Resolution Zoning 07-Z-112 - Laserfiche WebLink

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. . . FROMBERG, PERLOW & KORNIK, P .A. Attorne~s at Law 18901 N.E. 29 Ave., Suite 100 Aventura, Florida 33180 Jeffrey M. Perlow Telephone (305) 933-2000 Telefax: (305) 936-0101 October 9, 2007 AMENDED THIRD AMENDED AND RESTATED LETTER OF INTENT Planning and Zoning City of Sunny Isles Beach 18070 Col/ins Avenue Sunny Isles Beach, Florida 33160 Re: Application for Site Plan Approval Townhome Development to be known as OCEANIKA ("Project") 18915, 16925, 18955, 18965, 18985, 19001, 19025, 19035 Atlantic Boulevard, Sunny Isles Beach, Florida ("Property") Dear Sir or Madam: This Amended Third Amended and Restated Letter of Intent replaces in its entirety the Third Amended and Restated Letter of Intent dated October 8, 2007, and further amends and restates that certain Letter of Intent concerning the Property dated June 25, 2007, that certain Amended and Restated Letter of Intent dated August 8,2007, and that certain Second Amended and Restated Letter of Intent dated September 11,2007 ("Second Amended LOI"), and is being submitted on behalf of Oceanic Development, LLC, a Florida limited liability company (the "Owner"). The Owner intends to build 20 new townhome units on the Property. Simultaneously with the Second Amended LOI, Owner submitted a revised Public Hearing Application ("Application") constituting the "supplemental disclosure of Interest" as required under the section of the Application appearing on pages 14 and 15 thereof concerning Contracts of Purchase, as the Owner, at the initial time of filing the Application was under contract to purchase the Property from Beachwalk Properties, LLC. The closing on the sale and purchase took place on August 29, 2007. A copy of the Warranty Deed conveying title of the Property is attached to the Second Amended LOI as Exhibit "A." The Property is zoned R-TH. Moderate Density Townhome Residential, pursuant to ~ 265.32 of the Sunny Isles Beach Code ("Code"). Owner intends to request the City of Sunny Isles Beach ("City") to enact a Resolution: Abandoning the west 10' of the utility easement located within the previously vacated alley/right of way ("Right of Way") located adjacent to the Property; ? Releasing any and all of the City's interest in and to the 5' utility e3~ement created in that certain Declaration of Restrictions dated August 11. 1948, recorded in Deed Book 3049, Page 139, of the Public Record of Miami-Dade County, Florida ("Public Records"), a copy of which is attached to the Second Amended LOI as Exhibit "B"; 3. Releasing the restrictions contained in that certain Agreement dated October 6, 1950, recorded in Deed Book 3356, Page 449 of the Public Records requiring that the improvements to the property described therein be limited to a duplex for no more than two families and terminating the Agreement, a copy of which is attached to the Second Amended LOI as Exhibit "C'"; and 24