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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: +k NOTARY MIL SMWT OF FZORICA AT LAM MY uss5 aN koitz sm 9 19&3 OTARk - LEtfR1d1C]�4.t�iR'MITU�i i y' r f' •" �v, �'� �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.... ��� .. - �.� �. I � 1 �J J 1 1 I � 1 �J 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 i 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.