99-23402 RESO
RESOLUTION NO.
99-23402
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE VACATION OF 44TH STREET,
BETWEEN COLLINS AVENUE AND INDIAN CREEK DRIVE, TO
HOTELERAMA ASSOCIATES LTD., AS OWNER OF THE FONTAINEBLEAU
HILTON RESORT AND TOWERS, LOCATED AT 4441 COLLINS AVENUE; SAID
VACATION IN EXCHANGE FOR HOTELERAMA'S AGREEMENT TO CONVEY
OR DEDICATE TO THE CITY CERTAIN PROPERTY CONTROLLED BY
HOTELERAMA FOR THE RELOCATION AND CONSTRUCTION OF A "NEW"
44TH STREET; SAID RELOCATION AND CONSTRUCTION TO BE
UNDERT AKEN AND COMPLETED BY HOTELERAMA AT NO COST TO THE
CITY; FURTHER, GRANTING EASEMENTS TO THE CITY FOR LANDSCAPING
OVER THE SURFACE OF OTHER PROPERTY CONTROLLED BY
HOTELERAMA; AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A VACATION AGREEMENT, MEMORIALIZING THE TERMS AND
CONDITIONS OF THE AFORE STATED TRANSACTION, AS WELL AS ANY AND
ALL OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE
CONVEYANCES AND GRANT OF EASEMENTS, AS CONTEMPLATED HEREIN.
WHEREAS, Hotelerama Associates, Ltd. (Hotelerama) owns the Fontainebleau Hilton and
Towers, located at 4441 Collins Avenue, and intends to renovate and improve said existing property
with the construction of a new two hundred and fifty unit condominiumlhotel building, which
includes a new vehicular and pedestrian arrival plaza, to be located at the present location of 44th
Street, between Collins Avenue and Indian Creek Drive; and
WHEREAS, the City's Design Review Board approved this project on November 17, 1997,
contingent, among other things, upon the Mayor and City Commission and the Florida Department
of Transportation's approval of the vacation and relocation of the existing 44th Street, between
Collins Avenue and Indian Creek Drive; and
WHEREAS, accordingly, in connection with Hotelerama's proposed project, 44th Street
must be relocated southward on property controlled by Hotelerama; and
WHEREAS, in connection with the aforestated relocation, Hotelerama has requested that
the City vacate that portion of the existing 44th Street, between Collins A venue and Indian Creek
Drive, in exchange for Hotelerama's agreement to conveyor dedicate to the City certain property
controlled by Hotelerama for the relocation and construction of a "new" 44th Street, said relocation
and construction to be undertaken by Hotelerama, at no cost to the City; and
WHEREAS, in connection with the proposed vacation and relocation and construction of
the "new" 44th Street, Hotelerama has further agreed to grant easements to the City for landscaping
over the surface of other property controlled by Hotelerama; and
WHEREAS, the Administration has met with Hotelerama's representatives, as well as
representatives from the Florida Department of Transportation, with regard to the proposed vacation
of the existing 44th Street, and the proposed relocation and construction of the "new" 44th Street;
and
WHEREAS, pursuant to the aforestated discussions, the City and Hotelerama have
negotiated the attached Vacation Agreement, memorializing the terms and conditions of the
proposed vacation, relocation, and improvements to be undertaken; and
WHEREAS, the Administration has reviewed Hotelerama's request for the proposed
vacation, pursuant to the Criteria/Standards for Vacation or Abandonment of Streets or other Right-
of- Ways, as established by the City's Land Use and Development Committee on July 19, 1989, and
with regard to the requirements of Ordinance No. 92-2783 (the Ordinance), governing the sale and/or
lease of City property; and
WHEREAS, as required by the Ordinance, at its regular meeting on September 14, 1999,
the Mayor and City Commission set a public hearing for October 6, 1999, to hear public comment
regarding the proposed vacation and the conveyance incident thereto; and
WHEREAS, on October 6, 1999, said public hearing was opened and continued to
December 1, 1999; and
WHEREAS, as also required by the Ordinance, the City's Planning and Zoning Department
has prepared an analysis of the proposed vacation, using the criteria set forth in the Ordinance; and
WHEREAS, the Ordinance defines the "sale" of City property to include "any conveyance,
transfer, gift, exchange or other transaction in which legal title passes from the City to any person
or entity"; and
WHEREAS, the Ordinance provides that there shall be no sale of City property unless there
has been an advertised public bidding process and an independent appraisal of the fair market value
of said property, but, with regard to any sale, said requirements may be waived upon a 5/7ths vote
of the Mayor and City Commission, upon a finding that the public interest would be served by
waiving such conditions of bidding and/or appraisal for the disposition of the property; and
WHEREAS, accordingly, the Administration has received an appraisal, prepared by Joseph
Blake and Associates, Inc., relative to the proposed property to be vacated, but would request, due
to the intrinsically unique nature of the proposed vacation, that the Mayor and City Commission
waive the bidding requirements and, following said duly advertised public hearing, approve the
proposed vacation of 44th Street, between Collins A venue and Indian Creek Drive, to Hotelerama,
subject to the terms and conditions of the attached Vacation Agreement.
2
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
1. Pursuant to the requirements of Ordinance No. 92-2783, governing the sale and/or
lease of City property, the Mayor and City Commission herein waive, by Sl7ths vote, the condition
of bidding with regard to the proposed vacation, finding that the public interest would be served by
such waiver.
2. Following a duly noticed public hearing to hear public comment regarding the
proposed vacation, the Mayor and City Commission herein approve the vacation of 44th Street,
between Collins Avenue and Indian Creek Drive, to Hotelerama Associates, Ltd., as owners of the
Fontainebleau Hilton Resort and Towers, located at 4441 Collins Avenue, subject to the terms and
conditions set forth in the attached Vacation Agreement between the City and Hotelerama, including,
but not limited to, Hotelerama's agreement to conveyor dedicate to the City certain property
controlled by Hotelerama for the relocation and construction of a "new" 44th Street, to be undertaken
and completed by Hotelerama at no cost to the City; and further granting easements to the City for
landscaping over the surface of other property controlled by Hotelerama.
3. The Mayor and City Clerk are herein authorized to execute the attached Vacation
Agreement; additionally, the Mayor and City Clerk are herein authorized to execute any and all
necessary documents, including but not limited to such deeds and easements as may be necessary,
to effectuate the proposed vacation and comply with any and all other terms of the Vacation
Agreement.
PASSED and ADOPTED this 1st day of
December~1ii
MAYOR
ATTEST:
J-l1Jhtr fCLt~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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F:IA TTOIAGURIRESOSI44HTLRMA. VC2
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM NO.
B63-~4
TO:
Mayor Neisen O. Kasdin and
Members of the City mmission
DATE: December 1, 1999
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESOLU OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE V ACA TION OF
44TH STREET, BETWEEN COLLINS A VENUE AND INDIAN CREEK
DRIVE, TO HOTELERAMA ASSOCIATES LTD., AS OWNER OF THE
FONT AINEBLEAU HILTON RESORT AND TOWERS, LOCATED AT 4441
COLLINS ,A VENUE; SAID V ACA TION IN EXCHANGE FOR
HOTELERAMA'S AGREEMENT TO CONVEY OR DEDICATE TO THE
CITY CERTAIN PROPERTY CONTROLLED BY HOTELERAMA FOR
THE RELOCATION AND CONSTRUCTION OF A "NEW" 44TH STREET;
SAID RELOCATION AND CONSTRUCTION TO BE UNDERTAKEN AND
COMPLETED BY HOTELERAMA AT NO COST TO THE CITY;
FURTHER, GRANTING EASEMENTS TO THE CITY FOR LANDSCAPING
OVER THE SURFACE OF OTHER PROPERTY CONTROLLED BY
HOTELERAMA; AND AUTHORIZING THE MA YOR AND CITY CLERK
TO EXECUTE A V ACA TION AGREEMENT, MEMORIALIZING THE
TERMS AND CONDITIONS OF THE AFOREST A 'fED TRANSACTION, AS
WELL AS ANY AND ALL OTHER DOCUMENTS NECESSARY TO
EFFECTUA TE THE CONVEYANCES AND GRANT OF EASEMENTS, AS
CONTEMPLA TED HEREIN.
ADMINISTRA TION RECOMMENDATION
Adopt the Resolution.
ANAL YSIS
On November 17, 1997, the City's Design Review Board (DRB) approved a request by Hotelerama
Associates, Ltd. (Hotelerama), owner of the Fontainebleau Hilton ResOlt and Towers, to renovate
and improve the existing Fontainebleau Hilton Resort and Towers complex, located at 4441 Collins
A venue. As part of the project, a new 250 unit condominium/hotel building is proposed, which
includes a new vehicular and pedestrian arrival plaza to be located at the present location of 44th
Street and accessible from the proposed relocated 44th Street.
DATE
R15
12"'\-9'1
AGENDA ITEM
DRB's approval of this new vehicular and pedestrian arrival plaza, as well as the construction of
the 250 unit condominium/additional hotel building at 4441 Collins A venue, was contingent upon
the vacation and relocation of the existing 44th Street, to approximately 130 feet to the south. The
construction and development of the Fontainebleau Hilton site consists of five (5) phases. The
relocation of 44th Street is Phase III of this project, with a construction start date of May 200 I.
A request for the conceptual approval to relocate 44th Street, was originally scheduled on the
September 23, 1998 Commission meeting. The item was opened and continued to the October 7,
1998 meeting, when a public hearing was held, and approval was denied by the City Commission.
Concern was expressed relating to the overall project.
In early September 1999, Hotelerama submitted a request to the City to vacate the existing 44th
Street, and a public hearing, during the September 14, 1999 Commission meeting, was scheduled
for the October 6th meeting. The public hearing was opened and continued to December 1,1999.
A meeting with Hotelerama's representatives and Florida Department of Transportation staff was
held on September 27, 1999, to discuss the terms of a Vacation Agreement, regarding the terms and
conditions of the proposed vacation as well as the relocation and construction of the new 44th Street
(Attachment #1). Following approval by the City Commission, Hotelerama will have to prepare the
reports and permits required by the Florida Department of Transportation for the Project
Development and Environmental study, which may require about six months to finalize.
Hotelerama Associates, Ltd., owners of the Fontainebleau Hilton Resort and Towers, have requested
that the City vacate the existing 44th Street light-of-way, between Collins A venue and Indian Creek
Drive, in exchange for an equal property currently owned by Hotelerama, to be conveyed to the City
as the "new" 44th Street, with all relocation and construction responsibilities to be undertaken by
Hotelerama, at no cost to the City. Among the benefits resulting from the implementation of this
project are: enhanced landscaping in the area and upgraded utilities and improved pedestrian and
traffic flow. Additionally, the development of this project will better serve the expanding convention
business in Miami Beach.
Upon approval of this vacation, the applicant will be responsible for all permitting, relocation of
utilities, construction, engineering and legal fees and all procedures required by Miami-Dade County
and the Florida Department of Transportation, as memorialized in the accompanying Vacation
Agreement.
In addition to the City's Criteria/Standards for Vacation of Right of Ways, the proposed vacation is
alsp subject to the provisions of City Ordinance No. 92-2783 (the "Shapiro Ordinance"), governing
the sale of any City-owned property and requiring the following:
. a Planning Department analysis
. a public hearing to obtain citizen input
. an advertised public bidding process
. an independent appraisal to determine the fair market value of the property
Said Ordinance further provides that, the appraisal and bidding requirements may be waived by a
Sl7ths vote of the City Commission, upon a finding that the public interest would be served by
waiving such conditions. A public hearing has been scheduled on this date and the Planning
Department analysis of the proposed project is attached for City Commission consideration.
(Attachment #2). An appraisal prepared by Joseph Blake and Associates, Inc., has been submitted
for the addressed properties, a summary of which is attached (Attachment # 3). The differential in
square footage between the right-of-way parcel to be vacated and the exchange parcel to be
dedicated, is offset by the landscaping easements being granted by the Applicant on Collins Avenue
at 44th Street and the 4500 block. These landscaping easements, to be installed and maintained by
the Applicant, will provide for further enhancements of the streetscape improvements associated
with the Greenway Linear Park along Collins Avenue.
The City Commission should approve the vacation of 44th Street between Collins A venue and
Indian Creek Drive, in exchange for that certain property controlled by Hotelerama Inc., in
accordance with the attached Vacation Agreement. In addition, the Administration is requesting that
the Mayor and City Commission waive the public bidding requirements only.
,.1t AM? 14-
SRJrJB~/JAG/JGdP/JGG!NHPNGK
T:\AGENDA I I 999\DECO I 991REGULARIHILTON99 WPD
Attachments
VACATION AGREEMENT
This Vacation Agreement (this "Agreement") is entered into as of this 1st day
December, 1999 among the City of Miami Beach (the "City") and Hotelerama Associates, Ltd.,
a Florida limited partnership ("Hotelerama").
RECIT ALS
A. The City has become a popular destination for tourists, business people, trade groups,
conventioneers and others (collectively "Visitors");
B. As a result of the increase in number of Visitors, the City is in need of upgraded hotel
facilities, especially in the vicinity of the City's Convention Center;
C. Hotelerama intends to renovate (the II Renovation") and expand (the "Hotel
Expansion") its existing hotel located in the City commonly known as the Fontainebleau;
D. In connection with the Hotel Expansion a portion of Collins Avenue, also known as
44th Street, must be relocated southward on property controlled by Hotelerama (the "Relocation");
E. In connection with the Relocation, Hotelerama has requested that the City vacate a
portion of Collins Avenue (alk/a 44th Street), more particularly described in Exhibit" A" attached
hereto and incorporated herein by reference ("Parcel B"). In exchange, Hotelerama has agreed to
cause to be conveyed or dedicated to the City certain property controlled by Hotelerama more
particularly described on Exhibit "B" attached hereto and make a part hereof ("Parcel C") and to
grant easements for landscaping over the surface of other property controlled by Hotelerama as
herein provided; and
F. The City has approved the vacation of Parcel B as provided herein by Resolution No.
99- 2 3 4 0 2 dated De c . 1 , 1999, subject to Hotelerama's fulfillment of the conditions set forth herein
and execution by the City and Hotelerama of all accompanying documents and agreements set forth
herein.
NOW, THEREFORE, in consideration of the sum ofTen dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in
further consideration of the mutual covenants and obligations hereinafter set forth, the parties do
hereby agree as follows:
1.
reference.
Recitals. The foregoing recitals are true and correct and are incorporated herein by
G:\DMS\02256\09024\0205979.\ 0
9/8/\998
2. Roadwav Improvements.
a. Prior to the issuance of the building permit for the Hotel Expansion, Hotelerama shall
have received all required final approvals and permits from both the City of Miami Beach
Administration and the Florida Department of Transportation ("FOOT") and shall have commenced
construction of the relocation of Collins Avenue (44th Street) onto Parcel C in accordance with the
traffic study prepared by David Plummer & Associates, substantially as shown on Exhibit "C" (the
"Roadway Improvements").
b. Hotelerama shall diligently undertake the design, permitting and construction of the
Roadway Improvements and the Relocation in accordance with the phasing schedule set forth in
ORB Order No. 9194 for 4441 Collins Avenue dated December 8, 1997 (Exhibit "D") as that order
may be amended or modified. The currently applicable dates for the phased development approvals
are set forth in the July 21, 1999 letter from Jorge Gomez to Michael Larkin (Exhibit "E").
c. Upon completion of construction of the Roadway Improvements and acceptance by
the City Administration and FOOT, Hotelerama shall cause Parcel C along with all of the Roadway
Improvements to be conveyed to the City or, if directed to do so by the City, to FOOT for the
perpetual use of the public for roadway purposes, and City and/or FOOT, as the case may be, shall
accept such conveyance or dedication. In the event the City directs Hotelerama to convey the
Roadway Improvements directly to FOOT, at no cost to the City, Hotelerama shall comply with any
requirements which may be imposed by FOOT prior to conveyance.
3. Utilities. Hotelerama, at no cost and expense to the City, shall be responsible for the
following construction:
a. The relocation and/or removal of any utilities currently located in Parcel B;
and/or
b. Making such other arrangements, such as the granting of utility easements or
constructing new replacement facilities, as may be required by the owners of utility equipment
currently located in Parcel B.
4. Bond. Hotelerama shall require that its general contractor(s) provide a payment and
performance bond(s) for the Relocation and Roadway Improvements as required by the Public
Works Department and Florida Department of Transportation. Hotelerama shall deliver evidence
of the existence of the payment and performance bond for the Relocation and Roadway
Improvements to the City prior to the issuance of the permits for the Relocation and Roadway
Improvements.
5. Vacation Notice and Ouit Claim Deed. The City shall properly execute: (a) a notice
of vacation of Parcel B in a form to be recorded in the Public Records of Miami-Dade County,
Florida; along with (b) a quit claim deed evidencing the vacation of Parcel B in the form of Exhibit
"F" attached hereto; and shall deliver the notice and the quit claim deed to the escrow agent as
G:\DMS\02256\09024\0205979,IO
9/8/1998
2
provided in Section 7 as soon as practicable, but in no event later than the issuance of the permits
for the Relocation and Roadway Improvements.
6. Right of Way Deeds and Landscaping Easement. As soon as reasonably practicable
but, in any event, prior to the issuance of permits for the Relocation and Roadway Improvements,
Hotelerama shall deliver or cause to be delivered the following properly executed documents to the
City Attorney's office:
1. Right-of-way deed(s) dedicating Parcel C, in the form of Exhibit "H"
attached hereto
2. Opinion of Title
3. Landscaping Easement for the lands described on Exhibit "I" attached
hereto, in the form of Exhibit" J" attached hereto
4. Partial releases of any mortgages or other liens for any portions of Parcel C
that are encumbered, including but not limited to, partial release or
satisfaction for the items noted on Exhibit "G".
7. Escrow. The City Attorney's office shall act as the escrow agent and shall hold all
the documents provided for in this Agreement and shall not deliver said documents to either party
until the requirements of this Agreement have been met.
Upon completion of the Relocation and Roadway Improvements and compliance with the
provisions of paragraphs 2(c) and 8 of this Agreement, the City Attorney's office shall deliver all of
the documents furnished by the City or Hotelerama, other than the Opinion of Title (which shall be
retained by the City), to Hotelerama, and Hotelerama shall promptly record all of such documents
at its expense and deliver copies of the recorded documents to the City when returned from
recording, and Parcel B shall be permanently vacated.
In the event that Hotelerama abandons its plans for the Relocation, it shall promptly give
notice to the City of its intent to abandon and the City Attorney's office shall return the documents
to the party that initially furnished the documents and the vacation of Parcel B shall be deemed null
and void and the City and Hotelerama shall have no liability to each other and each party shall be
responsible for its own costs. In the event that abandonment occurs after construction has
commenced, Hotelerama shall take any and all actions as may be reasonably required by the City,
FOOT, or any affected utility to protect or repair any affected public property or utility equipment
or property. Such actions may include, but shall not be limited to, granting of easements and
physical repair or restoration of property or equipment.
8. Approval. In addition to the City, the Relocation and Roadway Improvements shall be
subject to review and approval of the FDOT to the extent that it also has jurisdiction over the
Relocation and Roadway Improvements.
G:\DMS\022S6\09024\020S979.10
9/8/1998
3
9. Floor Area and Height Limitations. Hotelerama agrees as a condition of the vacation
of the existing 44th Street to two additional limitations upon the Hotel Expansion:
(1) Hotelerama shall not receive any additional floor area rights as a result of the
vacation of 44th Street, therefore, the total permitted Floor Area on the properties owned by
Hotelerama along with the vacated portion of 44th Street shall be limited to the Floor Area permitted
before the vacation as of the date of this Agreement which is 2,056,421 square feet; and
(2) the height of the approved Hotel Expansion shall be reduced to thirty six (36)
stories, substantially as shown on the revised elevations dated October 4, 1999 which have been
determined not to be a substantial change to the existing DRB approval for the Hotel Expansion.
10. Title. Hotelerama shall deliver an opinion of title or such other evidence as the City
Attorney's office may reasonably require to insure the proper identification and
conveyance/dedication of the relocated right-of-way (Parcel C).
11. Cost. Hotelerama is solely responsible for recording costs and the cost of documentary
stamps or other taxes imposed on the conveyance/dedication and vacation contemplated by this
Agreement.
12. Documentation. The parties hereto warrant and represent unto each other that they and
the individuals executing this Agreement and any documentation used to effect the intent hereof,
have the full right, power and authority to enter into this Agreement and to execute the
documentation used herein on behalf of their respective party. Each party shall execute and deliver
to the other party such documentation as either party may reasonably request from time to time, to
effect the terms and intent of this Agreement.
13. Governilllz Law. This Agreement shall be interpreted by and construed in accordance
with the laws of the State of Florida.
14. Binding: Agreement. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto, their successors and assigns.
G:\DMS\022S6\09024\020S979.10
9/8/1998
4
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the dates
set forth below.
WITNESSES
~~ -r;:.:'~
<5.4{\)~Q~ -;JVJIL-LD
pr~ ~~
LI il 'A CA rcllllo
Print Name
THE CITY OF MIAMI BEACH
t/!fJA
Neisen O. Kasdin, Mayor
By:
Attestedt . e 1
BY:~ILJLw f cLt cQ,{).-^-
Robert Parcher, City Clerk
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE) l-.,
The foregoittg illStrument was acknowledged before me this 3 .jp day of 't~~
by Neisen O. Kasdin as Mayor and Robert Parcher as City Clerk of THE CITY OF MIAMI EACH,
on behalf of said City. Each is personally known to me or has produced a State of Florida driver's
license as identification.
My Commission Expires:
Sign Name: .~-'uA</<<t'I<#~
Pnnt Name: LillI A-d ~i'(j{)(!.J.-;tI/-1 0
. NOTARY PUBLIC '
Serial No. (none, ifblank): /Y'ur/R.,
TARY SEAL]
OFFICIAL NOTARY SEAL
. LILLJA.I\I BEAUCHAMP
N\rr~RY PUBLIC STATE OF FLORIDA
C,OMMISSION NO. CC738372
MY CUM\IiSSrON EX!'. N'R ?Q 2"102
APPRO\i' t.D f~ 1\. '...\
FORM & L'J'IGUi;\,(3E
& FOR EXECUllON
;J//E
I ~ojtl
~oie
G:\DMS\02256\09024\0205979.10
9/8/1998
5
HOTELERAMA ASSOCIATES, LTD., a
Florida limited partnership
)
) SS:
COUNTY OF MIAMI-DADE)
.--:;:00 0
The fo~~~?inginstr.um91t was acknowl~9ged before me this.d- day of, II+N J~,~
by .J:-If- rror/'l1l-l11J1-n/ as tltd.cc /Rp;/:Yir((;f KDM CORPORATION, a Florida
corporation, as General Partner of HOTELERAMA ASSOCIATES, LTD., a Florida limited
partnership, on behalf of the partnership. He is personally known to me or oduced a State of
Florida driver's license as identification.
WITNESSES
By:
'J, /
/rvvJ2~1
, mE L-f11'v1 ~ Ivl V!~~
Print Name
~. jl~~ 7
f\1~ L 1-1. So :J
Print Name
STATE OF FLORIDA
Sign Name:
Print Name:
My Commission Expires:
KDM CORPORATION, a Florida
corporation, its General Partner
By:
Print
Title:
r'IlJ.vf1..
~
(
NOTARY PUBLIC
Serial No. (none, if blank):
G:\DMS\022S6\09024\020S979.IO
9/8/1998
6
[NOTARY SEAL]
OFFICIAL NOTARY SEAL
IRMA C VEGA .
NOTARY PUBLIC STATE OF FLO'I
COMMISSION NO. CC7861.92
MY COMMISSION EX!', OCT. ?~20'.!) j
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E;.;hibit "D"
DESIGN RXVIXW BOARD
City of Miami Beach, Florida
MSSTING DATE: ~ove~ber :7, :997
IN R.:
The Application for Design Rev:ew Approval for the
demolitio~ of existi~g parKi~g ar.d storage
struct'...lre9, and ten::i.s cct:.r':s in order ':0
accommodate renovatio~9 and i~provements to an
existing hotel complex; said renovations and
improvements include a new vehicular and pedestrian
~rriva: plaza, as well as the construction of a new
tso unit, 41 story (400' to the top of the roof and
4~S' to the highest architectural projection)
condominium/hotel building. This project is
p.roposed t.o t.ake place in mul :iple phases as a
phased development project.
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4441 Collins Avenue
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T~e app-l,ic~nt,' Hoeelerama
. ,wi~~. the, Ci.ty of' Miami
. ?Ulierv.atiQn' .Di.vision ~or
Associate., Ltd., filed an application
Beach's Planning, Design , Historic
Design aeview approval.
'Tb.'City, of, Miami Beach's Design Review Board makes the following
, ~FIN]jINGS' OP' FACT:
1.
Ba.ed ~n the plans and documents submitted with the
application, testimony and information provided by the
aPFlican~, and the reasons set forth in the Planning, Design
and 1U'stor~c Preservation Division Staff Report, the project
as submitted i. not consistent with the Oesign Review Criteria
No.~'4',4.,6, '7,8,10,11,12,13 '14 in Subsection 18-2 of
Zoning: Ordinance No. 89-2665.
2.
T~. prQj.ct would be consistent with the afore-stated criteria
and ~~~r.ment. ~f the following ~ondition. are met:
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~. The ~acation and reloeation of the 44th Street right-of-
way must be approved by the City Commission and the
Florida Department of Transportation (FOOT).
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2, Revised elevat~on and e~te plan drawings shall be
submitted to and approved by $~aff; at a m~nim~m, said
drawings shall ~ncorporace the fo:~owi~g:
a.
bo.
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The so~th, east and west elevations of the pedestal
port:.on of the pro] ect, in:ludlng tr-.e southwest
corner, ahal~ be redesLgned so as to ~ake a
stronger architectural statement, lntegrate more
appropriately with the tower and better address the
street and sidewalk along Collins Avenue and 44th
Street, in a manner to be approved by staff.
Axonometric and three (3) dimensional details,
sections and drawings of All elevations shall be
required.
c.
The roof-top crown on the proposed tower shall be
substantially reduced in diameter and its design
simplified to provide a more graceful crescendo, in
a manner to be approved by staff.
d.
The: details, dimensions and final design of the
propo8ed new entry canopy shall be subject to the
review and approval of staff; the overall height of
said canopy shall be reduced to the greatest extent
po.sible.
e..
The, overall plan of the ocean courtyard area shall
be made le.8 organic and more architecturally
appropriate to the original Fontainebleau Hot:.el
structure and site designed by Morris Lapidus, in a
manner consistent with the landscape plan submitted
at the November 17, 1997 meeting (Exhibit "A") and
subject to the review and approval of staff.
f'.
The applicant, in con8ultation with the Florida
Department of Transportation (FOOT), the City of
Miami Beach Public Works Department and Planning,
Oe~ign and Historic Preservation Staff, shall
rev.i.e the vehicular circulation plan for the
proposed new entrance plaza on the south side of
the project site; specifically, said area shall be
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redesigned and subscantially simpli::..ed so as to
provide a clearer sense of :~e westward c~r~e and
traf:ic 1"lOvement along Co:':ir.s Avenue as wel:' as
provide a unif~ed and less confusing entrance to
beth the ?ontai~ebleau and sovereign Hotels in
concert with mini~izing vehicular movement in and
out: of the parking garage.
g. The east elevation of the pedestal of the new tower
on the south side of the property shall be refined
in order to better relate the lobby of the new
tower with the proposed outdoor plaza, subject to
the review and approval of staff.
3 .
. A.. revised landscape plan, and corresponding site plan,
. prepared by a Professional, shall be submitted to and
~pproved' by staff. The species type, quantity,
dimensions. spacin9. location and over.ll height of all
plant material shall be clearly delineated and subject to
the review and approval of staff. At a minimum, said
. plan shall incorporate the following:
a.
A fully automatic irrigation system with loot
coverage and an automatic rain sensor in order to
render the system inoperative in the event of rain.
b.
Tbe south and west sides of the property shall
inoorporate a more unique and visual stimulating
plant palette, including a better link between the
land.cape areas along the south side of the
pr~erty and southwest corner and the architeotural
de.ign of the vehicular entrance areas on the south
side of the property, subject to the review and
approval of staff.
0".
Final design drawings and details of the propoeed
entry plaza on the south side of the properly shall
be ,submitted to and approved by staff.
d.
Vehicular access to the
newly created pedestrian
side of tbe property
consultation with the
parking gara.ge from the
entry plaza on the south
shall be refined in
Florida Department of
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7ransportation (:D01) t :::e City of Miami Seach
I?ubl:.c Works Depar,::nent a:1d ?lar.ni:'l.g, Design and
Historic I?reservat:.on Staf:; all vehicular access
points on the south side of t~e property s~ould be
relocaced adjacent to the proposed service dOCK, in
a manner to be approved by staff.
4. The final exterior surface co:or scheme, i~cluding color
samples, shall be subject to the review and approval of
staff and shall require a separate permit.
s.
6.
7.
8:.
Final building plans shall meet the concurrency
requirements of Section 22 of the Zoning Ordinance and
~ball meet all other Zoning Ordinance requirements.
Manu.facturers drawings and Dade County product approval
numbers for all new windows, doors and glass shall be
required.
All; roof-top fixtures, air-conditioning units and
meonanical devices shall be clearly noted on a revised
roof plan and shall be screened from view.
T~. project shall c~lY with any landscaping or other
e~de;walk/street improvement standards as
~r.8cribed by an urban design master plan for
Avenue approved prior to the completion of the
anci the: issuance of a Certificate of Occupancy
final Phase V.
may be
Collins
project
for the
9.
ALl new'and altered elements, spaces and areas shall meet
the requirement. of the Florida Accessibility Code (FAC).
10.
,..The 8Uibj.ect project is hereby approved as a Phased
D~~.lovm-nt project: specitically, the following phasing
'.chedule .hall govern the approval of this project:
.tDO XI
Renovation of Chateau ~uilding, North
Building, construction of new Children'S
pool and associated exterior
mod:l'U.c:atione. A Full Building Permit
for this Phase of the project shall be
obtained within twelve (12) months of the
4
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PHASE II:
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:":',eeting date on which ~:us project ''''as
approved ar.d =or.s:ruction sha~~ commence
no ~a~er :han eighteen (:8) ~onc~s of t~e
:neeting date on '",hich thi9 project wa.s
approved. and cor.t~r.ue di~igently through
complet ior..
Interlor and exterior renovat~ons to the
Sorrento Buildi~g. A Full Building
Permi t for this Phase of the proj ect
shall be obtained within twenty-four
(24) months of the meeting date on which
thi. project was approved and
co~truction shall commence no later than
thirty (30) months of the meeting date on
which this project was approved, and
continue diligently through completion.
Roadwa.y relocation (44th Street). site
assembly and creation of ground level
parking on the former roadway 9i te. A
Full Building Permit for this Phase of
the project shall be obtained within
thirty (30) months of the meeting date on
which this project was approved and
construction shall commence no later than
thirty-six (36) months of the meeting
date on which this project was approved,
and contin~e diligently through
completion.
Demolition of existing parking structure
ancl tennis courts, construction of new
entry and parking below entry,
modification to gardens and swimming
pool.. A Full Building Permit for this
Phase of the proj ect shall be obtained
within thirty-six (36) months of the
meeting date on which this proj ect was
approvecl and construction shall commence
no later than forty-two (42) months of
the meeting date on which thia proj ect
was approved, and contin~e diligently
through completion.
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PHASE V:
Demo:~tlo~ ~: west Wl~g of Sor~ento
Building and s~rface parking :ot,
constr..icticn 0: :'.ew ~ower. A F'..l::"
Bui:ding Permit for this Phase of the
project shall be obtained within fifty-
four (54) months of the meet~ng date on
which t~~s project was approved and
constr...ction shall co~mence no later :han
sixty (60) months of ~he meet~ng date on
which this project was approved, and
continue diligently through completion.
11. '
The applicant shall appear before the Design Review Board
and. submit a progress report within thirty (30) days
after the conclusion of each phase of the project. For
PUtrposeg of this condition, "conclusion" shall mean the
issu~nce of the first Temporary Certificate of Completion
or Temporary Certificate of Occupancy, as applicable, or,
if no Temporary is issued, then the Final Certificate of
Completion or Final Certificate of Occupancy, as
applicable.
~2.
I~ t~e event a Full Building Permit for each of the above
noted phases is not timely ODtained or construction is
.Dot timely commenced or does not continue diligently
through cOll\Pletion, then this DRB Order and approval for
,tne: entire project shall be deemed null and void, and the
applicant shall be required to recommence the Design
'R~iew proce.. by .~..ion of an application for review
for all aspecta of the project not completed as of the
date of~ the expiration of this Order. For example, and
for purpo... of illustration only, in the event the
applicant fails to timely ODtain a Full Building Permit
'fo~ Pha.e II, or fails to timely commence construction of
Ph... II and diligently continue through completion, then
t~~. ORB Order shall expire and the applicant shall noe
. be ent 1t led to proceed with additional development with
respect: to Phase II or development of Phases III-V,
'iuclusi.v..
~J, Planning, Oesign and HistoriC Preservation staff must
approve all a.pec~. of each phas., prior to the issuance
of a Building Permit, as if the subsequent phases were
6
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not. contempl.ated, ':0 lnsure :he desig!". a:,.d aes:r.e':i::
completeness of each phase.
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14. 7he above noted ?haseS :,:".'..lst be construct.ed in t.he
chronological order set fort.h (Phase ! thro~gh Phase V)
unless a modificatio~ to this Order is approved by the
~sign ReVlew 30ard at a duly noticed hearing; provided,
hOwever, in the event any portion of the proJect shall be
or shall become (and shall remain) nonconfcrmlng at any
time subsequent to the dace of submission of the
completed application to the Design Review Board for the
project (as determined by the Planning and Zoning
Dir~~~or~ then the time periods set forth for obtaining
p~rmit. and commencing construction with respect to each
phase shall not be eligible to receive an extension of
. ti~e granted by the Design Review Board for any reason,
in accordance with the requirements of Section 16-2.H.3
of the City'S Zoning Ordinance.
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"i. ,-'IT' ts'HEREIlYORDEIUlD. based upon the foregoing findings of fact and
:- '.: ,,,the' staU report and anal ysi.. which is adopted herein · including
;, ! ' ' " ',t'he, st af f' reC_enda tions which were amended by the Board, that the
. .::- .," .(~APP'lic:at.i.on for oeaign Review approval is granted for the above-
, :"..,; : "te.ferenced,' projec~ conditioned upon the following. to which the
. '<,,' , .. -:.~~p+icane has agreed:
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The vacation and relocation of the 44th Street right-of-
way mUlt be appro"led by the City commission and the
Fl~ida Oepartmene of Transportation (FOOT).
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2. . Revised elevation and site plan drawings shall be
submitted to and approved by staff; at a minimum, said
~raw1ng. shall incorporate the follo~ing:
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a.
The south, east and weet elevations of the pedestal
portion of the pro,j ect, including the southwest
corner, shall be redesigned so al to make a
It%onger architectural statement, integrate more
appropriately with the tower and better address the
stre.~ and sidewalk along Collins Avenue and 44th
Street. in a manner to be approved by staff.
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AXonometric and three ()) dimensional details,
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sec:ions and drawi~gs of all e~evat~ons shal: be
required.
c. The roof.top crown on :he proposed :ower shall be
subatant ial:' y reduced :':1. :iiame':er and i ':s design
si~plified to provide a ~ore graceful crescendo. in
a ~anner to be approved by staff.
d.
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The details, dimer.sions and fina:' design of :'r-.e
proposed new entry canopy shall be subject to the
review and approval of staf:; the overall height of
said canopy shall be reduced to the greatest extent
possible.
The overall plan of the ocean courtyard area shall
be made less organic and more architecturally
appropriate to the. original Fontainebleau Hotel
strUcture and site designed by Morris Lapidus, in a
manner cOnsist.ent with the landscape plan submitted
at the November 17, 1997 meeting (Exhibit "A") and
subject to the review and approval of staff.
f.
l'he: applicant, in consultation with the Florida
Department of Transportation (FDOT), the City of
Miami Beach Public Works Department and Planning,
Design and Historic Preservation Staff, shall
revise the vehicular circulation plan for the
proposed new entrance plaza on the south side of
the,projece site; specifically, said area shall be
redesigned and substantially simplified so as to
provide a clearer sense of the westward curve and
traffic movement along Collins Avenue a. well as
provide a unified and lesa confusing entrance to
both the Fontainebleau and Sovereign Hotels in
CODcere with minimizing vehicular movement in and
auto! the parking garage.
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The...t elevation of the pedestal of the new tower
on the south side of the property shall be refined
in 'orde.r t.o better relate the lobby of the new
tower with the proposed outdoor plaza, subject to
the: review and approval of staff.
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3. A revised :~~dscape p~an, and correspo~ding 9~:e p:an,
prepared by a ?rofessional, shall be 5~bml.tted to and
approved by staff, '!'r.e species t.ype, q'..:.ar.t.ity,
dimensions, spaclng. :ocatio~ and overall ~e~ght of all
plant ~aterlal shall be c:early delineated and suOJect to
t::e review and approval of staff. At. a min:.~,u:n, said
plan shall :.ncorporate t.he fo~lowing:
a.
A fully automatic irrigation system wich 100%
coverage and an automatic rain sensor in order to
render the system inoperatlve in the event of rain.
.b.
The south and west sides of the property shall
incorporate a more unique and visual stimulating
plant palette, including a better link between the
landscape areas along the south side of the
property and southweet corner and the architectural
design of the vehicular entrance areas on the south
side of the property, subj ect to the review and
appro~al of staff.
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Final design drawing8 and details of the proposed
, entry plaza on the south side of the properly shall
be submitted to and approved by staff.
c.
d.
vehicular access to the parking garage from the
newly created pedestrian entry plaza on the south
side of the property shall be refined in
consultation with the Florida Department of
Transportation (FOOT), the City of Miami. Beach
Public Works oepartment and planning, Design and
Historic Preaervation Staff; all vehicular acce.s
points on the south side of the property .hould be
relocated adjacent to ehe proposed service dOCK, in
a manner to be approved by staff.
4.
Th8 fina~ exterior surface color scheme, including color
_-.arPles,. sh.ll be subject to the review and approval of
_eali and shall require a separate permit.
5.
tinal building plana sball meet the concurrency
requirement. of Section 22 o~ the Zoning ord1nanca and
$nall meet all other zoning Ordinance requirements.
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6. Manufacturers drawlngs a~d Oade Cou~:y product approval
numbers for all new w :...::dows, doors ar.d glass sha:'l be
required.
7,
All roof-top fixtures, air-co::ditio:1ir.g
mechanical devices shall be clearly ::oted
roof plan and sha:'l be scree::ed from view.
unita and
on a revised
8. The pro) ect sha:l cOfl',ply wi tn any : a:1dscaping or other
~idewalk/street improvement standards as may be
prescribed by an urban design master plan for Collins
Avenue approved prior to the completion of the project
and the 'issuance of a Certificate of Occupancy for the
final Phase V.
9.
All new and altered element9. spaces and areas shall meet
the requirements of the Florida Accessibilicy Code (FACl.
10. The subject projecc is hereby approved as a phased
Development Project; specifically, the following phasing
scbedule shall govern the approval of this project:
PDR- I ~
Renovation of Chateau Building, North
Building, construction of new Children's
Pool and associated exterior
modifications. A Full Building Permit
for this phase of the project shall be
obeained within twelve (12) months of the
meeting date on which this proj ect was
approved and construction shall commence
no later than eighteen (18) months of the
meeting date on which chi. proj ect was
approved, and coneinue diligently through
completion.
PD81I lIs
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Interior and exterior renovations eo ene
Sorrenco Building. A Full Building
permic for this Phase of the project
shall be obtained within twenty- four
(24) months of the meeting date on which
this project was approved and
construction shall commence nO later than
thirty (30) months of the meeting dace on
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P9SK III:
PDSB IVl
.pHASS V:
which ~hlS pr~Ject was approved, ar.d
ccnt~~~e j~:~gently through comp~etion,
Roadway relocation (44th Street) I 9ite
a9e-emb::'y ar.d creacion of ground level
parl<:ing on cr.e for~r roadway site. A
full Building permi': :or this Phase of
che pro)ec~ 9hall De obtained within
thirty (30) months of the meeting date on
which this project was approved and
construction shall commence no later than
thirty-six (36) months of the meeting
date on which this project was approved,
and continue diligently through
completion.
Demolition of existing parking structure
and tennis courts, const.ruct.ion of new
en.try and parking below entry,
modification to gardens and swimming
pools. A Full Building Permit for this
phase of the proj ect shall be obtained
within thirty-six ()6) months of the
meeting date on which this proj ect was
approved and construction shall commence
no later than forty-two (42) months of
ehe meet.ing date on which this proj ect
was app~oved, and continue diligently
through completion.
Demolition of west wing of sor~ento
Building and surface parking lo~,
construction of new tower. A Full
Building Permit for ehis Pha.e of the
project shall be obtained within fifty-
10ur (54) months of the meet.ing date on
which this project was approved and
construction shall commence no later t.han
sixty (60) months of the meeting date on
which this project was approved, and
continue diligently through completion.
ll~
The applicant .hall appear before the oesign Review Board
and submit a progress report within thirty (30) days
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after t~e conc:~sion ef each phase of :he ?rojec~, Fer
purposes of t:-'~3 cOI"'.1i':1.0n,'concllls:..on" sr.all ~.ean :he
issuance of t~e flrst Temporary Cer,:ificace 0: Completion
or Temporary Certificate ef Occ~pancy, as applicable, or,
if ~o ~mporary is issued, ':hen the Final Cercificate of
comp:ecion or Fi~al Certificate 0: Occupancy, as
applicable.
12.
to the event a Full Building Permit for each of the above
noted phases is not timely obtained or construction is
not timely commenced or does not continue diligently
tb~ough completion, then th~s DRB Order and approval for
~he entire project shall be deemed null and void, and the
applicant shall be required to recommence the Design
Review process by submission of an application for review
for all aspects of the project not completed as of the
date of the expiration of this Order. For example, and
for purposes of illustration only, in the event tne
appli~ant fails to timely obta1n a Full Building Permit
tor Phase II, or fails to timely commence construction of
pnase 11 and diligently continue througn completion, then
this DRB Order shall expire and the applicant shall not
be entitled to proceed with additional development with
'respect to Phase II or development of Phases III -v,
inclusive.
,13.' PlaIU1ing, De.ign and Historic preservation staff must
approve all aspectl of each phase, prior to the is.uance
of a Building Permit, as if the subsequent phases were
not contemplated, to insure the design and aesthetic
completene.. of each phase.
14.. .Th~ above noted Phases muse be con.tructed in the
~hronol~ic.l order set forth (Phase I through Phase V)
unle.. :a modification to this Order is approved by the
oesfgn Review Board at a duly noticed hearing; provided,
'hONever~ in the event any portion of the project ehall be
or shailbecome (and shall remain) nonconforming at any
tim. subsequent to the date of submission ot the
'dompleeed applicaeion to the Design Review Board for the
~o~.ct (as determined by the Planning and Zoning
'Director) then ehe time periods set foreh tor o~~aining
permits and commencing construction with respect to each
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No bui;ding permit ~ay be issued for any ot the phases of
development noted herein unle.. and untl~ all applicable condl:ione
'for each pha.e of approval a. set forth herein have been ~et, The
'i.suanoe of ;)O.ign Review approval does not re~ieve tr.e applicant
-from obtaining all other required Municipal. county and/or State
'reviewS and permit.. including zoning approval, If adequate
:handi~aPP"d a"ce'" i. not provided. this approval does not mean
,:that 'such handicap,ped aoceSS i. not required or that the Board
;;,'supportS an applicant' s effort to seek waivers relating to
,handicapped accessibility requirements.
pha.e shall not be el.gible 00 recelve an exten.,cn of
~ime gran~ed by ~he ~eeign ~ev~ew Board for any reason,
in acoordance with the re~".re~ents of Section la-2,H,]
of che City's zoning ordinance.
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,,:.;-;:;:rv-;i..a, , D~"l. el.QD ~ I f all of the applicable condi t ion.
, ,'pertaiiUng,'co each phaee u:e satisfactorily addressed. the plan.
.' \' ,:,,; win b,e ;-evie...ed fo;- building per1lli 10 app;-oval. NO (2) .et. wi 11
'" ,,' be retUrned 't" you' fo;- .ublli""ion fo;- a building per1lli t and one ( 11
..et' ~ill.be,i:etained for the Oeoign R.vi.W Board'. file. If the
requi;-ed'l?uiJ.-ding'pentiU for each phue specified herein a;-e not
'issued'within tbesp8cified time period. and construction for each
," ph... does not c".....nce within the specified time periodo. and
" :', conti""e. dnig-tly through completion, tile oesign Revi.w approval
, for thS entire project will expire and become null and void,
.' oated thiiO K.th-. day "f ~A'J~ -' 1997.
DIS1011 J,BVIBW BOARD
City o~ Miam1 B.ach, Florida
S'wJ K. Gwv/ {Jvw;
Chairperson
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. Approved .. to For1Z\:
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offic of he
1 (Initial.tDate)
. F:\PLAN\$DRB\DRB97\NOVDRB97\9194.FO
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City
AttOrney
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Exhibit "E"
m
c.TY OF MfAMI BEACH
PLANNING OEPARTMeNT
CI'T'V H..u.. 1700 CONVENTION CeNTER DRIVE MIAMI BEACH FLORIDA 33139
-
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'~""'N': :3051 .73-7550
.,cs",u; :3051 873.7551
July 21, 1999
Mr. Micheel Larkin
Bllzin, Sumberg, at el. LLP
2500 First Union Financial Center
200 South Biscayne Blvd.
Miami, FL 33131-2336
RE: Design Review File No. 9194
Hotelerama Associates ltd. (Fontainebleau Hilton Resort and Towers)
, Revised Tlmeframes for Obtaining Required Building Permits
Dear Mr. LarkIn:
I am writing in response to 'four July 18, 1 999 correspondence concerning the above,
noted matter. With r~ard to the detailed ttmeftne of the tolling period for the subject
project, which was attached to your JulV 1 e, 1999 correspondence, I would like to
confirm its accuracy relative to Phase I of the subject project.
Further, pursuant to the actIon of the .Board of Adjustment, the following shall
reprssent the ravlsed tlmefremes to obtain the required Building Permits for the
remainder of the phase. of the subject project, a. hereto Indicated:
PHASE I: Renovation of Chateau Building, North Building, construction of new
ChUdren's Pool and e..octated exterior modifications. A Full Building
Permit for this Phsse of the project shall be obtained by November 9,
1999 and construction shall commence no later than six (6) months of
this date, and continue ditigentlv through completion.
PHASE II: Interior and exterior renovltiona to the Sorrento Building. A Full Building
Permit for this Ph..e of the project shell be obtained by November 9,
2000 and construction shall commence no later than six (6) month. of
this date, and continu. cUIIgently through completion.
PHA81111: Roadwey relocation (44th Str..t), .it. ....mbly and cre.tlon of ground
level parking on the former roadwIY site. A Full Building Permit for this
Phase of the project shall be'obtained by Mey 9, 2001 and construction
sna.' commence no later tt1en sbe (8) month. of this date, and continue
diligently through compl.tion.
PHASE IV: Demolition of existing parking structure and tennis court., construction
of new entry and p.rklng below entry, modification to garden. and
swimming pool.. A Full Building Permit for thl. Phi.' of the project shan
be obtained by November 8, 2001 and conatl'uction shell commence no
_ _ ~)l __'\j~'.l~
= 3..X: 3CS6/~7SSg
77
~, :3/,':.3
July 21, 1999
Page Two
later than six (6) months of this date, and continue diligently through
compl&tion,
PHASE V: Demolition of west wing of Sorrento Building and surface parking lot,
construction of new tower. A Full Building Permit for this Phase of the
project shall be obtained by May 9, 2003 and construction shall
commence no later than six (6) months of this date, and continue
diligently through com~etion.
As you may be aware, the Final Order for this project requires that the applicant
appear before the Design Review Board and submit a progress report within thirty (30)
days after the conclusion of each phase of the project. In this regard, "conclusion"
shall mean the issuance of the first Temporary Certificate of Completion or Tempora""
Certificate of Occupancy, as applicable, or, if no Temporary is issued, then the Final
Certificate of Completion or Final Certificate of Occupancy, as applicable.
The Final Order also specifies that in the event a Full Building Permit for each of the
phases of the project is not timefy obtained or construction is not timely commenced
or does not continue diligently through completion, then the ORB Order and approval
for the entire project shall be deemed null and void. If you have any questions with
regard to any of the foregoing, plea.. contact either myself or Tom Mooney.
Please note that this letter ,. strictly limited to the conclusions set forth above, based
upon the facts and informltion aVlillbre a. of the dlte, "ereof. Failure to respond to
or address any of the facts, statements or conditions, contained in your letter of July
18", 1999 should not be con.trued a. an acknowledgment, confirmation, agreement
or approval, of any kind or manner of such information.
Sincerely,
J A GOMEZ
frector,
Planning Department
JG:TRM
F:\PLAN'.ALL\GEN _ CORR\EXTEANAL\JG9194-1. WPO
c: J. Gavarretl
P. Azen
ORB File #9194
Ex h i bit " F"
?~ep :ea =y ~~~ :~~-=~ :::
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QUIT CLAIM DEED
T~~S ~~=T ~~~=~ =~~: ~3 ~ade as of the day ~:
~._. ~jjj, 8Y :~e CITY OF MIAMI BEACH, ~hose 903: ~::~~e
address 13 :~:j ~a~:, ~-:J :o~vention Center Drive, Miami Beach,
E'lorida 33::'39, :-.e:-ei~af:e:::- called the Grantor, to HOTELERAMA
ASSOCIATES, LTD., a ::l'J:::-:da l.:.m::ed partnership, whose post c::i~e
address is 4441 :o11i~s Avenue, Miami Beach, Florida 33141,
hereinafter called the Gra~tee (wherever used herein the terms
"Grantor" and "Grar'.tee" include all the parties to this instrument and
the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations)
WITNESSETH: That the Grantor, for and in consideration of the sum
of $10.00 and other valuable considerations, receipt whereof is hereby
acknowledged, does hereby grant, bargain, sell, alien, remise,
release, convey and confirm unto the Grantee all of its right, title
and interest in the following described land situate in Miami-Dade
County, Florida, viz:
See legal description attached hereto and made a
part hereof as Exhibit "A".
Said property does not have a Folio number, as it is a former public
street.
Subject to:
1. Zoning and other governmental rules, regulations and
ordinances.
2. Restrictions, covenants, conditions and easements of record,
without intent to reimpose or reinstate same hereby.
3. General and special taxes or assessments for the current
year.
TOGETHER with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
By this conveyance, Grantor waives and releases any reservation
of rights pertaining to phosphates, minerals, metals and/or petroleum
that may be in, on or under said property.
IN WITNESS WHEREOF, the said Grantor has caused this instrument
to be executed as of the day and year first above written.
G:\DHS\02256\09024\0253373.03
8/5/99
S:;~ed, sealed and del:~ered
':':1 Jur p:-esence:
GRANTOR:
CITY OF MIAMI BEACH
5:..gn:
?r.:.r.t:
3y:
~elsen O. Kasdin, Mayor
Attest:
Sign:
?r:..nt:
Robert Parcher, City Clerk
STATE Of FLORIDA
S5:
CCUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this
day of , 1999, by Neisen O. Kasdin, as Mayor, and Robert
Parcher, as City Clerk, of the CITY OF MIAMI BEACH, on behalf of said
entity. They are personally known to me or produced driver's licenses
as identification.
Sign Name:
Print Name:
My Commission Expires:
NOTARY PUBLIC
Serial No. (none, if blank) :
[NOTARY SEAL]
G:\DMS\02256\09024\0253373.03
8/5/99
2
Exhibit "e"
1. :i::.a1. Jrder:s issued by t:te City of Miami. Beach rec:nded in JffL:lal
Records 300r: 15651, l?age 2236, in Official Records Book i561:1, ?age
23<:::7, in)ffi.cial Records Book 15619, l?age 2806, in Official Records
30ck 15619, l?age 2799, in Official Records Book 15619, Page 2798,
in Cfficial Records Book 15456, Page 3337, and in Official Records
30Gr: 15:;56, Rage 3342, all of the Public Records of Jade County,
flor:..ja.
2. Notices of Lien filed by the City of Miami. Beach, recorded in
Official Records Book 15907, Page 3264, in Official Records Book
15859, Page 4571, in Official Records 15859, Page 4569, in Official
Records Book 15749, Page 2300, in Official Records Book 15749, ?age
2298, in Official Records Book 15635, Page 3183, in Official Records
Book 15595, Page 2876, in Official Records Book 17268, Page 1746,
in Official Records Book 17546, Page 3119, and in Official Records
Book 17546, Page 3120, all of the Public Records of Dade County,
Florida.
3. The effects of Affidavits of Non-Compliance filed by the City of
~ami Beach recorded in Official Records Book 15907, Page 3263, in
Official Records Book 15859, Page 4570, in Official Records Book
15859, Page 4568, in Official Records Book 15749, Page 2299, in
Official Records Book 15749, Page 2297, in Official Records Book
15635, Page 3182, and in Official Records Book 15595, Page 2870, all
of the Public Records of Dade County, Florida.
4. Claim of Lien in favor of the City of ~amj, Beach recorded In
Official Records Book 18408, Page 2875, of the Public Records of
Dade County, Florida.
204680.02
Sxhioi~ "n"
:~~3:~ by 1nd :etu:n :0:
::::-.)~'J. ,3::::',.Jn, Ssq.
2.._Z':":-:' '~-:,J::e;::,g Dunn ?:-ice ~ .2..xel:'Jd ~:..?
~~,~ ?~:3: ~~ion ?inancial Cen:er
~3.:n.:., ::;'.Jrlda 33U1
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made as of the
A.D. 1999, by
Nhose post office address is
ereinafter called the Grantor, to the CITY OF MIAMI BEACH, whose post
office address is City Hall, 1700 Convention Center Drive, Miami
Beach, florida 33139, hereinafter called the Grantee (wherever
herein the terms "Grantor" and "Grantee" include all the parties
this instrument and the heirs, legal representatives and assigns
individuals, and the successors and assigns of corporations) .
day of
, a
used
to
of
WITNESSETH: That the Grantor, for and in consideration of the sum
of $10.00 and other valuable considerations, receipt whereof is hereby
acknowledged, does hereby grant, bargain, sell, alien, remise,
release, convey and confirm unto the Grantee, to be used for road
right-of-way purposes only, the following described land situate in
Miami-Dade County, Florida, viz:
See legal description attached hereto and made a
part hereof as Exhibit "A".
Said property is included within Folio Nos.
and
Subject to:
1. Zoning and other governmental rules, regulations and
ordinances.
2. Restrictions, covenants, conditions and easements of record,
without intent to reimpose or reinstate same hereby.
3. General and special taxes or assessments for the current
year.
TOGETHER with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with the Grantee that Grantor
will defend the title to said land against the lawful claims of all
persons claiming by, through or under said Grantor.
This is not a conveyance of all or substantially all of the
assets of Grantor.
,G:\DMS\02256\09024\0253371.03
8/5/99
:~J ~::~JE33 ~H2?~J~! :~e saij 3r3~:~r has =aused ~~~3 ~~3tr~rre~~
~~ be exec~=~d 3S ~f the =ay 3~d jear ~irst 3bove ~rlt:en.
Sl]r:ed, sealed and delive::-ed
:.:1 'J'J.r ;::-esence:
G?~;NTOR :
Siqn:
?rl.n::
Siqn:
E'rl:1t:
By:
Name:
Title:
STATE OF FLORIDA
S5:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this
day of , 1999, by
of
He is personally known to
driver's license as identification.
, as
, on behalf of said
me or has produced a
Sign Name:
Print Name:
My Commission Expires:
NOTARY PUBLIC
Ser ial No. (none, if blank)
[NOTARY SEAL]
G:\DHS\02256\09024\0253371.01
8/5/99
2
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Exhibit "]"
?~e~ red 6~' 3~~ ~~:.~=~ ~=:
..:..::-.:: j .::.... 3:--:>..::', '::3 =i.
3:'_2 :1 .3~~'TLi:,e::; :::::J:-'.:-. ?::.:e ; ......x2_::d :"'::"'2
2SJO ?i~s: ~~:.on ~:'~3nc:'3: :~n:er
:-::.. 3:r.l. , ? ~ :: :: :. ia. 3 ~ : 3 :.
LANDSCAPING EASEMENT
This ~asement is entered into as of the day of
1999 between HOTELERAMA ASSOCIATES, LTD., a Florida limited
partnership ("Grantor"), '",hose address is 4441 Collins Avenue, Miami
Beach, Florida 33141, and CITY OF MIAMI BEACH ("City"), '",hose address
is City Hall, 1700 Convention Center Drive, Miami Beach, Florida
33139.
WHEREAS, contemporaneously herewith, a portion of existing 44th
Street within the City of Miami Beach is being relocated, and the City
is granting to Hotelerama a deed for existing 44th Street in exchange
for right-of way deeds to the City for newly relocated 44th Street;
and
WHEREAS, in connection therewith, Grantor desires to grant to the
City, for the enjoyment of the public, a current easement for
landscaping purposes over and across the property legally described on
Exhibit "A" attached hereto and made a part hereof (the "Property")
and a future easement for landscaping purposes over and across the
property legally described on Exhibit "8" attached hereto and made a
part hereof (the "Additional Property");
NOW, THEREFORE, for valuable consideration, the receipt and
adequacy of which are hereby acknowledged, Grantor and the City agree
as follows:
1. Grantor hereby grants to the City a perpetual non-exclusive
easement for landscaping purposes over and across the ground level of
the Property. At such time as the ground level of the Additional
Property is improved with landscaping, Grantor hereby grants to the
City a perpetual non-exclusive easement for landscaping purposes over
and across the ground level of the Additional Property, which easement
shall not be effective until the ground level of the Additional
Property is improved with landscaping. Landscaping, for purposes of
this Easement, may include, without limitation, grass, trees, shrubs,
ground cover, irrigation, water features, decorative pavement, and/or
trellises or similar structures. The easements granted hereby are for
the visual enjoyment of the public and shall not entitle anyone to
enter upon the property over and across which said easements are
granted except to the extent that the City of Miami Beach personnel
may need to inspect the landscaping on the easement area. Moreover,
nothing contained herein shall restrict Grantor from using the areas
above or below the easement areas granted herein for any purpose
whatsoever, so long as such use is not inconsistent with the easement
rights herein granted.
G:\DMS\02256\09024\0253354.01
8/5/99
\
2. The City shall have ~o responsibllity ~hatsoever for
installing, maintaining, repairlng, or replacing anything within the
Property ~r Additional Property. Rather, anything to be installed,
maintained, repaired or replaced ~ithin the Property and the
Additional Property shall be installed, maintained, repaired and
replaced solely by Grantor at its cost. All of the foregoing
activities stall oe effected in full compliance ~ith all applicable
laws and Grantor shall indemnify, defend and hold City harmless from
and against all claims, demands, causes of action, costs or expenses
arising from the installation, maintenance, repair and/or replacement
of improvements within the Property and/or the Additional Property.
3. Although this Easement is intended for the visual enjoyment
of the public, this Easement can be terminated or modified by an
instrument executed solely by Grantor (joined by its mortgagee(s), if
any) and the City.
4. This Easement shall be a covenant running with the land, and
shall be binding upon and inure to the benefit of the successors and
assigns of the parties hereto.
IN WITNESS WHEREOF, the undersigned have caused this easement to
be executed as of the day and day first above written.
2 Witnesses:
HOTELERAMA ASSOCIATES, LTD., a
Florida limited partnership, by
KDM Corporation, a Florida
corporation, its general partner
Sign:
Print:
By:
Name:
Title:
Sign:
Print:
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this
day of , 1999, by , as
of KDM Corporation, a Florida corporation, as
general partner of HOTELERAMA ASSOCIATES, LTD., Florida limited
partnership, on behalf of said corporation and partnership. He is
personally known to me or has produced a driver's license as
identification.
Sign Name:
Print Name:
My Commission Expires:
NOTARY PUBLIC
Serial No. (none, if blank) :
[NOTARY SEAL]
G:\DMS\02256\09024\0253354.01
8/5/99
2
2 :~itnesses:
CITY OF MIAMI BEACH
S,q'n:
?ri::t.:
By:
Neisen O. Kasdin, Mayor
Sign:
!?rint.:
Attest:
Robert Parcher, City Clerk
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this
day of 1999, by Neisen O. Kasdin, as Mayor and Robert
Parcher, as City Clerk of the CITY OF MIAMI BEACH, on behalf of said
entity. They are personally known to me or have produced driver's
licenses as identification.
Sign Name:
Print Name:
My Commission Expires:
NOTARY PUBLIC
Serial No. (none, if blank) :
[NOTARY SEAL]
G:\OMS\02256\09024\0253354.01
8/5/99
3
MORTGAGEE JOINDER TO LANDSCAPING EASEMENT
-::'he undersigned, being :he holder of an Amended and Restated
~1ortgage, Assignment of Rents, Security Agreement and fixture riling
recorded in Official Records Book 18047, Page 1985, of the Public
Records of Miami-Dade County, Florida, as amended, and related
:ollatecal doc~ments, encumbering all or portions of the Property
described in the foregoing Sasement, hereby joins in the forego~ng
Sasement for the purpose of subordinating the lien in effect of sald
Mortgage and collateral documents to the effects of the foregoing
Easement.
Nomura Asset Capital Corporation
By:
Title:
Print Name:
Dated:
STATE OF
ss:
COUNTY OF
The foregoing instrument was acknowledged before me this
day of 1999, by , as
of Nomura Asset Capital Corporation, in the
capacity aforestated. He is personally known to me or has produced a
driver's license as identification.
Sign Name:
Print Name:
My Commission Expires:
NOTARY PUBLIC
Serial No. (none, if blank) :
[NOTARY SEAL]
G:\DMS\02256\09024\0253354.01
8/5/99
4