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 .
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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.
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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
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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
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�y.
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.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.
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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
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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
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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
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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
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` 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
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FLORIDA POjjWER & LIGHT COMPANY
DATE 10 i 13�
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V 'NO., DA?E ' REVISION 'RY CN CORR j ASP
• k;Pr E OF CUsTC.Iipp, OR MILDI :G: _ ENCtos{!i, 2
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PAD MOUl TED TRANSi`ORV-SRS -
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SFCTIDit A-P'---
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' .Sp ace for Cus,am. er's Con 4w',is & Cabtes
_rS0ME7T- G= Y3Eyy
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NOTE• CUSTOMER'S SERVICE COMOUITS SR ALL
TE��:,thAT
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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 .
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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
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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
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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
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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
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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
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RECEIVED OF _� �^ may. Oz
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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
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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
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THE SOUTH MIAMI PROPGOSIONAL CENTER 72t 1 S.W. 62nd Avenue, Suite 204, South..Miami, Florida 33143 .
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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. .
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