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Home My WebLink AboutR-79-088338 RESOLUTION NO. 7.9 - 8 8 3 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. 79-848A CONDITIONALLY GRANTING A ONE-YEAR EXTEN- SION OF A CONDITIONAL USE FOR SUCH PROPERTY, AND ALL APPROVALS GRANTED BY THE CITY COMMISSION PRIOR TO THE DATE OF SAID RESOLUTION (NO. 79-848A), 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 DEVELOPER AS A PREDICATE OR BASIS FOR LITIGATION. SEEKING APPROVAL FOR THE SECOND PHASE WHEN THE PLANS FOR SUCH PHASE ARE SUBMITTED; FURTHER APPROVING THE METHOD TO BE USED BY THE DEVELOPER IN ACQUIRING TITLE TO SAID PROPERTY. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, "DOCUMENT a EX FLORIDA: ITEM NO. � /�� 11 Section 1. Receipt is hereby acknowledge • an' .pp oval 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. 79-848A conditionally granting a one-year extension of a conditional use for such property, and all approvals granted by the City Commission prior to the date of said Resolution (No. 79-848A), Decem- ber 5, 1979, as to plans, conditional uses or variances shall not be applicable to the second phase of the devel- opment, 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 phase when the plans for such phase are submitted. 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. I'Y COMMISSION MEETING OF DEC 2 7 19„q " 79-88 3 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': PREPARED AND APPROVED BY: (e-w ifart/k ROBERT F. CLA K ASSISTANT CITY ATTORNEY APPRO AS TO FORM AND CORRECTNESS: GEORGE CITY A 2- 79-883 BINDING RLPRESENTATIO STATI OF ) SS: COUNTY OF 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 79-848I3, as passed and adopted by the City Commission on December 5, 1979, shall not be applic7. 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 executed on this day of , 1979.` Signed, Sealed and Delivered in the Presence of: HOLYWELL CORPORATION (Seal) By: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this clay of . 1979, by �. of IIOLYWELL CORPORATION, a corporation, on behalf of the corporation. Notary Public, 179-gg:7 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