HomeMy WebLinkAboutSettlement Agreement
;2tJot - :; h 3 c.; ')
10/11/0&- C 1 D
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT ("Settlement Agreement") is made and
entered into as of the .1.f!4J.ay of (;c"t08el. , 2006, between Zedek Associates, a Florida
general partnership ("Zedek"), and the City of Miami Beach, a Florida municipal
corporation ("City").
WHEREAS, on November 13, 2002 the City adopted Ordinance No. 2002-3386
("Ordinance"), which affected the heights and setbacks in the RPS-4 Zoning District; and
WHEREAS, Zedek owns property at 315 and 321 Ocean Drive, within such
district ("Property"); and
WHEREAS, Zedek, prior to the adoption of the Ordinance, entered into an
agreement with Hotel Simone Development, LLC, the former owner of a portion of the
Property, in order to jointly cooperate in the development of the Property ("Joint
Agreement"); and
WHEREAS, Zedek has since purchased Hotel Simone Development, LLC's
interest in the Property; and
WHEREAS, the Ordinance provided certain grandfather rights for properties
aggregated prior to the effective date of the Ordinance; and
WHEREAS, Zedek submitted the Joint Agreement to the City Planning Director
for a determination as to whether the Joint Agreement qualified for the grandfathering in
the Ordinance; and
WHEREAS, upon the advice of the City Attorney that the Joint Agreement did not
meet the standards provided for in section 118-5 of the Code for the aggregation of parcels
under the City's land development regulations, the Planning Director advised Zedek that
the Joint Agreement did not grandfather the property; and
WHEREAS, subsequently, Zedek sued the City challenging the Ordinance based
on alleged defects in its adoption and substance (the "Lawsuit"); and
WHEREAS, Zedek and the City seek to resolve the dispute between them, each
without admitting any liability in such disputes; and
WHEREAS, in furtherance of such resolution, the City Attorney's Office has
again reviewed the Joint Agreement, and has decided to accept it as a reasonable attempt to
aggregate the Property for purposes of joint development, which would allow the Property
to be grandfathered under the Ordinance; and
WHEREAS, The Historic Preservation Board has entered the HP Order attached
as Exhibit "A" and incorporated herein (the "HP Order") granting a Certificate of
Appropriateness for a project more specifically described in Exhibit "A" (the "HP
Project"); and
WHEREAS, the HP Order has not been appealed and is now final.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree to fully settle the Lawsuit on the terms and
conditions set forth below:
1. Recitations. The foregoing recitations are true and correct and are
incorporated herein by this reference.
2. The parties have agreed to settle the dispute between them as follows:
(a) Zedek shall contribute to the City the costs of the reconstruction of
the beachwalk on the Ocean side of the Property in the amount of $214,000, calculated at
$2,140 per lineal foot at 100 lineal feet. This contribution shall be made:
(i) at the time of issuance of the full building permit for the HP
Project, or another project in accordance with the Property's grandfather status under the
Ordinance (the "Project"), if the City is ready to engage in the reconstruction of the
beachwalk at that time; or
(ii) within 60 days of a request for payment by the City, if the
City is ready to begin construction prior to the issuance of the Certificate of Use and
Occupancy for the Proj ect; or
(iii) no later than the issuance of the Certificate of Occupancy for
the Project.
(b) The City acknowledges that the HP Project is not nonconforming,
and Zedek shall be entitled to seek an extension of time of the HP Order to obtain a full
building permit for the Project.
(c) After approval of this Settlement Agreement by the City
Commission, the parties to this Agreement agree to file a joint stipulation dismissing the
Lawsuit with prejudice and asking the Court to retain jurisdiction to enforce the terms of
this Settlement Agreement.
3. Miscellaneous Provisions.
(a) No Permit. This Settlement Agreement is not and shall not be
construed as a development permit, development approval, development order or
authorization to commence development, nor shall it relieve Zedek of the obligations to
obtain necessary other development approvals that are required under applicable law.
(b) Further Assurances. It is the intent and agreement of the parties that
they shall cooperate with each other to effectuate the purposes and intent of, and to satisfy
their obligations under, this Agreement in order to seClire 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 or
2
legislative capacity. This paragraph is a statement of intent only and shall not give rise to
any cause of action if any party acts contrary to the intent hereof.
(c) Omissions. The parties hereto recognize and agree that the failure
of this Agreement to address a particular permit, condition, term, or restriction shall not
relieve Zedek of the necessity of complying with the law governing said permitting
requirements, conditions, term, or restriction notwithstanding any such omission.
(d) Notices. Any notices required or permitted to be given under this
Agreement 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
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
With copies to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attorney
If to Zedek
Jean Pierre Rein
18851 NE 29 Avenue
Suite 901
A ventura, Florida 33180
With a copy to:
Carter McDowell, Esq.
Bilzin Sumberg Baena Price & Axelrod, LP
Attorneys for Zedek Associates
200 South Biscayne Blvd
Suite 2500
Miami FL 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. Mail.
( e) Construction.
(i) This Agreement 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
Agreement shall not be more strictly construed against anyone ofthe parties hereto.
3
(ii) 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.
(iii) All of the exhibits attached to this Agreement are
incorporated in, and made a part of, this Agreement.
(f)
provision hereof.
Time of Essence. Time shall be of the essence for each and every
(g) Entire Agreement. This Agreement, 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 Agreement 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. The parties acknowledge that this
agreement was negotiated between them and neither side shall be construed to be the
author of any provision against whom interpretations shall be construed.
(h) Successors and Assign; Third Party Beneficiary. The benefits,
rights, duties and obligations given to the parties under this Agreement shall inure to the
benefit of and bind their successors in title and assigns. The parties acknowledge and
agree that except only for the foregoing successors and assigns, there are no third party
beneficiaries under this Agreement or the Exhibits attached hereto.
(i) Approval by the City. The parties hereto understand and agree that
this Agreement will not be binding on the City until such time as the City Commission of
the City of Miami Beach has approved same.
(j) Surveys. All parcel sizes, and calculations based thereon, shall be
subject to verification by certified survey.
(k) Limitation of Remedies. In the event any party hereto fails or
refuses to perform hereunder, then the sole and exclusive remedies available to the non-
defaulting party or parties for such failure or refusal shall be those available in equity,
including without limitation, specific performance, injunction and mandamus. Prior to
initiating any litigation under this Agreement or under any of the Exhibits attached hereto,
the party or parties desiring to initiate litigation will provide written notice to the other
party or parties and shall be available for a period of 30 days after such written notice to
attempt to meet and mediate the dispute prior to initiating litigation.
(1) Non-Admissibility. Actions taken by any of the parties hereto
pursuant to or in furtherance of the provisions hereof shall not be admissible in any
proceeding under the Lawsuits in the event the transactions contemplated hereunder are not
consummated.
4
(m) Sovereign Immunity. Nothing in this Agreement or the exhibits
attached hereto shall be deemed to be a waiver by the City of its rights and privileges under
Florida Statutes Section 768.28.
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 delivered
in the presence of:
Attest:
~K ~wk
City Clerk
Robert Parcher
CITY:
APPROVED AS TO FORM &
~REXECUTION
. JO r,,, {~~
o f1j- ~
ZEDEK ASSOCIATES, a Florida general
partnership:
By: oJ],
Name: l~(~ bo{~ ~c\.~C
5
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE )
I HEREBY CE~TIFY that the foregoing instrument was l}Ckp.owledged and
executed before this ---1fL day of October, 2006, by Go.. \x"/ \~c'\.(~O , as
<.! ,~/' of Zedek Associates, a Florida general partnership, on behalf of said entities.
~She [check one] .I:::k: is personally known to me, or 4h:- has produced evidence of his
identity satisfactory to me.
SANDRA AHMED
~" MY COMMISSION #00515875
, EXPIRES: FEB 08, 2010
Cfr6 80nded through 1 st State Insurance
N~I.:~' s.tate of Florida
/" [Notary~ 1/
~. 2i!'tlf}1;\.- ~ktt.~
",/
F:\atto\HELG\L1TIGA TI\Zedek\Zedek Settlement Agreement v4 l00306.DOC
6
HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: July 11, 2006
FILE NO: 3690
PROPERTY: 315-321 Ocean Drive - Biiou
LEGAL: Lots 6 & 7, less the westerly 15.00 feet thereoftor Street Widening purposes,
Block 115 of OCEAN BEACH ADDITION NO.4, According to the Plat Thereof,
as Recorded in Plat Book 3, Page 151, of the Public Records of Miami-Dade
County, Florida.
IN RE: The Application for a Certificate of Appropriateness for the substantial
demolition of the existing 3-story Simone Hotel, along with the construction of a
new 7 -story building.
ORDER
The applicant, Zedek Associates, filed an application with the City of Miami Beach Planning
Department for a Certificate of Appropriateness.
The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT,
based upon the evidence, information, testimony and materials presented at the public hearing and
which are part of the record for this matter:
A. The subject property is located within the Ocean Beach Local Historic Distric;t.
B. Based on the plans and documents submitted with the application, testimony and
information provided by the applicant, and the reasons set forth in the Planning Department
Staff Report, the project as submitted is consistent with the Certificate of Appropriateness
Criteria in Section 118-564(a)(1) of the Miami Beach Code, is not consistent with Certificate
of Appropriateness Criteria a, b, f & g in Section 118-564(a)(2) of the Miami Beach Code, is
not consistent with Certificate of Appropriateness Criteria b, d & m in Section 118-564(a)(3)
of the Miami Beach Code, and is not consistent with the Certificate of Appropriateness for
Demolition Criteria 2, 8 & 9 in Section 118-564(f)(4) of the Miami Beach Code.
C. The project would be consistent with the criteria and requirements of section 118-564 if the
following conditions are met:
~
Exbi611: "A"
Page 2 of 8
HPB File No. 3690
Meeting Date: July 11,2006
1. This approval is subject to the consummation of the settlement with the City on the
pending action, Zedek Associates v. City of Miami Beach, case no. 05-19628 CA 31.
2. Revised elevation, site plan and floor plan drawings shall be submitted to and
approved by staff; at a minimum, such drawings shall incorporate the following:
a. The portions of the original Simone Hotel, which are being retained and
preserved, shall be full rehabilitated and restored, in a manner consistent
with all available historic documentation, and subject to the review and
approval of staff; this shall include, but shall not be limited to, windows,
doors, exterior features and details, and all portions of the historic lobbies.
b. The requirements of Section 118-395(2)d.1.ii & Hi ofthe City Code, pertaining
to Repair and/or rehabilitation of nonconforming buildings and uses, as
described in the zoning analysis, shall be waived by the Board, for the
purposes of restoring or replicating the front portion of the existing structure.
c. All glazing within the restored portion of the Simone hotel shall be clear,
subject to the approval of the Florida Department of Environmental
Protection.
d. The north and west elevations shall be further studied and refined in orderto
provide a better transition from the north elevation to the west elevation, in a
manner to be approved by staff.
e. The aluminum louver system of the east elevation shall be continued on the
north elevation of the circulation core, to help reduce the scale of this mass,
in a manner to be reviewed and approved by staff.
f. The design of the south elevation of the 2-story garage entrance shall be
further developed, in a manner to be reviewed and approved by staff.
g. Additional details of the garage doors shall be provided and shall incorporate
glazing as indicated in the renderings provided, in a manner to be reviewed
and approved by staff.
h. The proposed system(s) of aluminum sunscreens, louvers, and exterior
aluminum architectural framing elements and features shall be further refined
and designed in a manner that uses only high quality components, finishes,
and details that will ensure the long term structural durability and aesthetic
appearance of the system(s) with minimal maintenance, in a manner to be
reviewed and approved by staff.
i. All ventilation required for the parking levels shall be chased through the
subject structure up to roof, in a manner to be reviewed and approved by
staff. The location of all required mechanical and ventilation fixtures and
159
1m
Page 3 of 8
HPB File No. 3690
Meeting Date: July 11,2006
devices for the parking levels shall be clearly delineated on the floor plans
and site plans and shall be subject to the review and approval of staff.
j. All trash containers shall utilize rubber wheels, or the path for the trash
containers shall consist of a surface finish that reduces noise, in a manner to
be reviewed and approved by staff.
k. A complete, detailed historical resources report shall be submitted, in a
manner to be reviewed and approved by staff.
I. Manufacturers drawings and Dade County product approval numbers for all
new windows, doors and glass shall be required, crior to the issuance of a
building permit.
m. All roof-top fixtures, air-conditioning units and mechanical devices shall be
clearly noted on a revised roof plan and elevation drawings and shall be
screened from view, in a manner to be approved by staff.
n. Prior to the issuance of a Certificate of Occupancy, the project Architect shall
verify, in writing, that the subject project has been constructed in accordance
with the plans approved by the Planning Department for Building Permit.
3. A revised landscape plan, prepared by a Professional Landscape Architect,
registered in the State of Florida, and corresponding site plan, shall be submitted to
and approved by staff. The species type, quantity, dimensions, spacing, location and
overall height of all plant material shall be clearly delineated and subject to the
review and approval of staff. At a minimum, such plan shall incorporate the
following:
a. All existing overhead utilities shall be placed underground; in the event FPL
requires the undergrounding of the utilities of the adjacent properties, this
condition may be waived.
b. All exterior walkways shall consist of decorative pavers, set in sand or other
decorative material, subject to the review and approval of staff.
c. A fully automatic irrigation system with 100% coverage and an automatic rain
sensor in order to render the system inoperative in the event of rain. Right-
of-way areas shall also be incorporated as part of the irrigation system.
d. The utilization of root barriers and/or structural soil, as applicable, shall be'
clearly delineated on the revised landscape plan.
.e. The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all backflow preventors and all other related devices and fixtures;
such fixtures and devices shall not be permitted within any required yard or
any area fronting a street or sidewalk. The location of backflow preventors,
~
160
Page 4 of 8
HPB File No. 3690
Meeting Date: July 11, 2006
siamese pipes or other related devices and fixtures, if any, and how they are
screened with landscape material from the right-of-way, shall be clearly
indicated on the site and landscape plans and shall be subject to the review
and approval of staff.
f. The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all applicable FPL transformers or vault rooms; such transformers
and vault rooms, and all other related devices and fixtures, shall not be
permitted within any required yard or any area fronting a street or sidewalk.
The location of any exterior transformers, and how they are screened with
landscape material from the right-of-way, shall be clearly indicated on the site
and landscape plans and shall be subject to the review and approval of staff.
g. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect
for the project architect shall verify, in writing, that the project is consistent
with the site and landscape plans approved by the Planning Department for
Building Permit.
4. The following conditions, as proferred by the applicant:
a. No loudspeakers shall be affixed to and located on the exterior of the
premises, inclusive of rooftop, patios, terraces, and pool deck area, except
as may be required for fire or building code purposes.
b. To the extent permitted by law, the Owner and its successors shall prohibit
portable stereo equipment, including amplifiers and speakers to be operated
other than in the interior of the building.
c. No outdoor live music shall be permitted at any time, except as may be
permitted in a valid Special Event permit issued by the City after notice to the
adjoining properties. Any such permit shall be for a private noncommercial
party or charitable event and shall be limited to no more than one day.
d. Outdoor and indoor Entertainment Establishments shall be prohibited; this
shall not prohibit the establishment of a Gym! Health club.
e. No alcoholic beverage license shall be obtained for or operated on the
premises.
f. No restaurant may be permitted on the Property.
g. No sidewalk cafe shall be permitted on the Property.
h. Rooftop, deck or patio use shall be solely for unit owners, their lessees,
invitees and guests.
161
~
Page 5 of 8
HPB File No. 3690
Meeting Date: July 11, 2006
i. Any commercial, retail, private club, accessory use, or any facility operating
or seeking to operate under an alcoholic beverage license shall be prohibited
on the property.
j. To the extent permitted by law, the Owner and its successors shall prohibit
noise that is prohibited under the City of Miami Beach noise ordinance,
Chapter 46, Article IV, as it may be a~ended from time to time.
k. To the extent reasonably possible, the Owner and General Contractor shall
ensure that workers, contractors, subcontractors and all personnel admitted
to the job site do not operate portable radios or vehicle radios. This specific
requirement will be included in all contracts and subcontracts for
construction, suppliers, service and ~ny vendor activity that will take place on
the Property.
I. The owner or general contractor shall arrange for adequate site security and
patrols during construction.
5. All new, non-historic building signage shall be consistent in type, composed of flush
mounted, non-plastic, non-illuminated, individual letters and shall require a separate
permit. If historic documentation of an original wall sign is found, such historic sign
shall be re-introduced, in a manner to be approved by staff.
6. The final exterior surface color scheme, including color samples, shall be subject to
the review and approval of staff and shall require a separate permit.
7. A traffic mitigation plan, which addresses all roadway Level of Service (LOS)
deficiencies relative to the concurrency requirements of the City Code, if required,
shall be submitted prior to the issuance of a Building Permit and the final building
plans shall meet all other requirements of the Land Development Regulations of the
City Code.
8. An historic analysis of the existing structures, inclusive of a photographic and written
description of the history and evolution of the original building on site, shall be
submitted to and approved by staff, Drior to the issuance of a Building Permit; such
historic analysis shall be displayed prominently within the public area of the structure,
in a location to be determined by staff.
9. All new and altered elements, spaces and areas shall meet the requirements of the
Florida Accessibility Code (FAC).
10. The project shall comply with any landscaping or other sidewalk/street improvement
standards as may be prescribed by a relevant Urban Design Master Plan approved
prior to the completion of the project and the issuance of a Certificate of Occupancy.
11. The applicant may be required to submit a separate analysis for water and sewer
requirements, at the discretion of the Public Works Director, or designee. Based on
~
162
Page 6 of 8
HPB File No. 3690
Meeting Date: July 11, 2006
a preliminary review of the proposed project, the following may be required by the
Public Works Department:
a. A traffic and neighborhood impact study shall be conducted as a means to
measure a proposed development's impact on transportation and
neighborhoods. The study shall address all roadway Level of Service (LOS)
deficiencies relative to the concurrency requirements of the City Code, and if
required, shall be submitted prior to the issuance of a Building Permit. The
final building plans shall meet all other requirements of the Land
Development Regulations of the City Code. The developer shall refer to the
most recent City of Miami Beach's Traffic and Neighborhood Impact
Methodology as issued by the Public Works Department.
b. Remove/replace sidewalks, curbs and gutters on all street frontages, if
applicable. Unless otherwise specified, the standard color for city sidewalks
is red, and the standard curb and gutter color is gray.
c. Mill/resurface asphalt in rear alley along property, if applicable.
d. Provide underground utility service connections and on-site transformer
location, if necessary.
e. Provide back-flow prevention devices on all water services.
f. Provide on-site, self-contained storm water drainage for the proposed
development.
g. Meet water/sewer concurrency requirements including a hydraulic water
model analysis an~ gravity sewer system capacity analysis as determined by
the Department and the required upgrades to water and sewer mains
servicing this project.
h. Payment of City utility impact fees for water meters/services.
i. Provide flood barrier ramps to underground parking or minimum slab
elevation to be at highest adjacent crown road elevation plus 8".
j. Right-of-way permit must be obtained from Public Works.
k. All right-of-way encroachments must be removed.
I. All plantingllandscaping in the public right-of-way must be approved by the
Public Works and Parks Departments.
12. A drawn plan and written procedure for the proposed demolition shall be prepared
and submitted by a Professional Structural Engineer, registered in the State of
Florida, which fully ensures the protection of the public safety, as well as the
~
163
Page 7 of 8
HPB File No. 3690
Meeting Date: July 11, 2006
protection of the existing structure on the subject site and all existing structures
adjacent to the subject site during the course of demolition.
13. The Certificate of Appropriateness for Demolition shall only remain in effect for the
period of time that there is an active Certificate of Appropriateness for the associated
new construction on the subject property.
14. The Final Order shall be recorded in the Public Records of Miami-Dade County, prior
to the issuance of a Building Permit.
15. The Final Order is not severable, and if any provision or condition hereof is held void
or unconstitutional in a final decision by a court of competent jurisdiction, the order
shall be returned to the Board for reconsideration as to whether the order meets the
criteria for approval absent the stricken provision or condition, and/or it is appropriate
to modify the remaining conditions or impose new conditions.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information,
testimony and materials presented at the public hearing, which are part of the record for this matter,
and the staff report and analysis, which are adopted herein, including the staff recommendations
which were amended by the Board, that the Certificate of Appropriateness is GRANTED for the
above-referenced project subject to those certain conditions specified in paragraph C of the
Findings of Fact (Condition Nos. 1-15, inclusive) hereof, to which the applicant has agreed.
No building permit may be issued unless and until all conditions of approval as set forth herein have
been met. The issuance of a Certificate of Appropriateness does not relieve the applicant from
obtaining all other required Municipal, County and/or State reviews and permits, including zoning
approval. If adequate handicapped access is not provided. this approval does not mean that such
handicapped access is not required or that the Board supports an applicant's effort to seek waivers
relating to handicapped accessibility requirements.
When reauestina a buildina permit. three (3) sets of plans approved by the Board. modified in
accordance with the above conditions. as well as annotated floor plans which clearlv delineate the
Floor Area Ratio (FAR) calculations for the proiect. shall be submitted to the Plannina Department.
If all of the above-specified conditions are satisfactorily addressed, the plans will be reviewed for
building permit approval. Two (2) sets will be returned to you for submission for a building permit
and one (1) set will be retained for the Historic Preservation Board's file.
If the Full Building Permit for the project is not issued within eighteen (18) months of the meeting
date at which the original Certificate of Appropriateness was granted, and construction does not
commence and continue in accordance with the requirements of the applicable Building Code, the
Certificate of Appropriateness will expire and become null and void, unless the applicant, prior to
expiration of such period, makes application to the Board for an extension of time; the granting of
any such extension of time shall be at the discretion of the Board. At the hearing on any such
application, the Board may deny or approve the request and modify the above conditions or impose
additional conditions. Failure to comply with this Order shall subject the Certificate of
~
164
!
Page 8 of 8
HPB File No. 3690
Meeting Date: July 11,2006
Appropriateness to Section 118-564, City Code, for revocation or modification of the Certificate of
Appropriateness.
Dated this ( 7
day of
Ju{\
,20~.
HISTORIC PRESERVATION BOARD
TH ITY OF I MI EACH, FLORIDA
BY:
THO AS R. MOONEY, AI
DESIGN AND PRESERV,A; ION MANAGER
FOR THE CHAIR
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this } 7 r/f day of
Tv L- 'f 20..Q1. by Thomas R. Mooney, Design and Preservation Manager,
Planning Department, City of Miami Beach. Florida, a Florida Munici rporation, on behalf of the
Corporation. He is personally knQwn to me. 1\
l {\.
NOTARY PUBLIC C{,( /t-tl
Miami-Dade County, Florida
My commission expires:
Approved As To Form:
Legal Department:
f+k4
( 7""1 y"",o '* )
7/1 7(6 ~
( ~)
Filed with the Clerk of the Historic Preservation Board on
F:\PLAN\$HPB\06HPB\JuIHPB06\3690.fo.doc
165
.
~J Bilzin Sumberg
ATTORNEYS AT LAW
CARTER N. McDoWELL, ESQ.
Direct Dial: (305) 350-2355
Direct Facsimile:(305) 351-2239
E-mail: cmcdowell@bilzin.com
Via Hand Delivery
October 19, 2006
Gary Held, Esq.
First Assistant City Attorney
City of Miami Beach - Office of the City Attorney
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
Re: Zedek Associates v. City of Miami Beach
Case No. 05-19628 CA31 - Settlement Agreement
Dear Gary:
Enclosed are three originals, fully executed by Zedek, of the Settlement Agreement between
Zedek Associates and the City of Miami Beach. Once the Agreement is signed by the City Mayor
and attested by the City Clerk, please forward a fully executed original to me.
Thank you.
CNM:id
End
Sincerely, llO .
Q~~o~~
n
-.; 0
-< en
::t~ 0 :0
("") III
-... --t
C ()
--
Z \.0 r1'l
rr"
-< -0 <....
(f) :x --
G .r:- n1
..,., .. 0
..,., c..,)
n U)
m
MIAMI 1187312.1 7647223722
10/19/06 2:45 PM
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131-5340 TeI305.374.7580 Fax 305.374.7593
www.bilzin.com