pursue all Development Approval applications which were not previously initiated,
The City shall process all Development Permit applications in a timely fashion and the City
shall cooperate with the Owner (at no cost to the
City) in processing all necessary Development Approvals from federal, county and
state agencies as needed. All applications for Development Permits shall be made underthepresumptionthatthevacationoftheLincolnRoadPropertyhasbeenapprovedby
tb: t 8 I 65rr096S
Development Permits on that basis. No extension of any time period herein shall
be deemed to be an extension of any time periods contained within the
Development Approvals,
9.3 Laws Governin~ this Agreement. The City's laws
and policies governing the development of the Di Lido Property at the time of the
execution of this Agreement by both the parties hereto shall govern the development of
the Di Lido Property for the duration of this Agreement. The City
may apply subsequently adopted laws and policies to the Planned Development
only as otherwise permitted or required by
the Act.9.4 Comprehensive Plan. Zoning and
Other Approvals. As provided above, the parties recognize and agree that certain
provisions of this Agreement will require the City and/or its boards, departments or
agencies, acting in their governmental capacity, to consider governmental actions, as
set forth in this Agreement. All such considerations and actions
shall be undertaken in accordance with established requirements of state statute
and City ordinances, in the exercise of the City's jurisdiction under the police
power. The parties further recognize and agree that these proceedings shall be
conducted openly, fully, freely and fairly in full accordance with law and with
both procedural and substantive due process to be accorded the applicant and any member
of the public, Nothing contained in this Agreement shall entitle the Owner to compel the
City to take any such actions, save and except the consents, if applicable, to
the filing of such applications for Development Permits or
other required Development Approvals,as more fully set forth herein, and to
timely process such applications,10, Termination of Certain Title Matters, At the
Owner's discretion, the City shall execute any appropriate instruments and take all necessary
action to join with the appropriate parties in terminating
or amending the following matters:a) Agreement dated as
of July 24, 1949 between Harry Sirken,Thomas Corporation, a
Florida corporation and the City, recorded under Clerk's File No, Y-
63658 and in Deed Book 3169, at Page 17 regarding the approval
by the City of a canopy
projecting from the commercial building on the Di Lido
Property;b) Agreement dated as of July 28, 1949 between
Harry Sirken,Thomas Corporation, a Florida corporation and the City, recorded under Clerk'
s File No, Y-63674 and in Deed Book 3169, at
Page 258 regarding a ten foot internal set back in the
Di Lido Property; and c) Orders of Board
of Adjustment of the City recorded in Official Records Book
16315, at Page 5123, Official Records Book 16878,at Page 998, and Official
Records
fb: 18165rHJ966
construct certain improvements on the Di Lido Property, Said
improvements were never constructed.
Owner represents that it is the successor in interest to the parties referenced in
items in (a) and (b) above other than the City. Owner agrees that it shall use its best
efforts to obtain a letter from any existing mortgagees approving the termination of the
above items if the City deems that such approval is necessary,
11.
Deliveries,Effectiveness: Conditions to Initial Closing and Second Closinll:
and 11.1 Within fifteen (15) days of the effective date
of this Agreement, an initial closing (the "Initial Closing") shall be held at
a mutually convenient time and place, at which closing the Owner shall grant the
Beachwalk Easement to the City, Provided that (i) the Initial Closing has taken place, (ii)
the vacation of the Lincoln Road Property has been approved by the City as
provided in Section 7 to be effective at the Second Closing, (iii) the Owner,
the City and any other necessary parties have theretofore executed a
termination of that certain Lincoln Road Street End Agreement dated as of
March 14, 1994 between the City, the Owner and Crescent Heights XXX,
Inc" a Florida corporation, which the Owner and the City are willing to execute, (iv) the Owner has obtained all Development Approvals (and same remain valid
and in effect, although some may be conditioned upon the occurrence of
the Second Closing and certain permits may not be issued until the Second Closing)
required to commence con~truction of the Planned Development within the Approval
Period (or, at Owner's option, waived the condition of obtaining any
Development Approvals not required to obtain a building permit and commence
construction of the Planned Development by such date), (v) the Owner and its lender shall be in
a position to close on financing in an amount which is adequate to fund the
development of a Ritz-Carlton Hotel on the Di Lido Property, butinnoeventlessthan $50,000,000,00 (the "Financing"),with such
closing to take place simultaneously with the Second Closing, (vi) the Owner
shall have entered into an arm's length industry-standard operating agreement with The Ritz-Carlton Hotel Company, L.L.c. for the Di Lido Property for a term of no
less than twenty (20) years which requires that the portion of the Di Lido Property to
be used as a hotel to be operated in accordance with the quality
standards generally in effect for Ritz-Carlton hotels as of the execution
date of this Agreement (the "Operating Agreement") and shall have delivered to the Cityacopyofamemorandumreflectingcertainbasictermsofsaidagreement
which memorandum shall have been recorded in the Public Records of Miami-Dade County, and (
vii) the Owner is ready, willing and able to
deliver the items described in Sections 11,3 and 11.4, respectively, then,
promptly thereafter, the Owner shall provide notice to the City that such conditionshavebeensatisfiedthe "Closing Notice") and within fifteen (15) days after the date
I &1
65rr0967 held at a mutually convenient time and place, at which closing each party
hereto shall comply with their respective obligations herein at the
Closing.11.2 In the event that, for any reason, the conditions
to the Second Closing described in Section 11,1 above have not been satisfied
by the date that is two (2) years from the effective dateofthisAgreement (such period being referred to as the "Approval Period"), then eithertheCityortheOwner, may elect to terminate this Agreement by providingwrittennoticetotheotherparty;provided, however, that totheextentapplicationsseekinganyDevelopmentApprovalsarestillpendinghearingorappeal
at the expiration of such initial period, then the Approval Period may be extended, at
the Owner's option, for an additional one (1) year (in which
case the term of this Agreement shall simultaneously be extended by one (I)
year by providing written notice of the extension to the City prior to the
expiration of the original Approval Period), In the event that Owner elects the option
to extend the Approval Period as above provided, then, if at the end
of such extension period all the Development Approvals still have not been obtained, then
either the Owner or the City shall have the option to terminate as providedabove, At any time after the expiration of the Approval Period (as same may be extended if
that be the case) and prior to the City's receipt of a Closing Notice, the
City may issue a notice to Owner terminating this Agreement; provided, however,
that if the City has received a Closing Notice and has not theretofore
issued a notice of termination, then the City shall not have the right to issue
a notice of termination andshall have no further right to terminate this Agreement. IntheeventthatalloftherequisiteDevelopmentApprovalshavebeentimelyobtained,
but some or all of them are being challenged by third parties or appealperiodshavenotexpiredsothattheyhavenotbecomefinalatatimewhenthe
Approval Period (as the same may have been extended) is expiring, then the City and
the Owner may agree to consider the desirability and advisability
of further extending the Approval Period (and simultaneously the term of
this Agreement), provided that such consideration and the determination thereof shall be in the
sole and exclusive discretion of each of such respective parties and any
such consideration shall be processed as an amendment to this Agreement. In the
event that this Agreement is terminated as provided in this Section, then the obligations
that are to be performed at the Second Closing shall terminate and
the parties hereto shall
have no further obligations under this Agreement.11,3 At the Second
Closing, the City shall
execute and/or deliver to Owner the following
items:a) all instruments reasonably required to effectuate the vacation
of the Lincoln
OfF-IS' '65rr0968REC.
b) all applicable Development Permits, unless the Owner has
waived the condition that it receive all or any portion of the Development
Permits (to the extent waivable), in which case, only those Development
Permits the receipt of which the Owner has not waived,
c) at the Owner's discretion, all instruments reasonably
required by the Owner to effectuate the termination or amendment of the
matters described in Section
10,11.4 At the Second Closing, the Owner shall execute and/
or deliver (as appropriate) to the City
the following items:a) the
Lincoln Access Easement.b) the
Di Lido Easement.c) the fees and other required items
for the Development Permits the receipt of which has not been waived
by the Owner,d) any subordination agreement which
may be required pursuant to Section 12(
a) of this Agreement.e) at the Owner's
discretion, all instruments reasonably required to effectuate the termination or
amendment of the
matters described in Section 10,t) all Development Approvals
and all permits and approvals required
for the Lincoln Road Improvements.The closing of the Financing shall take
placeatthe Second Closing,12. J:i1k, At the Initial Closing and Second Closing
the Owner shall grant the Beachwalk Easement, the Lincoln Access Easement
and the Di Lido Easement,respectively, in each case free and clear of all
liens, encumbrances, rights of occupancy,or other
matters except only the following:a) any then
existing mortgage encumbering the underlying land, provided the holder of any such
mortgage shall execute and deliver an appropriate subordination agreement (
in a form reasonably acceptable to the City) subordinating the lien and rights
of such mortgage holder to the rights of
the City and the public;b) applicable zoning
ordinances and regulations in
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b~c) rights of the public which do not adversely affect the
rights granted under the Beachwalk Easement, the Di Lido Easement and
the Lincoln Access
Easement.13. "As Is" Condition. Owner agrees to accept the Lincoln Road
Property in as.is" physical condition at the Second Closing without any representation
or warranty by the City regarding its physical condition, but, Owner shall not be required to
make any physical improvements to, or remediate any defects or problems relating to,
the Lincoln Road Property prior to its grant of the Lincoln Road Easement. The City agreestoaccepttheBeachwalkEasement, the Oi Lido Easement with the underlying
land and improvements (if any) in "as-is" condition, subject, in the case of the
Lincoln Road Property, to Owner's subsequent compliance with the terms of Section
8 of this Agreement. To Owner's best knowledge, without any investigation,
there are no hazardous materials or other contaminants present within
the proposed Beachwalk Easement Area and the Di
Lido Easement Area,14, Use Restriction, Notwithstanding the expiration
of this Agreement and subject to (i) the rights and remedies of any lenders providing
financing for the Planned Development, and (ii) the respective rights of the parties to
the Operating Agreement to terminate the Operating Agreement for cause, the portion of the
Di Lido Property which is to be used as a hotel shall be used and operated as a Ritz-Carlton Hotel
for a period of not less than three (3) years after the date of the issuance
of a final certificate of occupancy or certificate of completion, as
applicable, for the Planned Development.15, Reservation of Rights. This Agreement
shall not affect any rights which may have accrued to any party to this Agreement underallapplicablelawandeachpartyheretoreserves
any and all of such rights,16. No Permit. This Agreement is not
and shall not be construed as a Development
Permit, Development Approval or authorization to commence development, nor shall it relieveOwneroftheobligationstoobtainnecessaryDevelopmentApprovalsthatarerequiredunder
applicable law and under and
pursuant to the terms of this Agreement.17. Good Faith; FurtherAssurances; No Cost. The parties to this Agreement have negotiated in good faith. It is the intent
and agreement of the parties that they shall cooperate with each other in good faith to
effectuate the purposes and intent of, and to satisfy their obligations under, this Agreement
in order to secure to themselves the mutual benefits created under this Agreement; and,
in that regard, the parties shall execute such further documents as may be
reasonably necessary to effectuate the provisions of this Agreement; provided, that the foregoing shall in
no way be deemed to inhibit, restrict or require the exercise of the City's police power or
actions of the City when acting in a quasi-judicial capacity, Wherever in this Agreement a provision requires cooperation,good faith or similar effort to be undertaken at no cost
to a party, the concept of no cost shall not be deemed to include
ft: 18 I
65rt0970 attendance at meetings, hearings or proceedings and comment and/or execution
of documents, all such costs to be borne by the party receiving a request to so cooperate,
act in good faith or so
forth.18. Consistency with the City's Master Plan, The City has
adopted and implemented the Comprehensive Plan, The City hereby finds and declares
that the provisions of this Agreement dealing with the Di Lido Property are consistent
with the City's adopted Comprehensive Plan and land development regulations (subject
to all applicable
Development Approvals),19. Concurrency, The City hereby finds and declares that, based
on the letter from David Plummer & Associates, rnc" dated as of March 23, 1998,
a copy of which is on file with the City Clerk's office, the
Planned Development meets concurrency with respect to roads and the traffic generated by the
Planned Development would not exceed the traffic impact of the existing on-site uses. Therefore,
no further traffic impact study for the purpose of concurrency determination is required
and no traffic mitigation plan other than minor mitigation necessary for circulation and
other site specific issues) is necessary because the Planned Development is concurrent with
respect to roads in that there will be no degradation in the level of service -
resulting from the redevelopment of the Di Lido Property, Additionally, the City hereby finds
and declares that the Planned Development meets concurrency with respect to
sanitary sewer, solid waste, drainage,potable water, parks
and recreation, and mass transit.20. Recordin~ of the
Development A~reement. Within fourteen (14) days after the City executes this Agreement, the
City shall record this Agreement with the Clerk of the Circuit Court of Miami-Dade County, The
Owner shall submit a copy of the recorded Agreement to the State of
Florida's land planning agency within fourteen (14)days after this Agreement is
recorded. This Agreement shall become effective only after i) it has been recorded in the public
records of Miami-Dade County, and (ii) thirty (30)days have elapsed after the State of Florida
land planning agency's receipt of a copy of the recorded Agreement. The Owner
agrees that it shall be responsible for all recording fees and other related fees and
costs related to the recording and delivery of this Agreement as described in this
section, The provisions hereof shall remain in full force and effect during the term hereof,
and, subject to the conditions of this Agreement, shall be binding upon the undersigned, and
all successors in interest to the parties to this Agreement. Whenever an extension
of any deadline is permitted or provided for under the terms of this Agreement, at the request of
the either party, the other party shall join in a short-form recordable
memorandum confirming such extension to be
recorded in the public records of Miami-Dade County.21. Term of this
A~eement. If this Agreement is formally approved by the City Commission after
public hearing, then the City shall promptly take all appropriate actions and the City
and Owner shall execute and deliver this Agreement thereafter in accordance with all
requirements of law, Subject to the extension provisions below in this Section and
tt: 18165r~
0971 which is five (5) years from the effective date hereof, provided that it maybefurtherextended, after public hearing, by mutual consent of the City and the Owner (
at each party's sole discretion); provided further, that if on the expiration datehereofastheretoforeextended (if that be the case), the Owner has not completedtheconstructionofthePlannedDevelopmentandisdiligentlypursuingsame, then the termofthisAgreementmaybeextendedforanadditionalone (1) year periodbyprovidingwrittennoticeoftheextensiontotheCitypriortotheexpirationoftheoriginaltermastheretoforeextended (if that be the case), No notice of termination shallberequiredbyeitherpartyupontheexpirationofthisAgreementandthepartiesheretoshallhavenofurtherobligationsunderthisAgreement (except as provided in Section14), All rights to extension oftime periods
herein shall be cwnulative.22, Presentlv Permitted Develooment. The development which is presently permitted on the Di Lido Property subjecthereto, including population densities, and building intensities and height, which are the subjecttothisAgreementaremorespecificallyset
forth in Exhibit "H" hereto,23, Public Facilities to Serve the DiLidoProperty, A description of the public facilities that will service the proposeddevelopmentofthepropertiessubjecttothisAgreement, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule
to assure public facilities are available concurrent with the impacts of the development
is included as Exhibit "I" hereto.24, Public Reservations and/or Dedications, A description of the, reservations and/or dedications of land for public purposes that
are proposed under the terms of this
Agreement is included as Exhibit "J" hereto.25, Required DeveloomentPermits, Attached and made a part hereof as Exhibit "K" is a listing anddescriptionofalllocaldevelopmentpermitsapprovedorneededtobe
approved for the development of the Planned Development.26, Omissions. The partiesheretorecognizeandagreethatthefailureofthisAgreementtoaddressaparticularpermit, condition, term, or restriction shall not relieve the Owner of thenecessityofcomplyingwiththelawgoverningsaidpermitting
requirements, conditions, term, or restriction notwithstanding any such omission,27. Notices, Any notices required or permitted to be given under this Agreement shall be in writing andshallbedeemedtohavebeengivenifdeliveredbyhand, sent byrecognizedovernightcourier (such as Federal Express) or mailed by certified or registeredmail, return receipt
requested, in a postage prepaid envelope, and addressed as follows:If
to the City
at:City of
Wtt: 18 I
65rr0972 Attn: City
Manager,City
Attorney If to Owner at:c/o Bruce Lazar,
Esq.Seville Beach Hotel, Suite
M 2901
Collins Avenue Miami
Beach, FL 33140 if not in
leave with concierge)With a copy to:Juan
P. Loumiet, Esq.
Greenberg, Traurig, Hoffman,Rosen &
Quentel P.
A.1221
Brickell Avenue Miami, Florida 33131 Notices personally delivered or sent
by overnight courier shall be deemed given on the date of delivery and notices
mailed in accordance with the foregoing shall be deemed given three (3) days after
deposit in the U.S. mails.The terms of this Section 27
shall survive the termination of this Agreement.28. Radon Gas. Radon is
a naturally occurring radioactive gas that, when it has accumulated in a building insufficientquantities, may present health risks to persons who are exposed to it over time. Levels ofradonthatexceedfederalandsti;1te guidelines have been found in
buildings in Florida. Additional information regarding radon and radon testing may be obtained
from your county public health unit. [Note: this paragraph
is provided
for
informational purposes pursuant to Section 404.056(7),Florida
Statutes, (1993).]29. Construction.a) This Agreement shall be construed and governed in accordance with
the laws of the State of Florida. All ofthepartiestothisAgreementhaveparticipatedfullyinthenegotiationandpreparationhereof; and, accordingly, this
Agreement shall not be more strictly construed against anyone of the
parties hereto.b) In construing this Agreement, the use of any
gender shall include every other
and all genders, and captions and section and paragraph headings
shall be disregarded.c) All of the exhibits attached
to this Agreement are incorporated in, and made a part of, thisAgreement.30. Severability. In the event any term or provision of thisAgreementbedeterminedbyappropriatejudicialauthoritytobeillegalorotherwiseinvalid, such
tk.' 8'
65fr0973 authority determines, and the remainder of this Agreement shall be construed to be infullforceand
effect.31. Litillation. In the event of any litigation between the partiesunderthisAgreementforabreachhereof, the prevailing party shall be entitled
to reasonable attorney's fees and court costs at all trial and appellate levels. The terms ofthisSection30shallsurvivethetermination
of this Agreement.32. Time of Essence. Time shall be of the essenceforeach
and every provision hereof.33. Entire Aflreement. ThisAgreement, together with the documents referenced herein, constitute the entire agreementandunderstandingamongthepartieswithrespecttothesubjectmatterhereof, andtherearenootheragreements,representations or warranties other than as set forth herein. This Agreement may not be changed, altered or modified except by an instrument inwritingsignedbythepartyagainstwhomenforcementofsuchchangewouldbesoughtandsubjecttotherequirementsfortheamendmentof
development agreements in the Act.34. CCCL. Pursuant to Section161.57 of the Florida Statutes, the parties hereto waive any obligation on the part oftheotherstoprovideanaffidavitorsurveymeetingtherequirementsofChapter472FloridaStatutesdelineatingthelocationofthecoastalconstructioncontrollineonanypropertiesreflectedinthisAgreement, if applicable. This Section is not intendedtodiminishinanywaytheOwner'
s obligations to obtain any of the Development Approvals.35. Force Maieure. Any prevention, delay or stoppage due to strikes,lockouts, labor disputes, actsofGod, inability to obtain labor or materials or reasonable substitutes therefor, riot, civil commotion, fire or other casualty, and other causes beyond the reasonable controlofthepartyobligatedtoperform, excluding the financial inability of such partytoperformandexcludingdelaysresultingfromappealsorrehearingscommencedbytheOwner (any such causesoreventstobereferredtohereinasa "Force Majeure"), shall excuse the performancebysuchpartyforaperiod
tt: 18 I
65rr097 4 EXECUTED as of the date first above written in several counterparts,
each of which shall be deemed an original, but all constituting only
one agreement.Signed, sealed
and deliveredC.
I1JHl CITY OF MIAMI
BEACH,a Florida municip
corporation
By:Name:-1lGI~ O. \C.~
Dt10
Attest: ~~ ~ ~Robert Parcher, City
Clerk
By:
Nam :
Title:
oration STATE OF
FLORIDA )
SS:COUNTY OF
DADE )The foregoing instrument was acknowledged before me this "2 -,tz-r
day of 1998 by Bruce E. Lazar, as Vice President of Di
Lido Beach Hotel Corpo tion, a Florida corporation, on behalf of the corporation. He
is personally known to
me .. :who did~
take an oath.Typed or Printed
Name of Notary
My Commission expires:Serial
No., if any:OFFICIAL
Nor ARY SEAL
JOSEPH M HERNANDEZ ARY PUBLIC
STATE OF FLORIDA
COMMISSION NO. CC610440 MY
tt: r 8 r
65rr0975 STATE OF
FLORIDA )
SS:COUNTY OF
DADE )The foregoing instrument wasacknow.1edged before me this / t -
tI--- day
of L.-y-..L- ,1998,by neLd~i\~) {7 /)a~C.e0- , as
Mayor of the City 0 iami Beach, a municipaf corporation, on behalf of
the Corporation. He is personally known tome Of ha3 !-,wd.ul:ed
as-iQ8I'ltifieatio~wheel.iel (did not)
takeanoath.7 . dlll( 4 ()
CtllV'er tlnyb NO ARYPUBLlC I-/'J II ~i rJ be au
c J...Cl tL1,cJ Typed or
Printed Name of
Notary I My Commission
expires:SerialNo.,
if any:
OFFICIAL NOfARYSF.ALLILLIAN BEAUCHAMP NOfARYPUBLICsrATEOFFLORIDACOMMISSIONNO. CC7383n
MY COMMISSION EXP. APR.
t~: 18 '
16srr0976 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 (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 of280.059 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
tt ., 8 ,
65f(0977
EXHIBIT "B"LINCOLN
ROAD PROPERTY LEGAL DESCRIPTION (Lincoln
Road Abandonment):A portion of land being a part of the platted Lincoln Road right-of-way as
shown on 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 Dade County, Florida. Said land being
more
particularly described as follows:Bounded on the South by the platted centerline of Lincoln Road
lying Easterly of Collins Avenue as shown on said FISHER'S FIRST
SUBDIVISION OF ALTON BEACH.Bounded on the West by a line 40 feet Easterly of and
parallel with the centerline of Collins Avenue as shown on said FISHER'
S
FIRST SUBDIVISION OF ALTON BEACH.Bounded on the North by the South line of Block
29 of said FISHER'
S FIRST SUBDIVISION OF ALTON BEACH.AND Bounded on the East by the East line
of Block 29 projected Southerly of said
f~: 18 I
65rr0978 EXHIBIT "
C"BEACHW ALK
tt: 181
65rr0979 Prepared by and Return
to:Raul J. Aguila,
Esq.Office of City
Attorney City of Miami
Beach 1700 Convention
Center Drive Miami
Beach, FL 33139 GRANT OF PERPETUAL EASEMENT
FOR BEACHW ALK THIS GRANT OF EASEMENT (this "Easement") is made
this _ day of 1998, by DI LIDO BEACH HOTEL CORPORATION, a
Florida corporation (the "Owner")having its principal place of business at 155 Lincoln Road, Miami Beach,
Florida in favor of the CITY OF MIAMI BEACH, a Florida municipal corporation (
the "City"), having its principal place of business at 1700
Convention Center Drive, Miami Beach, Florida.WHEREAS, the Owner owns that certain propertY
situated, lying and being in Dade County, Florida, known as the Di Lido Beach Hotel
located at 155 Lincoln Road, Miami Beach,Florida, and as more particularly described
in Schedule "A" attached hereto (the "Property");WHEREAS, on or about March
13, 1982, the City entered into that certain Management Agreement for Certain Lands in
the City of Miami Beach, Florida (Agreement No. ~750-0006), as amended, with the Trustees
of the Internal Improvement Tmst Fund of the State of Florida,granting the City the right
to exercise management authority over the State owned beach east of the Erosion Control Line
within the City of Miami
Beach, including that certain area landward and seaward of the dune;WHEREAS, the
City is desirous of developing an at-grade public pedestrian walkway,which includes
landscaping, lighting, and irrigation, along the landward side of the dune,connecting
the existing walkway fronting Lummus Park and the existing elevated
wooden boardwalk which currently begins at 21st Street (the "Beachwalk"); and WHEREAS,
pursuant to the terms of that certain Agreement dated as of , 1998 between the City
and the Owner, recorded in Official Records Book , at Page _, of the
Public Records of Miami-Dade County (the "Development Agreement"), which constitutes
a development agreement under the Florida Local Government Development Agreement Act, the Owner has agreed to grant this
perpetual easement to the City for use as an at-grade public pedestrian
walkway, for the installation and maintenance of landscaping, and for such other public uses which
are consistent with the City's development of the Beachwalk, across that certain portion
REi;: I ~ I bJnu~tjU
line near the eastern boundary of the Property, as same is more particularly described in Schedule
B" attached hereto (the "Easement Parcel").
NOW THEREFORE, in consideration of Ten and Noll 00 Dollars ($10.
00) and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged,the Owner by these presents hereby grants, sells, and conveys to the City,
its successors and assigns, a perpetual easement on, in, and over the Easement Parcel for the
purpose of installing,laying, constructing, operating, inspecting, maintaining, repairing, and
replacing the Beachwalk and for public pedestrian access
to the Beachwalk.The Owner and the City further agree
to the following:1. The Owner hereby grants to the City
its employees, contractors, or representatives, the permanent right and license for purposes
of ingress and egress to and from the Easement Parcel for the
purposes of laying, constructing,operating, inspecting, maintaining, repairing,
and replacing the Beachwalk.2. The City shall use its best efforts to obtain
the necessary permits and approvals from the State of Florida for construction
of the Beachwalk; provided, however,that in the event that the City has not secured
the necessary permits and approvals and initiated construction of the Beachwalkwithin the
later of (i) three (3) years from the date of execution of this instrument, or (ii)
the expiration of the term of the Development Agreement, this
Easement and the easement
rights granted herein shall automatically terminate.3. The City shall construct
the Beachwalk in substantial confofmity with the Beachwalk
Site Plan attached hereto as Schedule "C".4. The City shall deliver notice
of its intention to commence construction of the Beachwalk to the Owner not later than
thirty (30)
days prior to the date set for such commencement.5. Following the
completion of the Beachwalk, the City shall have the sole responsibility and shall bear
the total cost for the repair and maintenance of the Beachwalk, except
for any repairs or maintenance arising
from the negligence of the Owner or any successor thereto.6. The City shall
maintain and repair the Easement Parcel and the portion of the Beachwalk lying
thereon in the same manner as it maintains and repairs the remainder of
the Beachwalk. The City shall insure and provide security for the Beachwalk in the
same manner as
it provides security for its public sidewalks and right-of-ways.7. The
Owner reserves
tt: I ~ I b~nu~tj I
a. Right of ingress and egress to and from the Easement Parcel for
construction access to the east side of the Property, provided that the
Owner has obtained all the necessary permits and approvals from the City
and the State for any such construction, and that Owner shall bear the cost
for repairing any damage to the Easement Parcel or Beachwalk, resulting
from such construction; and
b. Unrestricted access to, over, across and in the Easement Parcel, provided
that such use does not materially interfere with the continued use of the
Easement Parcel as permitted herein.
8. Owner shall not construct or permit to be constructed any structure or
obstruction on or over or interfering with the construction, maintenance, or any other
aspect of the Beachwalk located upon the Easement Parcel. The City shall not
obstruct access to the beach and the Atlantic Ocean from the Property across the
Easement
Parcel.9. Owner covenants, warrants and represents (i) that it is the fee simple owner
of the Easement Parcel and has the right, title, and capacity to grant
the perpetual easement granted herein, and (ii) Commercial Bank of Florida is the
sole lienor and holder of a recorded (or unrecorded) security interest in the
Easement Parcel.10. This grarit of perpetual easement shall inure to the benefit of and
be binding upon the heirs, legal representatives, successors and assigns of the
parties
hereto, as applicable.11. In the event that the City abandons or vacates the
Beachwalk, then this Easement and the easement rights granted
herein shall automatically terminate.12. Notices. Any notices required or permitted to be
given under this Easement shall be in writing and shall be deemed to have been given if
delivered by hand, sent by recognized overnight courier (such as Federal Express)
or mailed by certified or registered mail, return receipt requested, in
a postage prepaid
envelope, and addressed as follows:If to the City at:City
of Miami Beach,
City Hall 1700
Convention Center Drive
Miami Beach,
t~: 18 I
65rr0982 If to Owner at:c/o Bruce Lazar,
Esq.Seville Beach Hotel, Suite
M 2901
Collins Avenue Miami
Beach, FL 33140 if not in
leave with concierge)With a copy to:Juan
P. Loumiet, Esq.
Greenberg, Traurig, Hoffman,Rosen &
Quentel P.
A.1221
Brickell Avenue Miami, Florida 33131 Notices personally delivered or sent by overnight
courier shall be deemed given on the date of delivery and notices mailed in
accordance with the foregoing shall be deemed given three (3) days after deposit in the U.
S. mails. The terms of this Section shall
survive
the termination of this Easement.13. Construction.a) This Easement shall be construed and governed
in accordance with the laws of the State of Florida. All of the parties to
this Agreement have participated fully in the negotiation and preparation hereof;
and, accordingly, this Easement shall not be more strictly
construed against anyone of the parties hereto.b) In construing this Easement, the use of
any gender shall include every other and all genders, and captions and
section and paragraph headings shall be disregarded.c) All of the exhibits attached to this Easement
are incorporated in,
and made a part of, this Agreement.14. Severability. In the event any
term or provision of this Easement be determined by appropriate judicial authority
to be illegal or otherwise invalid, such provision shall be given its nearest legal
meaning or construed as deleted as such authority determines, and the remainder of this
Easement shall be
construed to be in full force and effect.15. Litiiation. In the event
of any litigation between the parties under this EaSement for a breach hereof, the
prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial
and appellate levels. The terms of
this Section shall survive the termination of this Easement.16. Time of Essence. Time
shall
be of the essence for each and every provision
hereof.17. Entire Agreement. This Easement, together with the documents referenced
REi;: 1111 bJnU~
Oj respect to the subject matter hereof, and there are no other
agreements,representations or warranties other than as set forth herein. This Easement
may not be changed, altered or modified except by an instrument in writing signed
by the party against whom enforcement of such change would be
sought.18. Force Majeure. Any prevention, delay or stoppage due to strikes,
lockouts, labor disputes, acts of God, inability to obtain labor or materials
or reasonable substitutes therefor, riot, civil commotion, fire or other casualty, and
other causes beyond the reasonable control of the party obligated to perform,
excluding the financial inability of such party to perform shall excuse the performance
by such party for a period equal to any such period of prevention, delay
or stoppage.IN WITNESS WHEREOF, the undersigned has caused this grant of
perpetual easement to be executed by execution of this instrument as of this
day of ,1998.
Witnesses:THE
OWNER Sign
Name:Print Name:DI LIDO
BEACH HOTEL CORPORATION,
a Florida
corporation Sign Name:
Print
Name:
REi;: I 0 I b:>
nU~
04 CONSENT The undersigned as lienor, owner and holder of that certain [Mortgage]
recorded in Official Records Book _, Page _, of the Public Records of Miami-
Dade County,Florida, hereby consents to this grant of easement rights as provided herein and
subordinates the lien and the effect of its security interest to
this Easement.COMMERCIAL BANK OF
FLORIDA, a Florida
banking corporation
Sign Name:
Print
Name:
By:
Name:Title:
Sign Name:
tt: 1816srr0985
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this _ day of
1998 by , as of Di Lido
Beach Hotel Corporation, a Florida corporation, on behalf of the corporation. He/She is
personally known to me or has produced as identification and who did (did
not)take an
oath.NOTARY
PUBLIC Typed or Printed Name of
Notary My Commission
expires:Serial No., if
any:ACKNOWLEDGED AND ACCEPTED
this
by:day
of 1998 Witnesses:CITY OF MIAMI BEACH,
FLORIDA, a
municipal corporation
Sign Name:
Print Name:
Sign Name:Print
Name:
By:
Mayor ATTEST:Robert Parcher,
t~: , 8\
6 sr(0986
STATE
OF FLORIDA )SS:
COUNTY OF DADE )The foregoing instrument was acknowledged before me
this day of 1998, by , as Mayor
of the City of Miami Beach, a municipal 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 Typed or
Printed Name of
Notary My Commission expires:
SerialNo., ifany:MIAMIIHERNANDEZJI946S0Slk@bt04l.DOC/
tf: 18 I
65rr0987 EXHIBIT "
D"BEACHW ALK SITE
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EXHIBITD
REf: ,
ti '
bjrr0988
tJ
a
1 : ;
tt: 18165rr0989
EXHIBIT "E"
DI LIDO EASEMENT
tt: 18165rroggo
Prepared by and Return to:
Joseph M. Hernandez, Esq.
Greenberg, Traurig, Hoffman,
Lipoff, Rosen & Quentel, P.A.
1221 Brickell
Avenue Miami,
FL 33131 GRANT OF PERPETUAL EASEMENT FOR
BEACH ACCESS THIS GRANT OF EASEMENT (this "Easement") is made this _
day of 1998, by DI LIDO BEACH HOTEL CORPORATION, a Florida
corporation (the "Owner")having its principal place of business at 155 Lincoln Road, Miami Beach, Florida
in favor of the CITY OF MIAMI BEACH, a Florida municipal corporation (the "
City"), having its principal place of business at 1700 Convention
Center Drive, Miami Beach, Florida.WHEREAS, the Owner owns that certain property situated,
lying and being in Dade County, Florida, known as the Di Lido Beach Hotel located
at 155 Lincoln Road, Miami Beach,Florida, and as more particularly described in
Schedule "A" attached hereto (the "Property");WHEREAS, the City and the Owner entered into
that certain Agreement dated as of 1998, recorded in Official
Records Book , at Page _, of the Public Records of Miami-Dade
County (the "Development Agreement"), which constitutes a development agreement pursuant to
the Florida Local Government Development Act, Section 163.3220, et. seq., Florida Statutes (
the "Act") and which contemplates the renovation of the existing hotel and
commercial building located on the Property (the "Planned Development");WHEREAS, pursuant to the
Development Agreement the Owner has agreed to grant to the City a perpetual easement for the purpose
of providing public access from the Easterly end of Lincoln Road to the beach and Atlantic
Ocean through that portion of the Property which is approximately twenty (20) feet
in width, as more particularly described in Schedule "B" attached hereto (the "Easement
Parcel") in exchange for, among other things, the issuance of development permits
and approvals in order to develop the Planned Development; and WHEREAS, pursuant
to the Development Agreement, the Owner has agreed
to construct certain improvements on the Easement Parcel (the "Improvements").NOW T~EREFORE,
in consideration of Ten and No/IOO Dollars ($10.00) and other goodandvaluableconsideration, the receipt and sufficiency of which is hereby acknowledged,the Owner by these
presents hereby grants, sells, and conveys to the City, its successors and assigns, a perpetual easement
tf: 18 I 65rrog9
I public access from the Easterly end of Lincoln Road to the beach and Atlantic Ocean and for
the purpose of installing, laying, constructing, operating, inspecting, maintaining, repairing,
and replacing a public pedestrian walkway in order to provide such public access to the beach and
the Atlantic
Ocean.The Owner and the City further agree to the
following:1. The Owner hereby grants to the City its employees,
contractors, or representatives, the permanent right and license for purposes of ingress
and egress to and from the Easement Parcel for the purposes of
laying, constructing,operating, inspecting, maintaining, repairing, and replacing
the pedestrian walkway, landscaping, lighting and irrigation, and all other
related improvements to be constructed on the
Easement Parcel.2. The City shall have the sole responsibility and shall bear the total
cost for the maintenance of the Improvements, except for any repairs
or maintenance arising from the negligence of the Owner or
any successor thereto.3. The parties hereto acknowledge and agree that the
Easement Parcel and the Improvements thereon are intended to be used and maintained
in a manner which is consistent with the standard of maintenance for the
Lincoln Road Mall. The City agrees that it shall insure and provide security for.
the Easement Parcel and the Improvements in the same manner as it provides
security for its public sidewalks
and right-of-ways.4. The Owner reserves unto itself, its successors and
assigns, the
perpetual right and privilege of:a. Right of ingress and egress to and
from the Easement Parcel for construction access to the Property, provided
that Owner shall bear the cost for repairing any damage to
the Easement Parcel or Improvements,
resulting from such construction; and b. Unrestricted access to, over, across and
in the Easement Parcel, provided that Owner shall not use the Easement
Parcel for vehicular traffic and Owner's use of the Easement Parcel shall
not materially interfere with the continued use of the Easement Parcel as
permitted herein
by Grantee and the public.5. Owner shall not construct or permit to
be constructed any structure or obstruction on or over or interfering with the
construction, maintenance, or any other aspect of the
tt'.18 'I 65rr099Z
6. Owner covenants, warrants and represents that (i) it is the fee simple owner of
the Easement Parcel and has the right, title, and capacity to grant the
perpetual easement granted herein, and (ii) is the sole lienor
and holder of a recorded (or unrecorded) security interest in the Easement
Parcel.7. This grant of perpetual easement shall inure to the benefit of and be
binding upon the heirs, legal representatives, successors and assigns of the parties
hereto,
as applicable.8. Notices. Any notices required or permitted to be given under
this Easement shall be in writing and shall be deemed to have been given if delivered by
hand, sent by recognized overnight courier (such as Federal Express) or mailed
by certified or registered mail, return receipt requested, in a postage
prepaid envelope, and
addressed as follows:If to the City at:City of Miami
Beach, City Hall
1700 Convention Center
Drive Miami Beach,
Florida 33139
Attn: City Manager,City Attorney If to Owner at:
c/o Bruce Lazar, Esq.
Seville Beach
Hotel, Suite M
2901 Collins Avenue Miami Beach, FL
33140 if not in leave with concierge)With
a copy to:
Juan P. Loumiet, Esq.
Greenberg, Traurig,
Hoffman,Rosen &
Quentel P.A.1221 Brickell Avenue Miami, Florida 33131 Notices personally delivered
or sent by overnight courier shall be deemed given on the date of delivery
and notices mailed in accordance with the foregoing shall be deemed given three (3) days after
deposit in the U.S. mails. The terms
of
this Section shall survive the termination of this Easement.9. Construction.a) This Easement shall
be construed and governed in accordance with the laws of the State of Florida. All
of the parties to this Agreement have participated fully in the
negotiation and preparation hereof; and, accordingly, this Easement shall
tb: , 8165rrLm3
b) In construing this Easement, the use of any gender shall include every other and
all genders, and captions and section and paragraph headings shall be disregarded.
c) All of the exhibits attached to this Easement are incorporated in, and made a partof, this Agreement.
10. Severability. In the event any term or provision of this Easement be
determined by appropriate judicial authority to be illegal or otherwise invalid, such
provision shall be given its nearest legal meaning or construed as deleted as such
authority determines, and the remainder of this Easement shall be construed to be in
full force and
effect.11. Litigation. In the event of any litigation between the parties under
this Easement for a breach hereof, the prevailing party shall be entitled to reasonable
attorney's fees and court costs at all trial and appellate levels. The terms of this
Section shall survive the termination of
this Easement.12. Time of Essence. Time shall be of the essence for each
and
every provision hereof.13. Entire Agreement. This Easement, together
with the documents referenced herein, constitute the entire agreement and understanding
among the parties with respect to the subject matter hereof, and there
are no other agreements,representations or warranties other than as set forth
herein. This Easement may not be changed, altered or modified except by an instrumentinwritingsignedbythepartyagainstwhomenforcementofsuch
change would be sought.14. Force Majeure. Any prevention, delay or stoppage
due to strikes, lockouts, labor disputes, acts of God, inability to obtain
labor or materials or reasonable substitutes therefor, riot, civil commotion, fire or
other casualty, and other causes beyond the reasonable control of the party
obligated to perform, excluding the financial inability of such party to perform shall
excuse the performance by such party for a period equal to any such period
of prevention, delay or stoppage.IN WITNESS WHEREOF, the undersigned has caused
this grant of perpetual easement to be executed by execution of this instrument
as of this
day of ,
1998.Witnesses:
THE OWNER Sign Name:Print
Name:DI LIDO
BEACH HOTEL
CORPORATION,a Florida
corporation
Sign
tt'.18 ,
6srr0994
CONSENT The undersigned lienor, owner and holder of that certain [Mortgage] recorded in
Official Records Book _, at Page _, of the Public Records of Miami-Dade County,
hereby consents to the grant of easement rights as provided herein and subordinates the lien and effect
of its security interest to this
Easement.
a Sign
Name:Print
Name:
By:
Name:
Title:Sign
Name:Print
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
tt: 18 I 65rr099S
The foregoing instrument was acknowledged before me this _ day of
1998 by , as of Di Lido
Beach Hotel Corporation, a Florida corporation, on behalf of the corporation. He/She is
personally known to me or has produced as identification and who did (did
not)take an
oath.NOTARY
PUBLIC Typed or Printed Name of
Notary My Commission
expires:Serial No., if
any:ACKNOWLEDGED AND ACCEPTED
this
by:day
of 1998 Witnesses:CITY OF MIAMI BEACH,
a Florida
municipal corporation
Sign Name:Print
Name:By:
Sign Name:
Print
Name:
Mayor ATTEST:Robert Parcher,
18 I
65rr0996 STATE OF
FLORIDA )
SS:COUNTY OF
DADE )The foregoing instrument was acknowledged before me this day
of 1998, by , as Mayor of the
City of Miami Beach, a Florida municipal 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 Typed or Printed Name
of Notary My
Commission expires:Serial No.,
if any:MlAMI/HERNANDEZJ/
r 18 I
65rrogg7 EXHIBIT "
F"LINCOLN ACCESS
tt: 18 I
65rr0998 Prepared by and Return
to:Joseph M. Hernandez,
Esq.Greenberg, Traurig,
Hoffman,Lipoff, Rosen & Quentel, P .
A.1221
Brickell Avenue
Miami, FL 33131 GRANT OF PERPETUAL
EASEMENT (LINCOLN ROAD)THIS GRANT OF EASEMENT (this "Easement") is made
this _ day of 1998, by DI LIDO BEACH HOTEL CORPORATION, a
Florida corporation (the "Owner")having its principal place of business at 155 Lincoln Road, Miami Beach,
Florida in favor of the CITY OF MIAMI BEACH, a Florida municipal corporation (
the "City"), having its principal place of business at 1700
Convention Center Drive, Miami Beach, Florida.WHEREAS, the Owner owns that certain property
situated, lying and being in Dade County, Florida, known as the Di Lido Beach Hotel
located at 155 Lincoln Road, Miami Beach,Florida, and as more particularly described
in Exhibit "A" attached hereto (the "Property");WHEREAS, the City and the Owner entered
into that certain Agreemellt dated as of 1998, recorded in
Official Records Book , at Page _, of the Public Records of Miami-
Dade County (the "Development Agreement"), which constitutes a development agreement pursuant
to the Florida Local Government Development Act, Section 163.3220, et. seq., Florida
Statutes (the "Act") and which contemplates the renovation of the existing hotel
and commercial building located on the Property (the "Planned Development");WHEREAS, pursuant to
the Development Agreement, the Owner has agreed to grant to the City a perpetual easement
for the purpose of providing public pedestrian and vehicular access through and over 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 more particularly described in
Exhibit "B" attached hereto (the "Easement Parcel") in exchange for,among other things, the City vacating its rights
in and to the Easement Parcel and the issuance of development permits
and approvals in order to develop the Planned Development; and WHEREAS, pursuant
to the Development Agreement, the Owner has agreed to construct certain improvements as
described therein (the "Lincoln Road Improvements") in and on that portion of Lincoln Road lying East
of Collins Avenue (the "Lincoln Road Section") and on that portion of the Property which the Owner
has granted the City certain easement rights in order to provide public access to the beach and
the Atlantic Ocean and
ft: 18 I 6srrog9g
NOW THEREFORE, in consideration of Ten and Noll 00 Dollars ($10.
00) and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged,the Owner by these presents hereby grants, sells, and conveys to the City,
its successors and assigns, a perpetual easement on, in, and over the Easement Parcel for the
purpose of providing public pedestrian and vehicular access through and over the Easement Parcel and
for the purpose of laying, constructing, maintaining, repairing and replacing the
Lincoln Road Improvements.The Owner and the City further agree
to the following:1. The Owner hereby grants to the City
its employees, contractors, or representatives, the permanent right and license for purposes
of ingress and egress to and from the Easement Parcel for the
purposes of laying, constructing,operating, inspecting, maintaining, repairing, and
replacing the public roadway,public sidewalks, landscaping, lighting, utilities and
irrigation, and all other related improvements to be constmcted on the
Easement Parcel. The Owner hereby also grants the City the right to use and occupy
the subsurface of the Easement Parcel for any utility or drainage or other
use or purpose, including,without limitation, the right to construct, install,
maintain and operate therein electrical, telephone, telegraph, telecommunication,
gas, gasoline, sewer, water,and drainage fixtures and the Owner grants to. the City the
right to grant easements to third parties
to do the same.2. Following the completion of the Lincoln Road
Improvements, the City shall have the sole responsibility and shall bear the total cost
for the repair and maintenance of same, except for any repairs and maintenance
arising from the negligence of the
Owner or any successor thereto.3. The City shall provide the same level of
maintenance on the pasement Parcel and the improvements thereon as it currently provides
for the Lincoln Road Mall. The City agrees that it shall insure and provide
security for the Lincoln Road Section in the same manner as it provides
security for its
public sidewalks and right-of-ways.4. The Owner reserves unto itself, its
successors and
assigns, the perpetual right and privilege of:a. Right of ingress and egress
to and from the Easement Parcel for construction access to the
Property, provided that Owner shall.bear the cost for repairing any damage
to
the Easement Parcel, resulting from such construction;b. Unrestricted access to, over,
across and in the Easement Parcel, provided that such use does not materially
interfere with the continued use of the Easement Parcel as permitted
tt'.18' 65rr
I 000 c. Using and occupying, and granting to any parties providing
utility service,telephone service and to other similar parties, the right to use
and occupy the subsurface of the Easement Parcel for any utility or drainage
or other use or purpose which does not materially interfere with the
non-exclusive rights herein granted to Grantee, and its authorized
invitees, agents,employees, guests, lessees and licensees, including, without
limitation, the right to construct, install, maintain and operate
therein electrical,telephone, telegraph, telecommunication, gas, gasoline, sewer,
water, and
drainage fixtures.5. The parties agree that in connection with each of their respective
rights to install and maintain utilities in the subsurface of the Easement Parcel
pursuant to this grant of easement, each party (i) shall notify the other of its
intention to install,repair or otherwise maintain such utilities, (ii) shall cooperate fully
with the other party and take such steps as may be necessary to insure that
any such installation,maintenance or repair of said utilities will not interfere with the
use or functioning of existing utilities, (iii) shall, to the extent feasible,
integrate any proposed installation, maintenance or repair with any proposed work of a
similar nature by the other party, and (iv) shall not unreasonably interfere with the
use of the Easement Parcel by the other party as permitted under this
grant of easement.6. Owner shall not construct or permit to be constructed
any structure or obstruction on or over or interfering with the construction, maintenance,
or any other aspect of the Lincoln Road Improvements located
upon the Easement Parcel.7. Owner covenants, warrants and represents that it is the
fee simple owner of the Easement Parcel and has the right, title, and
capacity to grant
the perpetual easement granted herein.8. This grant of perpetual easement shall inure to the
benefit of and be binding upon the heirs, legal repres~ntatives, successors and
assigns
of the parties hereto, as applicable.9. Notices. Any notices required or permitted
to be given under this Easement shall be in writing and shall be deemed to have been
given if delivered by hand, sent by recognized overnight courier (such as
Federal Express) or mailed by certified or registered mail, return receipt
requested, in a
postage prepaid envelope, and addressed as follows:If to the City
at:City of
Miami Beach, City
Hall 1700 Convention
Center Drive
ft: 18165r~ I 00
I If to Owner at:c/o Bruce Lazar,
Esq.Seville Beach Hotel, Suite
M 2901 Collins
A venue Miami
Beach, FL 33140 if not in
leave with concierge)With a copy to:Juan
P. Loumiet, Esq.
Greenberg, Traurig, Hoffman,Rosen &
Quentel P.
A.1221
Brickell Avenue Miami, Florida 33 131 Notices personally delivered or sent by
overnight courier shall be deemed given on the date of delivery and notices mailed
in accordance with the foregoing shall be deemed given three (3) days after deposit in the
U.S. mails. The terms of this Section
shall
survive the termination of this Easement.10. Construction.a) This Easement shall be construed and
governed in accordance with the laws of the State of Florida. All of the parties
to this Agreement have participated fully in the negotiation and preparation
hereof; and, accordingly, this Easement shall not be more
strictly construed against anyone of the parties hereto.b) In construing this Easement, the use
of any gender shall include every other and all genders, and captions
and section and paragraph headings shall be disregarded.c) All of the exhibits attached to this
Easement are incorporated
in, and made a part of, this Agreement.11. Severability. In the event
any term or provision of this Easement be determined by appropriate judicial
authority to be illegal or otherwise invalid, such provision shall be given its nearest
legal meaning or construed as deleted as such authority determines, and the remainder of
this Easement shall
be construed to be in full force and effect.12. Litigation. In the
event of any litigation between the parties under this Easement for a breach hereof,
the prevailing party shall be entitled to reasonable attorney's fees and court costs at all
trial and appellate levels. The terms
of this Section shall survive the termination of this Easement.13. Time of Essence.
Time
tt: 18165rr I
002 14. Entire Agreement. This Easement, together with the
documents referenced herein, constitute the entire agreement and understanding among the
parties with respect to the subject matter hereof, and there are no
other agreements,representations or warranties other than as set forth herein. This
Easement may not be changed, altered or modified except by an instrument in writing
signed by the party against whom enforcement of such change would
be sought.15. Force Majeure. Any prevention, delay or stoppage due to
strikes, lockouts, labor disputes, acts of God, inability to obtain labor or
materials or reasonable substitutes therefor, riot, civil commotion, fire or other casualty,
and other causes beyond the reasonable control of the party obligated to
perform, excluding the fmancial inability of such party to perform shall excuse the
performance by such party for a period equal to any such period of prevention,
delay or stoppage.IN WITNESS WHEREOF, the undersigned has caused this grant
of perpetual easement to be executed by execution of this instrument as of
this day of ,
1998.Witnesses:
THE OWNER
Sign Name:Print Name:DI
LIDO BEACH HOTEL
CORPORATION,a
Florida corporation Sign
Name:
Print
t~: 18165r~ I
003
CONSENT The undersigned lienor, owner and holder of that certain [1vIortgage] recorded in
Official Records Book ____, at Page _, of the Public Records of Miami-Dade County,
hereby consents to the grant of easement rights as provided herein and subordinates the lien and effect
of its security interest to this
Easement.Sign
Name:Print
Name:
By:
Name:
Title:Sign
Name:Print
COUNTY OF DADE
SS:f~: 18165rb1004STATEOF
FLORIDA The foregoing instrument was acknowledged before me this _ day
of 1998 by , as of Di
Lido Beach Hotel Corporation, a Florida corporation, on behalf of the corporation. He/She
is personally known to me or has produced as identification and who did (
did not)take
an oath.
NOTARY PUBLIC Typed or Printed Name
of Notary My
Commission expires:Serial No.,
if any:ACKNOWLEDGED AND
ACCEPTED
this by:
day of 1998 Witnesses:CITY OF MIAMI
BEACH, FLORlDA,
a municipal
corporation Sign
Name:Print
Name:Sign Name:
Print
Name:
By:Mayor ATTEST:Robert
STATE OF FLORIDA
SS:
ft: 1816sr~ r
005 COUNTY OF
DADE The foregoing instrument was acknowledged before me this day
of 1998, by , as Mayor of the
City of Miami Beach, a municipal 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 Typed or Printed Name
of Notary My
Commission expires:Serial No.,
ifany:MIAMllHERNANDEZII9471761k@".gOSI.
tt: 18165r~ I
006 EXHIBIT "
G"PROPOSED SITE
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tt: 18165r~ I
0 12
EXHIBIT "H"PRESENTLY
PERMITTED DEVELOPMENT Existing Zoning:CD-
3, Architectural District Allowable Floor Area
Ratio:2.5 (Ordinance 98-3107, 6-8, a)
Allowable Existing:357,960 square feet (based on existing
site area)Building Height Allowed:Oceanfront lots -
250 feet, if over 100,000 square feet - 300 feet;
if over 200,000 square feet - 400; for lots fronting
on Lincoln Road the first 25 feet of
lot depth
shall have a limit of 50
feet after which the height limit shall be as
prescribed above (Ordinance 97-3097, Section 6-8.
B.7)THE FOREGOING
t~: 18165r~ I
0 13
EXHIBIT "I"
PUBLIC FACILITIES The proposed development will be serviced by those
roadway transportation facilities currently in existence as provided by state, county, and local
roadways. The proposed development will also be serviced by public transportation facilities
currently in existence, as provided by Miami-Dade County, the City of Miami Beach, and
such other governmental entities as may presently operate public transportation services
within the City of Miami Beach. Sanitary sewer, solid waste, drainage, and potable
water services for the proposed development shall be those services currently in existence and
owned or operated by Miami-Dade County, the Miami-Dade County Water and
Sewer Department,and the City of Miami Beach. The proposed development shall be serviced
by those existing educational facilities owned or operated by the Miami-Dade
Public Schools District. The proposed development shall be serviced by those existing
parks and recreational facilities owned or operated by the United States Government
within Miami-Dade County, by the State of Florida, by Miami-Dade County, and by the City
of Miami Beach. The proposed development shall be serviced by those existing health
systems and facilities operated by the United States Government within Miami-Dade County,
by the State of Florida, by Miami-Dade County, and by the City of
Miami Beach.The proposed development will also be serviced by any and all publIC
facilities, as such are defined in Section 163.3221(12) of the Act,
that are described in the Comprehensive Plan, specifically including but not limited
to those facilities described in the Infrastructure Element and the Capital Improvements
Element therein, a copy of which is available for public inspection in the offices of the City
Clerk of
tt: 18165r~ I
0 14
EXHIBIT "J"PUBLIC RESERV A TIONS/
DEDICA TIONS 1. The vacation of the Lincoln Road Property as described
in Section 7 of this Agreement. Provided that the vacation is granted, then,
subject to the creation thereof, the Lincoln Road Property shall be included within the Di
Lido Property to form a single site for the Planned Development with the area to be
measured to the centerline of Lincoln Road for purposes of floor area ratio calculations and
the permitted floor area ratio for the Di
Lido Property shall
be 2.5.2.
The Beachwalk Easement.3.
tt: 1816srt I
015 EXHIBIT "
K"REQUIRED DEVELOPMENT PERMITS AND
VARIANCES The following constitutes a generalized list of local permits anticipated as necessary to
be approved by the terms of this
Agreement:1. Design Review Approvals, pursuant to Section 18 of the
City of Miami
Beach Zoning Code.2. Historic Preservation Approvals, pursuant to Section
19 of the City of Miami Beach Zoning Code, including but not
limited to Certificate of Appropriateness.3. Variances, pursuant to Section 16
of the City of Miami Beach Zoning Code,
including but not limited
to the following:a. Front setback
variance b. Side interior pedestal setback
variance C. Side interior tower
setback variance d. Rear pedestal setback variance e. Variance
to permit construction above height of
dune f. Ocean front side yard setback g. Variance to
permit modification
of nonconforming
building or
use 4. Utility
Permits 5.
Demolition Permit 6. Building Permits 7. Street vacation Permits 8.
Environmental Permits
9. Hazardous Materials Removal Permit,
if removal of hazardous materials is
tt: , 816sr~ I
0 16 12. Public Works Permit,
Water and Sewer 13. Certificates of
Use and/or Occupancy 14. All other local governmental approvals as may
be applicable to the subject property from time to time pursuant to the
terms
of this
Development Agreement.N""""-'
OADE COIl ~'-""...L R~r""",,-
ReCORD NTY.
F(
OR.n4, ---HAR VERIFIED.. ~c