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7211 SW 62 AVE MISC-000_001 s City of South Miami 6130 Sunset Drive, South Miami, Florida 33143 667-5691 February .18, 1981 Mr. Michael L. Thomas Continental Investors Group, Inc . P. O. Box 430390 South Miami , FL 33143 Re : Agreement between City of South Miami and South Miami Medical, Ltd/Continental Investors Group, Inc. Dear Mr. Thomas: This letter is to inform you that at a regular Commission meeting held on Tuesday, February 17, 1981, the City Commission rejected an Ordinance amending our Zoning Code to grant the City Commission the authority to reduce the size of right of ways from time to time . A copy of this proposed Ordinance is enclosed herewith. Had this Or- dinance passed, the City would then have had the legal authority to reduce the right of way requirements on 62 Avenue from 70 feet to 50 feet. Inasmuch as it dial not pass, there is no way that you can build the six small buildings which are the subject of the agreement between the City and yourselves dated January 20, 1981 and added to by addendum entitled "Letter of Understanding" dated February 5 , 1981 . Your attention is drawn to our original agreement dated January 20 , 1981, wherein it is stated "The City further agrees that this agree- ment is contingent upon the City permitting a 50 foot right of way instead of a 70 foot right of way, as is now required by law, . . . " Inasmuch as administration had no way of knowing how the City Com- mission would vote on this issue , it was necessary for the aforemen- tioned statement to be in our agreement. Since the Ordinance did not pass , obviously you will not be able to build the six buildings in accordance with the plans which are part of the aforementioned agreement. "City of Pleasant Living" I Mr. Michael L. Thomas February 18, 1981 Page 2 At this time you must make a decision as to whether you wish. to P roceed with your original plan of one building containi.ng approxi- mately 19 , 000 square feet. or change the plans which are the subject matter of the present agreement above referred to to conform to the existing laws of the City of South Miami . We urge you to make this decision immediately because your origi- ' nal building permit has been extended only through June 9, 1981 , In the event you decide to proceed with your original permit, please give us at least seven days notice of your decision. Sincerely, William E. Godwin City Manager G:h Enclosure RESOLUTION NO. 3-81-3940 A RESOLUTION OF THE CITY OF SOUTH MIAMI , FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CONTINENTAL INVESTORS GROUP, INC. , COPY OF WHICH AGREEMENT IS ATTACHED TO THIS RESOLUTION. BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That the City Manager be, and. he is hereby authorized .to enter into an Agreement with Continental Investors Group, Inc. , copy of which Agreement is attached to this Resolution. PASSED and ADOPTED this 20th day of January, 1981. APPROVED: MAYOR `Y ATTEST: /C Azlc'� CITY CLERK Vl by ®ved Mayor Block Vice a or Cn rewc "santz .�e��and�:d by - ,� YES NO Lcal'Y:� AGREEMENT THIS AGREEMENPente red into this 20th day of January, 1981, by and between the CITY OF SOUTH MIAMI, hereinafter referred to as the "First Party" , and CONTINENTAL INVESTORS GROUP, INC. , a Florida corporation, hereinafter referred to as the "Second Party" . W I T N E S S E T H: WHEREAS, the Second Party has been awarded Building Permit No. 22280 for building privileges at 6199 Southwest 78th Street, South Miami , Florida, and WHEREAS, a Resolution has been presented to the South Miami City Commission to rescind the aforementioned Permit, and WHEREAS, the parties hereto have met for the purpose of settling their differences, and WHEREAS , the City Manager has recommended the passage of a Resolution authorizing the City to enter into this Agreement. NOW, THEREFORE, for and in consideration of the sum of Ten ($10 . 00) Dollars and other good and valuable considerations , and in further consideration of the matters hereinbefore and hereinafter detailed, the parties hereto agree as follows : 1 . Building Permit No. 22280 is extended to and through the 9th day of June, 1981. 2. -The Second. Party agrees to forthwith apply to the approximately City for a Permit to building six (6) buildings , utilizing/ 18,000 square feet with a 50 foot right-of-way, all in accordance with the Zoning Laws of the First Party, instead of proceeding with the plans and specifications , which are the subject matter. of Building Permit No. 22280 . -1.- i - Y Y 3 . The six. buildings to be built on the premises located at 6199 Southwest 78th Street, South Miami , Florida, substantially pursuant to this Agreement, shall be/ in accordance with .that certain sketch attached to this Agreement, which sketch is marked Exhibit "A" , dated JanuaryC� , 1981, and prepared by Fernando Munilla, Architect for the Second Party. The sketch exact may not contain all of the/dimensions, plans and specifications required by the City, however, the First Party has examined the sketch and represents to the Second Party that no variances will be required for the issuance of a Building Permit for the said six buildings, provided, however, they are built in accordance with the existing Zoning Ordinance of the City of South Miami. The City further agrees that this Agreement is contingent upon the City permitting a 50 foot right-of-way instead of a 70 foot right-of-way, as is now required by law, and is further contingent upon approval of the plans and specifications which are to be prepared by the Second Party at their sole cost, by the Environmental Review Board. The Second Party represents that they will do everything within their power to comply with the lawful requests of the Environmental Review Board in connection with the application for a permit for the building of the six buildings, which are the subject matter of this Agreement, and the First Party represents that they will not unduly harass the Second Party, nor require the Second Party to comply with any requests which are contrary to law., 4 . Both parties recognize that there is presently a law known as "Zoning in Progress" , which prevents the building of any structures in RO Districts in excess of 3500 square feet per building. The Second Party represents that inasmuch as the buildings to be built are less than 3500 square feet each , that there is no impediment to building each of said buildings , providing all of the other requirement:.s of the law are met. -2- 5. In the event that the permit has not been issued, through no fault of the Second Party, by June 9 , 1981, the First Party agrees to extend the Building Permit No. 22280 so that the Second Party will not be prejudiced by any delay in the issuance of its permit for the six buildings , which are the subject matter of this Agreement, provided, however, the delay in receiving the permit is not due to the actions of the Second Party, their employees , or agents. 6. In any event, the Second Party agrees that no action will be taken with regard to Permit No. 22280 without giving the First Party at least seven (7) days notice of the Second Party ' s intention so to do, and the reasons therefor. 7. The Second Party agrees to comply with all reasonable requests of the First Party so that the Building Permit will be issued without delay for the six buildings described herein. 8 . The First Party further agrees that no action of theirs will , in any way, make it unlawful for the Second. Party to build the six buildings mentioned herein, as a result of such laws the First Party may pass with regard to . Zoning in Progress. 9 . As further consideration for the Second Party to enter into this Agreement, the First Party agrees not to charge the Second Party any additional Building Permit Fees for any of the permit or permits to be issued with regard to the building of the six buildings mentioned herein. 10 . The Second Party agrees that the First Party shall receive from the Second Party a Unity of Title Agreement providing that none of the six buildings may be sold separately without common ownership in the parking lot for all.. six buildings, it being the intention hereby that any sale or division of the six buildings shall not create a non-conforming use as to any one or more building. The First Party understands that the Second Party -3- r"% dj intends to create a condominium form of ownership of the six buildings, with common ownership by all -owners,of the parking facilities drdal.l common areas. 11 . This Agreement may not be changed, unless in writing, agreed to and signed by the parties hereto. 12 . In further consideration of the First Party entering into this Agreement, the Second Party agrees that the First Party shall not be liable- for any costs and expenses incurred by the Second Party in connection with their application for Building Permit No. 22280 , and any expenses incurred by them up to and through the date of this Agreement, provided, however, the First Party complies with all of the terms and conditions of this Agreement. 13 . This Agreement may not be assigned without written permission of the First Party, which written authority will not be unreasonably withheld. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Witnesses : CITY O� SOUTH MIAMI , By City Manager RR�p Attest• �Cf`/ - .e� City Clerk A� CONTINENTAL INVESTORS GROUP, INC. ]3y CRU of South Miami 6130 Sunset Drive, South Miami, Florida 33143 667-5691 February 5, 1981 Mr. .Micha.el L. Thomas Continental Investors Group, .I.nc. P. O. Box 430390 South Miami, FL 33143 Re: Agreement between City of South Miami, and South Miami Medical, .Ltd/Conti.nental Investors. Group, Inc. Dear Mr. Thomas : In response to your letter of January 29 , 1981., your proposed agreement is not acceptable to us and:� i.n its place and stead we have attached a letter of understanding, which. is to be an addendum to the original agreement and which requires the signatures of all interested parties. Sincerely, William E. Godwin City Manager WEG:srh "City of Pleasant Living" LETTER OF UNDERSTANDING This Letter of Understanding, regarding an Agreement between the City of South Miami and South Miami Medical , Ltd/Continen.ta,l Investors Group, Inc . , is agreed to by the Developer, South. Miami Medical , Ltd/Continental Investors Group, Inc . and the City, City of South Miami, is an addendum to and. shall become, a part of that certain contract by and between the parties,. dated January 20 , 1981 . The Developer agrees to forego development of the single 19fQ00 square foot structure and instead will build six smaller buildings of approximately 3 ,000 square feet each. A single building permit will be issued by the City to cover the entire construction project (all six buildings) . It is the Developer's intention to build the six buildings one at a time. However, the Developer agrees that if construction ceases for a period of 90 days or longer at any time the building permit will expire. The total site plan will be sub- mitted to the appropriate agencies for approval prior to construction taking place. The City will issue six Certificate of Occupanices (CO' s) , one for each individual building as it is completed and will not require the entire project to be completed before issuing the first CO. However, prior to the issuance of any Certificate of Occupancy, the Developer will complete the following on site preparations : 1. Drainage, parking lot base and paving will be completed for the entire project up to 5 ' from the Bagby lot line , (a/k/a 7799 SW 62 Avenue) . 2 . Vehicular use landscaping will be completed for the entire paved portion of the lot. 3. A bond will be posted. to assure completion of the right-of-way improvements and the removal of the Bagby house, as satisfactory to the City. 4 . The landscaping for each particular building will be completed prior to the CO being issued for that building. 5. Each building will meet all of the South Florida Building Code requirements and all of the South Miami Zoning Code requirements (as listed in the attached copies, marked Exhibit A) prior to .issuance of each CO. - 6 . Prior to issuance of the Building Permit for the project all parties having an interest in the property, .including mortgagees, will enter into a unity of title covering the entire property. i 2 It is further understood that the' Ba.gby property and building may remain in its. present state to serve as a construction headquarters. However, same shall be removed at the expense of the Devejloper prior to the construction of building number 5 (7741 SW 62 Avenue) . Except for the changes and additions contained in this addendum., all of the terms and conditions of the orignal. agreement by and between the parties, dated January 20 , 1981, shall be in full force and effect. You will please indicate your acceptance of the terms and conditions of this Letter of Agreement by your signature on the bottom of the copy hereof. William .E, .Go wi.n, City Manager. Date: Michael L.. Thom as Continental Investors Group, Inc. Date,', i r ow �y. l� .Exhibit A 5-10 "RO" RESIDENT,IAL OFFICE DISTRICT .. ' 5-10-1 Purpose The purpose of this district shall be to provide areas which will accommodate the limited office space needs of certain professional services in attractive, quiet, low profile buildings on heavily landscaped sites, architecturally compatible with the residential design, which will serve as transitional buffers between established residential neighborhoods and major traffic arterials or more intensive uses . 5-10-2 Uses Permitted All uses permitted in the "RS" Districts . offices used for the following services: Architecture Accounting and auditing Building contractor (office only, no equipment storage) Chiropractic Dentistry Engineering Insurance Investigative Investment and tax counseling Law Market research Medicine Notary public Planning and zoning consulting Public relations Real Estate Secretarial and stenographic service Social service bureau Studio for artist, sculptor or musician' (no teaching) Telephone answering Other office uses of a similar nature 5-10-3 Special uses Permitted . 01 Fraternal organization or private club; provided that it is on a site of no less than one (1) acre, that no structure is less than fifty (50) feet from an adjacent more restrictive residential district, that there be adequate ingress and egress which will not create adverse Revised : 6/12/73 2 3 Exhibit A RO (Continued) traffic conditions, and that a public hearing be held by the Council to determine the overall compatibility of the proposed use with the neighborhood. .02 Funeral home; ,provided that it is located on a site of not less than 20, 000 square feet, that it has at least twenty- five (25) off-street parking spaces on the premises, that no parking shall be located between the front of the main structure and the street or the side of the main structure and the street of a corner lot, that all ambulances and equipment shall be _housed in completely enclosed structure when not in actual use, that the main structure shall be at least forty (40) feet from any side lot line, that there shall be adequate ingress and egress which will not create adverse traffic conditions, and that a public hearing be held by the Council to determine the overall compatibility of the proposed use with the neighborhood. 5-10-3.03 Church, temple, synagogue, or similar house of worship; provided that it is on a site of no less than two '(2) acres, that no structure is less than one hundred (100) feet from an adjacent more restrictive residential district, that there be adequate ingress and egress which will not create adverse traffic conditions, and that a public hearing be held by the Council to determine the overall compati- bility of the proposed use with the neighborhood. .04 School, private; provided that there be adequate ingress and egress which will not create adverse traffic conditions . 5-10-4 District Regulations .01 Minimum lot size shall be as follows : Area - 7, 500 sq. ft. Frontage - 75 feet . 02 Minimum yard setbacks shall be as follows : Front - 25 feet Rear - 25 feet Side - 10 feet Side (corner) - 20 feet Side (adjacent to residential district) - 25 feet > Side (with driveway - 20 feet Revised: 6/12/73 �---. 24 RO (Continue - Exhibit A .03 No building shall exceed two (2) stories nor thirty_ (30) feet in height. No mezzanines or similar intermediate floor space arrangements shall be permitted. .04 The maximum lot area that may be covered by structures shall not exceed thirty (30) percent of the total lot area. .05 open space shall be provided on each lot equal to at least thirty (30) percent of the total lot area; said space shall be unencumbered by structures or off-street parking spaces and shall be landscaped and well main- tained with grass, .trees and shrubbery. A sprinkler system shall be installed to insure proper maintenance of landscaped areas. .06 All buildings shall be single-family residential in exterior appearance. The following criteria shalt be considered in determining whether proposed construction is architecturally compatible with residential design: (a) The color, texture and material utilized in the exterior facade of the building; (b) The shape, color and material used in construction of the roof of the building; (c) The degree and type of landscaping to be utilized; (d) The zoning of adjacent property; (e) The effect on existing traffic patterns and the location of the nearest major traffic arterials ; (f) The architectural. style of existing residential structures in the neighborhood. .07 No structure shall be constructed or altered to produce a store front, display window or commercial character. There also shall be no display from windows or door .08 Required off-street parking spaces shall not be permitted below grade nor in the front yard setback area. . 09 A decorative wall of masonry, reinforced concrete, pre- cast concrete, or otherlike material that will be Revised: 6/12/73 25 q Exhibit A RO (Continued) compatibile with the main structure, five (S) feet in height /. shall be erected along all interior property lines including 1. the rear property line; provided, however, in the event that the rear property line abuts a secondary road., said wall shall be set in ten (10) feet from the official right-of- way of the secondary road and said ten (10) feet shall be landscaped; provided further, in the event that the interior _side property line abuts the same or more liberal zoning district, the requirement for the wall along said common interior property line shall not apply. No wall ten (10) feet from •the front property line shall exceed four (4) feet in height. . 10 No vehicular access to an "RO" use shall be permitted on side adjacent to residential districts . . 11 No accessory buildings, utility transformer units, or storage of supplies, heavy equipment, or large vehicles shall be i permitted. . 12 - All proposed developments shall be accompanied by an overall site plan, as defined in Article XI, reflecting all signi- ficant aspects of the development. Properties adjacent to the proposed development shall be taken into consideration and a reasonable portion of these areas shall also be re- flected on the site plan. Revised : 6/12/73 26 Exhibit A RESOLUTION NO-_49-W-aM A RESOLUTION OF THE CITY OF SOUTH MIAMI , FLORIDA, SETTING A PUBLIC HEARING BEFORE THE CITY COMMISSION PURSUANT TO SECTION 14-2-4 OF THE CITY ZONING CODE FOR THE PURPOSE OF CONSIDERING A CHANGE IN THE DISTRICTS REGULATIONS OF RO (RESIDENTIAL OFFICE) DISTRICTS WITH REGARD TO ESTABLISHING MAXIMUM BUILDING SIZE OF 3,500 SQUARE FEET AND PROHIBITING THE CONNECTION OF ADJACENT BUILDINGS BY FENCES OR WALLS WHICH WOULD MAKE THE BUILDINGS APPEAR TO BE A SINGLE STRUCTURE PROVIDED HOWEVER THAT BUILDINGS MAY BE CONNECTED BY A BREEZEWAY; REQUIRING NOTICE OF SAID PUBLIC HEARING TO BE PUBLISHED BY THE CITY AND COPIES OF THE PROPOSED CHANGES TO BE AVAILABLE FOR INSPECTION IN THE CITY CLERK'S OFFICE. WHEREAS, Section 14-2-4 of the Zoning Code of the City of- South Miami known as "Zoning in Progress" authorizes the City to take the action hereinafter taken. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA: Section 1. That the 7th day of Anril , 1981, at 7:30 P.M. , is hereby set for a public hearing, said hearing to be held at the Commission Chambers at City Hall at the City of South Miami for the nurpose of considering a change in the district regulations of RO (Residential Office) districts with regard to establishing a maximum building size of 3,500 square feet-and prohi-bi-ting- the connection of adjacent buildings by fences or walls which would make the buildings appear to be a single structure provided, however, that buildings may be connected by a breezeway. Section 2. Notice of the public hearing herein set shall be published once in a newspaper of general circulation in this municipality. Interested oarties may appear at the hearing with respect to the proposed change. Copies of said change shall be available for examination by the general public in the City Clerk's office. PASSED and ADOPTED this 4th day of November, 1980. APPROVED: ATTEST: Move by Commissioner Porte Se ded or -: YES Mo CITY CLERK IWtal absent - DO NOT GIVE VERBAL ORDERS CITY OF SOUTH MIAMI INTER — OFFICE MEMORANDUM DATE February 3, 1982 TO: Carter McDowell, Dir.. Building, & Conr nit _ FROM: Chief Selsky -° RE: Police services rendered for Abacamba Construction Co. at 7701 - 7751 S.W. 62nd Ave. Please be ,advised that Abacamba Construction owes the City $975.60 for Police services at 7701 - 7751 S.W. 62nd Ave. on the following dates. December 15 - 18th, 1982. Please do not issue any Certificates of Occupancy for the above referenced property until this matter has been cleared up. D NOT GIVE VERBAL OF :RS W CITY OF SOUTH MIAMI INTER — OFFICE MEMORANDUM DATE October 6 , 1982 TO: City Attorney and City Clerk FROM: Carter N. McDowell , Director , Building , Zoning , and Com. Development Attached please find a letter from Continental Investors Group , Inc . requesting a release of waiver approved in Resolution #134-76-3503. , The work covered- by the Agreement and Covenant Running with the Land has been completed , and therefore , this Department feels it would be appropriate to release the waiver at this time. CNMcD : lr A L Continental Investors Group, Inc. LICENSED MORTGAGE BROKERS MICHAEL L. THOMAS MICHAEL A. JULLIE REAL ESTATE INVESTMENTS REAL ESTATE DEVELOPERS P.O. BOX 430390 SOUTH MIAMI. FLORIDA 33143 PHONE 13051 666.6575 September 14, 1982 Mr. Carter McDowell, Building, Zoning & Community Planning 6130 Sunset Drive South Miami, Fl. 33143 RE: City of South Miami Resolution No. 134-76-3503 Dear. Mr. McDowell: I am writing to request that the City of South Miami waive or otherwise release the requirements of the above captioned Resolution. The reason for this request is that curbs, drainage structures, paving, gutters and sidewalk improvements have been made in conjunction with the South Miami Medical, Ltd. project at the site. If you wish us to prepare a draft resolution,- please contact Dennis Berger at this office. We thank you for your cooperation in this matter. Yours truly, Michael A. Jullie MAJ/nc cif ► y��� PG1E1�J .77R11�i�3®1. REC RESOLUTION NO. 13,4-76-3503 A RESOLUTION OF-THE CITY OF SOUTH MIAMI, FLORIDA, WAIVING CURBS, DRAINAGE STRUCTURES, PAVING, GUTTERS AND SIDEWALK IMPROVEMENTS AS TO CERTAIN DESCRIBED PROPERTY OWNED BY JOSEPH R. BAGBY AND MARTHA G. BAGBY, AND LOCATED AT 7799 SOUTHWEST 62ND AVENUE, SOUTH MIAMI, FLORIDA, CONDITIONED THAT THE AGREEMENT AND COVENANT RUNNING WITH THE LAND ATTACHED TO THIS RESOLUTION IS EXECUTED BY THE OWNERS, WHICH AGREEMENT AND COVENANT RUNNING WITH THE LAND THE CITY MANAGER IS AUTHORIZED TO EXECUTE ON BEHALF OF THE CITY, AND WHICH AGREEMENT PROVIDES FOR CERTAIN LIENS, COVENANTS RUNNING WITH THE 'LAND, AND OTHER TERMS AND CONDITIONS. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request of Joseph R. Bagby and Martha G. Bagby to waive the installation of curbs, drainage structures, paving, gutters and sidewalk improvements for the property legally described as :' Lot 12 and the S 1/2 of Lot 11 in Block 3 Of LARKIN PINES, according to the Plat thereof as recorded in Plat Book 24, at Page 20, of the Public Records of Dade County, Florida, restricted however, to 87 feet of the above described property on S. W. 62nd Avenue and 140 feet on S.W. 78th Street, be, and the same is hereby granted subject to the terms and conditions of and provided Joseph R. Bagby and Martha G. Bagby, and all other persons having an interest in and to the above described property execute, the Agreement and Covenant Running with the Land, copy of which is attached to this Resolution. Section 2. The City Manager tie, and he is hereby authorized to execute the above mentioned Agreement' on behalf of the City. PASSED and- ADOPTED this 16 day of 'November, 1976. APPROVED IS Mayor ..� Attest: City�'lerk �� V REC uo,) njLuio AGREEMENT AND COVENANT RUNNING WITH THE LAND WHEREAS, JOSEPH R. BAGBY and MARTHA G. BAGBY, his wife, hereinafter referred to as "Owners" , are the owners of the following real property located in the City of South Miami, Dade County, Florida, to-wit: Lot 12 and the S 1/2 of Lot 11 in Block 3 Of LARKIN PINES, according to the Plat thereof as recorded in Plat Book 24, at Page 20, of the Public Records of Dade County, Florida, hereinafter referred to as "Property", and WHEREAS, the Owners have requested the City. of South Miami to waive the requirement of constructing curbs, gutters and -sidewalks at this time. NOW,. THEREFORE, in consideration of Ten Dollars ($10. 00) and other good and valuable considerations, the receipt and sufficiency of which the parties hereby acknowledge,, the_ parties hereto agree as follows: 1. The requirement of constructing curbs, gutters and sidewalks on the above mentioned property is hereby waived until such time as the City of South Miami requests that the items be constructed. 2. In the event the Owners, or their heirs and assigns, fail to construct the curbs, gutters and sidewalks when requested to do so by the City for any reason whatsoever, after .ha ving been given fifteen (15) days notice by certified mail to do so, then, and in that event, the City shall have the right to make such improvements upon said property described in this Agreement, and the costs therefor shall constitute a lien upon the above described property, subordinate only to governmental real estate taxes, and the assessment and collection of said lien shall be made in accordance with the law, including but not limited to the terms and conditions of Chapters 170 and 173 F.S.A. , said lien to be together with interest at six percent (6%) per annum and reasonable attorney's fees. -1- r REC JUOJ FG1t)1 3. All work, installations, and/or improvements to be made by the Owners shall be at the sole direction of the City, and at the sole cost of the Owners and at no cost to the City. 4. ` Covenants, agreements and undertakings of the Owners herein contained shall be and constitute covenants running with the land and same shall be binding on the Owners and their heirs and assigns in ownership of the above described property, and those persons who consent thereto. 5. The Owners shall supply the City with an Opinion of Title showing ownership of the aforedescribed property to be in the Owners, ' and naming all mortgagees, lienors, lessees, and other parties of interest, said Opinion of Title to be in a form approved by the City Attorney of the City, 6. This Agreement shall be effective only if all . mortgagees, lienors, lessees, and other parties of ,interest shall consent to the terms and conditions of this Agreement and Covenant Running with the Land. 7. This Agreement and Covenant Running with the Land. shall be recorded, at the expense of the Owners forthwith. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals this day of ,1976. Witnesses: OWNERS: l !i MARTHA G. BAGBY CITY OF SOUT IAMI By ;' C ty M n r Attest:, ,;, ' Approv d as to Form: City Att rney -2- CONSENT TO AGREEMENT AND COVENANT RUNNING WITH THE LAND ETHEL S. FELTS, the owner and holder of a mortgage dated January 9, 1974, filed January 14, 1974, under Clerk's File No. 74R-10452 of the Public Records of Dade County, Florida, encumbering the following described property, to-wit: Lot 12 and the S 1/2 of Lot 11 in Block 3 of LARKIN PINES, according to the Plat thereof as recorded in Plat Book 24, at Page 20, of the Public Records of Dade County, Florida, which mortgage was executed by RAINMAKER WATER KING, INC. , a Florida corporation, hereby consents to the foregoing Agreement and Covenant Running with the Land in favor of the City of South , Miami, and acknowledges that said mortgage shall be subject to the operation and effect of said Agreement and Covenant Running with the Land. Nothing herein contained shall be deemed to impose any liability or responsibility on ETHEL S. FELTS, as Mortgagee. Any liability or responsibility under said Agreement and Covenant Running with the Land, being that solely of the owner of said property. IN WITNESS WHEREOF, ETHEL S. FELTS, has caused these presents to be executed this -= day of �� C G " � �-�2 ,1976. Witnesses.:, ETHEL S FELTS P } REC JUOt PGRAU CONSENT TO AGREEMENT AND COVENANT RUNNING WITH THE LAND GLAROB ENTERPRISES, INC. , a Florida corporation, the' owner .and holder of a mortgage dated December 20, 1974, filed December 23, 1974,under Clerk' s File No. 74R-284011, recorded in Official Records Book 8864, Page 2225, of the Public Records of Dade County, Florida, encumbering the following described property, to-wit: Lot 12 and the S 1/2 of Lot 11 in Block 3 of LARKIN PINES, according to the Plat thereof as recorded in Plat Book 24, at Page 20, of the Public Records of Dade County, Florida, which mortgage. was executed by JOSEPH R. BAGBY and MARTHA G. BAGBY, his wife, hereby consents to the foregoing Agreement and Covenant Running with the Land in favor of the City of South r Miami, and acknowledges that said mortgage shall be . subject to the operation and effect of said Agreement and Covenant Running with the Land. Nothing herein contained shall be deemed to impose any liability or responsibility on GLAROB. ENTERPRISES, INC. , as Mortgagees. Any liability or responsibility under said Agreement and Covenant Running with the Land, being that solely of the owner of said property. IN WITNESS WHEREOF, GLAROB ENTERPRISES, INC. has caused these presents to be executed this 9//-S/—day of 197 . Witne. GLAROB NTERPRISE INC. By,, President Y Att t: Secretary ,� REC yb��S PG1��U i a a STATE OF FLORIDA ) COUNTY OF DADE ) SS: I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, JOSEPH R. BAG BY and MARTHA G. BAGGY, to me well known and known to me to be the individuals described in and wh executed the foregoing instrument, and they acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand .and Affixed my official seal at Miami, said County and State, this 11 Gday of t , ,197,9. 1 1 E7 Notary Publ tate of on a at Large My commission expires: -.Z A- - STATE OF FLORIDA ) COUNTY OF DADE ) SS: I HEREBY CERTIFY that on this day personally appeared befoi me an officer duly authorized to administer oaths and take acknowledgments, JACK PRESENT and AMY GLAZIER, City Manager and City Clerk of the City of South Miami, to me well known and known to me to be the individuals described in and who executed the foregoing instrument, and they acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affix d my off• ial seal at Miami, said County and State, t � �d ay of (. 1976. v ,Et Notary Public,. State of Florida';;` at Large If rT!t•F^ C Ie7 7!D;',AT i..'.;b'>:: My commission expires: RECORDED IN OFFICIAL RECORD3 9M OF DADE COUNTY, FLORIDA. RECORD VERIFIED RICHARD P.BRI NKEA% CLERK CIRCUIT COURT k e City of South Miami INTER—OFFICE MEMORANDUM TO: Rosemary Moshanko , City Clerk DATE: March 12 , 1982 Carter McDowell , Director, Bldg . , Zoning & Community Dev. FROM` SUBJECT:. Right-of-way Dedication Re : Opinion of Title , Unity of Title and release of bond for on-site public improvements for Lots 7-12 , Block 3 , Map of Larkin Pines , PB 24/20 , a/d/a 7701 -7751 S . W. 62nd Avenue , - South Miami , Florida Pursuant to my memo to you dated 2/3/82 I have not received a copy of the recorded Right,Of-Way Deed . Please forward a copy as soon as it is available . Also ,. attached for your records you will find the original copies of: 1 ) the recorded Unity of Title ; 2 ) Opinion of Title and No Lien Affidavit from the owners . Finally, the developers have fully complied with the City 's require- ments and have installed all of the . improvements covered by the bond referenced in the attached letter dated October 26 , 1981 , and posted on December 14 , 1981 . Therefore , you may direct the Finance Director to release said bond in the amount of $1 ,863 . 40 , to South Miami Medical Ltd . i •/ , • �_-' . UNITY OF TITLE x OFF (s8Z VAN 22 PH 12:' 47 EC 11330 Pc 1079 - WTHE^REAS, the undersigned is -the owner of that property described as Lots 7, 8, 9, 10, 11 & 12, in Block 3, of MAP OF LARKIN PINES, according to the Plat thereof, recorded in Plat Book 24, at Page 20, of the Public Records of Dade County, Florida. 7201, 7211, 7221, 7231, 7241, and 7251 Southwest 62nd Avenue, South Miami, ..Florida 33143 .Dade 44=ry, .Florida,..-and The undersigned recognizes and ,ackm ledges that for the public 'health, welfare, safety or morals, the herein-described property should not be divided into sepa- rate parcels owned by several owners so long as the same is put to the here- inafter use, and In consideration of the issuance of -a permit for construction of six (6) _ Office Buildings together will all required landscaping and off-street parking as required by code. and for other good and valuable considerations , the undersigned hereby agrees to restrict the use of the subject property in the following manner: 1 . . That said property shall be considered as one .plot and parcel of land and that no portion of said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one plot or parcel of land. 2. The undersigned further agrees that this condition, restriction and limita- tion shall be deemed a covenant running with the land and shall remain in full force .and effect and be binding upon the undersigned, their heirs and assigns until such time as the same may be released in writing by KVW Dtraomemmfxmt%ecx0adex9aa=axyxJBaX1d1M)tXdx8aczic WD*#ac*tWUAxdisxtW BdX%YVe b91Z"(1cxdw<X91 xxmydbvAAatX 8 1 .,ddxxBLX twhhLX�XdLe x)I Kx)t hgxab6Lx x�N&+ Vit4t(tWYi)kx6A&* )J*4x6fftxcyetXXbS xl*kex)W"I I tAitx"X)0 A LX0 XWOVA x:6ff 1XCV xiv wig ubwAu x the City of South Miami . 0 111��1 ,psi /,�.°�`•�`,°,` ti �.�-s ..��z"`. c��° f 4­' provided, however., that a release will be executed when the premises are made to conform with applicable -zoning 'regulations or the use or structure is removed from the :premises and there is no farther reason to maintain the Unity of Title on the .public records. Si gate+d., ..aeal,ed., ,:.aacec Iasi -and .acknowle fted on this 18th dav of December 119 81 SOUTH MIAMI MEDICAL, LTD. , a FlQridal taite , ...._ ,. tarpo.ra�te ;dame partnersllip.� 7 V By w Secre.ta Presidenti -Pres.id�nt � , � = ��,��7�.� s MICHAEL L. THOMAS, as Presid ¢ of CONTINENTAL INVESTORS GROUP, s ATE -OF FLORIDA) Partner COUNTY OF DARE ) I HEREBY certify that on this day before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally ap- peared MICHAEL L. THOMAS and MICHAEL A. JULLIE , to me known to be the persons described as President and Secretary of CONTINENTAL INVESTORS GROUP, INC. , General Partner o SOUTH MIAMI MEDICAL_, LTD. who executed the foregoing instrument , and te- fore we that such persons executed the said instrument _n t--- na=E Ind, for that corporation, affixing the corporate sea;. or that coraora_ o L r `.9,1- . Corporation i�.�e Two j., . R't 1 l 330 f 1 030 as such corporate officers such persons are duly authorized by that corporation to day so, and that the foregoing instrument is the act of that corporation. WITNESS my `};aa�i .���a offic-ial '.Goal, in -tt ,county and fatatt.e .named above this A 181h - :r�z_ December A.D. .;h9 81 ".0,�ii'Yttet e+ Notary Public in. �. � and .fA t Florida at Large My Commission expires: ° °let►++,+ t ""`(`~4 i c tta y PLiblic, State of Florida ar f..R• ; Al ^-nminsion Expires November 1, ' . . .. b3c, thru Maynard Bond;.lip Agency T . Corporation °l� �J . JOINDER BY MORTGAGEE ! 1330 1081 SOUTH MIAMI The undersigned SECURITY FEDERAL SAVINGS AND LOAN ASSOCIATION OF a Florida Corporation, Mortgagee., undsr that certain mortgage from SOUTH MEDICAL LTD. a Florida limited partnership dated tto day 19th of May 1.9 81 -and recorded i= Of ficial aecards sock 11108 page 2111 of the Public Records of Dade County, Florida., in the original amount of 1 1,200,000.00 covering all/or a portion of the property described in the foregoing agreement, do hereby- acknowledge that the terms of this agreement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this 21st day of January A.D. , 19 82 SECURITY FEDERAL SAVINGS AND , Y �? Name of Corporation •� ay.,�, E � O2F0,U MI ,. „n$RECORDED IN DFFiCIAI RECORDS DOOR B1!9 � L y 3 OF VADE COURT'a• FLORIDA• I RECORD VERMED Sr. Vice 5res ident and Loan Off c - IUCgARD P.BRINKER, CLERK CIRCUIT COURT. + Attest is (SEAL) Assistant Se r'etary STATE OF FLORIDA COUNTY OF DADE BEFORE ME, the undersigned authority, this day appeared appeared Norman C. Ridgely and Patricia L. Seward both being to me well known and known by me to be the Sr. Vice President & T.oan Officer and Assistgnt Assistant SecretarN of SECURITY FEDERAL SAVINGS AND LQ N ASSUCTATTON OF SniTTN MTAMT under the laws of the State of Florida , and which said Corporation is known by me to be the persons described in and which executed the foregoing instrument, the said officers of the said Corporation being likewise known by me to be the officers thereof who, in their official capacities as such officers of said Corporation executed, signed and delivered the said instrvneat as the act and deed of said Corportion, and the said officers of said-Corporation then -and there severally acknowledged to and before me that they executed the said instrument, acting in their said official capacities, for and as to the act and deed of said Corporation and in its name, and impressed thereon its Corporate Seal for the uses and purposes therein mentioned, and after being duly authorized and directed. WITNESS my hand and official Seal at South Miami in the Count• and State aforesaid, on this, the 21st day of January I A.D. 19 82 Ca •11:tltdi; My Commi b ' '' i:r :;` No ry Public in and for the State. of FI rids at Large �Upb,liF.1fA 'Vr`r'�VrSiUF iii u,t*l,c L AiSSQ$ d UP!iI � RAI WRITERS Joinder/Corporate vp - 8-20-81 OPINION OF TITLE TO: CITY OF SOUTH MIAMI, FLORIDA, BUILDING AND ZONING DEPARTMENT With the understanding that this Opinion of Title is furnished to the CITY OF SOUTH MIAMI , FLORIDA, BUILDING AND ZONING DEPARTMENT, as inducement for acceptance of a Declaration for Use/Unity of Title/Development Agreement covering the real property hereinafter described, it is hereby certified that I have examined a complete Abstract of Title covering the period from the beginning to the 26th day of January, 1982, at 8: 00 a.m. , inclusive, of the following described real property: Lots 7, 8, 9 , 10, 11 and 12, in Block 3, of LARKIN PINES, according to the Plat thereof, recorded in Plat Book 24, at Page 20, of the Public Records of Dade County, Florida. Basing my opinion on said Abstract, I am of the opinion that on the last mentioned date the fee simple title to the above describ- ed real property was vested in: SOUTH MIAMI MEDICIAL, LTD. , a -Florida Limited Partnership SUBJECT to the following encumbrances, - liens, and other exceptions: GENERAL EXCEPTIONS 1 . Agreement and Covenant running with the land filed May 18 , 1977, recorded in official Records Book 9683, at Page 1615, of the Public Records of Dade County, Florida. 2. Premises fall within the Everglades Drainage District and are subject to assessments thereunder. 3 . City of South Miami pending and certified liens, if any. 4 . Reservations and dedications shown on the Plat of LARKIN PINES, recorded December 2, 1925, in Plat Book 24, at Page 20 , of the Public Records of Dade County, Florida. 5. Resolution No. 134-76-3503 of the City of South Miami, Florida, waiving curbs, drainage structures, paving, gutters and sidewalk improvements, dated 11/16/76, recorded 5/18/77 in Official Records Book 9683, at Page 1615, of the Public Records of Dade County, Florida, and 'Agreement and Covenant Running with the land attached thereto, between Joseph R. Bagby and Martha G. Bagby, his wife, and the City of South Miami, recorded in Official Records Book 9683, at Page 1616, of the Public Records of Dade County, Florida, as to Lot 12, and the South 1/2 of Lot 11 . .6. Any lien for water, sewer or gas as provided by Section 159.17 of the Florida Statutes . SPECIAL EXCEPTIONS 1. Mortgage executed by South Miami Medical -Ltd. , a Florida limited partnership, in favor of Security Federal Savings and Loan Association, of South Miami, dated 5/19/81, record- ed 5/21/81 in Official Records Book 11108, at Page 2111, of the Public Records of Dade County, Florida, securing a prom- issory note in the principal amount of $1, 200, 000 .00. 2 . Taxes for the year 1981 . F y / PAGE TT''1 OF TWO PAGES OPINION OF TITLE SPECIAL EXCEPTIONS CONTINUED: 3 . Notice of. Commencement filed by South Miami Medical, Ltd. , a Florida limited partnership 5/28/81, in Of- ficial Records Book 11113, Page 1942, �of the Public Records of Dade County, Florida. 4 . Claim of Lien, filed by Abacama Construction, Inc. , against Stacy Construction Corp. , and South Miami Medical Center, Ltd. , in Official Records Book 11325, Page 1421, of the Public Records of Dade County, Florida, and Notice of Contest of Lien, filed January 25, 1982, in Official Records Book 11333, at Page 71, of the Public Records of Dade County, Florida, by South Miami Medical, Ltd. , to Abacama Construction, Inc. GENERAL EXCEPTIONS CONTINUED: 7 . Unity of Title Agreement, filed January 22, 1982, in Official Records Book 11330, at Page 1079, of the Public Records of Dade County, Florida, by South Miami Medical Ltd. , a Florida limited partnership. Therefore, it is my opinion that the following parties must join in the agreement in order to make. the agreement a valid and binding covenant on the lands described herein,:. and that no other party has an interest, in particular Abacama Construction, Inc. a lieh . . claimant, of such dignity requiring their joinder in the Unity of Title Agreement, aforedescribed. NAME INTEREST SPECIAL EXCEPTION NUMBER SOUTH MIAMI MEDICAL LTD. owner SECURITY FEDERAL SAVINGS & LOAN ASSOCIATION OF SOUTH MIAMI lender 1 I , the undersigned, further certify that I am an attorney-at-law, . duly admitted to practice in the State of Florida, and a member of good standing of the Florida Bar. Respectfully submitted this 2nd day of February, 1982, A. D. X lit 4n- H4 J m s S adelma P. A. Att n y-at-Law 219 r outheast 17th Street, Suite 225 Fort Lauderdale, Florida 33316 (305) 524-1540 SWORN TO AND SUBSCRIBED efore me this 2nd day of February, 1982. (SEAL) of y Public - State F da @ rge My Commission expires: NOTARY-PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES FEB 22 1984 8ONDED 7HRU 'GENERAL INS; UNDERWRITERS a OPINION OF TITLE TO: CITY OF SOUTH MIAMI, FIDRIDA BUILDING AND ZONING DEPARTMENT With the understanding that this Opinion of Title is furnished toCity of South Miami, Florida, Building and Zoning Department as inducement for acceptance of a Declaration for Use/Unity of Title/Development Agreement covering the real property hereinafter described, it is hereby certified that I have examined a complele Abstract of Title covering the period from the beginning to the 21st day of January , 1982 at 8:00 A. M. , inclusive, of the following described real property: Lot 7, 8, 9, 10, 11 and 12, in Block 3, of LARKIN PINES, according to the Plat thereof, recorded in Plat Book 24, at Page 20, of the Public Records of Dade County, Florida. Basing my opinion on said Abstract, I am of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: SOUTH MIAMI MEDICAL, LTD. , a Florida Limited Partnership SUBJECT to, the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS 1. Agreement and Covenant running with the land filed May 18, 1977, recorded in Official Records Book 9683, at Page 1615, of the Public Records of Dade County, Florida. 2. Premises fall within the Everglades Drainage District and are subject to assessments thereunder. 3. City of South Miami pending and certified liens, if any. 4. Reservation and dedications shown on the Plat of LARKIN PINES, recorded December 2, 1925, in Plat Book 24, at Page 20, of the Public Records of Dade County, Florida. 5. Resolution No. 134-76-3503 of the City of South Miami, Florida, waiving curbs, drainage structures, paving, gutters and sidewalk improvements, dated 11/16/76, recorded 5/18/77, in Official Re- cords. Book 9683, at Page .1615, of the Public Records of Dade County, Florida, and Agreement and Covenant Running with the land attached hereto, between Joseph R. Bagby and Martha G. Bagby, his wife, and the City of South Miami, recorded in Official Records 'Book 9683, at Page 1616, of the Public Records of Dade County, Florida, as to Lot 12, and the South 1/2 of Lot 11. 6. Any lien for water, sewer or gas as provided by Section 159.17 of the Florida Statutes. SPECIAL EXCEPTIONS 1. Mortgage executed by South Miami Medical Ltd. , a Florida limited partnership, in favor of Security Federal Savings and Loan Associa- tion, of South Miami, dated 5/19/81, recorded 5/21/81 in Official Records Book 11108, at Page 2111, of the Public Records of Dade County, Florida, securing a promissory note in the principal amount of $1,200,000.00. 2. Taxes for the year 1981. 3. Notice of Commencement filed by SOUTH 12IA14I MEDICAL LTD. , a Florida limited partnership 5/28/81 in Official Records Book 11113, Page 1942, ' of the Public Records of Dade County, Florida. 4. Claim of Lien, filed by Abacama Construction, Inc., against Stacy Cor7 struction Corp., and South Miami Medical Center, Ltd., in Official Re- cords Book 11325, Page 1421, of the Public Records of Dade County, Florida. (NOTE: Lien is being Bonded with the Clerk for Dade County, Florida) v Therefore, it is my opinion that the following parties must join in the agree- ment in order to make the agreement a valid and binding covenant on the lands described herein. NAME INTEREST SPECIAL EXCEPTION NUMBER SOUTH MIAMI MEDICAL LTD. owner SECURITY FEDERAL SAVINGS & LOAN ASSOCIATION OF SOUTH MIAMI lender 1 I, the undersigned, further certify that I am an attorney-at-law, duly admitted to practice in the State of Florida, and a member of good standing of the Florida . Bar. Respectfully submitted this 22nd day of January A. D.., 1982. / Co H. Jam Stadelman, P. A. Attorti -at-Law 2190 'Southeast 17th Street, Suite 225 Fort Lauderdale, Florida 33316 (305) 524-1540 SWORN TO AND SUBSCRIBED TO bef: e me this 22nd day of January 19 82. j (SEAL) Nota y Public - tate of lori La ge NOTARY PUBLIC STATE OF FLORIDA AT LARGE My commission expires: MY COMMISSION EXPIRES FEB 22 1984 BONDED TNRU GENERAL INS, UNDERWRITERS H. JAMES STADELMAN, P. A. ATTORNEY AT LAW SUITE 225 2190 SOUTHEAST 17T!+ STREET FORT LAUDERDALE, FLORIDA 33316 TELEPHONE 13051 524-1540 ' February 9, 1982 Gus Efthimiou, Esquire Attorney for South Miami 1025 Dupont Building Miami, Florida 33131 Re: SOUTH MIAMI MEDICAL CENTER, LTD. Lots 7, 8, 9, 10, ll and 12, Block 3 of LARKIN PINES, Dade County, Florida. Dear Mr. Efthimiou: The Opinion of Title previously forwarded to you along with the Unity of Title reflects that in my opinion the interest of Abacama Construction, Inc. as a mechanic lien claimant, is not such that their execution would be required on the Unity of Title. This office, accordingly, will defend any claim and pay such claim if judgment is rendered in favor .of Abacama Construction, Inc. thereon along with all costs and reasonable attorney's fees incurred in trial or appellate courts by the City of South Miami, Florida. Cordially, H. Jam s 6Stadelman HJS: fc cc. South Miami Medical Ltd. ?' CORPORATE AND NO-LIEN AFFIDAVIT STATE OF FLORIDA) COUNTY OF DADE ) ON THIS DAY, personally appeared before me, the undersigned authority, authorized to administer oaths and take acknowledgements, DENNIS BERGER, to me well known, who, upon first being duly sworn, deposes and says: 1. THAT he is the Assistant Vice President of CONTINENTAL INVESTORS GROUP, INC. ; J 2. THAT as the Assistant Vice President of CONTINENTAL INVESTORS GROUP, INC. , is a chief executive officer of said corporation and has full knowledge of the assests of SOUTH 24IAMI MEDICAL, LTD. , a Florida limited partnership of which CONTINENTAL INVESTORS GROUP, INC. is the General Partner. 3. THAT the below described parcel of real estate is not the last asset of the partnership, nor is it essential to its corporate business. 4. THAT said partnership is the owner of the following described property: Lots 7, 8, .9, 10, 11 and 12, in Block 3, of LARKIN PINES, according to the Plat thereof, recorded in Plat Book 24, at Page 20, of the Public Records of Dade County, Florida. 5. THAT said partnership is in exclusive possession of the pro- perty and no other persons have any possessory rights therein; 6. THAT there has been no work done or materials furnished to the above described premises within the past ninety (90) days preceeding the signing of this Affidavit upon which payment has not been fully made, nor is there any person, firm, corporation or governmental authority entitled to any claim or lien on the above described property by virtue of any work, labor, services or materials furnished in connection with the improvements on said property,except as alleged by Lien filed January 18, 1982 in Official Records Book 11325, at Page 1421, of the Public Re- cords of Dade County , Florida, filed by Abacama Construction, Inc. FURTHER AFFIANT SAITH NAUGHT. Dennis Berger, Usistant Vi'c6-Pres-id-ent6 CONTINENTAL INVESTORS GROUP ._ IPT .. o ; 0 Sworn e-o and subscribed before me this 26th day of nary, 1982. ota Public - ate of Yidaf'arge: ^\ My Commission expires: ' TAI? MIT STATE OF FLORIDA AT LA-WGp MY COMMISSION EXPIRES FEB 22 1984 r� BONDED THRU .GENERAL INS; UNDERWRITERS, ;'•, Continental Investors Group, Inc. 0 � LICENSED MORTGAGE BROKERS MICHAEL L. THOMAS MICHAEL A. JULLIE REAL ESTATE INVESTMEN REAL ESTATE DEVELOPER P.O. BOX 430390 SOUTH MIAMI. FLORIDA 33143 PHONE 13051 666-6575 October 26, 1981 City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Attention: Mr. Carter Mc Dowell Re: South Miami Medical, Ltd. Dear Carter, As per your. request on several items described on my submitted sketch, I am herewith requesting the following. 1) That the existing Banyon tree is to remain. I will trim the air roots and clear the surrounding area of the trunk for you on site inspection. 2) The electric service to the buildings will exit to the rear property line. Florida Power and Light must confirm this. 3) The following cost estimate is for a bond covering the area of the construction trailer which will be moved off the site after the Certificate of Occupancy is issued. I have been informed the bond will be 1100 of the estimated cost of labor and materials. Paving: 42' - 0" x 67'-0" +- =1693 S. F. =188 S.Y. @ $6.00 = $1128.00 9 600 S. F. Sod @ .12� 72.00 120 L. F. Parking Lines @ .20� 24.00 7 Pre-cast curbs @ $10.00 each 70.00, 100 C. Y. Stone Fill @ $4.00 C. Y. 400.00 $1694.00 110% of cost----=--- 110.00 Bond Amount ------ .3�. l�3 yo I hope this meets with your approval. Yours truly, DB/pw Dennis Berger r CASH RECEIPT N0, 23 4 6 Ow 1�t 19 p �D C city Of SM 1 ML3MI ACCOUNT NO . ^ � c� o FuND � o s RECEIVED OF J. lD J. f fQ Q Q DESCRIPTION_----�Z '.`, - ,,r�... rD J. • n AMOUNTS DOLLARS $ . _ s C;" 0- t i Make all checks payable to w co City of South Miami , Florida /j,/' r / 01% UN 0 0 � r.n q r SOUTH MIAMI MEDICAL 289 OPERATING ACCOUNT 5111 S. W. 8TH ST., SUITE 206 MIAMI, FLORIDA 33134 63-550/660 I)j%'Y'TH E ORDER OF -4//-1eJUOLLARS m 71 PAN AMERICAN BANK,N.A. �OYTM MIAMI Oww10• 1g ��.� � CORAL OABLQB, FLORIDA 93143 1:06600 5 50 21: V L8 L 300 7 580ii' NUOCO pOi , , Citu of South Miami 6130 Sunset Drive, South Miami, Florida 33143 667-5691 February 16 , 1982 Mr . Michael A. Jullie Continental Investors Group , Inc . P . 0 . Box 430390 South Miami , Florida 33143 Re : 7701 through 7751 S . W. 62nd Avenue . Dear Mr. Jullie : As per our conversation of this morning the compact parking spaces must. be marked "Compact Only" and the remaining right-of-way area on S . W. 62nd Avenue ,where the installation of a new water line occurred , will have to be filled and resodded . In consideration for the issuance of the Certificates of Occupancy for the six buildings , the .public improvement bond , posted in the amount of $1 ,863. 40 , shall be deemed to also cover the public improvements listed above . Sincerely , d Carter N . McDowell Director , Building , Zoning & Community Development Dept . CMcD :jk AGREED , ACKNOWLEDGED AND ACCEPTED BY SOUTH MIAMI MEDICAL LTD. By Mich e 1 e , Secretary CONTINENTA I ESTORS GROUP , INC . GENERAL PAR ER "City of Pleasant Living" f C NOT GIVE VERBAL O ERS CITY OF SOUTH MIAMI INTER — OFFICE MEMORANDUM DATE February 3 , 1.-982 Rosemary Moshanko , City Clerk TO: FROM: Carter McDowell , Director Building , Zoning & Community Development Re : Dedication of right-of-.way , waiver of right-of,,way improvements and unity of title for Lots 7c12 , Block 3 , Map of Larkin Pines , PB 24/20 , a/k/a 7701 -7751 S . W. 62nd Avenue , South Miami , Florida . . At-tached you will find a copy of a Right-of-Way Deed for the west 10 feet of the above referenced property . Please have this properly- recorded as soon as possible . Likewise , the Waiver of Right-of-Way Improvements authorized by the City Commission will not need to be executed because the owners have installed all required right-•of-way improvements . Finally , I will forward the required Unity of Title and attendant Opinion of Title as soon as they are in proper form. FIGHT - OF - WAY DEED TO CITY OF SOUTH MIAMI CONVEYS THE TITLE FOR HIGHWAY PURPOSES STATE OF FLORIDA, COUNTY OF DADE, CITY OF SOUTH MIAMI. THIS INDENTURE, Made this.._______---_day of....December, A.D., 1SP_1__, by and between _South Miami Medical , a Florida Limited Partnership____--------------------------------- -------------=-------------------------------------------------------f of the County of-----Dade-------------- State of Florida ___ part-Y-----of the first part and the CITY OF SOUTH MIAMI, a body corporate and a political subdivision of the State of Florida, and its successors in interest, party of the second part. WITNESSETH:— i g f •That the said party------of the first part, for and in consideration of the sum or.One Dollar to__ ,he_-----in hand paid by the party of the second part, receipt whereof is hereby icknowledged,: and for other and further good and valuable considerations;,ddes_.hereby grant, bargain and sell to the party of the second part, and its successors .in interest,for the purpose of 4'public highway and purposes incidental thereto, the following described land; situate, lying and being in the CITY OF SOUTH MIAMI, State of Florida, to-wit'- The westerly 10 .feet of Lots 7 , 8 ,9, 10,11 and 12 , Blk""3 , Larkin Pines, according to the plat thereof, as recorded ' in Plat Book 24 , page 20 of the Public Records of .Dade,' County, Florida J.1;j 4" It is the intention of the part__Y----of the first part by this instrument to convey to the said City, and its.successors in interest, the land above described.for use-as,a-public high- way and:for all purposes.incidental thereto. it'is I expressly'p`r'ovided that if and when the said highway shall be lawfully'and per- manently discontinued, the title to the said above described land shall immediately revert to the part__y__:__ of the first part, -t.n----successors, heirs and assigns, and ` ___:`__'_`_"_,i t_____:shall have the right to immediately re-possess the same. And the said part_y_______ of the first part_________________hereby fully warrantP_ the title to, said land,,and will defend the same against t he lawful claims of all persons whomsoever, claiming.by, through or under__-t__________ , IN WITNESS WHEREOF, the said part--y______of the first part,_____h&._____hereunto set , ,. ..; _ i t_-__hand____ and seal__-, the day and year above written. Signed, Sealed and'delivered in our presence: S UT IAMI MEDIC L, :I�- ----- -- ---;- - --- ---- - --------i- �?---------------------------------- -------------(SEAL) by. i — -p o s resic.en._ ---------_Continental Investors-----Group, Tnc_ (SEAL)— ----- ----- --------------------------------- ---------- Genera Partner (SEAL) by- iT dtxi Vie-;secr�et2rry ' " --------------------------------------------------------(SEAL) fill neneral Partner + ' STATE O . Florida ----------------------------------------- COUNTY OF------D-------ade------------------------- 1 I FIER B ERTIFY, That on this--), day of..... December___, A. D. 1981_, before fr .e ;s me personalty appeared,- --- - ---- -- -- _ -- --_Ma.chae].-- Thonnas1--P_resirlent^------- — __ Continental Investors_Group.,...Inc-. _ - - -------- ------------------------------------------------- to-me known;to.�be:.the person____ described in and who executed the foregoing conveyance to the CITY of SOUTH'MIAMI, a body Corporate, and a political subdivision of the State of Florida, 'and wh6 L_acknowledged.to me the.execution thereof to be_______K_his_-free act and deed for the uses and purposes therein mentioned. `And the said=:----- - -------------- -- ----- ----- - �`xthe wife of the said ------------------------------------ a separate, , ..ndY , e. -- --- -------'-= '•---=------ -=---------=------------------------ --- on :a: private examination taken and In' aide"by and before -me, and separately and apart frofif fier•raid husband; did ac- knowledge,;that she executed the said deed for the purposes therein set forth, freely and vol- untarily, and.;without any fear, constraint, apprehension or compulsion:of or,from her.said husband: WITNESS my signature and official seal atSau_th__-r_ia ai..fi_-_, in the County and State aforesaid, the day and year last aforesaid. F'loria'a'- Notary Public, State of---_----------------------_------------ My commission expires--------------- ------ _.:-- -- Notary Pubiic, State of Florida St Lame - Commission Expires November 1, 1985 Bonded thou Maynard Bonding A9en"y W ro rfl d 0 ? ? y O �y y CD O s Y ! I r•t y In N oil 021 o-3 �. !! CG yy I . , i s I AGREEMENT AND COVENANT RUNNING WITH THE LAND WHEREAS, South Miami Medical , Ltd . hereinafter referred to as "Owner," is the owner of the following real property located in the City of South Miami , Dade County, Florida, . to-wit: Lots 7 through 12 , Block . 3 , MAP OF LARKIN PINES according to the Plat thereof, as recorded in Plat Book 24 , Page 20 , of the Public Records of Dade County , Florida . hereinafter referred to as "Property," and WHEREAS, the Owner has requested the City of South Miami to waive the requirement of constructing paving improvements on S. W. 78th Street at this time. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of .which the parties hereby acknowledge, the parties hereto agree as follows: 1 . The requirement of constructing paving improvements on S. W. 78th Street on the above mentioned property is hereby- waived until such time as the City of South Miami requests that the i-tems,-be constructed. 2. In the event the Owner, or his heirs and assigns, fails to construct the paving improvements on Southwest 78th Street when requested to do so by the City for any reason whatsoever, after having been given fifteen (15) days notice by certified mail to do soy then, and in that event, the City shall have the right to make such improvement upon said property described in this Agreement, and the cost therefor shall constitute a lien upon the above described property, subordinate only to governmental real estate taxes, and the assessment and collection of said lien shall be made in accordance with the law, including, but not limited to the terms and conditions of Chapters 170 and 173 F.S.A. , said lien to be together with interest at six percent (6%) per annum and reasonable attorney's fees. 3. All work, installations and/or improvements to be made by the Owner shall be at the sole direction of the City and at the sole cost of the Owner and at no cost to the City. . 4. Covenants, agreements, And undertakings of the Owner herein contained shall be and constitute covenants running with the land and same shall be binding .on the Owner and his heirs and assigns in ownership of the above described property, and those persons who consent thereto. 5. The Owner shall supply the City with. ap Opinion of Title showing ownership of the aforedescribed property to be in the Owner and naming all mortgagees, lienors, lessees and other parties of interest, said Opinion of Title to be in a form approved by the City Attorney of the City. 6. This Agreement shall be effective only if all mortgagees, lienors, lessees, and other parties of interest shall consent to the terms and conditions of this Agreement and Covenant Running with the Land. 7. This Agreement and Covenant Running with the Land shall be recorded at the expense of the Owner forthwith. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals this day of 1981 . CITY OF SOUTH MIAMI By City Manager Attest: City Clerk Approved as to Form: City Attorney, STATE OF FLORIDA ) SS: COUNTY OF DADE - ) I4iEREBY CERTIFY that on this day personally appeared before me the following officers duly authorized to administer oaths. and take acknowledgments, City Manager, and City Clerk of the City of South Miami , to me well know-n---a-n-a- known to me to be the individuals described in and who executed the foregoing instrument, and they acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. I.N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Miami , said County and State, this day of 1981 . Notary Public, State of Florida, My commission expires: at Large .t WHEN THE OWNER IS A CORPORATION IN WITNESS WHEREOF, the Owner has executed these. presents this day of 19 ATTEST : Secretary - (Correct name of Corporation By President (Affix Corporate Seal ) STATE OF FLORIDA ) COUNTY OF DADE . ) I HEREBY CERTIFY that on this day of 19 , before me personally appeared and known by me to be President and Secretary, respectively of a Corporation organized under the Laws of the State of to me known to be the persons who signed the foregoing instrument as such officers and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and that they affirmed thereto the official seal of said Corporation, and that the said instrument is the act and deed of said Corporation. WITNESS my signature and official seal at _ in the County of and State of the day and year last aforesaid. (NOTARY PUBLIC SEAL) My Commission -expires: Notary Public, State 'of ors a at arge 4 4 1 CONSENT TO AGREEMENT AND COVENANT RUNNING WITH THE LAND the owner and holder of a mortgage dated filed in Official Records Book at Page in the original principal sum of encumbering the following described property : hereby consents to the foregoing Agreement and Covenant Running with the Land in favor of the City of South Miami , and acknowledges that said mortgage shall be subject to the operation and effect of said Agreement and Covenant Running with the Land. Nothing herein contained shall be deemed to impose any liability or responsibility on as Mortgagees . Any liability or responsibility under said Agreement and Covenant Running with the Land , being that solely of the owner of said property . IN WITNESS WHEREOF , has caused these presents to be executed this day of 1981 Witnesses : By Attest : Continental Investors Group, CHAEL L. M LICENSED MORTGAGE BROKERS I MICHAEL A.THOMAS JULLIE REAL ESTATE INVESTMENTS REAL ESTATE DEVELOPERS P.O. BOX 430390 SOUTH MIAMI, FLORIDA 33143 PHONE 13051 666-6575 December 31, 1981 Mr. Carter McDowell Building Department City of South Miami RD: Handicapped Access Six office buildings 7701 - 7751 S.W. 62nd Ave. Dear Mr. McDowell: Pursuant to our meeting as of this date this letter confirms as follows : 1. One of the six buildings is supplied with an elevator and the ground floors of all six buildings provide for handicapped access. 2 . That the six two story office buildings are currently and will be at the time the certificates of completion and/or occupancy are issued titled in South Miami Medical, Ltd. as owner of each building. In that the buildings are constructed according to the approved. plans, and in that the buildings do conform to the codes, there should be no impediment to certificates of completion and/or occupancy being issued. Kindly sign the enclosed copy of this letter and return to me at your earliest possible convenience so that we can proceed to schedule closings as soon as possible. We hope that this letter clarifies this matter. Yours , r y, Michae Jullie Agreed, Acknowledged, accepted. By: Date: Carter McDowell Bldg. Dept. City of South Miami Continental Investors Group, Inc. `` V LICENSED MORTGAGE BROKERS ``O MICHAEL L. THOMAS , MICHAEL A. JULLIE REAL ESTATE INVESTMEN REAL ESTATE DEVELOPERS P.O. BOX 430390 SOUTH MIAMI. FLORIDA 33143 PHONE 13051 666.6575 October 26, 1981 City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Attention: Mr. Carter Mc Dowell Re: South Miami Medical, Ltd. Dear Carter, As per your request on several items described on my submitted sketch, I .am herewith requesting the following. 1) That the existing Banyon tree is to remain. I will trim the air roots and clear the surrounding area of the trunk for you on site inspection. 2) The electric.service to the buildings will exit to the rear property line. Florida Power and Light must confirm this. 3) The following cost estimate is for a bond covering the area of the construction trailer which will be moved off the site after the Certificate of Occupancy is issued. I have been informed the bond will be 1100 of the estimated cost of labor and materials. Paving: 421 - 011 x 671-0i1 +- =1693 S. F. =188 S.Y. @ $6.00 = $1128.00 9 600 S. F. Sod @ .12� 72.00 120 L. F. Parking Lines @ .20� 24..00 7 Pre-cast curbs @ $10.00 each 70.00, 100 C. Y. Stone Fill @ $4.00 C. Y. 400.00 $1694.00 1100 of cost-------- 110.00 �J Bond Amount -------- 1804.00 �`l3 I hope this meets with your approval. Yours truly, DB/pw Dennis Berger FORM 166-2 Available from �Inc.,Groton,Mass.01450 NO CARBON PAPER REQUIRED: Just type (or write)on origir ur impressi4will automatically appear on copies beneath. Fold at arrow(>)to fit#771 DU-O-VUE envelope. P.O. Box 430390 .�.VLL�LJLJ lY SOUTH MIAMI, FLORIDA 33143 LETTER (305) 666-6575 Date /�+0 /Z Z To Ca..r--rsm Ac DowsLL Subject Sc. /I,Avti, Ar,,cxL LTD f. P. G. J�ec✓f.41�Tio�S' ��/ SMEETS� PL•E,9S�' .c',f�/i�u/ TiS��E G`"�c Lvs,�r� ,oi�s-c,c.6 e c� �'�,s r✓�.E's ,eE4,gi�,,o.ivy 7`�E �,.+�yyvn� T.t�,E/T.�iC.�'2/cc,.ea t✓w�. 7 jir►a ♦S 0'r 744 E.SSEoYC'- .?Ffl�iy�2,aiNcJ 7X>/E 4f Pe '0VTW �Nf'OR/►�S Sys E Th py �V�pc/ Z O" G�apiv .�i�s er Ta /� ��� 7h�'if �OLo� ♦N �/iil.G� W lip cy /YlCpAl iho(//i'J� Tha �Uf6 C,,Av.N' or cvzzr .Q/any s w• 6 "'°,Qvs , Sze ,3,2-O.S/.,rOF. eNO.loso SKctch�. .. ......... SIGNED Please reply ❑ No reply necessary y 0%_ ` FLORIDA POWER & LIGHT CO_ Y . SPECIFICATIONS FOR PAD MOUNT ED (S)_TPUNNSFOMMM EAR . 4¢ Y DATE*: 1 O 1 i`i 19 8T NEGOTIATIONS NUMBER: I`�',tSE OF CUSTOMER OR BUILDING: f ADDRESS OF CUSTOMER OR BUILDING: Ca 919 S 1 8 ST X44. roDQ16L)a'L TELEPHONE No.: 414s r FPL REPRESENTATIVE: f2o D2!G U C Z FPL �c I NEER/TECHNICIAN. Kfw:: 5ECONMARY DELIVERY VOLTAGE: (Check.One): 120/240 single-phase ✓ .1201240 three-phase , 208Y/120 480Y/277 Other* (Describe) • CUSTOMER AGREES TO: --compacted level area 3" below final grade, after service 1. GENERAL: Provide a conduits have been installed into the pad(s) area for installation of trans- former pad(s). by FPL. See Enclosures I and 2. y". : .. 2. E4SE,IE\TS: Provide FPL �7-ith an easement for the area occupied by tae pad( and surrounding clear area, right-of•-way for cable and/or- ducts from �L �.'.- facilities to the pads) for any other area occupied by FPL facilities, together crith right of ingress or egress of their authorized employees for the purpose of installing, maintaining and operating these facilities. 3. BASIC REQUIRtC'IENTS: maintain clear operating space around the pad(s) for ventilation, operation and maintenance as shown on_ Enclosure 3. If protective " barriers are required and specified on Enclosure 1, customer zorees to insta�.l them as detailed on Enclosure 3. 4. CUSTOMER'S SERVICE E\TTRJkNCE: Terminate conduits. three inches above final grade within -the area indicated in Enclosure 2. Extend each cable five feet beyond the end of the service conduits. If metal conduits are used, each conduit shall be fitted with an i-n"sulated bushing to protect the cable. .. .. .. 5. iIZTERIING: 'Ins'tall: necessary metering cabinets as specified and provzded by- FPL- petering CT'sr if requi red, will be located inside the pad mounted transformer by FPL_ Customer to provide and install a l" metering co:4uit for a maxin,oum distance of 10 feet from pad mount to peter cabinet. SPECIAL REOUIREt�I NTS FOR THIS JOB: (�Jescribe) If none, crrite �.0.•2 JJotiE . F: • Page I o4 2 Revised, 2/24/78/ r' / Lt W1 " VY %IV✓- V.•.... .... --- � - - - P ` FEORIDA POWER & LIGHT COMPANY AGREES TO: 1. Provide and install concrete pad(s) and pad mounted transformer(s). 2. Provide and install ground rods at pad(s) as required. 3. Provide and install ducts, if required, from transformer pad(s) to 'FPL facilities. 4. Provide and install primary cables from the pad(s). to FPL facilities. 5. Maintain all equipment and material installed by FPL. ENCLOSURES = The following Enclosures are an integral part of these specifications. r 1. Drawing showing details of the pad(s) installation and location. .2. Detail drawing of the FPL Transformer Pad(s). Dwg. U -1 M-A, 3. d for- ��� , 4. APPROJED FO R FPL ENGINEERING DEPARDIENT BY: (Sign Dateo-/Q�� ACCEPTANCE OF SPECIFICATIONS; We agree to conform with these specifications and requirements:. - REPRESENTING THE CUSTOMER: Name (Sign) Date Name (Type or Print) Title: Tel. Z;o. REPRESENTING FPL: Name (Sign) Date Name (Type or Print) Title: Tel. No. Page 2 o f 2 Revised 8/29/75 RDD a . - E►JCLOSt�2k. 1 FPL. PoL M ai Q FPL P21MA(ZY CBLS. C POLE :�,ETrjwG tET4l L N C uR0 V) b WAUe. { N t J N6H/ FP L POLE m' d , z FPL PoL.E S W -18 ST T2ANSi`o6ZME2 PAD LOCATI mJ6 Le t q q S LR -72) ST- FLORIDA POjjWER & LIGHT COMPANY DATE 10 i 13� X. IFI. $CALK sV, ��,, J•. V 'NO., DA?E ' REVISION 'RY CN CORR j ASP • k;Pr E OF CUsTC.Iipp, OR MILDI :G: _ ENCtos{!i, 2 CONC:;E;E FOUNDATION; UX--1!?� Ik _ FOR 10 _. PAD MOUl TED TRANSi`ORV-SRS - 7.4-" , 1 . { 1 'FRONT _ i 1FROtgT ' , --2`10 Qi, ` 9s. 1 21i" 3 9 As -PLAN. — --PLAN REaUL1?i? sTYI�' LO STYLI O T Scit?A3L= _. l-s AN SG, 100 & 1G7-kv�- o V LY rOR CUSTOMZF, 3�STp'-rLED CCtivUl—,$ I SFCTIDit A-P'--- LEGEND: . f ' .Sp ace for Cus,am. er's Con 4w',is & Cabtes _rS0ME7T- G= Y3Eyy r •$loaca for r P L. -tor -:8i Cap►eg s NOTE• CUSTOMER'S SERVICE COMOUITS SR ALL TE��:,thAT 3 " ABOVE T 1 NAL QRAD E, TOTAL N'JYIBKR 0;:., S PvIc5 CA�1.� IS L11\Al TED 1 O o PEP, LE Q. GUS-T'OMEFIS SwRV,rG SHALL EXTEND :a FEET 11"!T0 T8E: PAD E3cY0-t-tD '-' 0 OF CONDI UI (+S . P1U=i;C;f;frU.D E�:SSr?t i.:.� �:G3t :•:�TLSi ni•r.. r.-rt_� M f . V Continental Investors Group, Inc. LICENSED MORTGAGE BROKERS MICHAEL L.THOMAS MICHAELA.JULL,IE REAL ESTATE INVESTMENTS REAL ESTATE DEVELOPERS P.O. BOX 430390 SOUTH MIAMI. FLORIDA 33143 PHONE 13051 666-6575 October 13, 1981 Mr. Carter McDowell Site Development City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear. Mr. McDowell, Re: 'Mailer located on Property S. W. 62nd Ave. and S. W. 78th Street Enclosed is a location sketch of the trailer located on the South Miami Medical project. In past conversations between you and Frank Paolini of Stacy Construction, you had agreed that the trailer could remain through the construction and development stage. A bond was mentioned by your office for the privilege of not removing the trailer until such time as the owner could move into his new office building. We would be happy to comply with this requirement. Would you be so kind, as to inform us as to the type and amount of the bond, and the procedure necessary for us to obtain it. ' If you have any questions please contact us. Yours truly, Dennis Berger DB/pb i i W the of it -4 NN N � a o a j y __ ru t11 b ...f W i o � n kb ► X fir! jVJ, 7 Continental Investors Real Estate, REGISTERED REAL ESTATE BROKER MICHAEL A. JULLIE President Registered Real Estate Broker ` REAL ESTATE INVESTMENTS Licensed Mortgage Broker P.O. BOX 430390 771 1 S.W. 62ND AVENUE SOUTH MIAMI, FLORIDA 33143 PHONE(305) 666-6575 September 4 , 1981 To CITY OF SOUTH MIAMI Attention: Mr. Carter Mc Dowell RE: South Miami Medical 62 Street Underground Transmission Lines Dear Carter: Several weeks ago we requested a change regarding the underground transmission lines on S. W. 62nd Avenue. This involved the re- location of the curb line as shown on the approved drawings 2 ' 0 West. I am enclosing 2 copies of a. survey which should reflect the information required by the City of South Miami- in order to accomplish this. I trust this will meet with your approval. Yours very tr ly, Mich llie rgr v sr N9' u„ .I Illu�MAIM �!��; 1� ,. City of South Miami 6130 Sunset Drive, South Miami, Florida 33143 667-5691 August 18, 1981 Mr. Michael A. Jullie Continental Investors Group, Inc. P.O. Box 430390 South Miami , FL 33143 Dear Mr. Jullie, I am in receipt of your August 13 , 1981 letter requesting permission to move the curb line on S .W. 62 Avenue two feet west. For the City to be able to evaluate this request you will have to submit a' survey of existing conditions in the entire S .W. 62 Ave- nue right-of-way in front of your property and extending 100 feet bothinorth and south of your property. This survey should indicate sidewalk, curb, driveway, and utility location, particularly the utilities causing a conflict. The survey should also indicate existing pavement width at 50 foot intervals. Upon submittal of this information the City will determine if your request meets the required clearances. If you have any questions, feel free to contact me anytime. Sincerely, Carter N. McDowell, Director Building, Zoning, and Community Development CNMcD:lr "City of Pleasant Living" Continental Investors Group, LICENSED MORTGAGE BROKERS MICHAEL L' THOMAS MICHAEL A.JULLIE REAL ESTATE INVESTMENTS REAL ESTATE DEVELOPERS P.O. BOX 430390 SOUTH MIAMI, FLORIDA 33143 PHONE 13051 666-6575 August. 13 , 1981 City of South Miami Sunset Drive South Miami, F1 33143 Attention: Carter Mc Dowell Re: SOUTH MIAMI MEDICAL LTD Dear Sir: . We respectfully request a waiver to locate the curb line as shown on drawing 1 of 4 which you have in your possession. Because of underground electric transmission line relocation, , plus the down time involved in this work, we are requesting your approval to relocate the curb line 2 ' 0" west on S. W. 62nd ave. We would greatly appreciate your cooperation in this matter. Yours v r ruly, Mic �el Jullie rgr Continental Investors Group, LICENSED MORTGAGE BROKERS MICHAEL L. THOMAS MICHAEL A. JULLIE MEAL ESTATE INVESTMENTS REAL ESTATE DEVELOPERS P.O. BOX 430390 SOUTH MIAMI, FLORIDA 33143 PHONE 13051 666-6575 January 29, 1981 Mr. Bill Goodwin, City Manager City of South' Miami 6130 Sunset Drive South Miami, Fl 33143 Re: Agreement between City of South Miami and South Miami Medical, Ltd/Continental Investors Group, Inc. Dear .Mr. Goodwin: As we advised you during our recent conversation, we are entering into the above agreement based on the following: We will forego development of the single 19,000 square feet structure and instead will build six smaller-.buildings of approximately 3, 000 square feet each. A single building permit will be issued by the City of South Miami to cover the entire construction project (all six buildings) . It is our intention to build the six buildings one at a time; as they are sold. However, at no time will construction on the property be abandoned. The total site plan will be submit- ted to the appropriate agencies for approval prior to construction taking place. The City of South Miami shall issue Certificates of Occupancy. (CO' s) for each individual building as it is completed and will not require the entire project to be completed before issuing the first CO.Ac- cordingly, the City will issue 6 separate COs, one for each building. However, prior to the issuance of the first Certificate of Occupancy, we will complete the following on .site preparations : 1. Drainage, parking lot base and paving will be completed up to 5 ' from the Bagby lot line (a.k.a. 7799 SW 62 Ave. ) ; 2 . Vehicle use landscaping will be complete for the paved portion of the lot; 3 . A bond will be posted to assure completion of the right-of-way improvements and the removal of the Bagby house; Mr. Bill Goodwin City of South Miami. 2 4 . The landscaping for each particular building will be completed prior to the CO being issued for that building. It is .further understood that the Bagby property shall remain in its present state. The house will serve as construction head- quarters and will not be moved until construction of Building #5 (7741 SW 62 Ave) commences. I trust the above corresponds- to your understanding and, therefore, request that you signify your acceptance of the above terms by af- fixing your signature to the bottom of this page. If this does not conform to your- understanding, please submit to me, in writing, an explanation of your disagreement. Sincerely, Gary Margadonna cc: Ed Moore rgr MINUTES OF THE REGULAR COMMISSION MEETING CITY OF SOUTH MIAMI January 20, 1981 * Mayor Block called the meeting to order at 7:30 PM. Present were Commissioner Bowman, Commissioner Gibson, Vice-Mayor Andrews Lantz, and Commissioner Porter. Also present were City Manager Godwin, Finance Director Solock, Director of Building, Zoning and Community Development McDowell , Administrative Assistant Hann, City Attorney Moore, and City Clerk Miller. * Following the Pledge of Allegiance to the Flag of the United States of America, the invocation was given by Mayor Block. * The first item on the agenda was approval of the minutes. Moved by Vice-Mayor Andrews Lantz, seconded by Commissioner Bowman, that the Minutes of the Regular Commission Meeting of January 6, 1981 , be adopted as read. The motion passed unanimously. * Mayor Block introduced Captain Perry Turner, who addressed the Commission. He announced the PACA grant (Police Assistance through Community Action) is being implemented in the community, which includes provisions for Community Service Aides. The two aides, Ms . Deborah Barlow and Mr. James E. Williams, were introduced to the Commission. Captain Turner stated their duties are non-enforcement, and will include working with students from the Junior High School and developing rapport with citizens in South Miami . * The next item on the agenda was the City Manager's report. City Manager Godwin requested, direction from the Commission pertaining to the county's request to install one non-advertising bus shelter at SW 62nd Avenue and SW 74th Street (Southbound) , in front of South Miami Hospital . A letter dated January 15, 1981 from Brian J. Mirson, Office of the County Manager, was distributed to the Commission. (See . Page 5. ) City Manager Godwin advised that the Florida Department of Corrections has con- sented to remove the -remaining jail facilities in the Police Department. This holding cell does not meet standards, is not being used, and is a liability to the City. The county will remove it at no cost to the City, and retain the salvage value only. Mayor Block asked if there were any objections. No objections were voiced by the Commission. * The next item on the agenda was the City Attorney's .report. Mr. Moore stated that the Terminello case has again been continued for trial in ' the federal courts. He will keep the Commission informed. Mr. Moore distributed two documents to the Commissioners, relating to item #7 on the agenda (building permit for 6199 SW 78th Street). He briefly reviewed the negoti- ating sessions which culminated in an agreement he has drawn, which the Commission will be asked to consider this evening as a substitution for item #7. Mr. Moore noted that at the Informal Commission meeting of January 19th, three Commissioners had stated their opposition to giving the developers any reimbursement. This agreement calls for no payment and provides. for construction of six smaller buildings, unity of title, and other provi- sions. Mayor Block stated that he will call a recess before this matter is considered to allow time for the agreement to be reviewed. 1 - 1/20/81 lkm * Item #4, captioned as follows, was considered by the Commission: RESOLUTION NO. 2-81-3939 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, REAPPOINTING JAMES BARKER AS A RESIDENT MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF SOUTH MIAMI POLICE OFFICERS RETIREMFNT TRUST FuNU, AND PRO- VIDING FOR HIS jLkM OF OFFICE, IN ACCORDANCE WITH ORDINANCE NO. 16-79-1038, SECTION 5. Moved by Mayor Block, seconded by Commissioner Bowman, that the resolution be adopted as read and assigned the next number by the City Clerk. Motion on the resolution passed unanimously. * Item #5, captioned- as follows, was considered by the Commission, with the proper dates as read by Mayor Block: RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI , FLORIDA, AUTHORIZING THE CITY CLERK TO PUBLISH THE CITY'S INTENTION TO AWARD AN ADDITIONAL NON-EXCLUSIVE LICENSE OR LICENSES TO OPERATE A CABLE TELEVISION SYSTEM IN THE CITY OF SOUTH MIAMI, AND SOLICITING APPLICATIONS THEREFOR FROM ALL INTERESTED PARTIES, SAID APPLICATIONS TO BE ACCEPTED THROUGH FEBRUARY 25, 1981 , AND SPECIFYING MARCH 17, 1981 AS THE TIME WHEN ALL BONA FIDE APPLICANTS SHALL PARTICIPATE IN A PUBLIC HEARING BEFORE THE SOUTH MIAMI CITY COM- MISSION AT CITY HALL IN THE CITY OF SOUTH MIAMI, AT 7:30 PM, AND SPECIFYING THE CITY CLERK'S OFFICE OF THE CITY OF SOUTH MIAMI AS THE PUBLIC PLACE WHERE INTERESTED PARTIES MAY INSPECT ALL BONA FIDE APPLICATIONS, AND PROVIDING FOR A COPY OF THE SOLICITATION FOR BIDS TO BE ATTACHED TO THIS RESOLUTION. Moved by Commissioner Porter to defer this resolution to the next Commission meeting (February 3, 1981 ) , since a new packet of information had just been distributed to the Commissioners which he has not had an opportunity to review. Commissioners unan- imously agreed to defer this matter. * Item #6, captioned as follows , was considered by the Commission: RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE TENTATIVE PLAT OF HARRIS ESTATES SUBDIVISION, WHICH PLAT IS ON FILE WITH THE CITY CLERK OF THE CITY OF SOUTH MIAMI. Moved by Mayor Block, for the purposes of discussion, seconded by Vice-Mayor Andrews Lantz, that the resolution be adopted as read and assigned the next number by the City Clerk. Mayor Block stated the Commission has received communication from residents in the area stating their opposition to the tentative plat. - 2 - 1/20/81 lkm Mr. R. Diego, contractor and owner of the property, addressed the Commission. He stated he has met with property owners who want a cul-de-sac included in the plans. .Mr. Diego stated he would agree to this, but there is a problem with the setbacks. Mr. McDowell noted that if a cul-de-sac is provided, the City would have to close a right-of-way and return 25' to them. In addition a 25' ,dedication would have to be modified. Mayor Block suggested the matter be deferred allow for the Planning Board to consider the matter. Moved by Mayor Block, seconded by Vice-Mayor Andrew Lantz, to defer this resolu- tion to the Commission meeting of February 17, 1981 . Motion to defer the resolution passed unanimously. * A five-minute recess was called by Mayor Block. * Item #7, captioned as follows was considered by the Commission: RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI , FLORIDA, REVOKING AND RESCINDING BUILDING PERMIT NO. 22280 ISSUED BY THE CITY OF SOUTH MIAMI ON NOVEMBER 7, 1980 TO DOLAN ENTERPRISES, INC. FOR BUILDING PRIVILEGES AT 6199 SW 78TH .STREET, SOUTH MIAMI, FLORIDA Moved by Commissioner Porter, seconded by Commissioner Gibson, that the resolution be adopted as read and assigned the next number by the City Clerk. Moved by Mayor Block to defer the resolution until June 9, 1981 , and the Commission substitute the following resolution: RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CONTINENTAL INVESTORS GROUP, INC. , A COPY OF WHICH AGREEMENT IS ATTACHED TO THIS RESOLUTION. Vice-Mayor Andrews Lantz stated she would second the motion, if it excluded deferral to June 9, 1981 . Motion died for lack of a second. Moved by Mayor Block, seconded by Vice-Mayor Andrews Lantz, to substitute the following resolution: RESOLUTION N0.3-81-3940 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CONTINENTAL INVESTORS GROUP, INC. , A COPY OF WHICH AGREEMENT IS ATTACHED TO THIS RESOLUTION. Commissioner Gibson suggested revoking the one permit as per the resolution on the agenda originally, and then voting on the new building for the construction of six smaller buildings. - 3 - 1/20/81 lkm Mr. Moore stated the developer had clearly stated they would not agree on revok- ing their permit for the 19,000 square foot building until an agreement for the six buildings was made. They will not seek litigation on the first permit providing they are assured of an alternative, and that the City does not pass any additional laws or require new variances that will impede construction of the additional structures. The agreement states that if the City has not issued a permit for the six buildings by June 9th, the the Commission agrees to extend the first building permit which they will take no action on until then.' Mr. Moore requested Mr. Margadonna to confirm the statement that the developer would not enter into the agreement if the first permit was now revoked.. Mr. Margadonna responded this was correct. P�cLion to substitute passed 3/2, with the following vote: "Ayes" - Commissioner Bowman, Vice-Mayor Andrews Lantz, Mayor Block. "Nays" - Commissioner Gibson, Commissioner Porter. Commissioner Porter requested clarification on compliance with the required 75' frontage. Mr. McDowell advised that a unity of title has been agreed to, which indicates 312' frontage and 48,648 square feet total size, allowing for more than one building to be built on the property. If each lot were to be developed individually, that would require 75' frontage. Mayor Block commented the setback is less to allow for staggered buildings for a more pleasing effect. Commissioner Porter stated his concern that SW 62nd Avenue might be four-laned. Mayor Block responded that the county has advised they have no plans for such action, and that SW 62nd Avenue deadends on the south side of Sunset Drive. Notion on the resolution passed 3/2 with the following vote: "Ayes" - Vice-Mayor Andrews Lantz, Commissioner Bowman, Mayor Block. "Nays" - Commissioner Porter, Commissioner Gi.bson. * Item #8, captioned as follows , was considered by the Commission: RESOLUTION NO. 4-81-3941 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXPEND THE SUM OF $6,250 IN FULL SETTLEMENT OF CASE NO. 78-1495-CIV-JAG, STYLED GEORGE LEE SIRMANS V. CITY OF SOUTH MIAMI , ET AL. , SAID SUM TO BE CHARGED TO THE SELF-INSURANCE FUND. Moved by Mayor Block, seconded by Vice-Mayor Andrews Lantz, that the resolution be adopted as read and assigned the next number by the City Clerk. Mr. Moore stated that while expenditure of this money is administrative, it would be appropriate to have input in the matter, in response to Mayor Block's question if this was normally done by resolution. Mr. Moore stated if in the future, the Commis- sion would like it presented otherwise, he will change the procedure. Motion on the resolution passed unanimously. * Moved by Mayor Block, seconded by Vice-Mayor Andrews Lantz, to place the following ordinance on the agenda: - 4 - 1/20/81 lkm 6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI , FLORIDA, AMENDING SECTION 8-7-2 OF ARTICLE VIII OF SECTION. 1 OF ORDINANCE NO. 20-71-724, HERETOFORE ADOPTED. AS THE OFFICIAL ZONING ORDINANCE OF THE CITY OF SOUTH MIAMI , FLORIDA, BY GRANTING THE CITY COMMIS- SION THE AUTHORITY TO REDUCE, BY RESOLUTION, THE MINIMUM WIDTH OF ROADS AND STREETS UNDER CERTAIN TERMS AND CONDITIONS, AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. r 1 Motion to place the ordinance on the agenda passed unanimously. Moved by Mayor Block, seconded by Vice-Mayor Andrews Lantz, that this be con- sidered the first reading of the ordinance in its entirety, and second, reading and public hearing be set for the City Commission meeting of February 17, 1981 . Motion on the resolution passed unanimously. REMARKS: --- Con-miissioners discussed the matter of bus shelters , as noted. earlier during the City Manager's report. Mayor Block stated once the county is permitted to proceed, they way feel' that can do this anywhere, at any time they desire. He has no objection to this shelter providing the agreement provides for no advertising . Mayor Block noted the shelter in front of the hospital is a good location. i Vice-Mayor Andrews Lantz agreed, and added that she has been informed by Ms. W'acher of the county that the shelter has no lighting or advertising, and is visible from all sides for safety. City Manager Godwin stated he can get a letter stating such restrictions , and that this will be federally funded. Commissioners did not state other objections "with the shelter, and directed Mr. Godwin to obtain a letter .stating there Would be no advertising a.nd this approval is for this one particular location. There being no further remarks from the Convrnission, the meeting was adjourned at 8:40 PM. APPROVED: MIAYOR P,TTES1 : • - --- � CITY CLERK 5 - 1/20/81 1 km` RESOLUTION NO. 3-81-3940 A RESOLUTION OF THE CITY OF SOUTH MIAMI , FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CONTINENTAL INVESTORS GROUP, INC. , COPY OF WHICH AGREEMENT IS ATTACHED TO THIS RESOLUTION. BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA: SECTION 1. That the City Manager be, and he is hereby authorized to enter into an Agreement with Continental Investors Group, Inc. , copy of which Agreement is attached to this Resolution. PASSED and ADOPTED this 20th day of January, 1981. APPROVED: MAYOR ATTEST: CITY CLERK Mcjved by Mayor Block Seconded bV Vice ayor n rews antz Y CS NO X X _ Porier�_-_-.___.. AGREEMENT TI3IS AGREEMENPentered into this 20th day of January, 1981,' by and between the CITY OF' SOUTH MIAMI, hereinafter referred to as the "First Party" , and CONTINENTAL, INVESTORS GROUP, INC. , a Florida corporation, hereinafter referred to as the "Second Party" . W I T N E S S E T H: ,WHEREAS, the Second Party has been awarded Building Permit No. 22280 for building privileges at 6199 Southwest 78th Street, South Miami , Florida, and WHEREAS, a Resolution has been presented to the South Miami City Commission to rescind the aforementioned Permit, and WHEREAS, the parties hereto have met for the purpose of settling their differences, and WHEREAS, the City Manager has recommended the passage of a Resolution authorizing the City to enter into this Agreement. NOW, THEREFORE, for and in consideration of the sum of Ten ($10 . 00) Dollars and other good and valuable considerations , and in further consideration of the matters hereinbefore and hereinafter detailed, the parties hereto agree as follows: 1 . Building Permit No. 22280 is extended to and through the 9th . day of June., 1981. 2. The Second. Party agrees to forthwith apply to the approximately City for a Permit to building six (6) buildings, utilizing/18,000 square feet with a 50 foot right-of-way, all in accordance with the Zoning Laws of the First Party, instead of proceeding with the plans and specifications , which are the subject matter. of Building Permit No. 22280 . 3. The six buildings to be built on the premises located at 6199 Southwest 78th Street, South Miami , Florida, substantially pursuant to this Agreement, shall be/ in accordance with that certain sketch attached to this Agreement, which sketch is marked Exhibit "A" , dated January , 1981, and prepared by Fernando Munilla, Architect for the Second Party. The sketch exact may not contain all of the/dimensions, plans and specifications required by the City,. however, the First Party has examined the sketch and represents to the Second Party that no variances will be required for the issuance of a Building Permit for the said six buildings, provided, however, they are built in accordance with the existing Zoning Ordinance of the City of South Miami. The City further agrees that this Agreement is contingent upon the City permitting a 50 foot right-of-way instead of a 70 foot right-of-way, as is now required by law, and is further contingent upon approval of the plans and specifications which are to be prepared by the Second Party at their sole cost, by the Environmental Review Board. The Second Party represents that they will do everything within their power to comply with the lawful requests of the Environmental Review Board in connection with the application for a permit for the building of the six buildings , which are the subject matter of this Agreement, and the First Party represents that they will not unduly harass the Second Party, - nor require the Second Party to comply with any requests which are contrary to law.. 4 . Both parties recognize that there is presently a law known as "'Zoning in Progress" , which prevents the building , of any structures in RO Districts in excess of 3500 square feet per building. The ' Second Party represents that inasmuch as the buildings to be built are less than 3500 square feet each , that there is no impediment to building each of said buildings , providing all of the other requirements of the law are met. -2- 5. In the event that the permit has not been issued, through no fault of the Second Party, by June 9 , 1981 , the First Party 4grees to extend the Building Permit No. 22280 so that the Second Party will not be prejudiced by any delay in the issuance of its permit . for the six buildings , which are the subject matter of this Agreement, provided, however, the delay in receiving the permit is not due to the actions of the Second Party, their employees , or agents. 6. In any event, the Second Party agrees that no action will be taken with regard to Permit No. 22280 without giving the First Party at least seven (7) days notice of the Second Party ' s intention so to do, and the reasons therefor. 7. The Second Party agrees to comply with all reasonable requests of the First Party so that the Building Permit will be issued without delay for the six buildings described herein. 8 . The First Party further agrees that no action of theirs will , in any way, make it unlawful for the Second Party to build the six buildings mentioned herein, as a result of such laws the First Party may pass with regard to Zoning in Progress. 9 . As further consideration for the Second Party to enter into this Agreement, the First Party agrees not to charge the Second Party any additional Building Permit Fees for any of the permit or permits to be issued with regard to the building of the six buildings mentioned herein. 10 . The Second Party agrees that the First Party shall receive from the Second Party a Unity of Title Agreement providing that none of the six buildings may be sold separately without common ownership in the parking lot for all six buildings, it being the intention hereby that any sale or division of the six buildings shall not create a non-conforming use as to any one or more building. The First Party understands that the Second Party -3- intends to create a condominium form of ownership of the six buildings, with common ownership by all owners,of the parking facilities aid al.l common areas. 11. This Agreement may not be changed, unless in writing, agreed to and signed by the parties hereto. 12 . In further consideration of the First Party entering into this Agreement, the Second Party agrees that the First Party shall not be liable for any costs and expenses incurred by the Second Party in connection with their application for Building Permit No. 22280 , and any expenses incurred by them up to and through the date of this Agreement, provided, however, the First Party complies with all of the terms and conditions of this Agreement. 13 . This Agreement may not be assigned without written permission of the First Party, which written authority will not be unreasonably withheld. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Witnesses : CITY OF SOUTH MIAMI , By City Manager Attest: City Clerk CONTINENTAL INVESTORS GROUP, INC. 13y -4- FLA.1977 MECHANICS RAMCO FORM 1201/: LIEN LAW.FS 713.08 T"Itaim of Mart foate of Alariba CVUWV of Before me,the undersigned authority,personally appeared....Wi.lf.redo..L.ei.va..................................... who,being duly sworn,says that he is the lienor herein or the agent of the lienor herein......................................... Ahacama Construction,Inc. ............................................................................................................................................................................ (Lienor's Name) whose address is...909.0 N.W. south River_ Drive, Medley, Florida (Lienor's Address) and that in pursuance of a contract with.... tac Construction Corporation, 1315 ....................... Van•.Buren Street, Hollywood, Flomda........... ............................................ . lienor furnished labor, services or materials consisting of: (Describe specially fabricated materials separately) Concrete, Blocks, Steel,Stucco, Drywall, Electrical, AsphaltPaving, Plumbing ,soakage pits. As Per Drawings Drawn 1.)y Arthur Thomas Pochert , Architect Dated April 20,1981 . on the following described real property in.........Daac ............County,Florida: (Describe real property sufficiently for identification, including street and number, if known) 7701 ,7711 ,7721,7731 ,7741 ,7751 S.W. 62nd Ave South Miami, Florida A/K/A Lots 7, 8,9,10,11 , and 12 P>lock 3 of Larkin Pines According to the Plat Book 24 at Page 20. owned by.S.auth..Ali.ami...Medi.ca.l...Limited...................................................................................... of a total value of Q.Waollars($79.7.,.49.3...93.............) Hundred ninety three and 93/100 of which there remains unpaid$.3.37.,9.6.8...41..........................for which amount he claims a lien on the above described real property. He further says that lienor furnished the first of said labor,services or materials on.......JuT?e.............7........... ........................................ , 19...8.x,..,and the last of the same on S.iri.lI...P.rOV.idiri.q fb..rV.iga(if the lien is claimed by one not in privity with the owner)that the lienor served his notice to owner on.....June....7.,........... ..........................................19.f3i 1...,by...... U.and...I?.e,1 i vex ed................................................................... . . (Method of Service) and, (if the lien is claimed by one not in privity with the contractor) that the lienor served a copy of his notice to owner on ......S•tac.y...Construction.....�o.rp.r....................................................................................... (Contractor) on.June......................7......................................, by.....Hand..Delivered I (Method of Service) and additionally, (if the lien is claimed by one not in privity with the subcontractor) that the lienor served a copy ofhis notice to owner on ...................................................................................................................................... (Subcontractor) on....................................................................... . 19........ .,by .......................................................................... (Method of Service) C............... :... Llenor i By-: .. t�l .. rte ................. Agent Sworn to and subscribed before me this..........1....8.................................day of ......January NQTARY PUBLIC STATE OF FLORIDA AT LARD MY COMMISSION EXPIRES � � �� � . ��•...•.� BONDED THRu GtNER,•l Nov v 11 198 Notary Public 7'/ti.+ l►r.arrrrrr� rrl prFl1rii�I khA�RWRITlfredo Leiva ,1r!r/rF1s.%9090N.W. south River Drive,Medley ,Florida .t n� RELEASE OF LIEN r.r� F !!' ! .' =05 i r E TArtrase of l t•trit 3 rotate of 31nribn, ss << f:... (COUntg Of DADE X. For and in consideration of the sum of TEN ($10-00) _____ Uollars t: to _in hand this day paid, the receipt of which is hereby aeknowledged,_W_e.____ ~ 'hereby release the property hereinafter described from a certain lien filed by_ W me in the i '4 office of the Ci-rcid t _ Court of—_Dade County;Florida, on the_18-t� c: day of Janlla_r�v. —..__..., A. D. 19_$2_ for the sum of-03.7.9-6�41, .WIRED_ i TINY SEVFA TMI SAND,_HM IREDRED 91Xy EIGHT AND 41/100----------- --- Yinlflfirs labor and 1 due iiG for services and } on said property; and we_— hereby declare said lien fully �.F materials J i satisfied. Said property is described as follows: Lots 7, 8, .9, 10, 11 and 12, Block 3, Map of Larkin Pines , Plat Book 24, Pa a 20 of the Public Records of • Dade County, Florida, afk/a '1701, 7711, 7721; 7731, 7741, 7751 S . W. 62nd Avenue,South Miami, Florida, L'. t. E F I WITNESS my hand and seal this 11th day of February , A. D. 19.82 Signed, al 'and d iv the p sen of ABAC ONSTR 6N, Im. B c E��CL (S a'. r ZEIUA, I _ (SEAT.) i STATE OF FLORIDA �' ss . County of DADE _ On this 11th day of February , 19_2 personally r i appeared before meWILFITm :IEI.UA,President and acknowledged that he Abacama Construction, Inc. executed the foregoing release of Lien for the purposes therein expressed. ;r. WITNESS my hand and seal the day and year las �a Ave writ } j (SEAL) Alota,y P bf• .e of Rorids at Large F My Bclided t.:ru -9svnard Bond;ng Age F' �Y t My commission expires f Psis Itutrunu-ni prepared by: MURRAY P. YANKS,ESQUIRE 303 Biscayne Building Address 19 West Flagler Street Miami, Florida 33130 T e o fi e nntz I Inves t1ors Group7 Inc. Y . LICENSED MORTGAGE BROKERS MICHAEL L.THOMAS MICHAEL A.JULLIE REAL ESTATE INVESTMENTS REAL ESTATE DEVELOPERS January 19, 1981 P.O. BOX 4303990 SOUTH MIAMI.FLORIDA -33443 PHONE(305) 666-6575 City Commissioners City of South Miami ` City Hall South Miami, Fl. 33143 RE: South Miami Medical Building Dear Commissioners : In accordance with your request, the following is a list`'of out-of-pocket expenses which we have actually paid to, date and which we will have to incurr again if we- proceed with the construction of six.-:rather than the single building,' ",to wits Architect = . $44,000 '. ' t Landscape renderings 1;360 Legal fees 9,500 Interest 19,000 Taxes 2 ,500 _. Eng. and Survey 1,500 CPA 1,250 Blueprints 60.0 Permits 1,000 N: Appraisals 2,000 :. $,82 ;710 Sin ely, Gary M. Margadonna GMM/cew cc: each Commissioner Mayor Block I . F se No Action Taken INFORMAL MEETING CITY COMMISSION January 19, 1981 City Hall Conference Room Re: Permit No. 22280 Construction - 6199 SW 78th Street An Informal City Commission meeting was held in the City Hall Conference Room on January 19, 1981 . Vice-Mayor Andrews Lantz called the meeting to order at 3:55 PM, following notice that Mayor Block would be arriving late. Also present were Commissioner Bowman, Commissioner Gibson , Commissioner Porter, City Manager Godwin, City Attorney Moore, Director of Building & Zoning McDowell , Administrative Assist- ant Hann, and City Clerk Miller. Representing Continental Investors were: Attorney Gary Margadonna,. Mr. Thomas, and- Attorney Sheri Weissenborn. (Mayor Block entered the meeting at 4:05 PM.) Vice-Mayor Andrews Lantz inquired if a breakdown of incurred expenses had been prepared by the developer. Ms. Weissenborn distributed an itemized list of expenses, noting this excludes any mortgage money/interest problems. (See attached.) Two architects have estimated their fees at $62,000 and $42,000. Mr. Margadonna stated he is willing to forego the $82,000 expenses incurred. and -is seeking reimbursement -from the City for $42,000, which is necessary to proceed with alternative construction. A layout of the proposed six buildings was presented to the Commissioners. Mr. Marga- donna advised the buildings are staggered, there will be no ingress or egress off SW 78th Street, and additional landscaping above the code requirements are included. . Mr. Thomas stated the developer is not "married" to these plans. Vice-Mayor Andrews Lantz express her position on reimbursing the developer, stating she is opposed to having the taxpayers reimbursing any costs. Mr. Margadonna stated he- is not requesting to be reimbursed for previous expenses , but is seeking to have new expenses for the proposed six buildings paid. Mayor Block entered the meeting at this time. Commissioner Bowman stated he had missed the two previous meetings due to being out of town for the first one, and receiving notice late for the following one. None- theless, he is not in favor of voting for any payment to the developer. Commissioner. Porter inquired if all work for the proposed buildings will have to be repeated, why the original expenses of $82,000 would not be the same for both projects. Ms. Weissenborn responded that some costs such as the permit fees, would apply to both. They are asking for additional costs, specifically design fees for the alternative plans. Mr. Margadonna clarified the issues: they are going to build a building, which may • require a writ of mandamus; or they would like $42,000 for architectural fees pertain- ing .to construction of six small buildings. Mayor Block stated there is no way the City will settle any possibility of a law suit or any other matter for $42,000. Mayor Block advised the :Commission will consider rescinding the permit at the Commission meeting of 1/20/81 , and recommended the devel- oper be prepared to commit to additional landscaping as a consideration for not re- scinding the permit. Vice-Mayor Andrews Lantz suggested a rendering with additional landscaping should be available to present to the Commission, if it is available. = 1 - 1/19/81 1 kin Mayor Block inquired if any Commissioners had any observations to make, or Mr. Margadonna wished to comment. Otherwise, the meeting would be concluded: Mr. Margadonna stated he would like to avoid litigation. Does the City want one 19,000 square foot building, or six sn.aller structures. Mayor Block responded he would like six smaller buildings, .at no expense' to the City. Mr. Margadonna stated the issue is not what has been spent; but what is going to be built, noting they would like to be paid for future costs to proceed with the six buildings. Mr. Thomas suggested the City share in this expense. Ms . Weissenborn stated that Continental Investors is concerned about additional expenses, which would increase if litigation occurred. She inquired if there was a figure the City would consider, $15,000-$20,000 that the City would pay. Consent of at least three .Commissioners would be needed to proceed with any discussion. Mayor Block polled the Commissioners, asking if they would be willing to spend any money to avoid a lawsuit. Commssioner Porter stated he would not. Commissioner Bowman again stated he would not favor spending any money. (Vice-Mayor Andrews Lantz previously expressed her opposition. ) In conclusion, Mayor Block noted three Commissioners had expressed their positions, and recommended that the developers' proposed landscaping may well affect the disposi- tion of the permit at the Commission meeting of 1/20/81 . The meeting was adjourned. CITY CLERK - 2 - 1/19/81 lkm r '1 LICENSED MORTGAGE BROKERS ' MICHAEL L. THOMAS V.ICHAEL A.JULLIE RF AL.ESTA,TE c&` VEST� MENTS lo," AL ESTATE DEVELOPERS, January 19, 1981 P.O. BOX 430390 SOUTH MIAMI. FLORIDA 33143 City Commissioners City of South Miami City Hall South r,/'iami, Fl. 33143 ^E: South Miami Medical, Building a •: Dear Commissioners : ' In accordance with your request, the following is a list of out-of-pocket expenses which we have actually paid to date and which we will have to incur_r again if we proceed with the construction of six rather than the single building, to wit: ' Architect . $44 , 000 '. Landscape renderings 1, 360 Legal fees 9, 500 Interest 19, 000 Taxes 2 , 500 Eng. and Survey 1_, 500 CPA 1, 250 Blueprints 600 _?ermits 1, 000 Appraisals 2 , 000 $ 82 , 710 Sincerely, Cary M. Mar_gadonna C"%Lm! c e cc: each Commissioner h"ayor Block r ' fit of u Miami L.OUISE K. MILLER 6130 Sunset Drive, South Miami, Florida 33143 667.5691 CITY CLERK NOTICE OF INFORMAL MEETING An Informal Commission meeting has been set for Monday, January 19, 1981 , 3:15 PM, at the Conference Room of City Hall , to discuss al- ternatives for construction of an office building(s) at 6199 SW 78th Street, South Miami . Louise K. Miller City Clerk cc: Miami Herald/Neighbors Conrnuni ty News South Miami Homeowners Association Posted City Hall : 1/12/81 J "City of Pleasant Living" f: January 169 1981 Mayor Jack Block South Miami City Commission South Miami, Florida Dear I,•Iayor Block: The Executive .Board of the South i ian�i lorneo��lners Assoc ' recently met to discuss your 1_etter of December 2 ration to Dolan Permit #22280. 9, in. reference The Position of the S-1--j-H.A. on this issue is_ all zoning issues. We feel that the Zoning the same as in be upheld. It is our position that no conference rdi Ordinance should gadonna is necessary since our thatinis. ar- the City Commission and the City criticism of the actions of isle have stated our t Administration and not of him. . of the Commission onoattleastl~twocseparateooccasions. Apa_ front us state our position: igai n, let feel that Dolan Perrli 3'�2 should never have been ryt —does-(61gg S, „i. 78 Street) of South Miami Ordinanearvo. 20-7117210e�not comply with City 2. 11Je feel that the City ColnmissJ-on violated the City,s Zoning; i_itegrit,y by not rescinding y din,, this been rescinded in the -past even -, permit. Permits have. a pro Ject. after iror�� has been started on :7. t're feel. that the COMMission further erred b this applicant an extension of :_ Y granting long. The Commission requested notproof��fromtthehapplicantore- gardinm his interim financing commi_ttment and if irr fact ti+ could begin within the original allotted time. pork the granting of an extension of time. j'�e spoke a ainst does nothing for rood zoning ,y_ This extension of time rates do decline this could ,bel�beneficialato��the1hold�roofgtl is hermit. 4. ii'le feel that the Commission a,-;ai.n erred by instruct ' the Administration to present plans for the highest use of this Property. We do not believe that this is the function of the City, nor is it a proper use of our tax monies. ,Re are appalled to see our Administration- supposinl,y dedicated to the main- tenance of a Residential Communit tentl,y violate our zoni n; code. y- presenting plans vihich bla_- volved in Litigation fighting building ecent lots hi�ithtlesastr,n an r 11ayor Jack Block Page 2 January 16 , 1931 75 ft. frontage, now our Administration presents plans that pro- vide only 52 ft.. frontage. Our ordinance requires a minimum of 75 ft. in this District. 5. As if this was not enough the Commission has further ,erred by discussing the givin ; of a monetary award to the hold- er of this perz;lit. ` Vie are unalterably onnosed. to the award of tax payers money for this reason. Vle are shocked to see that our elected officials are even discussing this. In conclusion, we do not Brant to be a party to the actions that our elected officials have employed concerning this -permit. .ue feel that these actions can only help to destroy the residen- tial character of our City which time are fighting so hard to .naintain. If the City Commission is truly concerned with finding a solu-� tion to this Drobler.1 which i;•ould be ^eneficial to our City, we would recomend that this -perrllit be rescinded. Sincerely, `4» Chuck ?Marty Prosi_dent--South Eiami Homeowners i No Action Taken f� INFORMAL MEETING CITY COMMISSION January 9, 1981 City Hall Conference Room Re: Permit No. 22280 Construction - 6199 SW 78th Street An Informal City Commission meeting was held in the City Hall Conference Room on January 9, 1981 , at 3:15 PM. Mayor Block, Vice-Mayor Andrews Lantz and Commissioner Porter were present, as were the following: City Manager Godwin, Director of Building & Zoning McDowell , Administrative Assistant Hann, City Clerk Mil.ler, and City Attorney Moore. Also present were Attorney Gary Margadonna, Mr. Thomas, and Attorney Sheri Weissenborn. In response to Mayor Block's inquiry if the Homeowners had conferred with representatives of the project, Mr. Margadonna stated he has not met with the Homeowners, although he was available. Mayor Block noted no one from the Homeowners group was present at this meeting. Mr. McDowell distributed a sketch of six buildings utilizing 18,000 square feet, with a 50' right-of-way. Any deviation from the original plans would have to go before the En- vironmental Review Board. (See attached. ) Vice-Mayor Andrews Lantz stated her disappointment that the landscaping overlay was not prepared for this meeting. Mr. Margadonna advised that Mr. O'Leary, the landscape archi- tect, was unable to provide the plans., He noted this would also involve additional costs. Mrs. Weissenborn stated expenditures have been made, the permit issued, and they have the right to build on the property; however, they will try to obtain the additional overlays to illustrate landscaping. Vice-Mayor Lantz recalled that landscaping over code requirements had been promised, at the previous meeting. The attached sketch and rendering were reviewed. Commissioner Porter stated he preferred several buildings rather than one large single structure, which was not compatible with the surrounding residential area. Concerning the separation between buildings for meet- ing the fire code, Mr. McDowell stated the minimum is 15' and this would be met. Mayor Block noted a main problem was the matter of reimbursement to Continental Investors in the amount of $50,000 which has already been expended. There has been no input from the Homeowners on this and some Commissioners have not yet expressed their opinions. Commissioner Porter stated he is against reimbursement for the regular expenses of obtaining a permit, but would like to establish what the actual expenses are beyond that point. He % stated that the permit was not issued properly, and that the City Code could be defended in court. Commissioner Porter stated it was his understanding the Homeowners had expressed their opposition'to this building at a Planning Board meeting in June, 1980. This could not be verified by those present. Commissioner Porter stated the Planning Board and Environ- mental Board are advisory, and the permit is issued by Administration. Mr. Thomas stated that during the many months they were in City Hall planning this building, any reason for a variance was avoided. They expended considerable money and acted in good faith. If redesigning is requested now, those that are asking for it should pay for it. Concerning reimbursements of expenditures, Mrs. Weissenborn suggested that fees for new architectural plans be considered. Perhaps an agreement could be reached with the City. Mayor Block stated a figure of $15,000-20,000 might be reasonable. Commissioner Porter stated he would like to confer with Mr. McDowell to ascertain what expenses are normal in the process of appearing before the Environmental Review Board, and he would consider 1 - 1/9/81 lkm V reimbursement only beyor `hat amount. Mr. Thomas states'' ',at major expenses are incurred after the preliminary ap, .val . At that point, you basic., y know the building will be approved and additional expenditures are then incurred, in anticipation of final approval-. Vice-Mayor Andrews Lantz questioned if the code states the structure must be residential in appearance, or like a single family home, noting the Janis Building on Sunset and SW 62nd Avenue does not appear as a single family home either. F ,,/'Mr. Thomas requested that during the process of redesigning the building, the permit be held in abeyance, to avoid any problems with Zoning in Progress. Another meeting was set for Monday, January 19, 1981 , at 3:15 PM, in the City Hall Con- ference Room. Mr. Moore recommended that Mr. Margadonna be prepared to present a list of itemized expenses as it relates to expenditures to be reimbursed. This matter will be on the Commission agenda of January 20th. The meeting was adjourned at 4:10 PM. CITY CLERK - 2 - 1/9/81 lkm ii ----- �t VIt _ i i lu f E.7-7.7 e S i a � i " i No Action Taken INFORMAL MEETING CITY COMMISSION December 22, 1980 City Hall Conference Room Re: Dolan Permit - No. 22280 6199 SW 78th Street - South Miami Medical Ltd. An Informal City Commission meeting was held in the City Hall Conference Room on December 22, 1980, at. 2:20 PM. ",ayor Block and Vice-Mayor Andrews Lantz were present, as arere the fol l oti-ri ng: _City Mianager Godwin, Director of Building & Zoning Mc- Dowell , Administrative Assistant Hann, City Clerk Miller. Also present were: Jan Hochstim (Environmental Review Board) , Chuck Harty (South Miami Homeowners Association), Representing the developer were: Attorney Gary Margadonna and Mr. Thomas. Mayor Block announced that Commissioner Bowman was out of town. Commissioner Porter was also out of town, and wished to advise those present that although he is against con- struction of the 19,000 square foot building, he is willing to consider other alternatives. Mr. McDowell distributed four concepts for alternative development of the property, which included construction of five or six buildings, with building area ranging from 17,325 to 19,000 square feet. (See attached. ) He stated according to these preliminary sketches, a variance may not be needed, although it would require unity of title for such development due to parking requirements. Mr. McDowell noted there is already a variance on the property to allow access from SW 78th Street; however, this would reduce parking space and be less desireable for the residential area. Mr. Harty noted separate buildings would allow for more ventilation, compared to one large structure, and that entrance on SW 62nd Avenue would be preferred. Mr. Thomas referred to communication he received from the county concerning their in- tention to use only a 50' right of way setback. Mr. McDowell stated that the City Code requires an additional 10' setback. A variance would be necessary for any deviation. Mayor Block suggested the separate buildiings be staggered, giving a residential effect to the property. Vice-Mayor Andrews Lantz commented that the 3,500 square foot limit under zoning in progress was too restrictive, as some homes are at least that size. Mr. Hochstim stated staggered placement of the buildings might create a problem with fire protection. Mr. McDowell will advise what the fire regulations are concerning distance between buildings. Mr. Margadonna stated his concern that the permit would be held in abeyance if a proposal required going beyond the 60 day extension already granted. Mayor Block stated the . Commission should be able to reach a decision within 30 days, that the City and Home- owners would agree to an extension if it came to that. Another concern stated by Mr. Margadonna was certain expenditures already made, particularly for architectural fees, building permit, legal and accounting fees. Mayor Block noted that legal fees would be the same for a condominium as well as separate buildings. Vice-Mayor Andrews Lantz stated that in no way does she approve of the City reimbursing these costs, which are in the area of $44,000. Mr. Margadonna advised an alternative would be for the developer to obtain a writ of mandamus. Mayor Block noted this could involve years before the City realized what amount of damage it was liable for, and recommended it would be reasonable to consider settling the matter. Mr. Thomas gave the following figures for expenditures:' $44,000 architectural fees, $1 ,600 landscape architect, $1 ,750 surveyor, $1 ,600 building permits , plus $75,000 for redesigning. His rock-bottom figure is $50,'000, which is non-negotiable. 1 - 12/22/80 lkm AT Mayor Block stated since all the Commissioners were not present, a decision could not be made at a meeting of this nature. He would like to get their input, as well as confer with the City Attorney and members of the Homeowners Association. The City may require a lawsuit be filed before payment can be made since this money is not in the budget. Mr. Harty stated he would have to confer with other people concerning the Homeowners ' stand on reimbursement. Mr. Hochstim expressed his doubt that multiple buildings would be an improvement, as this would create a busier environment, and that two-story cantilever structures would not be very residential-in appearance. Photos of the rendering were distributed, where upon the matter of additional landscaping on SW 78th Street was discussed. Mr. Marga- donna stated it was their intention to go beyond the minimum requirements. Vice-Mayor Andrews Lantz recommended specifications be obtained for staggered buildings and additional landscaping. Mr. Margadonna stated that this would i-nvolve $6,000 for renderings, and that basic issues needed to be resolved before any additional expendi- tures were incurred. Mayor Block requested Mr. Harty confer with the Homeowners to ascertain their feelings on legal damages.,) additional landscaping,, creating a park-like setting on' 78th Street, with a 50' setback on SW 62nd Avenue, and staggered buildings. Mr.,,�McDowell noted that separate buildings would be reduced in size due to provisions of about 300 square feet' for fire exits. Vice-Mayor Andrews Lantz noted that a 3,500 . square foot limit was not reasonable. Mr. Margadonna stated the possibility of placing four 5,000 square foot buildings on the property. Mr. Thomas stated that he is willing to confer further, but his expenditures are a prime concern, that this should be resolved first. Mayor Block responded he needs in- put from the Commission, and does not want to agree on damages and not have agreement on final plans. Mr. Godwin recommended the renderings be reviewed by concerned parties. Mayor Block, suggested a meeting be scheduled between the Board of Directors of the Homeowners Association and Mr. Margadonna, to review the alternatives. Mr. Hochstim recommended the landscape overlay be presented, and that the landscape architect and architect attend the meeting also. Mr. Margadonna voiced his willingness to participate. Mr. Harty expressed his cooperation to arrange such a meeting. Mayor Block stated he would not be adverse to calling a Special Meeting to resolve the matter, if necessary. The meeting was adjourned at 3:20 PM. a � ° CITY CLERK - 2 - .12/22/80 lkm I I � I O I O � o I � N I � ® ---- - _---- N 1 a' io �t 1 g � I 01 a- i _ I ; i I a- m N - Ct` I ti a I I 3 i I • 1 a to 1 I z t5q 0 r i _ I I I � a j V � ' t a? \t ~ �S iL IL I �� � � ,M N 1 I � C_ pq �. •d I uuu111 f- �a �• I i i o � i VN 1 / I i +4 NJ {1i Jj Nil 1 a t �(1 1 9 I 0 - a � 1 i 1l1 AC � q i i ( ]LI, kD I(1 M i v 44 a i I ? I IL v p i 12 c C` wl I - a .-- - - - -----..-.. _._..-.--- I N�o IL l ZL � r i i �����a •- � p ��; dJ 1 ( awe 1 z FA o i N Q ts i 00% LL LSD 0. La e - ___._�________ `4 l f, r� Ch" of South Miami t_llU1SF_ K. MILLER `"inset Drive. South Miami, Florida 33143 667.5691 CATY CLERK December 113, 19130 HAND DELIVERED Mr. Gary M. Margadonna , Attorney at Law Lyons and Farrar 1411 Brickell Avenue, #900 Miami , Florida 33131 Re: Building Permit No. 22280 South Miami .Medical Ltd. Dear Mr. Margadonna: In accordance with the mutually expressed request for a conference between City Commissioners and yourself, as stated at the Commission weeting of December 16th, this letter will confirm the following ap- pointment to discuss the above-noted permit. Commissioners and representatives of the South Miami Homeowners Associ- ation have been advised that said meeting is set for Monday, December 2.2, , 1980, 2:00, PM, at the Conference Room of City hall . Mr. McDowell , Direct- or of Building and Zoning, has informed me that he has already spoken with you to confirm your availability for this conference. It is the hope of the Commission to settle this matter in an amicable manner for all concerned parties . Cordially, Louise K. Miller City Clerk /I km "City of Pleasant Living" t D�" NOT GIVE VERBAL Or tRS --- ------------------• -- CITY OF SOUTH MIAMI INTER — OFFICE MEMORANDUM DATE December 18, 1980 Mayor Block and City Commissioners , City Attorney Edward N. Moore Louise K. Miller, City Clerk FROM: Re: Dolan Permit 6199 SW 78th Street In accordance with discussion at the Commission meeting of December 16th, concerning the above-noted permit, a meeting has been scheduled for Monday, December 22, 1980, 2:00 PM, at the Conference Room of City Hall . Please confirm your attendance by calling my office. /l km cc: South Miami Homeowners Association LAW OFFICES LYONS AND FARRAR 1401 BRICKELL AVENUE SUITE 900 MIAMI, FLORIDA 33131 CHARLES O. FARRAR,JR. TELEPHONE 358-0811 MARSHA L. LYONS AREA CODE 305 GARY M. MARGADONNA OF COUNSEL - December 17 ,198.0 Mayor Jack Block City of South Miami 6130 Sunset Drive South Miami, Florida 33143 HAND DELIVERED Re: Building Permit No. 22280 South Miami Medical Ltd. Dear Mayor Block: In accordance with the request of the City Attorney for the City of South Miami, this letter shall serve as confirmation to the City of South Miami, predicated on the material representations and assurances made and passed by the South Miami City Commissioners during the Commissioners' meeting of December . 161 1980 , extending the expira- tion date of the above captioned building permit to April 6 , 1981 , that Dolan Enterprises and South Miami Medical. Ltd. will not take any further action to develop the property located at the intersection of Southwest 62nd Avenue and Southwest 78th Street which . is subject of said building permit until January 15, 1981, which is 30 days from the date of said meeting. . It is understood that the purpose of the 30 day moratorium on the building is to provide time to determine whether there are any viable alternatives to the construction of the 19.,000 square foot building presently planned to be built on the site. As stated at the meeting, we do not and will not waive any rights we may now or in the future have as a result of the actions of the City Commissioners , either individually or as a group, with regards to the revoking and/or rescinding of said permit. Sincerely, LYONS AND FARRAR By:, �/ C CHARLES O. FARPMR cc: Carter Mc Dowell South Miami Medical Ltd. Ed Moore, City Attorney -Y FLORNDA FOURTH FLOOR — BRIGKELL PLAZA BUILDING PUBLIC WORKS DEPARTMENT 909 S. E. 1ST AVENUE MIAMI, FLORIDA 33131 November 13, 1980 ' Mr. George R. Seiler, P.E. 14560 N.W. 60 Avenue, Suite J Miami Lakes, Florida 33014 Re: Office Building for South Miami Medical, Ltd. at S.W. 62 Avenue •- and S.W. 78 Street Dear Mr. Seiler: Reference is made to your letter of November 5, 1980, ,regarding improve- ments to S.W. 62 Avenue. As you are aware, 35 feet of half right-of-way currently exists for S.W. 62 Avenue at the subject location. However, on July 17, 1974, the Road Planning Committee determined that a 25 foot half right-of-way dedication would be sufficient for this roadway. We, therefore, have no objection to your construction of a 50 foot road- way cross section. It is suggested, however, that the developer take the necessary action to request the remaining 10 foot right-of-way strip be returned to his private ownership. We trust you will find this information helpful, and shall be glad to hear from you if you have any further questions. Very truly. yours, Charle Bald Jr., P.E. Chief, Highway vision CWB/JDP/mer f Yl 4'-1 ' h C Carter The above is a copy of the Tetter.'we discussed; at Ythe ; ' "{ inber .22, 190 :R ' meeting on' Dece ',RE v-':;. Miami Med1Ga1 `Bttiildihc i,r x a r� 1 ji J C. 1 � 1, ,1 � Y tf .S,)r ? v'•. Sr°g! s,. s�t.ld.•� f4•t!G��� i, P 4 1 r � e t [µs 4x.� - >,iu T f,�•+f f� r4 lfi.ki'�'�f.3 `� J- ti� � ' .. -J,f>. -.•'..��' 1 s .n� 1(� ti's " frC" � '1 M 1 it 1' 1 'Y'1> November 3, 1980 Mr. Carter McDowell, Director Building, Zoning & Community Planning 6130 Sunset Drive Drive South Miami, FL 33143 Re: S.W. 62nd Avenue Section 36-54-40 2)ear Mr. McDowell: At the request of South Miami Medical, Ltd. , we have once again reviewed the right of way requirements for S.W. 62nd Avenue South of IJ.S. #1. Our comments as reflected in our letter of July 30, 1974 to Mr. Godwin, copy attached, are still applicable. very truly yours, C. R. Helweick, Chief I�ugineering Services Division a CRH:RCK:;fty Attachment 7a • EIGHTH FLOOR - JUSTICE BUILDING PUBLIC WORKS DEPARTMENT 1351 NW 12TH STREET MIAMI, FLORIDA 33125 TEL. 377-7901 July 30, 1974 Mr. William Godwin, Jr. Assistant Public Works Director City of South Miami 4795 S. W— 75th Avenue South Miami, Florida ,. Dear Mr. Godwin: This is to advise you that the Road Planning Committee of the Dade County Public Works Department reviewed a request from Ross Industries, Inc. , regarding a waiver of the170-foot 'zoned right of way for S. W. 62nd Avenue from U. S. #1 southward to S. W. 78th Street. Dade County has no immediate plans for the improvement of S. W. 62nd Avenue in this area. Also, the State of Florida Department of Transportation con- struction plans for S. W. 62nd Avenue from S. W. 72nd Street south to U. S. #1, including the intersection at U. S. #1, indicate that the existing right of way far S. W. 62nd Avenue immediately south of U. S. #1 is sufficient for their currently proposed improvement of-the intersection. The lack of present improvement plans. for this .portion of S. W. 62nd Avenue does not preclude the City of South Miami from establishing future right of way requirements in this area. Dade County, however, has no .objection to the City of South Miami requiring only a 50-foot right of way at this time. Very truly yours; le C. R. Helweick, Chief Engineering Services. Division CRH/bh. cc: . Ross Industries, Inc. J "09 CITY OF SOUTH MIJ' Ml PSE31100-11 PERMIT BUILDING AND ZONING REV,6-8-79 NO. FOLIO NUMBER: TYPE OR PRINT APPLICANT FILL INSIDE BUILDINGS PERMIT APPLICATION HEAVY LINES )vrNER r" t'°- 2 `1 I(' TEL N0�'"' MAIL ADDRESS I OWNER-BUILDER QUALIFIED Y N CHECKED BY 5JILDING CONTR. �. '"�. / Il•�. TEL NO `/ L7L RFD CARD ELEV. SURV. DRAINAGE PLAN MIN. ►L. ELEV. NEWS—Y_N_REO'D—Y_N_CHECKED (PROJ.)_Y_N_ABOVE M.S.L. ..,AIL. ADDRESS YELLOW NUMBER CONCRETE CARD Y N TESTS REQUIRED ARCHITECT_/t1 //�i-� •ZC.C_&!L�fG. Cl!"� /�".l [ • ENO. PILE DRIV. / (r -7t. SUPER._Y_N_SUPER._Y—N_OTHER ENGINEER jC_ /°-, /Y [� �ILC_ GROUP AND TYPE CONTRACTOR DIVISION CONST. DUAL. TO SUILD—Y—M- PREFAB UNITS B• SEAL LEGAL DESCRIPTION OF JOB: LOT N0. 12- BLOCK NO. "7 APPROVED Y_N_REQUIRED Y _N_REQD.—Y—N— /l � 7 I.'• ,, LOT 'L ,.g QUARE iitEDIVISION `-`��/ �'/ //' �� SEC. TWP. RGE. COVER. F E ET OR THIS PERMIT INCLUDES: ' ' ESTIMATED er TES B BOUNDS P.B. PACE NO. ("(ALUE CAA-�� FEE ►RING. ^� /l/,��1� _ BLOC. STREET ADDRESS OF JOB' i "' ACCESSORY J BLDG. /� .f ./--SURVEY SCR'N ENCL. n LOT SIZE I �/ell; ATTACHED? �t- ? LOT STAKED? ❑ ROOF r,RESENT LISE.(VACANT. OR NO. OF BUILDINGS AND USE OF EACH.) FENCE /" / •f+r POOL n . / L-- / •, PAVING n :-•- SOAKAGE PIT HEREBY MAKE APPLICATION FOR PERMIT TO ERECT [I ALTER® DEMOLSIH C] ADD ❑ PAINT ❑ a x M'EPAIR❑ REMOVE 13 REMODEL A STORY RESIDENTIAL ❑ COMMERC1ALg TOTAL BLDG. $ a / ''7 tlALVC 6 FEE! NDOr ❑ STRUCTUREw IT"CBS 13/11,FRAME ❑ OTHER�>;_ `L -/�' CONSTRUCTION OCCUPANCY PERMIT FEE d V FOR THE FOLLOWING SPECIFIC USE AND OCCUPANCY TOTAL AMOUNT DUE CUBE ZONE REQUIRED OFFICIAL HWY. WIDTH - x Additional items shown on the plans and covered by this permit: _ WALL ❑ FENCE (] PAVING 12, SCR. ENCL.0 POOL(3 SOAKAGE PIT ❑ PAINT DEDICATED WIDTH N ". of N0. OF No. OF - HOTEL LOT DIMENS. LOT AREA I IVINO UNITS�_BEOROO MS STORE UNIT! PERMIT NO. ",ATER CO. DEED REST'R G RESOLUTIONS CHECKED Y N NAME OR POLLUTION 'NELL PERMIT NO. ' I UNDERSTAND THAT SEPARATE PERMITS MUST SE OBTAINED FOR THE FOLLOWING ITEMS, PROOF OF p UNLESS SPE ICIFIC'fLLV COVERED BY THIS PERMIT: ELECTRICAL, PLUMBING, SEPTIC TANK, OWNERSHIP CHECKED BY WELL, NEATER, AR CONOIT ZONING, SOAKAGE PITS, BOILERS. SIGNS, ELEVATORS, FENCE, SCREEN ENCLOS)IRES, WALL, PAVINO AND PQOL; AND THAT IN SIGNING THIS APPLICATION, /t I AM RES'PON9I01.E FOR THE SUPERVISION AND/COMPLETION' OF THE CONSTRUCTION IN VIOLATIONS AC CORDAkEi*ITH THC PLPS/ANO/SP CI 4CAT ONS AND FQ11 COMPLIANCE WITH ALL FED- CHECK: CHECKED BY DATE i ORAL S T .,�,M COUNTY AW PPLICA L6, u- CONTR. C T. lr' ✓ ( �+ (Signature of Contract ti( }Ialifier)or •ner-Builder Only) NUMBE O CLASS `�-' c CHECKED BY WITNESS (CLERK) t-c.. - 1�--� DATE ACCEPTED: LLIL/ il) ISSUED awfl IL f 74 CONDITIONS U R WHIG APPRO APPROVED DATE DISAPPRDVED FAILURE TO COMPLY WITH THE ZONING STRUCTURAL MECHANICS LIEN LAW CAN RESULT ELUMBiIC IN THE PROPERTY OWNER PAYING ELECTRICAL TWICE FOR BUILDING IMPROVEMENT +.fECgANICAI,.._„T;�a..d... _ _ PERMIT NO. DATE 0 City of South Miami BUILDING PERMIT 4-RECEIVED OF Q&-jL,? d�l MAKING ADDRESS JA � v DOLLARS FOR BUILDING,,RIVILEG SAT OWNER LEGAL DESCRIPTION s CLASSIFICATION yl TOTAL C, T $ --- a TYPE OF CONSTRUCTI - S FT REA D BUILDI NS OR CITY OF SOUTH MIAMI , FLORIDA NO. 197019 CASH RECEIPT CUSTOMER' RECEIPT 19�� FUND ACCOUNT NO.T�'� �r/�V r O 0 z r { m � z = RECEIVED OF _� �^ may. Oz _ a'Grt-LLLII—LIL ---- A !n m mm 3D M zZ DESCRIPTION a/ ` tea (�jt' G 0 _ .E J m 0 f � nm m Dn = D AMOUNT '- { DD .01 DOLLARS _�� c) — T m City of South Miami 6130 Sunset Drive, South Miami, Florida 33143 667-5691 November 6 , 1980 Mr . William E . Godwin . City Manager City of South Miami 6130 Sunset Drive South Miami , Florida 33143 Re South Miami Medical , Ltd . Building Permit Dear Mr . Godwin : You have exhibited to me a letter dated November 5 , 1980 from H . Jack Klingensmith regarding the above matter . ' In the letter Mr . Klingensmith on behalf of his client , South Miami Medical Ltd . , makes formal demand upon the City of South Miami for a building permit for the construction of the building located at the corner of S . W. 62nd Avenue and S . W. 78th Street . If , in fact , all the requirements for issuance of the requested permit have been made , it is my opinion that there is no basis for the City of South Miami to refuse to issue the permit . Ver truly rs , Edwar N . Moore ENM : jk "City of Pleasant Living" .� _ Pe ��(.//lfT/J'L� �J(%(✓/J'?.�f.P//'1,r1�/f%!/l/�C�'c/FiGUGQ� �C/ . e�"Y-. P.O. BOX 431481 LAWRENCE P. KUVIN 7160 SOUTHWEST 6210 AVENUE H. JACK KLINGENSMITH Nove b fk' ' R. FRED LEWIS � wl"6' J ✓✓%!� ROBERT F. BOUCHARD 6�� i TELEPHONE 1305) 661-5008 w Mr William Godwin 1980 City Manager City of South Miami r CITY MANAGER'S OFFICE 6130 Sunset Dr. South Miami, Fl. 33143 HAND DELIVERED RE: South Miami Medical, Ltd. Building Permit Dear Mr. William Godwin: This firm represents South Miami Medical Ltd a Florida Limited Partnership and in that capacity have been requested to contact you regarding the issuance of the building permit to them. Accordingly, please be advised that South Miami .Medical, Ltd, hereby makes formal demand on you to issue the building permit for the construction of the building located at the corner of S.W. 62nd Avenue and S.W. 78th Street. It is my understanding that all the requirements for the issuance of the above requested permit have been meet, including the approval of the Dade County Pollution Control Department and the Dade County Fire Department. Consequently, it is my opinion that there is no basis for the City of Miami to refuse to issue the permit. Sincerely, H.�ack Kli ensmith HJK/cew 1 CITY OF OUTH MIAMI SOUTH MIAMI, FLORIDA DATE CARTER N. MC DOWELL rH MIAMI , DIRECTOR, BUILDING, ZONING AND COMMUNITY DEVELOPMENT /AM l 14r—PICA at 9:oo a M. Community ilditig & Zoning deling interior �or use . as offices. 4e applicant previously is converting �pis 0 j . ,q, to approve Ilusive ,_of the site improvements . G Lting, and the /G(/:aCsd Ill be withheld ,•�3�.�. �'e��� �1 I/�� il a t.a site "CITY OR PLEASANT LIVING�I 2. Application for approval of preliminary plans for construction of a commercial office building. OWNER: South Miami Medical, Ltd. ARCHITECT : Hatcher, Zeigler, Gunn & Associates LEGAL DESCRIPTION: Lots 15, 16, less SW 1010. Block 3, Oak. Heights Subdivision, PB 46/64 . LOCATION: 6356 Manor Lane. 1UTES OF .A REGULAR ME`ETINI ENVIRONMtNTAL REVIEW BOARD, CITY OF SOUTH MIAMI FEBRUARY 19, 1980 The meeting was called .to order by Chairman O'Leary. at 9 :00 A. M. PRESENT:. , Thomas J. Herbert Jan Hochstim: Lawrence Henderson W. A. O'Leary Magdelene O'Co'nnor r ABSENT: R. Grady Barra Mr.. Carter N. McDowell, Director,, Building, Zoning & Community Development Department , and Mr. Gilbert A. ,Russe, Building. &. Zoning Official, were also present. 1. Application for approval of final plans for remodeling interior and exterior of an existing commercial building for: use as offices . It was noted there was no one present to represent the applicant . Mr . McDowell explained this was the site and building previously occupied. by American Land Cruisers and the applicant is converting the building for use as offices. Discussion was had by the Board. MOTION: By Mr. Hochstim, seconded by Mr—O'Leary, to approve the building improvements . as shown, exclusive of .the signage, without any site improvements, site improvements to be presented at the next regular meeting, and the applicant 's Certificate of Occupancy,.will be ,withheld until approval by the Board of the complete site improvements package. ,VOTE ON MOTION: Yes - 5 MOTION CARRIED UNANIMOUSLY. 2• Application for approval of preliminary plans for construction of a commercial office building. OWNER: South Miami Medical, Ltd. ARCHITECT: Hatcher, Zeigler, Gunn & Associates LEGAL DESCRIPTION: Lots 15, 16, less SW 100 ,.. Block 3, .Oak. Heights Subdivision, PB 46/64 . LOCATION: 6356 Manor Lane. fir. Thurston Hatcher and Mr. Carlos Ruiz de Quevedo presented the preliminary plans to the Board and * a lengthy discussion was had. MOTION: By Mr. Hochstim, seconded by Mr. O'Leary, - t9 approve the preliminary plans as presented. VOTE ON MOTION: Yes - 5 MOTION CARRIED UNANIMOUSLY. 3. Application for approval of painted flat wall sign on an existing commercial building. OWNER: Tide Associates , Inc. (Fifth Avenue Restaurant) LOCATION 6600 Red Road Rd Mr. John Matthams of Consultants Collaborative Inc . addressed, the' Boa rd • stating the sign is presently existing and requesting the Board for Permission for the sign to' remain until such time as a complete signage program can be set up for this entire complex or until such time as a new sign is approved by the Board. A lengthy discussion was had . MOTION: By Mr. 0.' Leary, seconded by Mrs . O' Connor, to approve this sign with the understanding that any future signs that are brought before this Board be accompanied by and be in conformance with an overall graphics system : for the entire complex that is .approved by this Board . VOTE ON ,MOTION: Yes 5 MOTION CARRIED UNANIMOUSLY. EXECUTIVE SESSION: .MOTION: By Mr. Herbert , seconded by Mr. 0.'Leary, to approve the minutes, of the meeting of February 5, 1980 as ' read . . VOTE. ON MOTION: Yes - 5 MOTION CARRIED UNANIMOUSLY. .The meeting adjourned at 9 : 50- A, M. Page 2 2/19/80' 3k "IX ,.nairman O'Leary stated the next applicant on the Agenda .was his client and for' this reason he turned the chair over to Mr. Barrs, excused himself from the hearing and left the chambers . Acting Chairman Barrs then read the application into the minutes and chaired this hearing. 2: Application for approval of preliminary plans for construction. of a two story office building. . OWNER: South Miami Medical, Ltd . ARCHITECT: Hatcher, Zeigler, Gunn & Associates LEGAL DESCRIPTION: Lots 7 , 8, 9, 10, 11 & 12 , Block 3, Larkin Pines Subdivision. LOCATION: S. W. 62 Avenue and S . W. 78 Street Mr. John Adams, Architect with the firm of Hatcher, Zeigler, Gunn & Associates stated preliminary plans for this building had been reviewed by the Board at the meeting of February 19, 1980 at which.-.time they had been approved. However, since that time changes had been made to the front elevations and he submitted new preliminary., plans for the Board' s approval . A lengthy discussion was had . MOTION: By Mr. Gottfried, seconded by Mr. Herbert , to approve the preliminary plans for the- two story office building as presented. VOTE ON MOTION: Yes - 5 MOTION CARRIED. Chairman O'Leary returned to the chambers and continued to chair the remainder of the meeting. 3. Application for approval of plan fora flat. wall sign on an existing commercial building. OWNER: Cookshop CONTRACTOR: The Van Dyke Sign Co. LOCATION: 7251 S . W. 57 Court Carole Kotkin, owner of the Cookshop presented her plan to- :the Board stating it was a non-illuminated flat sign to be placed on the mansard roof of the building. A discussion was had . MOTION: By Mr. Henderson, seconded by Mr. Herbert , to approve the sign as presented. VOTE ON MOTION: Yes - 6 MOTION CARRIED UNANIMOUSLY . Page 2 - 4/15/80 jk 6. Application for approval of final plans for construction of a. two story office building. OWNER : South Miami 'Medical , Ltd. ARCHITECT: Hatcher, Zeigler, Gunn & Associates : ` LEGAL DESCRIPTION: Lots 7 , 8�' 9; 10, 11 and 12; Block 3 , Larkin Pines LOCATION : S. W. 62 Avenue anA 78th Street Chairman O' Leary stated he would abstain from participation in this hearing since he is the landscape architect for this project and turned the chair over to Mr. Henderson . Mr. Thurston Hatcher and Mr. John Adams presented the plans to the Board and a discussion ensued. MOTION: By Mrs . O' Connor, seconded by Mr. Gottfried , to approve the final ..plans subject to approval of- the - Building Department of the open. grass paver or asphalt paving for the spaces due east of the building, VOTE ON MOTION : Yes - 3 Abstained 1 (O'Leary) MOTION CARRIED. 7 . Application for approval of a hanging sign and a painted window sign . OWNER : Sunrise on Sunset ; Inc , LOCATION; 5840 Sunset Drive ' Mr. Jerome Hershkowitz presented his request to the Board and a discussion ensued . MOTION; By Mr ,, O'.Leary, seconded by ,Mr, Gottfried , to approve the hanging sign and painted window sign . VOTE ON MOTION ; Yes - 4 MOTION CARRIED UNANIMOUSLY. 8. Application for approval, of"final plans for construction of a single: family residence. OWNER; Baconao Construction ARCHITECT Allan G. Borroto LEGAL DESCRIPTION ; Lot 61 ,:- Block 1 ,. Gables Edge Subdivision LOCATION : 5841 S, W. 56"Terrace It' was noted there was no o`he p.:resent to represent the applicant, A discussion was had by the Boa ^d,R MOTION : By Mr. Gottfried , seconded by Mr.: O ',Leary, to approve the final plans as presented . Page 3 - 1017180 jk RESOLUTION NO. �9 - A RESOLUTION OF THE CITY OF SOUTH MIAMI , FLORIDA, SETTING A PUBLIC HEARING BEFORE THE CITY COMMISSION PURSUANT TO SECTION 14-2-4 OF THE CITY ZONING CODE FOR THE PURPOSE OF CONSIDERING A CHANGE 'IN THE DISTRICTS REGULATIONS OF RO (RESIDENTIAL OFFICE) DISTRICTS WITH REGARD TO ESTABLISHING MAXIMUM BUILDING SIZE OF 3,500 SQUARE FEET AND PROHIBITING THE CONNECTION OF ADJACENT BUILDINGS BY FENCES OR WALLS WHICH WOULD MAKE THE BUILDINGS APPEAR TO BE A SINGLE STRUCTURE PROVIDED HOWEVER THAT BUILDINGS MAY BE CONNECTED BY A BREEZEWAY; REQUIRING NOTICE OF SAID PUBLIC HEARING TO BE PUBLISHED BY THE CITY AND COPIES OF THE PROPOSED CHANGES TO BE AVAILABLE FOR INSPECTION IN THE CITY CLERK'S OFFICE. WHEREAS, Section 14-2-4 of the Zoning Code of the City of South Miami known as "Zoning, in Progress" authorizes the City to take the action hereinafter taken. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA:. Section 1. That the 7th day of April , 1981, at 7:30 P.M. , is hereby set for a public hearing, said hearing to be held at the Commission Chambers at City Hall at the City of South Miami for the purpose of considering a change in the district regulations of RO (Residential Office) districts with regard to establishing a maximum building size of 3,500 square feet and prohibiting the connection of adjacent buildings by fences or walls which would make the buildings appear to be a single structure provided, however, that buildings may be connected by a breezeway. Section 2. Notice of the public hearing herein set shall be published once in a newspaper of general circulation in this municipality. Interested parties may appear at the hearing with respect to the proposed change. Copies of said change shall be available for examination by the general public in the City Clerk's office. PASSED and ADOPTED this 4th day of November, 1980. APPROVED: /4Z ATTEST: , ( t MAYOR Move b� Commissioner Porter Se, decd bpi mayor Block YES N `CITY CLERK Block X Dowm n�._ Gibson Motion on the resolution as amended passed unanimously. Commissioner Gibson was absent. The resolution as amended, is as follows: RESOLUTION NO. 86-80-3935 A RESOLUTION OF THE CITY OF SOUTH MIAMI , FLORIDA, SETTING A PUBLIC HEARING BEFORE THE CITY COMMISSION PURSUANT TO SECTION 14-2-4 OF THE CITY ZONING CODE FOR THE PURPOSE OF CONSIDERING A CHANGE IN THE DISTRICTS REGULATIONS OF RO (RESIDENTIAL OFFICE) DISTRICTS WITH REGARD TO ESTABLISHING MAXIMUM BUILDING SIZE OF 3,500 SQUARE FEET AND PROHIBITING THE CONNECTION OF ADJACENT BUILDINGS BY FENCES OR WALLS WHICH WOULD MAKE THE BUILDINGS APPEAR TO BE A SINGLE STRUCTURE PROVIDED HOWEVER, THAT BUILDINGS MAY BE CONNECTED BY A BREEZEWAY; REQUIRING NOTICE OF SAID PUBLIC HEARING TO BE PUBLISHED BY THE CITY AND COPIES OF THE PROPOSED CHANGES TO BE AVAILABLE FOR INSPECTION IN THE CITY CLERK'S OFFICE. Mr. Moore stated administration needs direction on this matter. Commissioner Porter stated he would move that they not issue this building permit. Mr. Moore stated this is an administrative procedure and the City Commission can let their feelings be known, but not direct. Vice-Mayor Andrews Lantz stated that administration shoul have cautioned applicants for permits that this resolution was being considered. concern- ing pending applications for permits , Mayor Block advised administration to abide by the City Attorney's direction and the law. * A five-minute recess was called. * Discussion continued on the permit matter. Mayor Block asked if there were any further comments. Commissioner Bowman stated administration has to do what the law says. Vice-Mayor Andrews Lantz agreed. ,Commissioner Porter inquired if, based on what the Commission just passed, the City is precluded from issuing that permit. Mr. Moore stated the passage of this resolution does not affect the permit for Mr. Margadonna, which was started in February, 1980. The City cannot pass ex post facto laws . Therefore, the applicant is entitled to mandamus without any question. Commissioner Porter noted the resolution states that the City cannot issue a permit, and he would like to go on record as differing with the opinion of the City Attorney. Item #16, captioned as follows , was considered by the Commission: ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 5-4 OF ARTICLE V OF SECTION 1 OF ORDINANCE NO. 20-71-724, HERETOFORE ADOPTED AS THE OFFICIAL ZONING ORDINANCE OF THE CITY OF SOUTH MIAMI , FLORIDA, BY ADDING IMMEDIATELY AFTER SECTION 5-4-3.05, A NEW SECTION 5-4-4 ENTITLED "SPECIAL USES PERMITTED", WHICH NEW SECTION PERMITS PARKING IN RS-4' DISTRICTS UNDER CERTAIN CONDITIONS, AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. Moved by Mayor Block, seconded by Vice-Mayor Andrews Lantz, for discussion purposes , that this be considered the first reading of the ordinance in its entirety, and the second reading and public hearing be set for the City Commission meeting of November 18, 1980. Mayor Block .f the landscaping will be sufficient to hide the parking on the o— Ong facing the residential area will not he seen. im METROPOLITAN ®A®E COUNTY • FLORIDA FOURTH FLOOR - BRICKELL PLAZA BUILDING PUBLIC WORKS DEPARTMENT 909 S. E. 1ST AVENUE MIAMI, FLORIDA 33131 November 3, 1980 Mr. Carter McDowell, Director Building, Zoning & Community Planning 6130 Sunset Drive South Miami, FL 33143 Re: S.W. 62nd Avenue Section 36-54-40 Dear Mr. McDowell: At the request of South Miami Medical, Ltd. , we have once again reviewed the right of way .requirements for S.W. 62nd Avenue South of U.S. #1. Our comments as reflected in our letter of July 30, 1974 to Mr. Godwin, copy .attached, are m still applicable. VV Very truly Yours, C. R. FHelweick, Chief Engineering Services Division CRH:RCK:fty Attachment WED a0v5Vo � .��ih wiw;MwR M!MMprw s a ./ t 'P'4" x f' ay s s '4 JaA; G gX @M l`9e!w ki/A iL EIGHTH FLOOR — JUSTICE BUILDING PUBLIC WORKS DEPARTMENT 1351 NW 12TH STREET MIAMI, FLORIDA 33125 TEL. 377-7901 July 30, 1974 Mr. William Godwin, Jr. Assistant Public Works Director City of South Miami 4795 S. W. 75th Avenue South Miami, Florida Dear Mr. Godwin: This is to advise you that the Road. Planning Committee of the Dade County Public Works Department reviewed a request from Ross Industries, Inc. , regarding a waiver of the170-foot zoned right of way for S. W. 62nd Avenue from U. S. #1 southward to S. W. 78th Street. Dade County has no immediate plans for the improvement of S. W. 62nd Avenue in this area. Also, the State of Florida Department of Transportation con- struction plans for S. W. 62nd Avenue from S. W. 72nd Street south to U. S. #1, including the intersection at U. S. #1, indicate that the existing right of way for S. `W. 62nd Avenue immediately south of U. S. #1 is sufficient for their currently proposed improvement of the intersection. The lack of present improvement plans for this portion of S. W. 62nd Avenue does not preclude the City of South Miami from establishing future right of way requirements in this area. Dade County, however, has no objection to the City of South Miami requiring only a 50-foot.right of way at this time. Very truly yours, C. R. Helweick, Chief Engineering Services Division CRH/bh cc: Rosa. Industries, Inc. t7 4G `i r w OF-MIAMI m UNIVERSITY OFQQ.. , HOTEL INDUSTRIAL SOUTHMIAMI LARKIN HOSPITAL STATION co SITE SUNSET DR.(S.W.72 ST.) CITY HAL �,�.j•� DOWNTOWN . � J '� 50 COMMERCIAL SOUTH ' HOSPIITA �. r a. SOUTH MIAMI w ' PROFESSIONAL a CENTER S.W.78 ST P " S.W.80TH ST.(DAVIS RD.) NEW EXPRESSWAY r ._ CITY OF SOUTH MIAMI , COUNTY OF DADE,. f STATE OF FLORIDA r IN. THE .COURT. 0F, SOUND THE SOUTH MIAMI PROFESSIONAL CENTER ) ECONOMIC SENSE a .condominium office , NO : .. 80-77.11 Plaintiff, ) vs : YOU , A ' PROMINENT SOUTH ) ` ` FLORIDA PROFESSIONAL ) IN ASSUMPSIT Defendant . ) COMPLAINT IN ASSUMPSIT BE IT HEREBY KNOWN, 1 . The Plaintiff --i.s THE SOUTH MIAMI PROFESSIONAL. CENTER; at the corner of S .W. 78th Street and S .W`: 62nd avenue in South Miami , Florida .>33143. _ 2 . The Defendant. is a prominent profess. on.al who .'.. rents his o.ffJce space from others . 3 , The said' Defendant has been wastefully paying rent instead of owning his office .space and realizing the many accumulation advantages :of real estate. ownership. . 4 . The- Defendant - has been at the mercy of their landlord who has dictated how long they may remain'- and at what price, thus ,allowing him to reap the benefits of. their rental ' payments .. 5 . ..Defendant .have *nowingly; and;::bl.atantly ignored,.,.the following benefits of Owning' their office . at THE SOUTH MIAMI PROFESSIONAL CENTER (a.)' TAX SHELTER .-Real Estate Taxes`, Mortgage,.Merest payments, maintenance,, and the: incid- ental expense of running the office. are deductible. ' In additioni ;the monies defendant expends '.for custom interiors. are capital improvements they, are making. to.'their..own .property are. depreci.able. (b.) FIRST USER ADVANTAGE -Defendant, as a "First User" can take . 150% depreciation on. th_eir office space. (c,). .. EQUITY;BUILD-UP Since. real estate has shown a sizeable appreciation, Defendant's..office space should,.increase substantially over:the years. (d.) PRESTIGIOUS SOUTH MIAMI LOCATION Defendants office would be located in the heart of South Miami , and within walking dis- tance to South Miami Hospital , Larkin Hospital , Shops, City Hall , and the under construction Metro Station. THE,SOUTH MIAMI PAOFESwUNAL CENTER 7211 S.W. 62nd Avenue, Suite 204, South Miami, Florida 331.43 6 . Plaintiff is' offering the many benefits of owning'. a prestigious office, at the SOUTH MIAMI PROFESSIONAL CENTER for the price of $145 .00 :per. nett square :fo.ot . Offices available range in size from -.750 .sq .ft . to 5 ,400 sq . ft. 7.. Included i n, the, ..quoted price i s :..: 1. Acoustical ceilings 2. Interior Finish - pai.nted drywall w./baseboard.. .3. Partitions one L.Ft. .per 10 sq.ft.. of area: 4. Private "toilet area for each unit 5. Carpeting 6: Central Air with ducts, dampers, .grills and controls 7. Entrance and exit doors. . . . .or, Plaintiff will : . .. . give Defendant a dollar allowance allowing. Defendant to provide his own interiors. 8. Plaintiff 'is providing 75% finan,ci.ng :through a•. leading financial institution ' to qualified .purchas_e.rs . 9. THE SOUTH MIAMI PROFESSIONAL CENTER- will be an. arch itectual landmark which was designed -vby the highly respected A-nccitectual .firm of HATCHER,• ZEIGLER, and GUNK of South Miami . In all of Plaintiffs endeavours , quality , integrity;.: and . service are,: . given the highest priorities ,;...; WHEREFORE ,- Plaintiff doe's hereby, ,request Defendant to answer the above mentioned -Comp laint': : : via the post. card attached to the back cover of the Complaint; °or by cal.ling Pl.a.i6tif.f at (305)=;. 666-6575 . TIME IS Of THE ESSENCE . THE SOUTH MIANO PRUFESSIUNAL CENTER 721 t R.W, 62nd Avenue, Suite 20,4, South Miami, Florida 33143 A V. r* y cn N. (n,r-► Ct m m rt. .y c) .. 70 O o O .. . In st y. �J1 W 'f1 Z:. THE SOUTH MIAMI PROPGOSIONAL CENTER 72t 1 S.W. 62nd Avenue, Suite 204, South..Miami, Florida 33143 . D CA CA rn Cl) . on Cl) rn - n 0 z v r OC) O -nco . o O .:::::::::::...........:::::::. �0 Z z C04 -p in In n" THE SOUTH MIAMI PROFESSIONAL CENTER 7211 S.W. 62nd Avenue, Suite 204, South Miami, Florida 33143 CASH FLOW / TAX CONSIDERATIONS Hypothetical Example Purchase of 1 ,000 sq.ft. $ $145,000 $145,000 � Purchase Price @r- 145/sq.ft. Land Value (Not Tax 0ed6ctable-15%) - 21 ,750 DEPRECIABLE BASIS $123,250 Downpayment - 25% Purchase Price 36,250 Mortgage - 13%/20years ($108,750)* 108,750 CASH FLOW - FIRST YEAR Mortgage Payment: P & I 12 X $1 ,274 $ 15,288 R/E Taxes, Insurance, etc.(approx) 12 X 170 2,040 Maintenance @ $.10/mo./sq.ft. 12 X 100 1 ,200 TOTAL CASH OUTFLOW $ 18,528 TAX BENEFITS Total Cash Outflow $ 18,528 Less: Principal Portion of Mtg. Pymt: (Not tax deductible) (1 ,223) Plus: Depreciation $123,250/25yrs X' 150% . 7t395 TOTAL TAX DEDUCTION -. First Year $ 24,700. Tax SAVINGS assuming 50% tax bracket $ 12,350 NET CASH FLOW AFTER TAX BENEFITS Total Cash Outflow $ 18,528 Less: Total Tax Savings 12,350) NET CASH OUTFLOW FOR PURCHASED OFFICE SPACE $ 6,118 Therefore: You are effectively paying only $6.18 per square foot as .rent *interest rate and:term subject to prevailing at time of closing THE SOUTH IM!AMi PAOFLSSIUNAl CONTER.7211 S.W, 62nd Avenue,Suite 204, South Miami, Florida 33143 J TENTATIVE SPACE LAYOUT {" SPACE Purchase- Price Monthly Square @ $145/sq.ft. Maintenance Footage A $392,000 $270:60 2,706 8 1090000 :.75.20 752 C. 146,000 _1.00.80 1,008 . :. .. . . D 198,000 136:70 19367 E 155,,000 : '. 107.30 -1 ,073 F 656,000 x.452.40 4,524 . G 156,000 108.:00 1 ,080 J H : 786,000 542.50 5,425' THE. SQUARE FOOTAGE IS SUBJECT TO' .CHANGE IN ACCORDANCE WITH THE REQUESTS :AND NEEDS OF THE ACTUAL PURCHASERS.. CALL US FOR YOUR NEEDS----(305).666-6575 : TH9 SOUTH MIAMI MUH:bSwNAL CENTER 7211 -S.W.. 62nd Avenue. Suite'204. South Miami, Florida 33143 v KendallmSouth News Monday.November 10,1980 Busmess & Real Report Real Estate — Finance — Banking — Homeowner Mortgage — Insurance S. Miami Ponders R ® Zoning Amendment The city of South Miami "no permit or license shall According to City has passed a resolution to be issued by the City Attorney Edward Moore, consider creating a new where the issuance of such there is no basis for subsection, to the RO permit or license would refusing a building permit (Residential Office result in the non. to Margadonna because he District) Building conforming or unlawful began proceedings for a ordinance. use of property should building permit more than such proposed change be 9 months ago. The proposed adopted." "Hopefully, we will get subsection in RO zoning One builder who finds our permit and be finished` would establish a himself directly affected building one year from. pnaximum size of 3500 by the proposed ordinance now,"Margadonna said. square feet for any is Gary M. Margadonna, At the October. 7th individual " building and General Manager of Commission. meeting, would further prohibit the Continental Investors South Miami Com connection of adjacent Group. missiones Bill Porter firs buildings by fences or I n F e b r u a r y requested that the city wails. Margadonna applied to the look into :i►e current RO The' proposed city to build a two-story zoning laws amendment, which. is condominium office . Homeowner Helen scheduled to be discussed building of approximately Margolin, who is a. public hearing on 19,000 square feet at 7211 volunteer .member of the at a pub April 7th, lic would halt SW 62nd Avenue. South Miami Planning and The City of South Zoning Board, said-that construction of any Miami is now considering "there needs ,,t6.'lie a building, more than 3500 whether or not it should definite clarification,. of square feet, under the issue Margadonna the what RO zoning means." South Miami "Zonign in: Progress"code. permit to build. even ,.The residents of South though he would not be Miami do not feel that the ; „complying with ' the intent of RO zoning is The "Zoning In proposed RO building being followed," Mrs. Progress' code states that.., =amendment.". Margolin said. 4 Commercial Space v No'ow ou can buy an office a n d cut taxes. freeze the rent South Florida's condominium boom plus another $1.50 for parking. That's higher than the top rental rate of $15 a toot on Brickell and'in spreads to office buildings. downtown Miami. "But what's the rate going to be. By LARRY BIRGER don/Koro g lu Co., is in the design in three years?" London asks. Rusiness/Mondav Editor stage for the area's first ambitious Choice office locations are leasing The rapidly-escalating cost of project — a $27-million high-rise for$30 to$50 a foot in Chicago and leasing — and the surge in real es= that would be built at 1221 Brickell New York. tate values — is creating a boomlet Ave. London says that one of the in a new sector of office-building Construction financing has not drawbacks to office condos that has development. been obtained for the planned 35- cropped up In the past �, not Rather than erect buildings in story. 260,000 square-foot venture ..enough room for, expansion— is which space is rented to tenants, a but President 1. Edward London cured by selling the buyers.entire growing number of developers have says that at least three banks, two floors with more space,than'. they started to sell office space. In Miami, are interested in backing Initially require. -in short,the office condominium. the project. But Jerry Fogelson of Chicago, Ralph Bowden, a vice president president of F.ogelson Companies,' of Moss/Fleming/Epple Inc.,a Boca Tax'benefits Inc., which Is putting'up an office Raton-based realty consulting firm, condo In Coral.Spxings,Is selling by' reports that nearly 400,000 square London says he has received . the square toot to.assure buyers feet in 14 different office condos "reservations" for 60 per..cent' of they.can purcbase,enough,space Yor have been built In Broward and the space, virtually all from attor ,:expansion. Palm Beach Counties. Heys. who visualize numerous tax .the:""20,000-square foot building' The survey didn't take into ac- benefits : and appreciation from will have,at inost.',20 suites,wlth`:a, count a' number of new projects-. owning rather than renting. minimum size of 1,000 feet. planned by Innovative Enterprises,. .. : "We think it's an Idea whose Here are the economics of-an.-of Inc., a 'Plantation-based company time has come because landlords _ .rice condo: that has launched a franchise pro. will no .longer accept flat leases, A buyer could lease,a--it o6.foot gram. they want protection against infla suite. at $9 a toot..This would cost`..: "We've licensed our plans and tion, higher operating expenses and him $9,000 a.year.'It he's in a'50: designs for use by, contractors_for: a larger return on their .invest per.cent:tax bracket,his.real ccst-is office condominiums.. in _ Oregon. fnent,"London says. $4,500 a year'. But,.as a purchaser, Utah,..:Arizona. Texas and Georgia : ...'Partner Wilt redo.Borroto, an ar- • she can deduct interest on the mort- as well as units in Aventura (North chitect,' tsays tenants will -"have ' gage, and take ; depreciation ' = Dade County], Stuart, Tampa and control over their rental costs while which Fogelson says would result Deerfield Beach," says Michael getting4he prestige of a top-quality in a net cost of$3,366,a 40 per cent Spielvogel,.Innovative's president." location:.' savings over renting::, ' South Florida's office condos, alt, . They:say entire floors are being' Based on appreciation of 10 per~ one and,two-stories, are part of an . sold. at prices ranging 'from just cent yearly, which isn't uncommon experiment to .find:out'how well under4I.1 million to more than In South Florida, Fogelson contends they sell.` $1--.1 million. - the.buyer would wind up with-a. But a.Miami firm, Borroto/Lon This`amounts to $17:50.a foot, .real dollar savings of$10,:1.34. . ' g = 72' 5' 5pac¢5 a 5' high masonry fence T n5 w I I t� �v O +�:,-„,.'w.•.; .tea -�- "W-1 27. ._ :`: ' ws - ev” .� h i ramp comp.Tndicjppl Cory. Comp. gnirdnc ; I y`}_' �• patio j t :.;Flo 06 s .o, Grp.fJr. =1068 so.R. i . . Grd fJr r 8 v Sic 2 flr. = 1682 sq.ft. es:f . 2"4 flr. = 1682 so.f�`. ..:3 Tob1 = 2750 soft. Ta al } 2750 5Q.41 Y I .:.. - �?+, Ys.. ; 15' 15j, 112x^ 3o'-g 3i • �5" �� 9S. y sf§ ,7* 49/ so, �/ I 5' wide concrete sidewalk . 1 TTi 7AF-10 C 9 J'"� C"e o L iN.,E Z O �TF,,j•7 �Z ,LCxiZZ4,.Vc) 8.g,vr 7'�"E,� TO Evr,,aiw" To iPF.»i41.t/ U��iNish eaL !/�vT^s;L L C o,F o �S i ssu y9b �10�/ED �iy To Occ6,pA-AIZr C-4,V J" B . Corvst2trcT/a.c! T/L.A L2e, C40V TV.AJV BE ,�6isJV(/�p FR on s,t8 .41" 7W-J 4A---,4- ���L�t�oN TjM�r a /p uroRxia9 ogjos �`_ --� � RooclM„q, �, 1�wrLv� aF INcorvy lets w-fl2iL ; ` � Soo S-F SO.'L .'954,- 7S" o0 70r,04 W1103-0-2 R 1 t u:� _ - W � f LiJ --� -- --- � -- - _�� �- � -� �.� � � __, ��" � 'Ir i �-�� ,� _ �p _ __ � �� _� �° �-