HomeMy WebLinkAboutReso 2014-2301RESOLUTION NO. 2014 - 230 I
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 TIME -SHARE
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 time -share Restrictive Covenant; and
WHEREAS, the release of the time -share Restrictive Covenant will not negatively
impact 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 time -share 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.
'Germinating Restrictive Covenant Running with the Land 1 of 2
PASSED AND ADOPTED this 1 R ' day o 014.
loll
orman S. Edelcup, Mayor
ATTEST:
Jane A. Hines, City Clerk, MMC
APPROVED AS TO FORM
AND LEGAT SUFFICIENCY:
City Attorney
Moved by: Y 1 Cst ��l —lOn�
Seconded by: �4,y,,,,,,�� , Sc_No LL
Vote: S - b
Mayor Edelcup
✓(Yes)
(No)
Vice Mayor Aelion
(Yes)
(No)
Commissioner Gatto
(Yes)
(No)
Commissioner Levin
Yes)
(No)
Commissioner Scholl
(Yes)
(No)
'terminating Restrictive Covenant Running with the Land 2 of 2
GOLDEN STRAND
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 Condominium (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 seining 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 pennitted demolition or redevelopment begins on
the Property.
;7901 Co;Jns Avc:noc • Sunrnp isles Bei,,cti, Ficrida 33;60-2792 `3 5i 931 -700`0 • F,,x: 183
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 Miaini -Dade
County. Florida (the '*Plan of Termination ") affecting the Property, the himeshare
Covenant would no longer be needed because the timeshare condominium would
be terminated. Therefore we request that the City (1) 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 Colhns Avenue - SuMMY lslns Beacsi. €lorida 3131&o.2.7W • (3os) �)3 t-7C3CN? -I%, x (305) 935 4 193
198�W 19 PN 207 84RO80928
I Mt Q413
This Covenant made this 28th day', of, October,' 1983,, by and
between GOLDEN STRAND INTERNATIONAL, INC., a Florida, corporation,.,.
_hereinafter referred to as the 'Owner•, in favor of Dade County,
a political subdivision of the State of Florida, hereinafter
s referred to as 'County's
W I T W S S S E T H:
WHEREAS, Owner is the fee simple owner of those certain
properties described as:
Tract "Q' amended plat of North Biscayne
Beach, Dade County, Floridan according to
Plat Book 44, Page 42 of the Public Records
of Dade County, Florida.
WHEREAS, said properties are presently the subject of cer-
tain site plan approval and variance applications filed by Owner
and bearing Dade County Zoning Appeals Board Hearing No. 83 -11-
11;
WHEREAS, Owner wishes to voluntarily assure the County that
said properties are intended for use as a Time -Share Condominium.
NOW, THEREFORE, the said Owner hereby voluntarily delivers
this, its Covenant, to Dade County, Florida, and agrees that the
real property herein described shall be subject to the following
restrictions as follows:
1. Notwithstanding any zoning designation placed upon the
real property herein described, Owner hereby agrees, on behalf of
itself, its successors and assigns, that said property shall be
This Instrument Was Prepared By:
Or != "LAW rx Qt
' ���fi� ,l�l1Qla� J18We11�' EQP�lY111. ,
1401 Drickell Xvenue a
`. Miami, Floods 33131 J/
EXHIBIT "A"
E.
f` 12689'k241 4
used, sold or leased'only as a Time -Share Condominium# pursuant
to Sections 721 and 718, Florida Statutes.
2. It is understood and 'agreed by the undersigned' that
arty official. inspector 'of the Dade County.Huilding and Zoning
Department or any agents duly authoAized by .the Director of that,
i_ Department may have the privilege at any time during normal work-
ing hours to enter and investigate the use of the premises to
j r -
determine whether the conditions herein agreed to are being ful-
filled.
i
3. This Covenant shall constitute a covenant running with
the land and shall be recorded in the Public Records of Dade
County, Florida, and shall remain in full force and effect and be
binding upon the undersigned, its successors and assigns until
such time as the same is modified or released.
4. This Covenant may be modified, amended or released as
to the land herein described, or any portion thereof, by a writ-
ten instrument executed by the current owners of the fee simple
title to the lands to be affected by such modification, amendment
or release, provided that the same has first been approved by the
Dade County Board of County Commissioners or the Zoning Board of
Appeals of Metropolitan Dade County (whichever by law has juris-
diction over such matters) after public hearing.
- 2 -
i
0! 12089 FD2415
S. Should this Covenant be so modified, amended or re-
leased, the; Director of the Dade County' Building and Zoning
Departm- nt,' or his' successor, shall 'forthwith 'execute a written ;
instrument effectuating `and, acknowledging such modiflcation,
amendment or release. -
6, Entorcement'ahall'be by action' at law or in equity' -
against any /parties or persons violating, or attempting to vio-
late, any covenants, either to restrain violation or to recover
damages. The prevailing party shall be entitled to recover, in
addition to costs and disbursements allowed by law, such sum as
the court may adjudge to be reasonable for the services of his
attorney. -
7, invalidation of any one of these covenants, by judg-
ment or court, in no wise shall affect any of the other provi-
sions which shall remain in full force and effect.
IN WITNESS WHEREOF, the Owner has caused these presents to
be executed and signed in its name by their property officer, and
its corporate seal to be affixed hereto and attested to by its
Secretary(ies) the day and year first above set forth.
ATTEST: GOLDEN STRAND INTERNATIONAL,
INC., a Florida corporation
By:
Bra m ean, Vice Pres dent
'RL;: !2089 oc2416
STATE OF FLORIDA )
99. `.
�. COUNTY OF DADS )
I HEREBY CERTIFY'that on'this 28th day,of October
1983, before me,personallly dppeared B• P. Daley and Bransom Bean
to me known'to'..be the..persons who, signed the foregoing instrument..
and severally acknowledged therexecution thereof to be ;their . free
= act and deed for the uses and purposes therein mentioned, and
affixed thereto the official seal of GOLDEN STRAND INTERNATIONAL,
INC., and that the said instrument is the act and deed of GOLDEN
STRAND INTERNATIONAL, INC.
r-
WITNESS my hand official seal the day and year last afore-
said.
YcA
NOTARY PUALIC
STATE OF FLORIDA AT LARGE
a My Commission Expires:
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NOTARY MIL SMWT OF FZORICA AT LAM
MY uss5 aN koitz sm 9 19&3
OTARk
- LEtfR1d1C]�4.t�iR'MITU�i
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�a
°`` 12089 pc241 T
JOINDER BX MORTGAGEE
The undersigned,Bank fur Gemeinwirtschaft; (hereinafter
"BfG ") A.G.,, a Banking corporation, Mortgagee under that certain
agreement dated October 1,.1981,�recorded.October 6, 1981 in Offi-
cial Records Book 11233', at Page 988 of the Public iiecords of
{ Dade County, Florida.wbich Agreement consolidates:
(a) that certain mortgage dated October 2,_1980, re-
corded February 6, 1981 in Official Records Book
i
11008 at Page 2433 between Golden Strand Inter-
national, as Mortgagor, and Sun-Op Ventures I:imit-
a
ed, a New Jersey Limited Partnership, as Mortgagee,
whicb Mortgage was assigned to BfG by assignment
1 dated August 20, 1981, recorded October 6, 1981 in
I
j Official Records Book 11233 at Page 984, and in
i
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 Inter-
national, as Mortgagor, and Sun -Op Ventures Limited,
a New Jersey Limited Partnership, as Mortgagee,
�{{ which mortgage was assigned to BfG by assignment
3
dated August 20, 1981, recorded October 6, 1981 in
Official Records Book 11233 at Page 986, and in
the original amount of $1,000,000.00,; and
(c) That certain Mortgage dated August 20, 1981, re-
-1-
f
12089 pt24'1$
corded October 6, 1981 in Official Records Book
11233 at Page 968 between Golden Strand Inter
national, Inc., as Mortgagor, and 4fG; aa''llortgegee, �•'`
in the'.origihal amount of $500,000.'00;_'
covering all /or a. portion of the property described in i**e.CoiMant.
hereinafter more particularly described, does hereby. ackeovled'* y Y
L
that the terms of that certain Covenant, dated Octobet 2e, 1983, <,
by Golden Strand International, Inc., in favor of Dade comity, e
restricting the property refererred to tberein to Time -share Condo-
minium use, are and shall be binding upon the undersigned and ite
successors.
IN WITNESS WHEREOF, these presents have been executed
this % day of November, 1983.
-2-
BANR PiJR !SE NWIRT C , AG
By:
DoadE. Cuk
Senior Vice President
and Manager
B-� 111-4e -
Y
Ho st Pete sen
Assistant Vice President
�w:i: -� .. �. 6. �. u-"' �sw' f4'+ Gt. 4`+ �': �i�:'!+ lit4�'; n' Y- +rdbw'idtza�t:rw:Vi'+:J.:i;:.. si •.Y.... ��� .. - �.� �.
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Ric 12089 �c2419
STATE OF NEW YORK )
COUNTY OF NEW YORK, )
On .the day of November,, 1983 before me - personally
came Donald E. Culkiri to me "known And known to me, who, being
duly sworn by me; did, depose and say that he resides t'
,ve he Ye't K,. , N..y a ce lneg-
ident.and Manager of Bank fur demeinwirtschaft AG, yaw York, flew
York,.tbe corporation described in and'whicb lsecuted the forego-
i ing instrument;' that he had authority to sign the sane 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
j thereof.
' Lt.
Rotary pu c
ENC �y w�a% owme
ysR
b W C76 QUI*
co
Ec�ke� �o if_rt
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i
i Prepared by: Eric M. Dreyfus, Esq.
Dreyfus L Hack
733 Third Avenue
New York, New York 10017
-3- ii �tO,,�R°, P. .ON
�SJNNY IS4Fr City of Sunny Isles Beach
° F 18070 Collins Avenue
Sunny Isles Beach, Florida 33160
U` x
* (305) 947 -0606 City Hall
* (305) 949-3113 Fax
\oP vP (305) 947 -2150 Building Department
F * F L O a S 305 947 -5107 Fax
'ry OF SUN P, ( )
MEMORANDUM
TO: Honorable Mayor and City Commission
FROM: Hans Ottinot, City Attorney
DATE: September 18, 2014
Citv Commission
Norman S. Edelcup, Mayor
Isaac Aelion, Vice Mayor
Jeanette Catto, Commissioner
Jennifer Levin, Commissioner
George "Bud" Scholl, Commissioner
Christopher J. Russo, City Alanager
Hans Ottinot, City Aftornzr
Jane A. Hines, TIC, City Clerk
RE: Term ination/Release of Time -Share 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 a covenant, which requires the Golden Strand
property to be maintained as a Time -Share Condominium. 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.