HomeMy WebLinkAboutR-88-0591J-88-387
6/23/88
RC;SULU'CIC)N NU:
�v4- _; "� 1.
A RESOLUTION APPPOVI NG A MOD [ F r CATTON OF THE
DECLARATION OF RF,STRICTIVF' COVPNANTS RUNNISIG
WITH THE LAND ( HEREINAFTER "COVENANT") DATED
MARCH 2, 1988 FOR THE PROPERTY OWNED QY
CHALLENGER INVESTMENTS, INC. AND ,70RGE
RODRIGUEZ AND LOCATED AT APPROXIMATE T,Y 2Ql;1-
2999 SOUTHWEST 22ND TERRACE, (MORE
PARTICULARLY DESCRIBED HEREIN) TO DELETE THE
kEOUIREMENT THAT THE ABOVE -DESCRIBED MASONRY
WALL RE COMPLETED WITHIN NINETY (90) DAYS OF
THE DATE OF FINAL 'ZONING APPROVAL IN ORDER TO
ALLOW THE PROPERTY OWNERS TO POSTPONE
CONSTRUCTION OF THE WALL ON THE SOUTH
PROPERTY LINE OF THE PROPERTY UNTIL
COMMENCEMENT OF CONSTRUCTION OF A NEW OFFICE,
BUILDING, SUBJECT TO THE FOLLOWING
CONDITIONS: 1. THE BUILDING PERMIT FOR THE
CONSTRUCTION OF A NEW OFFICE BUILDING MUST BE
ISSUED ON OR BEFORE JANUARY 1, 1989.
2. PROPERTY OWNERS HAVE NINETY (90) DAYS FROM
DATE OF ISSUANCE OF BUILDING PERMIT TO
COMPLETE. CONSTRUCTION OF WALL IN ACCORDANCE:
WITH THE TERMS OF THE COVENANT, AND FURTHER
SUBJECT TO RECEIPT BY CITY OF AN EXECUTED
RECORDABLE MODIFICATION OF COVENANT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS, on January 28, 1988, the City Commission adopted
Ordinance No. I0374 which granted a change of zoning
classification for the property located at approximately 2951-
2999 Southwest 22nd Terrace, Miami, Florida, more particularly
described as Lots 26-29 inclusive, less the south one foot
thereof, Block 2, MIAMI SUBURBAN ACRES AMENDED, as recorded in
Plat Book 4 at Page 73, Public Records of Dade County, Florida,
rrom RG-1/3 General Residential (One and Two Family) to CR-2/7
Commercial Residential (Community); and
WHEREAS, on January 28, 1988, the City Commission accepted a
Declaration of Restrictive Covenants (hereinafter the "Covenant")
dated March 2, 1988, a copy of which is attached hereto as
Exhibit 1, pursuant to which the Owners, Challenger Investments,
Inc. and Jorge Rodriguez, covenanted, in Section 1 thereof, to
provide a sixifoot high masonry wall along the northern boundary
CITY COMMISSION
MEETING OF
JUN 23 1988
ESOLUTION No.
88- 91
of a 20 feet wide landscaping buft.Pr to lie installed along the
entire south property line of the property along Southwest 22
Terrace. The Owners further covenanted to complete construction
of the masonry wall within ninety (90) days from the date of
final zoning approval, in accordance with a landscape plan to be
approved by City of Miami Planning Department; and
WHEREAS, the Covenant further provides that it may be
modified, amended or released by a written instrument after
approval at a public hearing before the City Commission: and
WHEREAS, the property owners have requested that the
Covenant be amended to delete the requirement that the above -
described masonry wall he completed within ninety (90) days of
the date of tinal zoning approval in order to allow the property
owners to postpone construction of the wall on the south property
line of the property until commencement of construction of a new
office building; and
WHEREAS, the City Commission has determined that it is in
the best interests of the general welfare of. the City of. Miami
and its inhabitants to allow the above -described amendment;
NOW, THEREFORE,, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. A modification of Paragraph "B" of the
Declaration of Restrictive Covenants dated March 2, 1988 to read
as follows:
Landscape Buffer and Wall. Prior to the issuance
of a building permit on the Property, Owners shall
obtain approval of a landscape plan from the City of
Miami Planning Department which plan shall reflect a
landscape buffer with a width of twenty (20) feet along
the entire south property line of the Property along
Southwest 22nd Terrace. This huff.er will contain
landscaping inclined towards a six foot high masonry
wall which Owners shall construct at the northern
boundary of the twenty foot landscaping buffer. The
landscaping of the property shall be installed in
conformity with said landscape plan; and the Owners
shall also be responsible for the permanent maintenance
of the landscaping on the Property. This wall will be
constructed at the time of development of. the Property
in accordance with Paragraph G herein.
- 2-
8-- 91
subject to the Followih�l cohditions 1. The bui]dinq hermit For
construction of a new ,Rice building must bra issued on or before
,January 1, 1989. 2. Property Owners have ninety (90) days from
date of issuance of buildincl permit to complete construction of
wall in accordance with the terms of the Covenant, and further
subject to receipt by City of an executed recordable instrument
in a form acceptable to the City Attorney is hereby approved.
PASSED AND ADOPTED this 23rd day of June 1988.
ATTE' XAVIER L. S lA EZ, MAYOR
-RAT-n HIRAI, City Clerk
PREPARED AND APPROVED BY!
JAG-
- � a,
G. MIRIAM MAER
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
c
JO GE L. FE NANDEZ�~
Ci _y Attu rn y
GMM/rcl/M686
- 3-
8-•` 91.
I
i
1
�i'f 'F 'AIAfv11, FLORIDA
INTMOFFIO MEMORANDUM
Gloria Pox, Chief ^`,TE October 12, 1988 ''ILEA-88-099
Hearing 13oatds Division
suECT Modification of Covenant
2951=2999 S.W. 22 Terrace
PZ-37 City Commission Meeting
�RCIA . Miriam Maer-_-ERENCES of June 23, 1988,
Assistant City Attorney
ENCLOSURES (one)
Enclosed is the original Covenant for recording in the
above -referenced matter,
GMM/rcl/P481
enclosure
CC., Guillermo Olmedillo
Deputy Director
Planning Department
Edith Fuentes, Director
Building & Zoning Department
Joseph A. Genuardi
Zoning Administrator
Santiago Jorge -Ventura
Building Official
Gloria Fox, Chief
Hearing Boards Division
James J. Kay
Chief Design Engineer
Public Works Department
Matty Hirai
City Clerk L. }
Irk
t
Y
t,
MODIFICATION OF
bECLARATION OF RESTRICTIVE COVENANTS
This Modification of Declaration of Restrictive Covenants is
made this t±�day of 1988, by Challenger Investments,
Inc., a Florida corporation, and Jorge Rodriguez ("Owners"), in
favor of the City of Miami, Florida, a municipality of the State
of Florida.
W I T N E S S E T H:
WHEREAS, the Owners hold Fee -simple title to certain prop-
erty in the City of Miami, Florida ("the City"), consisting of
Lots 26 through 29, Block 2, MIAMI SUBURBAN ACRES LIMITED, as per
the plat thereof recorded in Plat Book 4, Page 73 in the Public
Records of Dade County, Florida (the "Property"); and
WHEREAS, a Declaration of Restrictive Covenants (hereinafter
referred to as the "Declaration"), in favor of the City of Miami
was recorded in the Public Records of Dade County in Official
Record Book at Pages which placed certain restrictions
and conditions on the use of the Property;
WHEREAS, a public hearing was held before the City
Commission of the City of Miami on June 23, 1988, at which
hearing the modification of Paragraph "B" of the Declaration was
approved by Ordinance No. 88 as follows:
FROM: Landscape Buffer and Wall. Prior to the
issuance of a building permit on the
Property, Owners shall obtain approval of a
landscape plan from the City of Miami
Planning Department which plan shall reflect
a landscape buffer with a width of twenty
(20) feet along the entire south property
line of the Property along S.W. 22nd
Terrace. This buffer will contain land-
scaping inclined towards a six foot high
masonry wall which Owners shall construct at
the northern boundary of the twenty foot
landscaping buffer. The landscaping of the
Property shall be installed in conformity
with said landscape plan; and the Owners
shall also be responsible for the permanent
Prepared by:
Sheila F. Wolfson, Esq.
Greenberg, Traurig, Hoffman
Lipoff, Rosen i Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33131
MODIFICATION OF
DIRCLAPATION OF RESTRICTIVE COVENANTS
This Modification of Declaration of Restrictive Covenants is
made this �_y�4P day of 1988, by Challenger Investments,
Inc.r a Florida corporation, and Jorge Rodriguez ('Owners"), in
favor of the City of Miami, Florida, a municipality of the State
of Florida.
W I T N E S S E T H:
WHEREAS, the Owners hold Fee -simple title to certain prop-
erty in the City of Miami, Florida ("the City"), consisting of
Lots 26 through 29, Block 2, MIAMI SUBURBAN ACRES LIMITED, as per
the plat thereof recorded in Plat Book 4, Page 73 in the Public
Records of Dade County, Florida (the "Property"); and
WHEREAS, a Declaration of Restrictive Covenants (hereinafter
referred to as the "Declaration"), in favor of the City of Miami
was recorded in the Public Records of Dade County in Official
Record Book at Pages which placed certain restrictions
and conditions on the use of the Property;
WHEREAS, a public hearing was held before the City
Commission of the City of Miami on June 23, 1988, at which
hearing the modification of Paragraph "B" of the Declaration was
approved by Ordinance No. 88 as follows:
FROM: Landscape Buffer and Wall. Prior to the
issuance of a building permit on the
Property, Owners shall obtain approval of a
landscape plan from the City of Miami
Planning Department which plan shall reflect
a landscape buffer with a width of twenty
(20) feet along the entire south property
line of the Property along S.W. 22nd
Terrace. This buffer will contain land-
scaping inclined towards a six foot high
masonry wall which Owners shall construct at
the northern boundary of the twenty foot
landscaping buffer. The landscaping of the
Property shall be installed in conformity
with said landscape plan; and the Owners
shall also be responsible for the permanent
Prepared by:
Sheila F. Wolfson, Esq.
Greenberg, Traurig, Hoffman
Lipoff, Rosen a Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33131
88- i9. 1
maintenance of the landscaping on the Prop"
erty. Owners agree to complete construction
of the masonry wall within ninety days from
the date of final zoning approval.
TO., Landscape Buffer and Wall. Prior to the
issuance of a building permit on the
Property, Owners shall obtain approval of a
landscape plan from the City of Miami
Planning Department which plan shall reflect
a landscape buffer with a width of twenty
(20) feet along the entire south property
line of the Property along S.W. 22nd
Terrace. This buffer will contain land-
scaping inclined towards a six foot high
masonry wall which Owners shall construct at
the northern boundary of the twenty foot
landscaping buffer. The landscaping of the
Property shall be installed in conformity
with said landscape plan; and the Owners
shall also be responsible for the permanent
maintenance of the landscaping on the Prop-
erty. This wall will be constructed at the
time of development of the Property in
accordance with Paragraph G herein.
WHEREAS, Paragraph "I" of the Declaration states in relevant
part that the Declaration may be modified, amended or released by
a written instrument executed by the then owner of the fee simple
title to the land to be affected by such modification, amendment
or release providing that the same has been approved by the City
of Miami Commission, and that should this Declaration be so
modified, amended or released, the Director of the Planning
Department or his successor shall execute a written instrument in
recordable form effectuating and acknowledging such modification,
amendment or release.
NOW, THEREFORE, Paragraph "B" of the Declaration is hereby
modified and such modification shall be deemed to be a covenant
running with the land and binding upon the owners, their
successors, heirs and assigns as follows:
Paragraph "B" of the Declaration shall hereby read:
Landscape Buffer and Wall. Prior to the
issuance of a building permit on the
Property, Owners shall obtain approval of a
landscape plan from the City of Miami
Planning Department which plan shall reflect
a landscape buffer with a width of twenty
(20) feet along the entire south property
line of the Property along S.W. 22nd
Terrace. This buffer will contain land-
- 2 -
leaping inclined towards a six foot high
masonry wall which Owners shall construct at
the northern boundary of the twenty foot
landscaping buffer. The landscaping of the
Property shall be installed in conformity
with said landscape plan; and the Owners
shall also be responsible for the permanent
maintenance of the landscaping on the Prop=
erty. This wall will be constructed at the
time of development of the Property in
accordance with Paragraph G herein.
Except as herein amended, all provisions of the Declaration
shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have set their hands and
rt
seals this � day of NG��.G'�_'� , 1988.
Witnesses:
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
CHALLENGER INVESTMENTS, INC., a
Florida corporation
By: _ — ----�-
(SEAL)
Before me, the undersigned authority, personally appeared
,AY1A1TQ1Q S!'APEZ , the 11,1ANAGl7dC, DIREC 0Rof Challenger Investments,
Inc., who acknowledged on this 26 day of August , 1988,
that he had the authority to execute the foregoing instrument for
the purposes expressed therein.
My Commission Expires:
Notary pub6r, State of
Aor;d
MY Comrrission Expires Feb, t'1
ticnc.,; uu, Iror fun - Insurance Inc.
- 3 -
NOTARY PUBLIC
State of Florida At Large
N8-1591.
STATE OF PLORIbA
) SS-.
COUNTY Or BADE
Before met the undersigned authority, personally appeared
JORGE RODRIGM and acknowledged on this 26
day of August
1988, that he executed the foregoing instrument for the purposes
expressed therein.
r
WHY N5.e, State of F64,
NOTARY PUBM
State of Florida At Large
My Commission Expires:
4
11 T11,111 .0 1111111
10th-OPPItt MEMOAANOUM
Guillermo Olfnedillo September 14, 1988'
Deputy Director, Planning Department
Modification of Covenant
2951-2999 S.W. 22 Terrace
�` PZ-37 City Commission Meeting
m Maer of June 23, 1988.
Assistant ' ity Attorney
For your review and comments, enclosed is a copy of the
above -referenced covenant.
GMM/rcl/P404
enclosure
CC: Edith Fuentes, Director
Building & Zoning Department
Joseph A. Genuardi
Zoning Administrator
Santiago Jorge -Ventura
Building Official
Gloria Fox, Chief
Hearing Boards Division
James J. Kay
Chief Design Engineer
Public Works Department
Matty Hirai
City Clerk
MODIFICATION OF
DECLARATION OF RESTRICTIVE COVENANTS
This Modification of Declaration of Restrictive Covenants is
made this 2L40
day of , 1988, by Challenger Investments,
Inc., a Florida corporation, and Jorge Rodriguez ("Owners"), in
favor of the City of Miami, Florida, a municipality of the State
of Florida.
W I T N E S S E T 8:
WHEREAS, the Owners hold Fee -simple title to certain prop-
erty in the City of Miami, Florida ("the City"), consisting of
Lots 26 through 29, Block 2, MIAMI SUBURBAN ACRES LIMITED, as per
the plat thereof recorded in Plat Book 4, Page 73 in the Public
Records of Dade County, Florida (the "Property"); and
WHEREAS, a Declaration of Restrictive Covenants (hereinafter
referred to as the "Declaration"), in favor of the City of Miami
was recorded in the Public Records of Dade County in Official
Record Book at Pages which placed certain restrictions
and conditions on the use of the Property;
WHEREAS, a public hearing was held before the City
Commission of the City of Miami on June 23, 1988, at which
hearing the modification of Paragraph "B" of the Declaration was
approved by Ordinance No. 88 as follows:
FROM: Landscape Buffer and Wall. Prior to the
issuance of a building permit on the
Property, Owners shall obtain approval of a
landscape plan from the City of Miami
Planning Department which plan shall reflect
a landscape buffer with a width of twenty
(20) feet along the entire south property
line of the Property along S.W. 22nd
Terrace. This buffer will contain land-
scaping inclined towards a six foot high
masonry wall which Owners shall construct at
the northern boundary of the twenty foot
landscaping buffer. The landscaping of the
Property shall be installed in conformity
with said landscape plan; and the Owners
shall also be responsible for the permanent
Prepared by:
Sbeila F. Wolfson, Esq.
Greenberg, Traurig, Hoffman
Lipoff, Rosen a Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33131
maintenance of the landscaping on the prop=
erty. Owners agree to complete construction
of the masonry wall within ninety days from
the date of final zoning approval.
TO: Landscape Buffer and Wall. Prior to the
issuance of a building permit on the
Property, Owners shall obtain approval of a
landscape plan from the City of Miami
Planning Department which plan shall reflect
a landscape buffer with a width of twenty
(20) feet along the entire south property
line of the Property along S.W. 22nd
Terrace. This buffer will contain land-
scaping inclined towards a six foot high
masonry wall which Owners shall construct at
the northern boundary of the twenty foot
landscaping buffer. The landscaping of the
Property shall be installed in conformity
with said landscape plan; and the Owners
shall also be responsible for the permanent
maintenance of the landscaping on the Prop-
erty. This wall will be constructed at the
time of development of the Property in
accordance with Paragraph G herein.
WHEREAS, Paragraph "I" of the Declaration states in relevant
part that the Declaration may be modified, amended or released by
a written instrument executed by the then owner of the fee simple
title to the land to be affected by such modification, amendment
or release providing that the same has been approved by the City
of Miami Commission, and that should this Declaration be so
modified, amended or released, the Director of the Planning
Department or his successor shall execute a written instrument in
recordable form effectuating and acknowledging such modification,
amendment or release.
NOW, THEREFORE, Paragraph "B" of the Declaration is hereby
modified and such modification shall be deemed to be a covenant
running with the land and binding upon the owners, their
successors, heirs and assigns as follows:
Paragraph "B" of the Declaration shall hereby read:
Landscape Buffer and Wall. Prior to the
issuance of a building permit on the
Property, Owners shall obtain approval of a
landscape plan from the City of Miami
Planning Department which plan shall reflect
a landscape buffer with a width of twenty
(20) feet along the entire south property
line of the Property along S.W. 22nd
Terrace. This buffer will contain land-
- 2 -
.R"\ Asuk
r-
scaping inclined towards a six foot high
masonry wall which Owners shall construct at
the northern boundary of the twenty foot
landscaping buffer. The landscaping of the
Property shall be installed in conformity
with said landscape plan; and the Owners
shall also be responsible for the permanent
maintenance of the landscaping on the Prop-
erty. This wall will be constructed at the
time of development of the Property in
accordance with Paragraph G herein.
Except as herein amended, all provisions of the Declaration
shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this � day of A L-vrr 'i , 1988.
Witnesses:
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
CHALLENGER INVESTMENTS, INC., a
Florida corporation
By:_
(SEAL)
Before me, the undersigned authority, personally appeared
AMANCIn SUApEZ. , the 1-•1ANAGIDIG DIRECTORof Challenger Investments,
Inc., who acknowledged on this 26 day of August , 1988,
that he had the authority to execute the foregoing instrument for
the purposes expressed therein.
My Commission Expires:
Hotary pub9c, State of Flor;4
My Commission Expires Feb. 17,
199p
eona.c Ihro Iror fain - (gjuji,naa InC
- 3 -
M C4-�
NOTARY PUBLIC
State of Florida At Large
STATE OP PLORIDA
COUNTY OP DADt
13efore me, the undersigned authority, personally appeared
JORGE RODRIGUEZ and acknowledged on this 26 day of August _#
1988, that he executed the foregoing instrument for the purposes
expressed therein.
r swafy Pum,, State of Flor;--h
Cam tm, laft 17.
NOTARY PUBLIC
State of Florida At Large
lokrit L. ttkNANDU
City .Attotht,v
August 24f 1988
t t of 44atamt
= ;1051 V9.6700
G\+�ni ii•n • - It-letCiwer: 0051 V44730
Alberto Cardenas, Esq.
Greenberg, Traurig, Askew,
Hoffman, Lipoff, Rosen & Quentel, P.A.
1401 Brickell Avenue
Miami, Florida 33131
Re: Resolution approving Modification of Covenant - PZ-37 City
Commission Meeting of June 230 1988, approximately 2951-2999
Southwest 22 Terrace
Dear Mr. Cardenas:
Attached please find a copy of my letter dated July 26, 1988
requesting the Modification of Covenant in the above -referenced
matter. It is imperative that we receive this covenant in order
to complete the City's records.
Sincerely,
G. Miriam Maer
Assistant City Attorney
GMM/rcl/P348
cc: Sheila Wolfson, Esq.
Matty Hirai, City Clerk
Guillermo Olmedillo
Planning Department
(11-itu of
Or
�. 31
City Attothey " "id �o i3051 514.6058
Telecopier: (305) 374-4130
Julys 26, 1988
Alberto Cardenas, Esq.
Greenberg, Traurig, Askew,
Hoffman, Lipoff, Rosen & Quentel, P.A.
1401 Brickell Avenue
Miami, Florida 33131
Re: Resolution approving Modification of Covenant - PZ-37 City
Commission Meeting of June 23, 1988, approximately 2951-2999
Southwest 22 Terrace
Dear Al:
This will confirm our conversation of July 21, 1988 in which you
agreed to send the required modification of covenant to me as
soon as possible. As I explained, the resolution is not complete
without this attachment.
Please send me the modification of covenant post haste.
Sincerely,
G. Miriam Maer
Assistant City Attorney
GMM/rcl/P270
cc: Sheila Wolfson, Esq.
Matty Hirai, City Clerk
Guillermo 01medillo
Planning Department
LAW DEPARTMENT/Claims/ 1100 AmeriFirst Building/One Southeast Third Avenue/Miami, Florida 33131
t# of ,tams
10-Rt L, ttkNANbEt
City Attothev 051
ie 0i00
� ;r;,• ;;�• i,' 1rlptoprPf: i305f 314-430
y�srr�.►�o��
July 13, 1988
Sheila Wolfson, Esq.
Greenberg, Traurig, Askew,
Hoffman, Lipoff, Rosen & Quentel, P:A:
1401 Brickell Avenue
Miami, Florida 33131
Re: Modification of Covenant - PZ-37 City
Commission Meeting of
June 23, 1988, approximately 2951-2999
Southwest 22 Terrace
Dear Sheila:
Please forward the Modification of Covenant in the above -
referenced matter, as approved by the
City Commission on
June 23, 1988.
Sincerely,
G.-Miriam,Maer
Assistant Citv Attorney
GMM/rcl/P241
enclosure
CC: Joseph A. Genuardi
Zoning Administrator
Guillermo 01medillo
Planning Department
Gloria Fox, Chief
Hearing Boards Division
S��S^mil
OFFICE OF THE CITY ATTORNEY/1100 AmeriFirst HuildmK/one Southeast Third Avenue/Miami. Florida 33131
ti
r
w
GI`FY OK MIAMI, PLORIDA
INtV4-OPPICE MI€MOt4ANbUM
"O Honorable Mayor and Members DAtF rILE,
of the City Gorrenssioti
SUBJECT Resolution Recommending
Gay Heights = Natoma
Manor Traffic Study.
CROM Cesar H. Odi o RtPtArNCES!
City Manager City Commission Agenda
ENCLOSURES. of June 23, 1988.
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached
resolution approving in principle the Bay Heights - Natoma Manor Traffic
Study, a copy of which is attached, and requesting the administration to
schedule a public hearing for determination of a method of funding traffic
control measures.
BACKGROUND:
At its May 19, 1988 meeting, the Commission requested a study of the Bay
Heights - Natoma Manor traffic intrusion problem. The Commission also noted
that the City has no more funds available for neighborhood street closures and
that where they are desired and approved, neighborhood residents would have to
determine and agree to a method of financing them.
The Planning Department and Public Works Department have completed the
requested traffic study. It recommends automatic gates timed for peak hours
only at three locations, and closure of the Halissee Street - South Dixie
Highway intersection. The Commission action requested is approval in
principle of these recommendations for presentation at a public hearing for
citizen comment and determination of financing methods.
815-1 8
•
11
PZM37
LAW OrFICES
GREENBERG, TRAURIG, ASKEW, HOFFMAN, UPOFFF, ROSEN & OUENTEL, P. A.
JEFFREY P AGRON
LAWRENCE GOOOrSKY
FERNANDO C. ALONSO
ALAN S GOLD
CESAR L. ALVAREZ
STEVEN E. GOLDMAN
RUDOLPM F ARAGON
STEVEN M GOLDSMITH
RICMARD A ARKIN
LAWRENCE S GOPDON
PEUBIN O D ASKEW
MATTHEW B GORSON
KERPIL BARSM
HOWARD W GREEN. JP
HILARIE BASS
DIANNE GREENBERG
ALYSSA M BAUMGARTEN
MELVIN N GREENBERG
RICMARD D BARTER
ROBERT L SPOSSMAN
NORMANJ SENFORO
KENNETH C HOrP-AN
MARK O. BLOOM
LARRYJ HOrFMAN
LEONAROO F BRITO
JANET L. HUMPHREYS
BURT BRUTON
OONALOJ. JANET
STEVE BULLOCK
MARCOS O JIMENE2
ROBERT K BURLINGTON
MARTIN KALB
LILIANA CANO
JOEL J KAPP
, PHILLIP CARVER
JUDITH KENNEY
SUE M COBB
TIMOTHY E KISH
KENDALL B COFFEY
STEVEN J. KRAVITZ
DIANE M CONNIFF
STEVEN A. LANOY
JEFFREY O OtCAPLO
ALLEN P LANGJAMR
OSCAR 0. Ot I.A GUARDIA
ALAN S LEDERMAN
ALBERT A Ott. CASTILLO
JEFFREY E. LEVEY
ALAN T DIMOND
NORMAN H LIPOrr
CHARLES W EDGAR III
CARLOS E LOUMIET
JEFFREY L. FORMAN
JUAN P LOUMIET
ROBERT J FRIEDMAN
PEDRO A MARTIN
ROBERT C. GANG
JAY A MARTUS
LAURA A GANGEMI
JOEL0 MASER
MARLENE GARCIA
WILLIAM LEE McGINNESS
RICMARD G GARRETT
JOHN T METZGER
BRIAN K GART
LOUIS P MONTELLO. JP
BRUCE M GILES•KLEIN
ALICIA M MORALES
ROBERT B GINBERG
JANET L O BRIEN
RICMARD J. GIUSTO
ANTHONY J O DONNELL. JR
..ULIE K. OLDEMOrr
MIAMI OFFICE
DEBBIE M Ow SMEFSKY
BRICKELL CONCOURS
MARK A RACHMAN
1401 BRICKELL AVENUE
.
STEVAN JPARDO
OLGA E DARPA
MIAMI. rLORIOA 33131
STEVEN R PARSON
'ELEPMONES
MARSHALL R PASTERNACK
MIAMI 1305) 579.0500
BYRON G PETERSEN
SPOWAMO 13051523. 8111
ALBERT O OUENTEL
TELEX 80.3(24
..OEL REINSTEIN
TELECOPY 13C6) 579.0718 . 579.07,7
MARK J REISMAN
LUIS RATTER
CON5TA NCE M RIODER
WEST PALM BEACH OFFICE
ANORES RrvERO. nl
100 AUSTRALIAN AVENUE . SUITE 201
KENNETH B ROBINSON
WEST PALM BEACH. FLORIDA 33406
NICHOLAS ROCKWELL,
(305) 683.6611
RAOUEL A RODRIGUEZ
TELECCOV 1305) 683 • 8447
MARTIN S ROSEN
RICHARD A. ROSENBAUM
BROWARO OFFICE
M ROSENGAwTEN
RONADAVID
500 EAST SPOWARO BOULEVARD SUITE 1350
L ROSS
LRT
.
ROBE
ROBEO RUBIN
FORT LAUDERDALE. FLORIDA 32394
KAREN O RUNOOUIST
(305) 765.0500
CLIFFORD A SCHULMAIV
TELECOPY (305) 765.1477
MARLENE K. SILVERMAN
STUART M SINGER
ORLANOO OFFICE
TIMOTHY A SMITH
III NORTH ORANGE AVENUE . SUITE 1550
DAVID R. SOFTNESS
LAURAP STEPHENSON
ORLANDO. FLORIDA 3280I
GARY P TIMIN
(305) 841 •2222
ROBERT M TPAURIG
TELECOPY (305) 422.2766
JERROLD A. WISH
TIMOTHY D. WOLFE
WRITER S DIRECT NO:
SHEILA WOLFSON
(305) 579-0581
ZACHARY H WOLFF (RETIRED)
PLEASE REPLY TO:
May 2, 1988 MIAMI OFFICE
MkND-DELIVERED
Ms. Gloria Fox
City of Miami Hearing Boards
275 N.W. Second Street, Room 226
Miami, Florida 33128
Re: Ordinance No. 88-10374
Dear Ms. Fox:
This letter constitutes our amended application for a modi-
fication of a Declaration of Restrictive Covenants, a copy of
which is attached hereto, which were proffered by the property
owners in conjunction with their rezoning application granted by
the City Commission in Ordinance No. 88-10374. The purpose of
the requested modification is to allow the property owners to
postpone the construction of the wall on the south of the prop-
erty until construction of a new office building will commence.
Accordingly, we enclose a proposed modification of the Declara-
tion of Restrictive Covenants indicating this change. We are
enclosing copies of letters from the neighbors indicating their
agreement with the proposed modification.
Please schedule this matter for hearing by the City
Commission.
Very truly yours,
Sheila Wolfson
SW: lr
Enclosures
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March 25, 1988
To whom it may concern:
I, Albert Gregalot (neighbor) residing at 2950 S.W. 22 Terrace
have no objections to the request of Challenger Investment to leave
the existing structure at 2263 S.W. 22 Terrace standing, and I feel
that the existing fence is a satisfactory substitute for the required
wall until such time as a permit for new construction is finally
approved.
Thank you,
Albert Gregalot
2950 S.W. 22 Terrace
Sworn and Signed before me on 28 day of MARCH 1988.
r Notuy Pu66c. State of F1ai&
My Commission Expires Feb. 17, 19"
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• March 25. 1988
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To whom it may concern:
I. John Gregalot (neighbor) residing at 2962 S.W. 22 Terr. have no
objections to the request of Challenger Investment to leave the
existing structure at 2263 S.W. 22 Terrace standing, and I feel
that the existing fence is a satisfactory substitute for the required
wall until such time as a permit for new construction is finally
approved.
Thank you,
l
John E. Gregalot
2962 S.W. 22 Terrace
i\
Sworn and Signed before me on 28 day of March 1988.
9
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MY Commi;lion Expires Feb. 17, 1"0
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i DACLARAT1014 Or RL.5TRICTM COVENANTS
This Declaration of Restrictive Covenants by Challenger
1nvesttcents, Inc. , a Florida corpotation, and Jotge Rodtigue2
("Owners"), in favor of the City of Miami, Florida, a
municipality of the State of Florida.
W T T N E S S E T 9:
WHEREAS, the owners hold Fee -simple title to certain prop-
erty in the City of Miami, Florida ("the City"), consisting of
Lots 26 through 29, Block 2, MIAMI SUBURBAN ACRES LIMITED, as per
the plat thereof recorded in Plat Book 4, Page 73 in the Public
Records of Dade County, Florida (the "Property"); and
WHEREAS, the Owners are presently applicants before the City
of Miami City Commission for a change of zoning classification in
the Official Zoning Atlas of the City of Miami, from RG-1/3 (Gen-
eral Residential) to CR-2/7 (Commercial Residential) for the
above -described property, less the south 1 foot thereof; and
WHEREAS, the Owners are desirous of making a binding commit-
ment to assure that the Property shall be developed in accordance
with the provisions of this Declaration;
NOW, THEREFORE, the Owners voluntarily covenant and agree
that the Property shall be subject to the following restrictions
that are intended and shall be deemed to be covenants running
with the land binding upon the Owners of the Property, and their
successors and assigns as follows:
A. Buildinc Height Limitation. The height of buildings
located within fifty (50) feet of the south property -ine of the
Property along S.W. 22nd Terrace shall not exceed two (2) stories
or thirty-five (35) feet.
B. Landscane Buffer and Wall. Prior to the issuance of a
building permit on the Property, Owners shall obtain approval of
Prepared by:
Anthony J. O'Donnell, Jr., Esq.
Greenberg, Traurig, Askew,
Hoffman Lipoff, Rosen & Quentel, P.A.
1401 Brickell Avenue
Miami, Florida 33131
a landscape plan from the City of Miami Planning Department which
i
plan shall reflect a landscape buffer with a width of twenty (201
feet along the entire south property line of the Property along
S.W. 22nd Terrace. This buffer Will contain landscaping inclined
towards a six foot high Masonry wall Which Owners shall construct
at the northern boundary of the twenty foot landscaping buffer.
The landscaping of the Property shall be installed in conformity
with said landscape plan; and the Owners shall also be respon-
sible for the permanent maintenance of the landscaping on the
Property. Owners agree to complete construction of the masonry
wall within ninety days from the date of final zoning approval.
C. Vehicular Access Limitation. No vehicular access for
ingress or egress shall be permitted across the south property
line of the Property along S.W. 22nd Terrace,
D. Site Plan. Owner agrees to develop the Property sub-
stantially in accordance with the site plan entitled "Radio Mammi
Property" dated 1/6/88, revised 1/25/88 and prepared by Chisholm
Santos and Raimundez.
E. Parking. Owner agrees that parking provided for any
development on the Property shall be a minimum of 110% of that
required by the City of Miami Zoning Code.
F. Child Care Contribution. Owner agrees to contribute
the sum of $5,000.00 to the Park Improvement Trust Fund for Child
Care Facilities prior to issuance of a certificate of occupancy
for any building to be constructed on the Property.
G. Commencement of Development. Owners agree to begin
development on the Property by securing a building permit within
one year from the date of final zoning approval. In the event
that a permit is not secured �Athin that time, the City Commis-
sion may reconsider the grant of zoning approval.
H. Effective Date. If the City Commission of the City
approves the Owners' pending application for an amendment to the
City of Miami Zoning Atlas, and after said approval has become
final and non -appealable, this instrument shall constitute a
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covenant running with the title to the Property and be binding
upon the owners, their successors and assigns. These testric=
tions shall be for the benefit and limitation upon all present
and future owners of the Property and for the public welfare.
1. Amendment and Modification. This instrument may be
modified, amended or released as to any portion of the Property
by a written instrument executed by the then owner of the fee-
simple title to the land to be effected by such modification,
amendment or release providing that same has been approved by the
City of Miami Commission. Should this instrument be so modified,
amended or released, the Director of the Planning Department or
his successor, shall execute a written instrument in recordable
form effectuating and acknowledging such modification, amendment
or release.
J. Term of Covenant. This voluntary covenant on the part
of the Owners shall remain in full force and effect and shall be
binding upon the owners, their successors and assigns for an
initial period of thirty (30) years from the date of this instru-
ment is recorded in the public records and shall be automatically
extended for successive periods of ten (10) years thereafter
unless modified, amended or released prior to the expiration
thereof.
K. Presumution of Compliance. Where construction has
occurred on the Property or any portion thereof, pursuant -to a
lawful permit issued by the City of Miami, and inspections made
and approval of occupancy given by the City, the same shall
create a presumption that the buildings or structures thus con-
structed comply with the intent and spirit of this Declaration of
Restrictive Covenants and said Declaration shall not be construed
as a cloud on title* to any of said property upon which said
development has occurred.
L. Insnection and Enforcement. It is understood and
agreed that any official inspector of the City of Miami may have
the privilege at any time during normal working hours, to deter-
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fiihe whether the conditions of this Declaration are being cots-
plied with. An enforcement action may be brought by the City or
by any property owner within a75 feet of the Property and shall
be by action at law or in ea-uity against any patty at person
Violating Or attempting to Violate any covenants, either to
restrain Violations or to recover damages. The prevailing party
in the action or suit shall be entitled to recover costs and
reasonable attorneys fees. This enforcement provision shall be
in addition to any other remedies available under the law.
M. Severabilitv. invalidation of any one of these cove-
nants by judgment of Court shall not affect any of the other
provisions of this Declaration, which shall remain in full force
and effect, provided, however, that such invalidation may be
grounds f-or the City to amend the zoning and/or land -use regula-
tions applicable to the Property.
N. Recordina. This Declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost of
the Owners.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this 2nd day of March ., 1988.
Witnesses: -
4
CHALLENGER INVESTMENTS, INC., a
Florida corporation
By:_
(SEAL)
I STATE OF FEORV A )
` ) SS :
COUNTY of DADE )
Before me, the undersigned authority► personally appeared
ARANCIO V. SUAAEZ , the ?resident of Challenger Investments,
Inc., who acknowledged on this 2nd day of March , 1988,
that he had the authority to execute the foregoing instrument for
the purposes expressed therein.
NOTARY PUBLIC
State of Florida At Large
My Commission Expires:
NOTARY rUBUC. STATE OF FLORIDA.
MY COMMISSION EXPIRES: SEPT. 27. 1991.
IIONO[O T"Nu NOTAIIT PUNUC UNOERWRIT900.
STATE OF FLORIDA )
) SS.:
COUNTY OF DADE )
Before me, the undersigned authority,.pPrsona lly appeared
JORGE RODRIGUEZ and acknowledged on this 2nd day of March ,
1988, that he executed the foregoing instrument for the purposes
expressed therein.
My Commission Expires:
NOTARY PUBLIC, STATE OF FLORIDA.
MY COMMISSION EXPIRES: SEPT. 27, 1lt11!
•ONORD TNIIU NOTARY ►USUC UNORNWmTERl?
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NOTARY PUBLIC
State of Florida At Large