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HomeMy WebLinkAboutPolicy for Architectural Control & Deed Restrictions16 General Development Corporation EXECUTIVE OFFICES - IIII SOUTH BATSHORE DRIVE - MIAMI, FLORIDA 33131 - TELEPHONE (305) 350-1231 WAYNE L. ALLEN ASSISTANT VICC-PRESi0ENT CORPORATE COUNSEL Honorable F. Eugene Cragg Mayor City of Sebastian 644 S.W. Dempsey Avenue Sebastian, Florida 32958 12M Dear Mayor Cragg, Deed Restrictions May 27, 1975 General Development Corporation has formalized our policy for handling architectural controls and other deed restriction matters which preserve and enhance the residential atmosphere in our communities by requiring conformity in design and loca- tion of structures so that they are in harmony with others in the community. We respectfully request your assistance and cooperation in these matters for any properties within your jurisdiction which were platted by General Development Corporation. (1) our first request is that no building permit be issued in these areas until the applicant presents a set of plans stamped approved by our Environmental Control Committee. (2) Upon.issuance of a building permit, we .request that the following notations be included in the building permit or stamped on the plans which are approved. a. "There is a legal obligation by: The owner and/or builder on this property to comply with the deed restrictions filed of record." b. "Deed restrictions for plats recorded by General Development Corporation require submission of all plans and specifications of structures to: Environ- mental Control Committee, c/o Environmental Planning, 1111 South Bayshore Drive, Miami, Florida 33131." Honorable F. Eugene Cragg Page Two May 27, 1975 (3) Our third request is that a copy of each building permit issued within properties provided by General Development Corporation be mailed to: Land Inventory Control, General Development Corporation, 1111 South Bayshore Drive, Miami, Florida 33131. Your assistance and cooperation in this matter will be greatly appreciated. If there is any further explanation or questions you have we will be happy to discuss this request with you. Enclosed is a copy of our Corporate Policy which establishes our internal pro- cedure for our Environmental Control Committee. They will review any plans submitted and make a determination within thirty (30) days of submission. WLA:bc enc. cc: David Doheny Harold Schmidt C.C. Crump Louis E. Fischer Robert Ross cc: Mayor or Chairman Sincerely, WAYNE L. ALLEN of Commissions -for all Communities cc: Community Managers: Duke Ferguson 'Lee Armitage William Bevan Robert Seeley Roger Hawkins APPROVED: MAY 12, 1975 CORPORATE POLICY Subject: Procedures for Architectural Controls and Deed Restrictions POLICY - It is the policy of the Corporation to establish and enforce deed restrictions and architectural controls in its communities; to require architectural controls on all sales of commercial and multi -family properties and to assist resi- dents in our communities in their enforcement of deed restrictions and architectural controls; all for the purpose of preserving and enhancing the residential atmosphere in our communities by requiring conformity in design and location of structures so that they are in harmony with others in the community. RESPONSIBILITY - Legal, Commercial Properties, Communities Division, Engineering, Environmental Planning. ARCHITECTURAL CONTROLS and DEED RESTRICTIONS - defined% Architectural controls apply to structures regulated by deed restrictions which include, but are not limited to buildings, fences, walls and any exterior change or alteration to such structures. The term deed restriction includes set -back require- ments, square -footage requirements and other matters regulated by deed restrictions.. I. COMMERCIAL and MULTI -FAMILY PROPERTIES 1. Prior to the consummation of any sale of com- mercial sites or multi -family sites, or long term leases wherein a structure will be constructed upon the property by the lessee, the Legal Department shall have recorded a set of deed restrictions, which in addition to the other protections normally afforded therein, shall require that the plans and specifications for any structure shall be submitted to and reviewed with comments, or approved, by the Company's Environmental Design Committee within 30 days after submission. Requests for such approval shall be addressed to: Environmental Design Committee, c/o Environmental•Planning, 1111 South Bayshore Drive, Miami, Florida 33131. 2. All sales contracts for commercial or multi- family property or long terms leases wherein the lessee will construct a structure thereon, shall contain a clausa stating that the plans and specifi- cations for all structures must be submitted to the Environmental Design Committee, c/o Environmental Planning, 1111 South Bayshore Drive, Miami, Florida 33131, and such items shall be reviewed with comments or approved, within thirty (30) days after submission. II. RESIDENTIAL PROPERTIES - All plats recorded by General Development Corpora- tion, shall simultaneously therewith have recorded deed restrictions requiring that, in addition to the other protections normally afforded therein, all plans and specifications for structures must be submitted to the Company's Environmental Control Committee or a committee formed by a property owner's association, for approval or review and comments, within thirty (30) days after submission. Plans and specifications shall be submitted to the Environmental Control Committee, c/o Environmental Planning, 1111 South Bayshore Drive, Miami, Florida 33131, until such time as an active property owner's association within the community has formed its own Environmental Control Committee. III. FORMATION OF ENVIRONMENTAL CONTROL COMMITTEE The Legal Department shall prepare for adoption by the directors of each property owner's association, a resolution appointing an Environmental Control Committee, as provided in the Bylaws of said property owner's associa- tions. Where a property owner's association has not been formed, the Legal Department shall prepare a letter to be signed by the President of General Development Corporation appointing an Environmental Control Committee. IV. COMPOSITION - The Environmental Control Committee shall be com- prised of the Assistant Vice -President of Environmental Planning, one of his assistants and the Community Manager. V. ACTION BY ENVIRONMENTAL CONTROL COMMITTEE - The Environmental Control Committee shall review all plans submitted for conformance with this policy and -2- -r k 3.r r VI. the architectural controls and deed restrictions affecting the property in question. Approval of anv plans or s only be signed the State of F a register a. cifications shall censed architect in Action shall be taken upon an within thirty (30) days shall be reported to the property is located, as for approval. ENFORCEMENT - and a copy Community well as to y plan submitted of the action taken Manager where the the persons filing 1. The Community Managers shall be responsible for enforcement of the deed restrictions within their respective communities and addditionally shall inspect construction where plans have been approved in accordance with architectural controls. Engineering personnel shall be responsible for assisting in this area by providing to the community Managers information regarding possible violations. 2. Violations or potential violations of deed restrictions shall be brought to the attention of the Community Manager. He shall inform the local Residents Association so that they may take action. 3. When the Community Manager determines that (a) the local Residents Association will not take action or it is ineffective, and (b) the violation in his opinion is of a serious nature, he shall take the following steps. He shall immediately issue form letter "A" to the appropri- ate persons concerned. A copy of this letter shall be sent to Environmental Planning, which shall maintain a file of same. If an appropriate response is not received within ten (10) days, form letter "II" shall be sent to the offend- ing individual or corporation and a copy shall be forwarded to Environmental Planning and the Legal Department. Form letter "C" shall then be forwarded by the Legal Department, within ten (10) days, if an appropriate response has not been received from the prior letters. Legal action shall be taken to enforce deed restrictions within the communities, upon the approval of the Senior Vice -President - Legal De- partment. "3-- VII. ACTION BY RESIDENTS - Residents of the communities shall be encouraged to enforce their legal rights when violations of deed restrictions occur, and the Company will provide legal consultation and/or financial assistance at the dis- cretion of the Senior Vice -President - Legal Depart- ment. VIII. COUNTY OR CITY ENFORCEMENT - The Legal Department shall request the applicable county or city to forward to us a copy of all build- ing permits issued where we filed the applicable plat and to stamp the following legend on the building per- mit or on each set of plans submitted for a building permit: 1. "THERE IS A LEGAL OBLIGATION BY: THE OWNER AND/OR BUILDER ON THIS PROPERTY TO COMPLY WITH THE DEED RESTRICTIONS FILED OF RECORD." 2. "DEED RESTRICTIONS FOR PLATS RECORDED BY GENERAI. DEVELOPMENT CORPORATION REQUIRE SUBMISSION OF' ALL PLANS AND SPECIFICATIONS OF STRUCTURES TO: ENVIRONMENTAL CONTROL COMMITTEE, C/O ENVIRONMENTAL PLANNING, 1111 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA 33131." The Legal Department shall request the applicable county or city to withhold issuance of building permits until evidence of approval by the Environmental Control Committee is provided. -4- Dear Sir:- The ir:The deed restrictions affecting your property require that the plans for any structures be rlitted to the Environs;ental control CommiL-tec. pleasesub- mita copy of your plans to tho Environmental Control Comanittee, c/o EnvirO."lontal Planning, General nevclop- Flor Corporation,1111 South Dayshore Drive, Miami • Florida 3 1 , 3 31. Your cooperation is appreciated in maintaining + the high standards which protect all the residents of your community. Sincerely, Community Manager cc: Envirorunental Control Committee FOIW LETTER "I3". , Dear Sir: Previously I suit you a letter concerning the _ necassi.ty of complying with the deed restrictions affcctiny your property. III have not yet received Your Plans and specifications. Please send thein ii,Imediately to: Environmental Control Committee, C/a Emr .ronmental Planning, Ceneral Development Corporation, 1111 South Bay-shore Drive, Miami, Florida 33131. A copy of this letter'is being sent to our Legal Department for their ncL-ion in the event you fail to coriply %,Tith this requirement of the deed restrictions affecting your property. Your cooperation will be appreciated. • Sincerely, Community Manager cc: Environmental Control Committee Legal Department i 1 VORM LL'Th;R "C" Certified Mail with Return Receipt Dear Sirs Our. Community Nanager, has brought to our attention that he has sent t: -,o letters to you request- ng compliance With the deed resLricti.ons affecting your pro—arty. Thus far, ue have iioL: receivcd ,your plans and specifications for reviwa. This letter is to inform you that complizinco with the require mentsor your deed restrictions is ab:;olute- ly nece::sary. Ile request. that you submit your plans and specifications Within 10 dzi r-, or we will be forced to take appropriate furt�ier action. The deed restrictions requiring you to submit plans and Specification!; are dotd-cored to protect the reside:•itial character of your neighborhood, and to preserve the unique qualities and beauty of your community. The deed restrictions were placed on your prop6rty to protect all the residents. of your coimmunity and your cooperation in helping us to achieve this purpose is appreciated. We trust that legal action will not be required and yod will submit your plans and specifications to the Envirohn;ental Control Calnrnitt%o, c/o r:nviroiu;ent;al Pizinning, General Development Corporation, 1111 South IIayshore Drive, Miami, Florida 33131. sincerely, IJ -Attorney