HomeMy Public PortalAboutK.B. Hotel and Villas Development of Regional Impact Order Tab4.tifLAW OFFICES
GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & OUENTEL PA
1221 BRICKELL AVENUE
MIAMI FLORIDA 33131
BROWARD OFFICE MIAMI (305) 579 0500 BROWARD (305) 523 8111 wEST PALM BEACH OFFICE
500 EAST BROWARD BOULEVARD TELEX 80 3124 100 AUSTRALIAN AVENUE
SUITE 1350 TELECOPY (3051 579 0717 SUITE 201
FORT LAUDERDALE FLORIDA 33394 wEST PALM BEACH FLORIDA 33406
(305) 765 0500 (407) 683 6611
TELECOPY (305) 765 1477 TELECOPY (407) 683 8447
ALAN S GOLO
579 0880
October 11, 1990
HAND -DELIVERED
Mr Carey Lee Rawlinson, Jr
Coordinator
Metropolitan Dade County
Developmental Impact Committee
111 N.W. 1st Street
Suite 1210
Miami, Florida 33128-1973
PLEASE RCPLY TO
MIAMI OFFICE
Re• Key Biscayne Hotel & Villas - Development of
Regional Impact Order - Resolution No. Z-187-89
Contributions due pursuant to "Declaration of
Restrictive Covenants in Lieu of Unity of Title,
Monetary Contributions and Pedestrian Easement"
Dear Mr Rawlinson•
The undersigned has been retained by VSLF II Key Biscayne
Hotel Corp., an Illinois corporation and VMLP III Key Biscayne
Villas Limited Partnership, an Illinois limited partnership, the
new owners of the Key Biscayne Hotel & Villas property, to
represent the owners' interests in the development of the Key
Biscayne Hotel & Villas project As a part of these efforts, we
have been asked to monitor and comment on various Development Order
requirements.
You will recall that the approved Development Order included,
as an exhibit thereto, a "Declaration of Restrictive Covenants in
Lieu of Unity of Title, Monetary Contributions, and Pedestrian
Easement" dated September 27, 1989 (the "Covenant") Under
paragraph 11 of the Covenant, the owner of the Key Biscayne Hotel
& Villas property agreed that if a site for a park for Key Biscayne
residents was obtained by the County within the Bill Baggs Cape
Florida State Recreation area, it would voluntarily contribute
$50,000.00 per acre of such local park, up to a maximum of
$500,000.00. These monies were to be used for the development of
the park, including preparation of the land and installation of the
Mr Carey Lee Rawlinson, Jr
October 11, 1990
Page 2
playing fields therein To the extent a surplus exists after the
completion of such improvements, the Covenant provides as follows
"If the necessary State approvals for such local park
within the State park are not obtained, within one year
from the date of this Agreement becomes effective, then
Owner shall contribute a maximum of $500,000 00 for
athletic programming and equipment for residents of Key
Biscayne to be administered by the County's Park &
Recreation Department "
Our records indicate that the Covenant has an effective date
of October 5, 1989, and therefore, the one year anniversary date
mentioned in the previous paragraph has now past Accordingly,
please officially advise us whether or not a local park for Key
Biscayne residents has been obtained by the County within the Bill
Baggs Cape Florida State Recreation area, as well as whether or not
the necessary State approvals for such local park have been
obtained. Furthermore, in that the contribution amount is
reflected as a maximum dollar sum, we would appreciate your input
with respect to the dollar sum that will be payable. In this
regard, please provide us with the contribution amount due, to whom
it is to be paid, when the payment is to be paid and where the
payment should be delivered.
In reviewing the Covenant as a whole, one additional matter
has surfaced which will require your input. As you are probably
aware, the Key Biscayne Council filed suit in December of last year
seeking an injunction to prohibit any development on the Key
Biscayne Hotel & Villas property until the provisions of the Dade
County Comprehensive Development Master Plan and Chapter 163,
Florida Statutes, had been fully satisfied. This action is still
pending, and among other things, challenges the "validity" of the
Development of Regional Impact Development Order for the Key
Biscayne Hotel & Villas project. As a result, we would like to
have the monies paid held by Dade County in escrow in a separate
fund pending the final resolution of the litigation. If for any
reason the DRI Development Order should be rendered "invalid" by
the pending Circuit Court case or an action arising out of or
related thereto, any such sums paid to Dade County would be
returned to the project owners making said contributions
GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN $ OUENTEL P A
Mr Carey Lee Rawlinson, Jr
October 11, 1990
Page 3
Your assistance in resolving the foregoing issues will be
greatly appreciated We look forward to hearing from you shortly.
Sincerely,
;i1k J4?/ic5
ALAN S GOLD
ASG/bh
GREENBERG TRAURIG HC--�+,•ra _ PriFF ROSEN & OUENTEL P A