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Home My WebLink AboutM-01-0371A T T Lucia A. Dougherty (305) 579-0603 E -Mail: doughertyl@gtlaw.com HAND -DELIVERY Mr. Carlos A. Gimenez City Manager City of Miami 444 S.W. 2 Avenue, 10th Floor Miami, Florida 33131 fi B I I N B [fl6 18 0 R N E Y S T I B fl U fl I 6 March 26, 2001 Re: Metropolitan Condominium ("Metropolitan") formerly known as The Brickell Club and Chateau Meritage ("Chateau Meritage") — 2475 Brickell Avenue, Miami, Florida Dear Mr. Manager: This is to request a personal appearance at the next City Commission meeting of April 12, 2001 to discuss the voluntary contribution offer made at the time of the Chateau Meritage MUSP approval. On February 9, 1995, the City Commission adopted Major Use Special Permits ("MUSP") for Chateau Meritage by Resolution No. 95-139 and Resolution No. 95-138. During the hearing, Chateau Meritage agreed to a voluntary contribution to pay for the construction for a guardhouse proposed on Southeast 25th Road within six months after the issuance of the building permit and if not approved pay the City of Miami $50,000. This proffer was not made a condition of the MUSP or the resolution. Notwithstanding that, the current owner, the Metropolitan, wishes to honor the commitment of the former owner, Chateau Meritage. However, the Brickell Homeowners Association have requested that in lieu of the guard gate or the payment to the City of Miami, that Metropolitan make median and landscape improvements to S.E. 25th Road. The current owner agrees with this proposal by the Brickell Homeowners Association. (See Attached). Therefore, this request is to release Metropolitan from its moral obligation to pay the City of Miami $50,000 since the guard gate was not approved and instead, use such moneys to make landscape and median improvements to S.E. 25th Road. GREENBERG TRAURIG, P.A. Of- 371 1221 ERIC%ELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 305-579-0717 www.gtlaw.com MIAMI NEW YOB.% : WASHINGTON, D.C. ATLANTA PHILADELPHIA TYSONS CORNER CHICAGO BOSTON PHOENIX WILMINGTON LOS ANGELES DENVER SAO PAULO FORT LAUDERDALE BOCA RATON WEST PALM BEACH ORLANDO TALLAHASSEE Mr. Carlos A. Gimenez City Manager March 26, 2001 Page 2 Thank you for your assistance in this matter. If you have any questions, please contact me at 305-579-0603. LAD:hns Enclosure CC: Mr. Mark Hutchinson Yamile Trehy, Esq. Juan Gonzalez, Esq. \ V ELAZQUEZG\ l3008l 9v02\R V P V 02!. DOC V /26/01 \99999.072879 Sincerely Lucia A. Dougherty GREENBERG TRAURIG 01- 371 ucia: the BHA Board will act on this Resolution at this evening's Meering. Please note that the venue has been changed from SE 14th St. to SE 25th Rd. Let me know when this is scheduled for the Commission and when we can start lobbying the Commissioners. Thanks. Tory DoughertyL@gtlaw.com wrote: A resolution of the Brickell Homeowners Association requesting the City Commission modify its condition of the MUSP for the Metropolitan to substitute a cash payment to the City of Miami of $50,000 to a like amount in i SE 25th Road median improvements Whereas the MUSP for the Metropolitan Project required a contribution towards the construction of a guard gate in the amountof $50,000; and Whereas, that requirement was conditioned upon securing the approval of the adjoining neighbors within a certain time and failing that approval the money was to be paid to the City of Miami; and Whereas, the approval of the neighbors was not secured and it is the desire of the neighbors and the developer to make landscape improvements to the median adjacent to the neighbors and the development in the amount of $50,000. Now, therefore, be it resolved by the Brickell Homeowners Association that the City of Miami is requested to modify its MUSP requirements for the Metropolitan to reflect that the $50,000 is not paid to the city of Miami but is instead used to make median improvements to SE 25th Road adjacent to the project. The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. if you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication ofthis communication is strictly prohibited. lfyou are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to postmaster@gtlaw.com. Part 12 Type: applicadon/ms-tnef Encoding: base64 1 oft :51211018.43 AM 01- 371 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: DATE: Honorable Mayor and Members APR 17 201 FILE of the City Commission SUBJECT: Modification of voluntary contribution related to the f Chateau Meritage Project FROM: b4 REFERENCES: (Metropolitan Condominium) Carlos A` Gimenez 2475 Brickell Avenue Carlos At City Manager ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission approve the attached request to modify the provisions of a voluntary contribution in order to exchange payment for the construction of a guardhouse, for median and landscape improvements to SE 25h Road. The Brickell Homeowners Association is supporting the proposal. BACKGROUND The attached is a Personal Appearance item requested by Lucia Dougherty, on behalf of the Metropolitan Condominium Project located at 2475 Brickell Avenue (formerly known as The Brickell Club and Chateau Meritage). The purpose of the request is in order to modify the provisions of a voluntary contribution by the developers of the Chateau Meritage Project. At the time the project was approved, the developer voluntarily offered to pay for the construction of a guardhouse on SE 25h Road. If the guardhouse was not constructed within 6 months of the issuance of a building permit, the developer was to pay a sum of $50,000 to the City of Miami for said construction. The Brickell Homeowners Association have since requested that the proffer be modified to make landscape and median improvements along SE 25th Road in lieu of a guardhouse. The developer has agreed, and this request is to release the developer from the $50,000 moral obligation made at the time the Major Use Special Permit was approved. The Department of Planning and Zoning recommends approval of the the requested modification finding that median and landscape improvements along SE25th Road will benefit the entire area more so than a guardhouse would have. CAG/DB/AGS/LYi 01- 3'71 B R I C K E L L HOMEOWNERS ASSOCIATION Safeguarding Brickell residential neigbborbood concerns BRICKELL 25 BUILDING 145 SE 25`1 Road, Suite 1002 Miami, Florida 33129-2438 Phone: (305) 858-9699 Fax: (305) 858-6248 tsj acobs@bel lsouth. net www.brickellhomeowners.com RESOLUTION BE IT HEREBY RESOLVED by Brickell Homeowners Association that it re- quests the City of Miami Commission modify its condition of the MUSP for the Metropolitan to substitute a cash payment to the City of Miami of $50,000 to a like amount in SE 25th Road median improvements. WHEREAS, the MUSP for the Metropolitan Project required a contribution toward the construction of a guard gate in the amount of $50,000; and WHEREAS, that requirement was conditioned upon securing the approval of the adjoining neighbors within a certain time and failing that approval the money was to be paid to City of Miami; and WHEREAS, the approval of the neighbors was not secured and it is the desire of the neighbors and the developer to make landscape improvements to the median adjacent to the neighbors and the development in the amount of $50,000. NOW, THEREFORE, be it resolved by the Brickell Homeowners Association that the City of Miami is requested to modify its MUSP requirements for the Metro- politan to reflect that the $50,000 is not paid to the City of Miami but is instead used to make median improvements to SE 25th Road adjacent to the project. FURTHER RESOLVED, that a true and correct copy of this Resolution be pre- sented to the City Commission of the City of Miami at the Public Hearing to be held to consider the application of the Developer on April 26, 2001. Signed and executed on behalf of the Board of Directors of Brickell Homeowners Association on this 0 day of April 2001, at Miami, Miami -Dade County, Florida. T__' ` ` T. Sinclair ( ory) Jacobs, Pr dent t t: c Seligman, Sec tary Submitted into, t�P. record in item . /Z (>r`2�-o J 01- 371 Walter C