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Home My WebLink AboutCC 1980-06-06 Discussion ItemCITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Tot Mayor and City Commission OATS: June 5, 1980 FILE: Attention: Mr. Joseph R. Grassie sue.1rcr: Withdrawal of Appeal of Zonina Variances for ^ Wimbledon Racquet Club F �-X,l ellio E.r Fe-' - ugones REFERfiNCER: Director Planning and Zoning Boards ENCLOSURC9: Administration Department lie have been notified today that Item #10 (Appeal by The Clipper Condo Association of the Wimbledon Racquet Club) has been with- drawn by the appellant. Attached is the correspondence relevant to this withdrawal. AEP:GF/nm June 5, 1980 Mr. Paul Fraticelli Clipper Condominium Board of Directors 880 N. E. 69th Street Miami, Florida 33138 Re: Your letters of 6/30/80 and 6/4/80 on Appeal of Zoning Variance for Wimbledon Racquet Club Dear Mr. Fraticelli: I have received your letter of June 3, 1990 in which you inform me of the Palm Bay Club's desire to be included as a co -appellant in the appeal of variances for the Wimbledon Racquet Club at 790 N. E. 69 Street. Please be advised that I am unable to acknowledge the Palm Bay Club as a co -appellant since they were not an original party to the appeal. Consultation with our Law Department confirmed that we cannot recognize the Palm Bay Club as a party to the Process and therefore the matter will be dis- posed of in accordance with the intentions of the Clipper Condominium Association. This will also acknowledge receipt of your letter of June-, 4, lgRn stating that you are formally withdrawing your appeal on the above -captioned matter. In accordance with vour request I am withdrawing this item scheduled for the City Commission meeting of June 6, 1980. If I can nrovide any further information please do not hesitate to contact me. AEP:GF/nm Sincerely, Y'21 E. Perez Lugones Director Planning and Zoning Boards Administration Department I!IIt. AIIMINISFRATION nFPAR TMFN► moPm""'enianhr film, 11 ill. %'',11., lfRf110 PfRF7•111GONffk, f►irerMu ippet the clo' June 4, 1980 Mr. Perez City of Miami Planning & Zoning Administration 3319 Pan American Drive Miami, Florida 33133 Dear Mr. Perez: We hereby tender corrective notice that the Clipper Condominium Association has voted to withdraw the appeal concerning rezoning variance which was approved by the City of Miami for the Wimbledon Racquet Club on April 22, 1980. Any dispute between the Clipper Condominium Association and Wimbledon Racquet Club has as of this date been resolved and we therefore wish to verify that the only remaining appellant in this matter is the Palm Bay Club. Thank you for your cooperation in the above. Cordially, CL PPE CONDO INIUM A SOCIATION Paul Fraticelli Clipper Condominium Board of Directors PF/iv cc: Grace Nixon thebay At 880 Northeast 69th Street, Miami Developed by Clipper Developers, If / 1175 Nnrtheast 125th Street / North Miami / Fla. 133161 r„b•,.a.I onr rangy CiT'{ r r 1SI1r11�,�r `I CITY Or � 1�AM� ^ P1. r.,,., , ►, LETTER OF AMEMENT I' 7 :1.3 THIS AGREEMENT is made and entered into at Miami, Florida this 3,t4-- day of1980 between CLIPPER CONDO- MINIUM ASSOCIATIONF INC. and WIMBLEDON RACQUET CLUB, INC. WHEREAS, the foregoing parties are neighboring property owners and agents responsible for the management of the several condominiums known as the CLIPPER CONDOMINIUM NO. 1 and the WIMBLEDON RACQUET CLUB CONDOMINIUM; and WHEREAS, various disputes have arisen between the parties concerning the effects of the development known as the WIMBLEDON RACQUET CLUB upon the adjoining properties owned by the CLIPPER CONDOMINIUM NO. 1; and WHEREAS, as a result of these disputes, the CLIPPER CONDO- MINIUM ASSOCIATION has filed an appeal with the Zoning Department for the City of Miami, Florida, alleging that the granting of one certain variance for the WIMBLEDON RACQUET CLUB development detri- mentally affects the rights of the CLIPPER CONDOMINIUM ASSOCIATION members. NOW, THEREFORE, in amicable settlement of their disputes, the parties have agreed that a withdrawal of said appeal shall be effected upon compliance with the following conditions and in accordance with the terms and covenants heretofore set forth: 1. Mark Matthews, owner and developer of the WIMBLEDON RACQUET CLUB, an officer of the corporation known as WIMBLEDON RACQUET CLUB, INC., responsible for the development of said condo- minium, covenants and agrees that the WIMBLEDON RACQUET CLUB shall be constructed in accordance with the present plans and specifica- tions as reviewed by Ted Sigman and filed with the City of Miami and pursuant to all existing ordinances of record in Dade County. 2. Mark Matthews further states that he fully understands that the issue of proper drainage has been a major concern of the (1) LAW OFFICES RECKER. 1,OLIAKOFF & STREITFELD. P.A., 6520 N. ANDREWS. AVENUE • POST OFFICE BOX 4057 . FT LAUDERDALE. FLORIDA 11110 TELEPHONE 4105► 776-7550 f.... nr t�inr�� CLIPPER CONDOMINIUM ASSOCIATION and, hat the effect of the addi- tional three and one-half feet has necessitated solicitation of an independent engineer's opinion concerning any potential drainage problems to the property surrounding the WIMBLEDON RACQUET CLUB. 3. The CLIPPER CONDOMINIUM ASSOCIATION, INC. agrees to withdraw its petition for appeal filed with the City of Miami, upon ratification of the terms of this Agreement by its respective Board of Directors of the Condominium Association. In consideration of the foregoing, WIMBLEDON RACQUET CLUB, INC. covenants and warrants that, should any problems arise subsequent to the withdrawal of said petition for appeal, including but not limited to the drainage on the adjacent properties resulting from the subject matter of the variance attached hereto as Exhibit "B", that said WIMBLEDON RACQUET CLUB, INC. will take immediate action, and in no event later than thirty (30) days from receipt of notification from the Association, to remedy any and all drainage problems which arise. The WIMBLEDON RACQUET CLUB, INC. further agrees that the cost of said remedial measures will be borne by the Developer Corporation and that should it become necessary to enforce the terms of this Agreement in a court of law, the prevailing party shall be entitled to recover reasonable attorney's fees. 4. Further, Mark Matthews will assume personal responsi- bility jointly with WIMBLEDON RACQUET CLUB, INC. for any potential problems or damage suffered by the Condominium Association as a result of the aforesaid drainage matter until such time as control of the WIMBLEDON RACQUET CLUB CONDOMINIUM ASSOCIATION is relinquish- ed to the unit owners. 5. Mark Matthews hereby agrees to pay those actual costs which the CLIPPER CONDOMINIUM ASSOCIATION has incurred in the sub- ject appeal now pending within the City of Miami; same to include attorney's fees, filing fees and engineering costs. Mr. Matthews shall reimburse the Association for up to One Thousand ($1,000.00) Dollars of said expenditures upon presentation of appropriate state- ments reflecting services rendered and fees accrued. (2) LAW oFPICES BECKER. POLIAKOFF & STREITFELD. P.A.. 65;0 N. ANDRE%%S A%EN, E • POST OFFICE BOX 9ns',. FT. LAUDERDALE. FLORIDA III110 TELLPHONE 00"• CITY Cf MIAMI r,fL�� ,,.,IIt1G In consideration of the foregoinibU a�,A_Rart qa agree that el the subject appeal shall be withdrawn as of the 14%�` day of , 1980. WITNESS our hands and seals this 30 day of 1980. WITNESSES: �.C.. �L.:1 . STATE OF FLORIDA COUNTY OF DADE CLIPPER CONDOMINIUM ASSOCIATION, INC. By: Attest:, BLEDON. RACQUET CLUB, INC., est: X .M1`TTHEWS, individually I HEREBY CERTIFY on this y befor a ersonally appeared C . ►Z nand �,� e'vt- LQ1-/ to me known to a the persons described in and who eketiuted the foregoing instrument as President and Secretary of the above -named CLIPPER CONDOMINIUM ASSOCIATION, INC., a corporation and severally acknow- ledged that they executed such instrument as their free act and deed as such officers for the uses and purposes therein mentioned, and that the said instrument is the act and deed of said corporation and that affixed thereto is the official seal of said corporation. WITNESS my ha1lc_ and official seal in the County and State last aforesaid this day of 1980. NOTARY PUBLIC My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT LXPG! NAY CotAMISSION EXPIRES NOV B 1963 BONDED THRU GENERAL INS . UNDERWRI HERS STATE OF FLORIDA COUNTY OF DADE I HEREBY CERTIFY on this day before me personally appeared Mark Maffhnws and , to me known to be the persons described in and who executed the foregoing instrument as President and Secretary of the above -named WIMBLEDON RACQUET CLUB, INC., a corporation and severally acknowledged that they executed such instrument as their free act and deed as such (3) LAW OFFICES HE:CKER. POLIAKOFF & STREITFELD. P.A., 020 N. ANDREWS AVENUE • POST OFFICE BOX 9057 . FT. LAUDERDALE. FLORIDA M10 TEIEPHONE (305) 776 7SSO CITY CF I I • PI >7 officers for the uses and purposes therein mentioned, and that the said instrument is the act and deed of 8daid'''cdrp6t41I1ion and that affixed thereto is the official seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 4 day of June , 19800 ' .D NOTAUY PUBLIC ` My Commission Expires: STATE OF FLORIDA COUNTY OF DADE I HEREBY CERTIFY on this day before me personally appeared MARK MATTHEWS, to me known to be the person described in and who executed the foregoing instrument, and he severally acknowledged that he executed such instrument as his free act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal in the County and State last aforesaid this 4 day of June , 19800 NOTARV PUBLIC My Commission Expires: LAW OFFICES BECKER, POLIAKOFF & STREITPELD. P.A., 6520 N. ANDRE%%S A%'E%UE • POST OFFICE BOX y0S7 • FT. LAUDERDALE. FLORIDA M10 TELEPHONE (IoSi 776.7SS0 June 3, 1980 Mr. Perez ' City of Miami Planning & Zoning Administration } , 3319 Pan American Drive Miami, Florida 33133 Dear Mr. Perez: Referring to our incorrect letter to you (copy of which is attached) dated May 2, 1980, in which the Clipper Condominium Association voted to appeal the rezoning variance which was approved by the City of Miami for the Wimbledon Racquet Club on April 22, 1980: Said letter is hereb•i corrected to include the Palm Bay Club located at 720 N. E. 69th Street, Miami, Florida 33138 and both the Clipper Condominium Association and The Palm Bay Club should be listed as appellants in that matter scheduled on the calendar for Friday, June 6th, 1980, at 7:00 pm. Cordially, 1 CLIPPER COIy1DOMIM Ur ASSOCIATION 'Paul Fraticelli Member, Clipper Condominium Board of Directors PF /iv thebayA, 880 Northeast 69th Street, Miami nrvrinped by Chpper Develnlpees• hrc ; 1175 Nnr►hrasr 125th Street /North Miami IFla. /33161 Telephoire 8916806 May 2+ 1980 City of Miami Planning & Zoning Administration 3319 Pan American Drive Miami, Florida 33133 V Gentlemen: The members of the,Board of Directors of The Clipper Condominium Association Inc. have voted to appeal the rezoning variance which *it approved by the ,City of Miami for the Wimbledon Racquet Club on April 22, 1980. Enclosed please find check in the amount of $S00. 00 which represents fee for appeal. - Most cordially, THE CLIPPER ON THE HAY Seovle To ��jry1F,KCy �' BOARD OF D;&ECTORS e N� r Z0 N I yJ hos sae++rd 0,AM t -� 9woad TD Mt. '?Vogl — ti bso CLIPPER CONDOMINIUM ASSOCIATION, INC. 1181 MO N.E. 69T11 STIIEET NATIONAL BANK of FLORIDA MIAMI, RLORIOA 1191E MIAMo. RL01110A>t,l�l Q./no _ DOLLARs__ PAY— 4-1 OAT[— �. ��►Mouh� ,,m 5 f0 TN[ 0110t11 0� � . CLI►t•ER CpM00WN1UM AMOC.. INC. V �1 lop a, -� j