HomeMy WebLinkAboutM-85-0680w;_
LAW OFFICES
Imez. WQ&rve
1020 DUPONT BUILDING
169 EAST FLAGLER STREET
MIAMI. FLORIDA 33131.1204
June 24, 1985
Mr. Ron Shapo
Sparber, Shevin, Shapo & Heilbronner, P.A.
Suite 3050
One South East 3rd Avenue
Miami, Florida 33131
CERTIFIED MAIL NO.: P 284 707 323
RETURN RECEIPT REQUESTED
Re: Sunshine State Bank
Dear Ron:
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TELEPHONE: (36;J2l71-4599
This office represents the Point View Association, Inc. This letter is being sent to you
as the attorney for Sunshine State Bank which is owner of Lot 5, Block 2, Point View,
P.B. 2 PG. 93 of Dade County, known as the Babylon property, which is the subject of
a Declaration of Restrictions benefiting, among others, the Point View Association, Inc.
(copy enclosed).
Pursuant to paragraph 12 of the Declaration of Restrictions, we are requesting that we
be provided with full disclosure as to how the Babylon building in its entirety, will be
used. We would appreciate receiving a complete set of plans detailing the proposed uses
of each space of the building, including each balcony. A narrative explaining the plans
and identifying the proposed occupant of each space should also be included.
We look forward to receipt of this information within 10 days. Thank you for your attention
to this request.
Very truly yours,
LAW OFFICES OF JANET L. COOPER
JANET L. COOPER
JANET L. COOPER
JLC:vs
18-255-14
Enclosure
cc: Alan Friedman
Certified, Return Receipt Requested
Bernard Kopel, President
Point View Association, Inc.
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Mr. Ron Shapo
June 24, 1995
Page 2
X(falph Ongie, City Clerk
or inclusion in the file of Item 79 City Commission Agenda June 20, 1985,
Appeal of Zoning Board decision of Appeal of Class C Special Permit No. C-85-259.)
Aurelio Perez-Lugones
(for inclusion in the file)
7 8'0
• 1983 3 PSI 2 10
oFr 12000 Pc2469
DECLARATION OF RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS that the undersigned, being
the owner of the following described property, lying, being and
situated in Dade County, Florida, to -wit:
Lot 5, Block 2, Point View, according to
Plat Book 2, Page 93, of the Public Records
of Dade County ("the property").
in order -to assure the City Commission of the City of Miami,
Florida, that.the representations made to it by the owner will be
abided by, voluntarily makes the following Declaration of
Restrictions covering and running with the property.
Notwithstanding the zoning classification of the property:
1. The building presently existing on the property shill
be preserved and shall not be structurally modified except as is
necessary both internally and externally to convert said struc-
ture into a building with a combination of office and residential
uses, or to improve the landscaping or parking thereon; however,
in all instances any modification must comply with all restric-
tions set forth in this Declaration.
.2. The property and the building may be used only for the
following uses: residential, offices (not selling merchandise on
the premises), banks and savings and loan associations, subject
to the additional restrictions contained herein.
3. The top floor of the building shall be used for
• residential uses only.
4. The first (ground) floor of the building shall be used
for parking only.
5. No medical or dental offices or clinics shall be per-
mitted.
6. Only that portion of the building may be occupied for
which there is adequate parking as required or permitted by the
RO 3/7 zoning classification as determined by the respective uses
within the building.
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7. There shall be a maximum of one (1) bank teller on the
property, which shall be located within the building. 66
0.
8. There shall be no drive-in tellers, automatic or
r•.nchanical teller ,#Q4 hour tel.}e,r,so caftn4gh'
9. There shall be no signs on the South Bayshore Drive
side of the building or on the south side of the building. Signs
and lights therefrom shall be limited to the S.E. 14th Street
side of the building or property.
10. All exterior modifications of the building, including
structural changes and signs, must be approved by IRV KORACH, as
a representative of Point View Association, Inc., or, in the
event of his inability to serve in such capacity, another person
to be designated by the Point View Association, Inc. No exterior
modifications of the building may be made unless approved in
writing in advance. Iry Korach or his successor may require a
change in the color of the exterior of the building to a color
more in harmony with the colors of buildings in the Point View
neighborhood. Approvals required hereunder may not be unreason-
ably withheld. When the preliminary and final designs for the
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exterior modifications have been submitted to MR. RORACH, or his
successor, they must be commented upon and approved and/or
disapproved within 14 days thereafter. Failure to make such
comments within such period shall establish a conclusive presump-
tion of approval of such proposals by the Point View Association,
Inc.
11. The landscaping of the property along South Bayshore
Drive shall. be improved and maintained at a level at least con-
sistent with the landscaping at the existing Point View area
residential buildings.
12. The owners of the property will contribute the sum of
$10,000 for a neighborhood traffic study to be p"_infoo�rmation
professional traffic engineers to be chosen by the
Association, Inc., which sum may also be utilized
the recommendations of such study. The owners shal
erate with Point View Association, 'Inc. by providing
relating to the uses at the property and will coopete inseeking to accomplish the recommendations of the study, t e
specific understanding, however, that the owners shall have no ,(
additional expenses in connection therewith.
Furthermore:
A. It is understood and agreed by the undersigned that
any official inspector of the City of Miami Building Department
or Zoning Department, or any agents duly authorized by the
Director of those Departments may have the privilege at any time
during normal working hours of entering and investigating the use
of the premises to determine whether or not the requirements of
the building and zoning regulations and the conditions herein
agreed to are being fulfilled.
B. These restrictions during their lifetime shall be a
restriction and limitation upon, all present and future owners of
the above -described real property and for the public welfare, and
shall be enforceable by property owners within 375 feet of the
subject property, property owners on South Bayshore Drive between
South East 14th Street and South East 15th Road, Miami, Florida,
specifically including those who may be farther than 375 feet of
the subject property; any condominium association in the above -
described areas, the Point View Association, Inc., a not -for -
profit Florida Corporation or its successor, or by the City of
Miami.
C. This Agreement shall constitute a covenant running
with the land, shall be recorded in the Public Records of Dade
County, Florida, and shall remain in full force and effect and be
binding upon the undersigned, its successors and assigns until
such time as it is modified or released in the manner provided
herein.
D. These covenants are to run with the land and shall be
binding on all parties and all persons claiming under them for a
period of 30 years from the date of recordation, after which time
they shall be extended automatically for successive periods of
ten years, unless an instrument signed by a majority of the then
owner(s) of the property has been recorded which changes or
releases the covenants in whole, or in part, provided that the
covenants have been released or the changes approved by the City
of Miami Commission after a public hearing. If the zoning
district or the regulations applicable to all the properties on
South Bayshore Drive between S. E. 14th Street and S. E. 15th
Road should change to permit any structure within such area to be
used totally for offices, banks, or commercial uses, or combina-
tions thereof, or if the permitted FAR applicable to such area
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S.S-/,O F
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°iL 12000 Pt 247 I'_
increases above that presently permitted, the subject property
shall be relieved of the limitations contained herein which are
more restrictive than the new district or regulations. The
recordation among the Public Records of Dade County, Florida, of
an Affidavit or Certificate from the City Attorney of the City of
Miami that such changes in the City of Miami ordinances have been
made will be sufficient to place all persons on notice that such
changes have modified these covenants.
E. This Declaration of Restrictive Covenants may be
modified, amended or released as to the land herein described, or
any portion thereof, by a written instrument executed by the then
owners of the fee simple title to the lands to be affected by
such modification, amendment or release, provided that the rime
has first been approved by the Point View Association, Inc., and
then by the City Commission after public hearing.
M
WITNESSES:
DATE
S
F. Should this Declaration of Restrictive Covenants be so
modified, amended or released, the Director of the City of Miami
Building & Zoning Department, or his successor, shall forthwith
execute a written instrument effectuating and acknowledging such
modification, amendment or release.
G. Enforcement shall be by action at law or in equity
against any parties or persons violating, or attempting to
violate any covenants, either to restrain violation or to recover
damages. If any suit be brought for such enforcement the
enforcing party, if successful, shall be entitled to recover, in
addition to costs and disbursements allowed by law, such sum as
the Court may adjudge to be reasonable for the services of his
attorney.
A. Invalidation of any one of these covenants, by
judgment or Court, in no. wise shall affect any of the other
provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, the owner has caused these presents to
be executed and signed in its name by its proper officers, and
its corporate seal to be affixed hereto and attested to by its
Secretary the day and year set forth. �j
CUCUSA, Li
r
By:
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RAYICO GNA, President
ATTES
Yc rona Secretary
(Co orate Seal)
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K�r2 000 P447�C
STATE OF FLORIDA )
SS
COUNTY OF DADE )
I HEREBY CERTIFY that on this lam' day of tool% , 1983,
before me personally appeared RAY CORONA and RICARDO CORONA,
President and Secretary, respectively, of CUCUSA, INC., a corpo-
ration under the laws of the State of Florida, 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 affixed thereto the official seal of
said corporation, and that the said instrument is the act and
deed of said corporation.
WITNESS my hand and official seal the day and year last
aforesaid.
My Commission Expires:
NOTARY PUBLIC 1
STATE,Og NORIDA AT LA
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APPROVED AS TO FORM AND CORRECTNESS:
)-ry Attorney
Prepared by: Janet Lenore Cooper, Attorney
LAW OFFICES OF JANET L. COOPER
Suite 1020
169 East Flagler Street
Miami, Florida 33131
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