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<br />FEB-13-2007 09:34AM FROM-CITY OF SUNNY ISLES BEACH <br /> <br />3057921563 <br /> <br />T-225 P.OO3/004 F-335 <br /> <br /> <br />(5) The oUTside dining walls located at the La Torraza Restaurant and Starbucks <br />shall not be included in the easement parcels unless the shopping centers are <br />developed under a new site plan. Upon request by the City, the wall located at the <br />Porterhouse Restaurant may be removed or reduced to accommodate the grant of <br />easements. Ifremoval or reduction is required, theCity agrees to reimburse the <br />Porterhouse Restaurant for reasonable costs and expenses associated with the <br />removal of the wall. The request for reimbursement is subject to the approval of <br />the City Commission. <br /> <br />As you may notice, the above conditions mirror conditions (b) through (f) asserted in your letter <br />with a few minor changes. TIlerefore, the City has only rejected the condition asserted in <br />paragraph (a) of your letter. This condition was not acceptable to the City because the grant of <br />easements were offered as mitigation for the Porterhouse. Thus, we do not believe that the grant <br />of easements should be conditioned on the grant of similar easements from other property <br />owners. Moreover, it is important to note that all the property owners along Collins Avenue are <br />required to provide the easements if they seek to redevelop their propeny. For example, the <br />Epicure project has agreed to provide the easement to the City. Simply put, the condition in <br />paragraph (a) is already required by City Code, <br /> <br />Finally, please be advised that the City Commission has the authority to accept or reject the <br />easements as mitigation for the variance request for the walt located at the Porterhouse <br />Restaurant. Under City Code, the authority to grant ordeny a variance request is within the <br />purview of the City Commission. Notwithstanding, it is my belief that your offer will <br />demonstrate to the City Commission that you are serious in mitigating the impact the wall may <br />have on pedestrian mobility along Collins Avenue. <br /> <br />If the foregoing is agreeable to you, please acknowledge your understanding and agreement by <br />signing this letter and delivering it to me no later than 10:00 a.m. on Wednesday, February 14, <br />2007. Your agreement will be memorialized into a condition of approval if the City Commission <br />approves the variance request. <br /> <br /> <br />AGREED AND ACCEPTED on F t B . - I J ~,2007. <br />R.K. ASSOCIATES <br /> <br />~ <br /> <br />cc: John Szerlag, City Manager <br />Patricia SaintVil-Joseph <br />Jorge Vera, Assistant City Manager <br />