HomeMy WebLinkAboutReso 2021-3198RESOLUTION NO. 2021 - `3 I �
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING THE TERMINATION OF THE
ENTIRE CONDOMINIUM REGIME OF THE GATEWAY PARK
COMMERCIAL CONDOMINIUM, INCLUDING THE TERMINATION
AND VACATION OF THE DECLARATION OF CONDOMINIUM OF
GATEWAY PARK CONDOMINIUM, THE ARTICLES OF
INCORPORATION, AND THE BY-LAWS; AUTHORIZING THE MAYOR
TO EXECUTE THE CERTIFICATION AND DECLARATION OF
TERMINATION OF CONDOMINIUM, ATTACHED HERETO AS
EXHIBIT "A" (THE "TERMINATION"); AUTHORIZING THE CITY
MANAGER, AS THE PRESIDENT OF THE ASSOCIATION, AND THE
CITY CLERK, AS THE SECRETARY OF THE ASSOCIATION, TO
EXECUTE THE TERMINATION; PROVIDING THE CITY MANAGER
AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL
THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") owns the parking garage located
at Gateway Park (the "Property"); and
WHEREAS, in 2016, the City intended to lease certain areas of the Property to private
retail restaurant operations, and in furtherance thereof, adopted Resolution 2016-2552, creating a
commercial condominium within the Property to ensure that property taxes are imposed on the
areas dedicated to private commercial uses; and
WHEREAS, on July 8, 2016, the following condominium documents were recorded
creating a condominium regime on the Property, named Gateway Park Commercial Condominium
(the "Condominium"), recorded in the Official Records of Miami -Dade County at Book 30144,
Pages 3176-3239:
a. Declaration of Condominium of Gateway Park Condominium (the "Declaration")
b. Articles of Incorporation
c. By -Laws; and
WHEREAS, following the creation of the Condominium, the City never entered into any
leases for any portions of the Property, nor does it wish to in the future, therefore, the continued
operation of the Condominium serves no purpose; and
WHEREAS, the City, as the sole Member of the Gateway Park Commercial
Condominium Association, Inc., (the "Association), desires to terminate the Declaration and
terminate and vacate the Condominium; and
WHEREAS, pursuant to Section 17 of the Declaration, to effectuate the termination, a
Certification of Termination, executed by the President and Secretary of the Board of Directors of
the Association, certifying the basis of the termination, shall be recorded in the Public Records for
Miami Dade County.
aBCUda 540BF92S.docx Pagel U2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and
confirmed as being true and the same are hereby made part of this Resolution.
.Section 2. Approval of Termination of the Condominium., The City Commission hereby
approves the termination of the entire Condominium regime for Gateway Park Commercial
Condominium, including the termination of the Declaration, the Articles of Incorporation, and the
By -Laws, effectuated by the Certification and Declaration of Termination of Condominium, in
Substantially the same form as the attached Exhibit "A".
Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said
Certification and Declaration of Termination of Condominium.
Section 4. Authorization of City Manager and City Clerk. Pursuant to Section 17 of the
Declaration, the City Manager as the President, and the City Clerk as the Secretary of the
Association, are hereby authorized to execute the Certification and Declaration of Termination of
Condominium, and the City Clerk shall record in the Public Records of Miami -Dade County.
Section 5. Authorization of City Manager and City Attorney. The City Manager and the City
Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 6. Effective Date. This Resolution shall become effective upon passage.
PASSED AND ADOPTED upon thuy20� day of May 2021.
yor George H. Scholl
AT T:
APPROVED AS TO FORM
AND LECJA�k SUFFICIENCY:
rINS
Malt ri(�, lo etancur, CMC, City Clerk
,,�;.dward A. Dion, City Attorney
Moved by: , 6e 10"v ,,tviw Seconded by:
Vote:
Mayor Scholl (Yes) (No)
Vice Mayor Svechin, (Yes) (No)
Commissioner Goldman (Yes) (No)
Commissioner Lama I(Yes) (No)
Commissioner Viscarra 1�(Yes) (No)
13(1(a 5 40B F92 8 . doc x Page 2 42
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
TO: Honorable Mayor and City Commissioners
FROM: Christopher J. Russo, City Manager
DATE: May 20, 2021
RE: Termination of the Gateway Park Condominium Association
RECOMMENDATION:
Staff is recommending approval of this Resolution.
REASONS:
In 2016, the City intended to lease certain areas of the Property to private retail restaurant
operations, and to that end, adopted Resolution No. 2016-2552, creating a commercial
condominium within the Property to ensure that property taxes are imposed on the areas
dedicated to private commercial uses. However, following the creation of the Condominium,
the City never entered into any leases for any portions of the Property, and therefore the
continued operation of the Condominium is no longer needed.
ADDITIONAL INFORMATION:
In order to effectuate the termination, Section 17 of the Declaration states that a Certification
of Declaration and Termination, executed by the City Manager as President, and the City
Clerk as Secretary of the Board of Directors of the Association, certifying the basis of the
termination, shall be recorded in the Public Records for Miami Dade County.
ATTACHMENTS:
Resolution
Item Number: 10.1
CFN 2rah 21RO4.96947
OR Bk 32LI4. Pqs 4998--5001 4
RECORDED 07/1.3/2021 11-17'40
CERTIFICATION AND DECLARATION OrRvF:Y RUVINY CLERK OF' COURT
.11 ANI DADE COUNTY? FLORIDA
TERMINATION OF CONDOMINIUM REGIME
(Gateway Park Condominium, a Commercial Condominium)
THIS CERTIFICATION AND DECLARATION
OF TERMINATION OF
CONDOMINIUM (this "Termination") is dated as of May Z 12021, and made by Gateway Park
Commercial Condominium Association, Inc., a Florida non-profit corporation (the "Association")
and the City of Sunny Isles Beach, as the sole owner and sole member of the Association (the
-City").
RECITALS
A. The City owns the property described below:
Lots 6A, 6, 7, 8 and the West 20 feet of Lot 5, less the Right of Way, of
SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION, according
to the plat thereof, as recorded in Plat Book 50, Page 76, of the Public Records
of Miami -Dade County, Florida.
Containing 84,000 Square Feet or 1.93 Acres (Net Area), more or less by
calculations (the -Property"); and
B. On May 19, 2016, the City Commission, as the governing body for the City, adopted
Resolution 2016-2552, approving Articles of Incorporation, Declaration of Condominium,
and By -Laws, thus creating the Gateway Park Commercial Condominium; and
C. According to Resolution 2016-2552, the stated intent for creating the Condominium and
Association was to lease certain areas of the Property to private retail restaurant operations,
and to ensure that property taxes are imposed on the areas dedicated to private commercial
uses; and
D. On July 8, 2016, the following condominium documents were recorded creating a
condominium regime on the Property (the "Condominium"), recorded in the Official
Records of Miami -Dade County at Book 30144, Pages 3176-3239:
a. Declaration of Condominium of Gateway Park Condominium (the "Declaration")
b. Articles of Incorporation
c. By -Laws; and
E. Following the creation of the Condominium, the City never entered into any leases for any
portions of the Property, nor does it wish to in the future, therefore, the continued operation
of the Condominium serves no purpose; and
F. The City, as the sole Member of the Condominium Association, as defined by the
Declaration, desires to terminate the Declaration and terminate and vacate the
Condominium; and
G. On May 20, 2021, the City Commission adopted Resolution 2021-'J16, approving the
termination of the Condominium; and
H. Pursuant to Section 17 of the Declaration, a Certification of Termination, executed by the
President and Secretary of the Board of Directors of the Association, certifying the basis
of the termination, shall be recorded in the Public Records for Miami Dade County-, and
TERMINATION
NOW, THEREFORE, the Association and the Member declare as follows:
1. The Declaration, the Articles of Incorporation, the By -Laws, and the entire Condominium
regime imposed on the Property, are hereby terminated and vacated in their entirety
effective as of May 2021.
2. The City, being the sole owner and sole Member, has agreed to this Termination.
3. There are no mortgages encumbering the Property, and therefore Mortgagee consent is not
required.
4. This Termination shall be recorded within ten (10) days of its execution.
5. This Termination shall serve as the Certification of Termination pursuant to Section 17 of
the Declaration.
IN WITNESS WHEREOF, the undersigned President and Secretary of the Board of
Directors of the Association, as well as the Mayor on behalf of the sole Member, have executed
this Termination as of the date set forth above.
[Remainder of Page Intentionally I -eft Blank]
ASSOCIATION
Gateway Park Commercial
Condominium Association, Inc.
a Florida non-profit corporation
By.
Name: Chris ?op"heJ. Russo
Title: President
STATE OF FLORIDA
COUNTY OF MIAMI DADE
Before me appeared V in person or
who is
has produced
By:
Name:
Title:
Secretary
via electronic notarization,
personally known to me, or
as identification.
AV
otary Public
STATE OF FLORIDA
COUNTY OF MIAMI DADE
Before me appeared in
has produced
q%rline PlerreSaint
TARY PUBLIC
P—STATE OF FLORIDA
Comm* GG964880
lExpires 3/7/2024
person or via electronic notarization,
who is ✓ personally known to me, or
as identification.
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NOTARY PUBLIC
STATE OF FLORIDA
Comm# GG964880
Expires 3/7/2024
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STATE OF FLORIDA
COUNTY OF MIAMI DADE
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has produced
via electronic notarization,
personally known to me, or
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Notary Public
(Stamp)
Marline PlerreSaint
NOTARY PUBLIC
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COMW GG96488o
Expires 317/2024