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Home My WebLink AboutReso 2013-2174RESOLUTION NO. 2013 - '2,1-7 q— A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ( "CITY ") TERMINATING A DECLARATION OF USE FOR THE PROPERTY LOCATED AT 15701 COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 12. 2000 a "Declaration of Restrictions and Grant of Easement' ( "Declaration') was recorded in Official Records Book ( "ORB ") 19404 at Page 2951 of the Public Records of Miami -Dade County, Florida ( "Declaration') for the property located at 15701 Collins Avenue. Sunny Isles Beach, Florida, 33160 (the "Property'); and WHEREAS, the Declaration contained a related Declaration of Use that was recorded in the Public Records of Miami -Dade County, Florida at ORB 19404 at Pages 2959 through 2962: and WHEREAS, the Declaration of Use has since been rendered no longer necessary to preserve and protect the Property for the purpose it was intended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Termination of Declaration of Use. The City Commission of the City of Sunny Isles Beach. Florida hereby approves the Termination of the Declaration of Use recorded in the Public Records of Nhami -Dade County. Florida at ORB 19404 Pages 2959 through 2962, attached hereto as Exhibit "A ". Section 2. Authority of Ciri Manager and the City Attornev. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Severabilitv. If any section, subsection, sentence, clause; phrase, or portion of this Resolution is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed separable, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4. Repealer. All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed. Section 5. Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 19`h day of December 2013. C. ATT_ EST: 'Jane A. Hines:•City Clerk. MMC .. i APPROVED AS TO FORM Ayp/17VGAL SUFFICIENCY: City Attorney Vote: S -b Moved by Seconded by S. Edelcup, Mayor Cm►�,.Y.aa,�.r� -• L�J � a Mayor Edelcup ✓(Yes) (No) Vice Mayor Aelion V (Yes) (No) Commissioner Gatto ✓ (Yes) (No) Commissioner Levin � � Yes) (No) Commissioner Scholl t/ (Yes) (No) a: REC. 1940432959 Ezkiibit "C" r: FL404iui -2 050MM 0.. =_ tab 89R 1 53339 zeugaam o? � uc: 14091114732 is aatideia" of s bvilm pecan. an Issralaw «•• wsllaaa. aAMUZ(a) of the ptoperry harata d"Umatad, bar&" app -and tiled vtyasll, or cissaLtaee_ aad 4, or osr, Win,aasigaus, and successors u follaasl s0.1/3 Lot 77, and all of oa Laic 78 � 61oo6 at ft.—Ltin h T—a— o Coma. flarlda. a "mkoomma.0 15701 Collins Avenue , Miami sac DaY Cotmq. noeld.. '1b<LI agseeamc is haray ands and YCaDUd As a condition of W Lasoaoua, of a Penis fort bee Declaration of Use annexed hereto dated October 6, 1988 4rF i y1r v tt L b tbae understood sad a-sesd that Chia agreatanc shall. be daemd a ca.maat taliir with the laad,and shall rein is fa11 Eat ad affect end be binding got as -sendariped, thdr hairs, tad uslgsa ®41 such alesa Y m sus say be salami is UMting by the oitaasvr of the Dada County ylaming. Zoning and building oegasaat," ar,tbe munelve 8444 -- of the atraesaa of mars daparame M. is tie abt at snob ddssamr or woca i+a ofWscr, by bin arils ®t in abargs at the elflss.3s hda abaeoe. V forthm pact of this apoeasot, Lt La busby mdarstood and agted that anry oftl- eLal laeP of m ft" Faeat7 ?Ltrmiag. Zmdag and goildlag Dapar=mr of its agaaae dal? aelbosiade my bm the pavilep at a" Class of amts and Laaes_- age3ag the car at ties passions. to data' -zL-- .batbar et not CM n7od_�mn of cbe gaLldigg sad- Ze>dns lapajg 1, sad tba Caa"cioaa basin agreed to as b"MS tan• piped, waled, executed and adawledged on this �,;' day of 6 , :e y�h � 'orperata Lon �a �74nya.dsl�FGn e7 /i 'P.. ast7, n a amine was Slu Prmlamt f en?g Of y101in►) coum WE t.QCR Certify that an Chia day before Aa, a rotary Public duly autno:a:ed in the state and Cowry A+eed above to :aka ackawledgewnta, Jetsol .:17 ap- paand g1DlisDa OWE AQ& to w know to be :.M' axon .uses ae vicugu4j game and metary of p pr.- ' Mete Prepared !r: O! d4 19 sc, :00 Biscayne Ul:•d.. .60r My a9eaisife6 aiapires: ht. Maas:. Fl .)l:b. Me�MMO= 13051 b:- i -8Y): w bar,anw as. w.re arse tour es, u. EXHIBIT "A" T Page I of 4 REC . :. • . a F400�672113 OS/LSIZ000'Ol PBQe 2.6f 4 l . C 14O91R4Z33 BBCLBATICM g October 6; iM - The following is a Declaration Of bee, pursuant to Dade ,. County Ordinance 86 -66 and regulations adopted pursuant thereto, Pertaining to the Olynpi■ Besob Club, located at Ism Collins Avenue, Miami Beach, Dade County, Florida, being Moro particu- lorly described in Exhibit -A- setacbed hereto. 1. The Motel use shall continue to be maintained on _ the subdivided property complete with front .leek, executive otfin, restaurant and recreational areas, all of which are coon- ' coon to and necessary for motel operation. 2. A r0gistsr, signed by guests who occupy units within the Motel, showing the date of arrival and departure of guests in each rocs throughout the year, shell be maintained at all time and made available for Inspection by the Director of Building and Zoning Department, Metropolitan Dade County, at any time. 1. TM rental of all units In the motel will be handled by an entity who shall collect all applicable taxes including "lea a,:d resort taxes applicable to Motel roam ran - tals. On -site management will provide and supervise daily maid and linen service for all rooms that request it. Roca rates will 1 be reasonable to the mrket. 1. All unite in the aortal shall be offered for rent to the public at all reasonable times except when occupied by the Owner or lessee. 5. Not more than five (511 percent of the units in the motel shall be occupied'by the owner or any other person for more than six (6) months io-any one, year, aryl any units permitted to be occupied for move than six (6) Months in any one year shall be specifically Identif red. Occupancy for More than six 161 months ' shall act to allowed in any other unit. 6. Rental rates shall be posted as required by Florida statutes and reasonable for the Market. - n � 1Ft.00snttxasiisrmoo o.. REC:194Q4PC2961' Pay 3 of 4 ofmia beam clue .. :. .15101 C0111me hvaeue .. "Mlaefi sea", - m 37160 Daelaration of a" " October 6, 1960 " page Z 7. each buyer or less** .hall be required to execute statement at the time of contract acknorlsdging notice of the Declaration of Use and agreeing to .tosDly therewith. The " - Declaration &hall advise that the Code of Metropolitan Dade County, Florida, prwldes Penalties for utilisation of the pro- party for other than motel us*. " S. This Declaration @hall not be modified or revoked i without prior approval of Metropolitan Dade County after public hearing. Upon any violation of this Declaration, thn Director of, hu"ding and Zoning Department. Metropolitan Dade County, MAY " Itake enforesrdt action, including the revoutton of any aggro- ' vale or permits. in the presence oft 1 / Deere to and subscribed before be this 7th day of October, 1918. • " esce o or a R! lme Tod aap}ia08nm :M r •:aa n scenes v a• maw ero r sore me. r ROBERT W. rORTIER, INC. ;TE '•\ i a?• i 4c� o:, and Assistant Secretary :HIS INS- RUMCNT PREPARED Byi I-E y.ILICH, P.l.. 11900 Biscayne Blvd., •009 No. Miami. FL 1316: 1105) 893 -8931 yti ,< orf .194Q4PCZ96' of FL1D6123I -r: aS11?1500�01 ,. Pipe d of fir' �: 14091K4T35 • l3LF_ ITT a .. - .. LWAL DOMPl1Qi OP OL17[PM BUM CLUB A mm CUBUUMll11UM ' The worth one -half IN 1 /1) of Lot .77; and all of Lot 78, of TATM'B OCBAM RUN PARE, according to the Plat thereof, as - record" in Plat Book S, at Page 15, of the Public Records of - Oade County, Florida. - . - - stn Oa',td falair� . c. �rS i .h June 12.2000 ldi� IC. Strips'of land 25.00 feet wide, for Beads Aooesa Ea■entento, lying on the North and South side respectively and lying within the boundaries of the following described property and being more particularly described of follows: - The.North 25.00' feet of, and the lot 78 and North rh, of Lot 77, TATUM'S.00EAN BEACH PARK, according to the plat thereof, as reoorded In Plat Book S, at Page 35, of the Public Records of Dade County, Florida. AND: The South 25.00' feet of, and the Lot 78 and North 'h, of Lot 77, TATUM'S OCEAN BEACH PARK, according to the plat thereof, as recorded In Plat Book 5, at Page 35, of the Public_. Records of Dade County, Florida. 000 &W,I MAvow- OtltNo. 214- Yhni,Aoem- VCLW (005) 5516000 -Fa OW) a AMA ■ alawo ov. R xovam.00r SWCO" a�rtr a . aeeac.sanm HARVEY RUVIN CLEW "COirCOWT •1m c yf a Dr' FLOa\OO ytr OF suo City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949-3 1 13 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM TO: Honorable Mayor and City Commission FROM: Hans Ottinot, City AttorneA�� DATE: December 19, 2013 Ciry Commission Norman S. Edelcup, Mayor Isaac Aelion. Vice Mayor Jeanette Gatto, Commissioner Jennifer Levin, Commissioner George -Bud- Scholl, Commissioner Christopher J. Russo, City Manager Hans Ottinot, Ciry A« orney Jane A. Hines. JI \IC. Ciry Clerk RE: Resolution terminating a Declaration of Use for the property located at 15701 Collins Avenue RECOMMENDATION This Resolution is presented for your consideration. REASONS On December 12, 2000 a "Declaration of Restrictions and Griutt of Easement" ( "Declaration') was recorded in Official Records Book ( "ORB ") 19404 at Pa-2e 2951 of the Public Records of Miami -Dade County, Florida ("Declaration ") for the property located at 15701 Collins Avenue, Sunny Isles Beach, Florida, 33160 (the "Property "). The Declaration contained a related Declaration of Use that was recorded in the Public Records of Miami -Dade County, Florida at ORB 19404 at Pages 2959 through 2962. The Declaration of Use has since been rendered unnecessary to preserve and protect the Property for the purpose it was intended. Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall t (305) 949 -3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 12/19/2013 RE: Approving the Terminating of Declaration of Use for Property Located at 15701 Collins Avenue RECOMMENDATION: This Resolution is presented for your consideration. REASONS: On December 12. 2000 a "Declaration of Restrictions and Grant of Easement" ( "Declaration ") was recorded in Official Records Book ( "ORB ") 19404 at Paee 2951 of the Public Records of Miami -Dade County, Florida ( "Declaration ") for the property located at 15701 Collins Avenue, Sunny Isles Beach, Florida, 33160 (the "Property "). The Declaration contained a related Declaration of Use that was recorded in the Public Records of Miami -Dade County. Florida at ORB 19404 at Pages 2959 through 2962. The Declaration of Use has since been rendered unnecessary to preserve and protect the Property for the purpose it was intended. ATTACHMENTS: Terminating Declaration of Use of 15701 Collins Ave. http:// sibagenda. sibfl. netlAgendalPreview.aspx ?ltemlD= 1213 &MeetinglD= O &MeetingD... 12/13/2013