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<br />FEB-13-Z007 09:34AM FROM-CITV OF SUNNY ISLES BEACH <br /> <br />3057921563 <br /> <br />T-225 P.004/004 F-335 <br /> <br />R.K. ASSOCIATES <br /> <br />February 7, 2007 <br /> <br />P.O. Box 111 . tied ham, Massachusetts 02027.0111 <br />Telephone: 781-320-0001. Facsimile; 781-320-3610 <br /> <br />17100 Collins Avenue. Miami Beach, Florida 33160 <br />Telephone: 305.9494110. Fat:simile: 305-948-3410 <br /> <br />Hans Otl:inot Elq. <br />C~y of Sunny Isles Beech <br />18070 Collins Ave <br />Sunny 1.les, Fl33160 <br /> <br />RE: PORTERHOUSE RESTAURANT <br />WALL ZONINO VARIANCE IEASEMENTS <br /> <br />"For Settlement: Purposes Only" <br /> <br />Dear Hans; <br /> <br />We are in receipt of your correspondence of February s, ']!)O7 with regard. to the above referenced matter. We <br />have reviewed your prtllJO'al and are wIlling to IIJOrn with the City in the followinll mannen <br /> <br />1. We are willing to provide easements In both of our shopping centers located at 16850-17100 Collins Avenue and <br />18090-182990 Collins Ave between 5' and up to 10' if necl!lscry along the City Sidewal~ on Collins Avenue under <br />a specific agreement stipulating the following: <br /> <br />6Jour easement will only be given to the City once all other property owners along Collins Avenue <br />have provided similar easements to allow for the work to take place, <br />b. The easement will be used solely for maintenance and underground utility lines, planting and <br />maintenance of landscape in accordance with the City's plans and additional pedestria~ <br />walkways along Collins Avenue. <br />c. The City will be solely responsible for maintenance of any and all improvements in these areas at <br />all times at their sole cost and expenses. <br />d. Any work to be done in the easement areas will be done by the City at their sole cost and will be <br />done in a manner that will cause the least amount of interference with the Property owner's <br />shopping center and in the quickest period of time. <br />e. In no way shape or form will the shopping centers zoning rights or ability for development In the <br />future be affected in any way by the easements being provided. Any work in the easement areas <br />(i.e. landscaping or walkways) shall be designed In a manner to minimize any affect on the <br />shopping center ,and specifically not reduce parking in any way. <br />f. The easement improvements shall be designed in a manner to assure that the existing outdoor <br />dining areas and walls at La Terra<2a Restaurant at 18090 Collins and Starbucks at 17100 <br />Collins are not to be changed or modified unless agreed upon by the tenants in POSSession of the <br />premises. The wall and outdoor dining area at the Porterhouse restaurant that Is being granted a <br />variance shall be cut back and modified by the City at the time all Improvements aiong Collins <br />Avenue area being done. 'tit.. C'ily 'II Il1e;r Mle cost and ex"""",, ..rill ribYild tRs wall in the new <br />~raa in ell elEj'lS(litjll' I~ fRanl1ef so not to il'ltr:rfure 'hitl1 teRBAle bt:lsiREllISo <br /> <br />Please review this proposal with Jorge Vera and call me so that we may finalize this matter. <br /> <br /> <br />Cc: Raanan Katz. Jorge Vera <br />