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HomeMy WebLinkAboutReso 2014-2299RESOLUTION NO. 2014 -�?�q q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, TERMINATING A RESTRICTIVE COVENANT FOR THE GOLDEN STRAND OCEAN VILLA AND RESORT RELATING TO OFF - STREET PARKING SUBJECT TO CERTAIN CONDITIONS, ATTACHED HERETO AS EXHIBIT "A "; 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 property located at 17901 Collins Avenue commonly known as the Golden Strand Ocean Villa & Resort (" Golden Strand "), has been operating as a time -share condominium pursuant to a Restrictive Covenant; and WHEREAS, Golden Strand and its contract purchaser, GSF Acquisition, LLC are requesting a release of the off - street parking Restrictive Covenant for a parking lot located on the west side of Collins Avenue; and WHEREAS, the release of the off - street parking Restrictive Covenant will not negatively impact parking for the proposed project to be constructed at the Golden Strand site; and WHEREAS, the City Commission wishes to approve the termination of the Restrictive Covenant running with the land subject to certain conditions. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Termination and Release of Restrictive Covenant. The off - street parking Restrictive Covenant attached hereto as Exhibit "A" is hereby terminated subject to the sale of the Golden Strand property to GSF Acquisition, LLC. If the sale does not occur, this Resolution shall be null and void. Section 2. 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 3. Effective Date. This Resolution shall become effective upon adoption. Terminating Restrictive Covenant Running with the Land I of 2 PASSED AND ADOPTED this (g day of 2014. I e4�� u / N rman S. Edelcup, Mayor ATTEST: '��z A �� Jane A. Hines, City Clerk, MMC APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney Moved by: 1 1 hLl'brb Seconded by: 0Zyww4.&&ZyQA_) 'Cgj) L , Vote: 5-p Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl Terminating Restrictive Covenant Running with the Land 2 of 2 1O(Yes) (No) (Yes) (No) (Yes) (No) Yes) (No) Yes) (No) r OCEAN VILLA RESORT, INC. Hans Ottinot City Attorney 18070 Collins Avenue. 4th Floor Sunny Isles Beach, FL 33160 Hottinot@sibfl.net September 4. 2014 Re: Release of Restrictive Covenants recorded against Golden Strand Ocean Villa Resort, located at 17901 Collins Avenue, Sunny Isles Beach, Florida 33160 Dear Mr. Ottinot: As you are aware, GSA' Acquisition. LLC, a Delaware limited liability company (the "Applicant'). the buyer under contract for the purchase of property located at the above - referenced address (the "Property") filed a Public Hearing Application requesting the approval of a new site plan for the Property. Golden Strand Ocean Villa Resort Association, Inc., a Florida not for profit corporation (the "Association"). joined the application on behalf of itself, as Termination Trustee and as representative and attorney in fact for all owners of condominium units and unit weeks located within the Golden Strand Ocean Villa Resort, a Condominiwm (the "Condominium "). � During the development review process, we understand that the City requested that a separate letter be submitted seeking the release of certain covenants recorded against the Property that pertained to its current use as a timeshare condominium. Per the City's request, the Association requests the release of the following covenants and agreement under the following express conditions: That certain "Restrictive Covenant Running with the Land" recorded at ORB 12089 at Page 2407 of the public records of Miami -Dade County, Florida (the `'Off Street Parking Covenant "). This covenant appears to have been originally given to Miami -Dade County because certain parking serving the oceanfront parcel was to be located across Collins Avenue to the west. The covenant would no longer be needed because all required parking for the new development proposed by the Applicant will be located on site. Therefore we request that the City release the Off Street Parking Covenant, with such release becoming effective only as of the date that permitted demolition or redevelopment begins on the Property. 17901 Collins Avenue • Sunnny Isles Ikech, Florida 33160-2792 • (305) 931.7040 • Fax! (3d 5) 035 1183 GOLDEN STRAND OCEAN VILLA. RESORT, INC. Mr, Hans Ottinot, City Attorney September 4. 2014 Page 2 2. That certain `'Covenant." recorded at ORB 12089, Page 2413 of the public records of Miami -Dade County, Florida (the "Timeshare Covenant "). This covenant provided that the Property was intended for use as a timeshare condominium and thus required the Property to be used as such as a covenant running with the land. Upon the effective date of termination under that certain Plan of Termination recorded in OR Book 29141 at Page 3004 in the Public Records of Miarni -Dade County. Florida (the '*Plan of Termination ") affecting the Property, the Timeshare Covenant would no longer be needed because the timeshare condominium would be terminated. Therefore we request that the City (i) approve the release of the Timeshare Covenant, with such release becoming effective only as of the date that a certificate of termination of the Condominium is recorded in the Public Records of Miami -Dade County, Florida pursuant to the Plan of Termination, and (ii) the City executing a recordable written instrument acknowledging the release upon request thereafter. We respectfully ask that the City Commission grant these requests subject to the conditions set forth above. If you have any questions or concerns, please do not hesitate to contact me. Very truly yours; oseph .Feldman resident cc: Leonard Lubart. Esq. (Greenspoon Marder) 17901 Collins Avenue • Sunnily isles Beach. Florida 33160 -2792 • (305) 931.7000 • Fix: (305) 935 ,1183 MW 19 PN 2. 07 e4RO8092t OFF Ric 12089 et240T :�.. �:� ri a •." � �,. 4�• Liu, (Pursuant to Section 33-128 of the e of. wtropolitin'Dode County, F•lo da) SAS; the undersigned is (are) owners) or has (hue) a'right., title'or in4ereit in the following described real property lying, being, and situate in Dade County,'Florida, to -sit: Tract "Q" amended plat of North Biscayne Beach, Dade County, Florida; according to Plat Book 44, page 42 of the Public Records of Dade County, Florida which property is located at: 17901 Collins Avenue, Miami Beach, Florida 33160 and, WHERUS, the undersigned is (are) familiar with Section 33-128 of the Code of Metropolitan Dade County, Florida, which provides- "Off-street parking areas shall be located on the seam lbt, parcel or premises an the use to be served; provided, if the use to be served is an apartment building, the parking area therefor may be located on a lot or parcel of land that is in the same apartment district which permits the use, or more liberal apartment or businees district and within three hundred feet (3001) from the site of such apartment structure to be served, said distance to be measured b'y the normal and legal way a pedestrian would travel; provided such apartment use shall immediately terminate in the event each parking area therefor is not available and all parties baying any right, title or interest in and to each apartment shall execute and place on public records of this county a covenant approved by the director that such apartment use shall cease and terminate upon the elimination of such parking area, and that no apartment or other use shall be made of each property' until`the"rw quired parking area is available and provided." AND bl1MEAS, tits undersigned desires(s) to comply with the provisions of Section 33 -128 of the said Code. Ndd, 9l18TkP,F00E, the undersigned each agree to comply with the terms and provisions of said section of said Code and related sections of sold Code "andra'aroe to da overything noceesory in orders to continue to so comply and- to further, ev, idence ,their intent to so, comply,, do further covenant ! z. EXHIBIT "A" ,: ,, �• ; R0 12089 ?c2408' and agree that'no spertmant or. other use shall be arde or continued on the above described real property unless there is at all tines,.within three hdndred ,(3001) feet of the site ef,said property snfficient off- gtseit parking located in a. business or apartment zoned district that complies with %, the regairewnts as,provlded,in the Dade County zoning, regulatisns,.Code mad ordinances; such off - street parkins to some and be for the use of the above • discribed property. That the off - street parking to some the above described property is located on the following described property: Tract A, The Peoples Property, Plat Book 106, page 37, of the Public Records of Dade County, Florida and the sass shall not be changed to another off - street parking site without the approval of the Director of the Building and Zoning Department in order that he my determine if the new location complies with appropri- ate zoning requirements and regulations. That nothing herein contained shall in any way vary the undersigned's ;.9 agreement to comply with the provisions of Section 33-128 of said Code r or any other sections or provisions to which it relates by implication or otherwise directly or indirectly and that this instrument shall be deemed a covenant running with the land eforedescribed and is considered as conditions and limitations and restrictions on the use of such land until released by the Director of the Building and Zoning Department of Dade County, Florida, or his successor or the first assistant in the absence of such director-or his successor. IT IS IEBM understood and @greed that this instrument and covenant running with the land is binding upon the undersigned, his, her, its or their successors, assigns and heirs forever and is given for good and valuable considerations and in order to comply with such zoning. regulations which are hereby acknowledged to be valid regulations for the benefit of the public.. It is understood that this instrument shall, be recorded in the pablit records of Dode'County,,Fierido. ,- &or corporation) 12089 P2409 IN NITl s wMMEW, GOLDEN STRAND INTERNATIONAL, INC. bas caued these presents to be signed in its nun by its proper officials, sad Its corporate seal to,be afti>sd.' (gE r� s .ATiotaaL, INC. y Vy R. Bransom Bean � ,�, •hl!s111fN�,� .�, . swTa cr_-" aims) ) ss: COUNTr Of DADE ) I f I hereby certify that on this dry, before ma, a Notary Public duly author- ized in the state and county named above to talcs aelanaFldumts, penonsll un y and B. P. Daley appeared . Bransom Bean to ma k2osn to be the persona described as Eresident & Exec. Vice President xaM0 " of Golden Stramd International, Inc. vho C mcutd the foregoing instrument, and aclmoyldted before as that corpora- tion, atiisiag the corporate seal of that corporation thereto; that as sash eorporata officers sacb persons are duly authorized by tbat corporation to do so; mad that the foregoing instrument is the act of that corporation. 01- tm"$' asy band and official @Cal in the county and tuts coed above this *� . ,28th ; Qf' October , 19 83, o•�*t (� 3jy , ury Public 'sf r Vy Commiasion pspires: � NOTARY PUILIC STAT[ OF FLO>tIDA AT LAROI k ;.��• r ' �'1�T �..�r...••• �V,` 19r�GD INW frEPrEN�L l++i, llT1DFRVlRITLU . C` "AT P 'An ibaged By: DEBBIE R. MALINSKY � GREENB£RG, TRAURIG, ASKEW, non. P- B1Uffl= HOFFMAN, LIPOFF & QUENTEL, P.A. kamwj�a� 1401 Brickell Avenue PH--1 Miami, Florida 33131 OFF 12089 .,,Pa in -1- 4; i JOINDER BY MORTGAGEE The undersigned Bank fur Gemeinrairtschaft, (hereinefttr "BfG ".) A.G. a Banking corpgrat7on,,Mortgagee under that certain agreement dated October 1, 1981,, recorded October•6, 1981 in Offil, c 1 cial Records Book 11233, at Page 988 of the Public Recbrds �of Dade County, Florida which Agreement consolidates: > �n (a) that certain mortgage dated October 2, 1980, re- rr corded February 6, 1981 in Official Records Book 11008 at Page 2433, between Golden Strand Interns- tional, as Mortgagor, and Sun -Up Ventures Limited, a New Jersey Limited Partnership, as Mortgagee, which Mortgage was assigned to BfG by assignment dated August 20, 1981, recorded October 6, 1981 in Official Records Book 11233 at Page 984, and in the original amount of $9,000,000.00; and, (b) that certain Mortgage dated January 26, 1981, re- corded February 6, 1981 in Official Records Book 11008 at Page 2441, between Golden Strand Interna- tional, as Mortgagor, and Sun -Up Ventures Limited, ' a New Jersey Limited Partnership, as Mortgagee, wbich mortgage was assigned to BfG by assignment 6 dated August 20, 1981, recorded October 6, 1981 in !/ Official Records Book 11233 at Page 986, and in the original amount of $1,000,000.00; and (c) That certain Mortgage dated August 20, 1981, re- -1- 4; i oft '12089 P�24 f l corded October 6, 1981 in Official Records Book 11233.at Page 968, between Golden Strand lnerna -, tional, Inc., as Mortg64or, and•BfG, as Mortgagee, in' the original_ amount of 5500,OOp„00 r , T. covering .all /or a portion' of the preperty'described i' the Restrictive. 's Covenant Running with Land hereinafter more particularly described, does hereby acknowledge that the terms of the 'Restrictive Covenant Running with Land', pursuant to Section 33-128 of the Code of -; Metropolitan Dade County, Florida, executed by Golden Strand Inter- '' national, Inc, on September 23, 1983, are and shall be binding -ff upon the undersigned and its successors. .i IN WITNESS WHEREOF, these presents have been executed #� this day of November, 1983. BANK FU INWI CRAFT, AG j By: Dona E. u kin Senior Vice President and Manager By: 9 Horst Pe ��se�n_ Assistant Vice President -2- 12089 4412 PTATE,OF'NEW YORK ) / COUNTY -OF ,NEW YORK ss.. On the day,of November, 1983 before ■e'peFsonally: came Donald E. Culkin to me, known 'and known to so, rho, being duly sworn by me, did depose and say. that be, resides at #'Ko 'RBIs:. ?9 SVI. ,vow y, ;� :y , tbat',be,.is the Senior' Vice Pies= • r ident and Manager, of Bank fur 4mein0irtacbaft• AG, Now York, flew. York, tbe•corporation described In and which .Rxecuted,the'forego- ,a ing Anstrutien•t= that be had authority_ to sign the same in the name of the corporation and that he executed the same in the name of the corporation pursuant to the order of the Hoard of Directors thereof, Notary PublIc MKOWN Navy pubtw- so" of V�* gw 4d M wal&~ n Co wsoon E,3Ua ►.MrM i01V j ii i j1 i - Prepared by: Eric M. Dreyfus, Esq. Dreyfus i Hack l� 733 Third Avenue New York, New York 10017 mom Ffr� r -3- WCHARDABRnft . -.. LtfRx CIRCUR Fs,'N "Y tS<FJ City of Sunny Isles Beach ,° F 18070 Collins Avenue Sunny Isles Beach, Florida 33160 * (305) 947 -0606 City Hall * w - (305) 949-3113 Fax y �➢9, " Y \oP (305) 947 -2150 Building Department * F ° a o 5 305 947 -5107 Fax ,rr OF SuN r'e� ( ) MEMORANDUM TO: Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney �41 v DATE: September 18, 2014 Citv Commission Norman S. Ldelcup, Alayor Isaac Aelion, Vice Mayor Jeanette Gatto, Commissioner Jennifer Levin, Commissioner George `Bud" Scholl, Commissioner Christopher J. Russo, City Manager Hans Ottinot, City Attorney Jane A. Hines, NINIC, City Clerk RE: Termination/Release of Off - Street Parking Restrictive Covenant Relating to Golden Strand Condominium RECOMMENDATION This Resolution is presented for your consideration. REASONS Golden Strand Condominium ( "Golden Strand ") and the contract purchaser, GSF Acquisition, LLC have requested the termination and release of an off - street parking Restrictive Covenant as part of its site plan project for 17901 Collins Avenue, Sunny Isles Beach, Florida. The request is subject to the sale of the Golden Strand property to the contract purchaser GSF Acquisition, LLC. The Resolution is null and void if the sale of the Golden Strand property fails to occur.