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<br />l <br /> <br />SHUTTS <br />-&--- <br />BOWEN <br />LLP <br /> <br />JUDITH A, BURKE <br />(305) 379-9187 Direct Telephone <br />(305) 347-7787 Direct Facsimile <br /> <br />E-MAIL ADDRESS: <br />jburke@shulls,com <br /> <br />November 3, 2008 <br /> <br />VIA FEDERAL EXPRESS <br /> <br />Robert C. Solera <br />Community Development Director <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach, Florida 33160 <br /> <br />Re: Letter of Intent for Le Meridien Sunny Isles Beach - Application for <br />Conditional Use (the "Application") <br /> <br />Dear Mr. Solera: <br /> <br />This firm represents Fortune International Hospitality, LLC ("Fortune"), the owner and <br />operator of property currently developed as a resort known as Le Meriden Sunny Isles Beach <br />(the "Resort") located at 18683 Collins Avenue within the City of Sunny Isles Beach (the <br />"City"). The Property subject to this Application is legally described as the Easement Parcel <br />pursuant to that certain Declaration of Restrictions and Reciprocal Easement Agreement <br />recorded on March 1, 2005, in Official Records Book 23124, at Pages 3707-3749 and does not <br />include any portion of M Resort Residences, a condominium, The Property is legally described <br />in Exhibit "A" attached hereto, The overall site contains approximately 1.26 acres, and is zoned <br />MU-R under the City's Land Development Regulations (the "Regulations"). The Property is <br />designated Mixed Use - Resort/High Density under the City's Comprehensive Plan. As more <br />fully described below, Fortune is requesting conditional use approval to permit the operation of a <br />private beach club at the Resort utilizing the existing Resort amenities. <br /> <br />I. THE RESORT <br /> <br />The Resort contains numerous amenItIes, including a spa, fitness center, outdoor <br />swimming pool, indoor restaurant, bar/lounge, poolside dining and beach front access with <br />lounge-chair drinking and dining options. The Resort has been operating in its current <br />configuration since obtaining site plan approval on December 9, 1999, under City Commission <br />Resolution No, 99-Z-39 (the "Resolution"), a copy of which is attached as Exhibit "B", The <br />Resolution was adopted under the County's original RU-4A zoning. All of the ancillary uses <br /> <br />1500 Miami Center' 201 South Biscayne Boulevard. Miami, Florida 33 L\] . ph 305,358.6300 . fx 305.381.9982 . www.shutts.com <br /> <br />----+-- ---- ----- ----. -- -.-- ---.- <br /> <br />MIAMI FORT LAUDERDAl.E WEST PALM BEACH ORl.ANDO TAMPA TAl.l.AIIASSFE AMSTERDAM <br />