HomeMy WebLinkAboutBerkowitz ltr to City Manager
AR&J SoBe, LLC
2665 South Bayshore Drive
Suite 1200
Coconut Grove, Florida 33133
May 26, 2005
City of Miami Beach
1700 Convention Center Drive
Miami, FL 33139
Att. City Manager
Re: City of Miami Beach/AR & J, SoBe, LLC Development Agreement
Gentlemen
Paragraph 4 (c) (iii) of Exhibit E to the Development Agreement requires the City
to "in good faith endeavor to provide a shuttle service or other public transportation for
Garage users to encourage parking during non-Retail Hours if there is a reasonable
demand for same such that doing so is practical." The undersigned hereby confirms that
its interpretation of the foregoing language does not unconditionally require the City to
actually provide a shuttle service or other public transportation, but conditions the
provision of same on the noted factors, which are in the discretion of the Commission.
This will further confirm our mutual agreement that, if it is determined that the
extended construction warranties provided for in the Condominium Act are not
applicable to commercial condominiums such as the one we contemplate, they will not be
obtained and the costs of maintenance, repair and replacement of components of the
proj ect after the normal warranty period will be included in Operating Expenses, to be
shared by the parties as will be provided for in the Declaration of Condominium.
Very truly yours,
By:
, by Berkowitz
p, its manager,
, its general
AR & J SoBe, L
Limited Partn s
by Berk
partner
G:\AAB Shared\City of MiaBeach Dev. Agree. let. 051205.doc