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Home My WebLink AboutR-79-0882RESOLUTION NO. 7 9— 8 8 2 A RESOLUTION APPROVING AND ACKNOWLEDGING RECEIPT OF THE ATTACHED BINDING REPRESENTATION BY THE DEVELOPER OF TRACT "D", DUPONT PLAZA (50-11), BEING CORNER OF BISCAYNE BOULEVARD AND CHOPIN PLAZA, TO THE EFFECT: (1) THAT RESOLUTION NO. 79-848B CONDITIONALLY GRANTING A ONE-YEAR EX- TENSION OF A VARIANCE FOR SUCH PROPERTY, AND ALL APPROVALS GRANTED BY THE CITY COMMISSION PRIOR TO THE DATE OF SAID RESOLUTION (NO, 79-848B), DECEMBER 5, 1979 AS TO PLANS, CONDITIONAL USES OR VARIANCES SHALL NOT BE APPLICABLE TO THE SECOND PHASE OF THE DEVELOPMENT, CONDOMINIUM UNITS; AND (2) THAT SAID RESOLUTION AND ALL SUCH APPROVALS SHALL NOT BE AVAILABLE TO OR BE USED BY THE DE- VELOPER AS A PREDICATE OR BASIS FOR LITIGATION SEEKING APPROVAL FOR TIIE SECOND PHASE WHEN THE PLANS FOR SUCH PHASE ARE SUBMITTED; FURTHER INAPPACQUIRINGETITLE TO SAITO D PROPERTYE USED BY THE DEVELOPED`��r. DOCUMENTS FOLLOW" BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Receipt is hereby acknowledge and approval is hereby given the. attached "binding representation" executed by the developer of Tract "D", Dupont Plaza (50-11), being corner of Biscayne Boulevard and Chopin Plaza, to the effect: (1) that Resolution No. 79-848B conditionally granting a one-year extension of a variance for such property, and all approvals granted by the City Commission prior to the date of said Resolution (No. 79-848B), December 5, 1978, as to plans, conditional uses or variances shall not be applicable to the second phase of the development, condominium units; and (2) that said Resolution and all such approvals shall not be available to or be used by the developer as a predicate or basis for litigation seeking approval for the second c,, <<C,CUMc1'�1 { 0EX phase when the plans for such phase are submitted. ITEM NO. �-? Iv Section 2. The taking of title by THEODORE B. GOULD, individually, to the aforesaid Tract "D", Dupont Plaza, (Plat Book 50, Page 11), insofar as the condominium site is concerned, is hereby approved. CITY COMMISSION MEETING OF DEC27 1979 NuoumoN No.......� 8 2 Section 3. The taking of title by CHOPIN ASSOCIATES, a Florida general partnership, with THEODORE B. GOULD being the only individual general partner of said CHOPIN ASSOCIATES to the aforesaid Tract "D", Dupont Plaza, insofar as the sites of the hotel and offices are concerned, is hereby approved. PASSED AND ADOPTED this 27 day of December, 1979. Maurice A. Ferre. MAYOR ATTEST: RALPG. ONGIE CITY CLERK PREPARED AND APPROVED BY: /e / . 61-tic ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 1 1 SU1 P ' 1TI' r. NI IS F LLOVV -2- 1 ■ 37 38 Joseph R. Grassie i3 City Manager December 19, 1979 Partial Compliance with Extension of Conditional: Use and Variance Requirements: Miami 'Center (Ball: Point) Agenda Item - City. Commis- sion Meeting of 12/27/79 The attached ,resolutionsapproving and acknowledging receipt of the required binding representation of the Bali Point property developer is forwarded for review and consideration by the City Commission at its meeting of December 27, 1979.' We have also reflected our approval of the following method to be used by the developer in taking title to the property in question: 1. Title to the condominium site by Theodore individually; . Gould, 2. Title to the sites of the hotel and offices by Chopin Associates, a Florida general partnership, with Theodore B. Gould being the only individual general partner of 'said Chopin Associates. Although the above measure is only partial compliance with the prerequisite conditions set forth in Resolutions No. 79- 484A (conditional use extension) and No. 79-848B (variance extension), it is proper at this time to indicate and express the approval of the Commission, as set forth in the. attached proposed resolutions; adoption of which is recom- mended by this office. CVK/RFC:/rr Enc. 2 79-882 BINDING REPRESENTATION For and in consideration of the extension of the condi tional use and height variance for Tract "D", DuPont Plaza, Plat Book 50, Page 11, by Resolution Nos. 79-848A and 79-848B, and in fulfillment of the applicable provisions of each, the undersigned as developer of Tract D, DuPont Plaza, agrees that Resolution No. 79-848A and 79-848B, as passed and adopted by the City Commission on December 5, 1979, shall not be applic- able to the second phase of the development, condominium units, and all approvals granted by the City Commission prior to December'5,.1979, shall not be available to or used by the undersigned as a predicate or basis for litigation seeking approval for the second phase when the plans for such phase are submitted to the City. IN WITNESS WHEREOF, the undersigned has caused these presents to be e}:ecuted on this day of 1979. Signed, Sealed and Delivered in the Presence of: STATE OF COUNTY OF HOLY1ELL CORPORATION (Seal) Bv: JRTIVE UMENTS FOLLOW" The foregoing instrument was acknowledged before me this day of 1979, by of IIOLYWELL CORPORATION, a corporation, on behalf of the corporation. Notary Public, 7 9 - 882 MAHONEY HADLOW & ADAMS PROFESSIONA. ASSOCIATION ATTORNEYS ASO COUNSELLORS JACKSONV•.LE MIAMI 1401 AMtRIFias" BUILDING ONE SOUTHEAST Sao AVENUE MIAMI, FLORIDA 33131 (305) 359-5550 • (335) 654.1550 TELEX 68I• :69 VALFA December 27, 1979 Mr. Jose Alvarez, Esquire Deputy Miami City Attorney 174 E. Flagler Street Miami, Florida 33131 RE: City Commission Resolutions Nos. 79-848A and 79-848B 'i`J EC 27 12:21 HAND DELIVERY Dear Mr. Alvarez: Enclosed herewith is a telex copy of a cover letter and Binding Representation sent to me this morning by Holywell Corporation. I will forward the original to you as soon as it is received in this office. Please excuse the delay occasioned by the Christmas holidays. Very truly yours, UlA Robert E. Living ton enclosure cc: Mr. Joseph Grassie (w/ encl.) Mr. James Reed (w/ encl.) REL/an MW 11U1111111 (1)1rt11.11N144 11$ K 71%1 C1k(11 1%' st. $, la, T�� 1%441043Cr,. O.C.:ir..% 1?J1/ .W.M�11 Dece nber 21, 1979 City of Miami City manager's Office 3500 Pan American Drive Mi a>mi , YL 33133 Attention: Mr. Josep`1 R. Grassie Dear Mr. Grassie: Enclosed herewith is a Binding Representation executed on behalf of folywell Corporation. This Representation • is given in consideration of the extention of the variances by Resolution Nos. 79-848A and 79-84$B. This letter will also serve to advise you that volywe11 Corporation will not take title to Tract D, Dupont Plaza, itself, but that title will be taken by Theodore. B. Gould, individually, as to the condoninium site, and by Chopin Associates, a Florida general partnership, as to the hotel and office sites. Theodore B. Gould is the only individual general partner of Chopin Associates. Both the cordor.:inium site and the hotel and office sites will be developed as integral parts of the project. Very truly Theodore B. President Encl l cs yours. Gould ,/1.1•i:1 .. .. . / .. ... i'•C.11' : I. 11 14•01.1,:i . /111::11.0.• . < . .1 11• . . .011. , 411: .1 i ..• Y 11 .1.•:i11• N••0•nl :. )• .. . 1.1C'• 411h 41INDINC REPREStNTATION 6 DXST11CT or COLUMM, ss For and in consideration of the extention of the conditional use and height, variance for Tract D, Dupont Plaza, Plat B00% 50, Page xi, by Resolution Hos. 79-648A and 79-640, and in fulfillment • • - of the applicable provisions of each, the undersigned as developer of Tract D, Dupont plaza, agrees that Resolution No. 79-B4EA and ,- 79-948S, as passed and adopted by the City Commission on Decenber 5, 1979, shall not be applicable to the second phase of the development, condominium units, and all approvals granted by the City Comzdssion prior to December 5, 1979, shall not be available to or used by the undersigned as a predicate for • • basis for litigation seeking approval for the second phase when • the plans for such phase are submitted to the City. IN WITNESS WHEREOF, the undersigned has caused the presence to be executed an this 21st day of December, 1979. Signed, sealed and HoLywr.LL CORPORATION (SWil.) Celivered in the presence / ,,..----., 1 i . I, , . , . . • , By .„,;•., ..//.....,- ),I...... ..i..1 . - :'s : 'Theodore B. Gould ••:. %•i„.. •• t I ): - -te ••• . President ........116 .• • DISTRICT OP COLUMBIA, The foregoing instrument was acknowledged before rle this ,•••• • 21st day of Dececber, 1979, by Theodore B. Gould of Holywell t-e Corporation, a Delaware Corporation, on behalf of the Corporation. /- • Nixtary Public )•!1- Erixo A6,-i•s: 14, 15.5) •I •I1- 7s, • E.r�sT'/rt�G c%C ,,f•�Ar� ��'�0` „ t