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.