128

PRo

BERCaw &RADELL

3053776222

P02/03

DEC

22

'

99 17:
RADELL
DEaORAH L MARTOHUE: MICHAEL. E.

IRST UNION

27 LAW OFFICES
BERCOW &RAOELL PROFES IONAL
ASSoCIATION
JEFFREY

E1tFlCOW BEN

F"
F'INANCIAL

CENTER. $UITE
J.F'~

860 200

NANOa TH~ OPHILUS

SOUTH

HAAI' lIS
I.

BISCAVNE

BOULI!VARD MIAMI.
FLORIDA33131

3: 74TELE: pIoiONE 305)

(

5300

FAX (

305)377- ea22
McDONALD 0,.
JANA K.
C:OUNSEL VIA TELECOPIER
S.
AND U.
MAlt..December 22.
1999

City

Esq.City
Gary Held,
Attorney' s Office

of

Beach, Florida
Miami Besch 1700 Convention
Center Drive Miami
of Restrictions Dear Gary:
33139 fte: 8ath Club -5837 Collins Avenue Declaration
This law firm represents 5937 Collins Avenue,
the contract purchaser
Inc..
of the Bath Club property Iccated at 5937 Collins Avenue, Miami
1999
Beach, Florida. This letter responds
to your December 8,
correspondence
reflecting
proposed changes to
In which you forwarded a revised covenant
Restrictions proffered at the November 17,1999 City
of Miami Beach Commission meeting. As to the proposed changes to paragraphs 1.
and 10.
4,
we have no objections to your proposed language. However,
which addresses the dedication of the public
the proposed revision to paragraph
3,

the Declaration

of

easement for beach access,is not acceptable. The proposed language is inconsistent with representations we
made to the City Commiseion at the November 17 hearing. The
size of the public access easement and location of easement oannot be determined

prior to site pica"approval by the Joint Design Review/ Historic PreseNstion

Board. AdditionaUy, we proposed to record the actual easement document after all appeal
periods have

expired.
and

prior to the issuance of a building permit. Furthermore,

that It does not
will need to provide, inter filia,
become effective until redevelopment and construction has been completed. The language that
the

easement agreement

you
have proposed does not provide adequate protection to
the property owner,Bath Club Inc"or 5937 Collins,
Inc.
Accordingly, we believe the following language should be reinserted into

128

PR.

BERCaw &RADELL

3053776222

P03/03 DEC
22

'

99
28 Gary Held, Esq. December 22. 1999 Page 2
17:
be recorded prior to the issuance

instrument will

of a building pennit for redevelopment of the Property.

will provide that it does not become effective until

construction

has been

completed, and may provide

for prohibit on of access during construction. Such easement shall be

limited In a manner that Is necessary and appropriate to
Insure the security and eafety of the future occupants at the
Property as well as the security of the eaaement

users, subject to reasonable review and approval by City staff. We believe

assuring that
that the above-cited language still protects the City' S interest in
Thi
s
the
through
provided
language
site.
public access to the beach is

a redevelopment plan for the

reviewing
al50
property
and approving the required easement instrument;
Bath Club
without
the
iasuanee
prohibit
this language would aleo
assures that the JOint Board will not approve

of a building permit

until

the easement Instrument is recorded. If

any questions

lease

do not hesitate to
contact me at
305- 377-6220.
JB/ cg Oc::
Donahue
Mr. R.

Peebles Me. Veronica

eamlnos Mr.Richard

Metlof

Ty

Harris.

Esq. Mr.Robert

you

have