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M''i::n111 TOR N E Y SAT LAW
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June 17,2005
VIA HAND DELIVERY
Mr. Tim Hemstreet
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: 5th and Alton
Dear Tim:
Enclosed are:
1. Four execution counterparts of the Development Agreement, all for
execution by the City. The Developer has already executed them. Three original counterparts
are for the City and should be retained by the City. The fourth original counterpart should be
returned to the Developer. The City should date each counterpart of the Development
Agreement, in two places where noted with blue flags. The date should be the same date that the
City executes them. Once executed, the City is required to record the Development Agreement,
obtain a copy as recorded and submit it to the State Land Planning Agency. This procedure is
called for by Section 22.17 of the Development Agreement and is a condition to the
Development Agreement's becoming effective.
2. Three side letter agreements signed by the Developer. These do not
require execution by the City. They should be retained for your files.
3. Certain documents that I requested from the Developer to confirm the
Developer's due authorization and execution of the Development Agreement. There are still a
couple of missing documents to complete the process but I have asked the Developer to follow
up on them. I wi111et you know as soon as I have them.
4. A memorandum stating that I have reviewed the Development Agreement
and confirmed that it is consistent with the agreements reached between the parties.
Tim Hemstreet
June 17,2005
Page 2
The Declaration of Condominium is now being prepared. As you know, it is required to
include provisions which are attached to the Development Agreement. As soon as I receive the
initial draft, I will forward it to you and we can then meet to discuss it.
I have very much appreciated the opportunity to work with the City on this important
project. I look forward to seeing it become a real asset to the City.
Very truly yours,
Bri . Tague, P .A.
For he Firm
Cc: Jorge Gonzalez (w/o enclosures)
Murray Dubbin (w/o enclosures)
Raul Aguila (w/o enclosures)
Trish Walker (w/o enclosures)
Kevin Crowder (w/o enclosures)