HomeMy WebLinkAboutReso 2015-2500 RESOLUTION NO. 2015-25 00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING THE TERMINATION OF AN
EXISTING BEACH ACCESS EASEMENT AGREEMENT AND
DECLARATION OF USE REGARDING LA PLAYA VARADERO
APARTMENT-MOTEL LOCATED AT 18801 COLLINS AVENUE,SUNNY
ISLES BEACH, FLORIDA, ATTACHED HERETO AS EXHIBIT "A",
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO
ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a Beach Access Easement Agreement("Easement")was executed on August
27th 1986, and a Declaration of Use ("Declaration") recorded on January 13th, 1995 in Official
Records Book("ORB") 16646 at Page 3651 of the Public Records of Miami-Dade County, Florida
for the property located at 18801 Collins Avenue, Sunny Isles Beach, Florida, 33160 (the
"Property"); and
WHEREAS, the existing Easement and the Declaration are no longer consistent with the
recent site plan approval for the new La Playa Varadero development project to be located on the
property; and
WHEREAS, pursuant to the Easement and Declaration, the City, the successor to Miami-
Dade County, has the authority to.terminate the Easement and Declaration of Use; and
WHEREAS, the City Commission wishes to terminate the Beach Access Easement
Agreement and the Declaration of Use.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Termination of an existing Beach Access Easement Agreement and Declaration of
Use. The City Commission of the City of Sunny Isles Beach, Florida hereby approves the
termination of the Beach Access Easement Agreement and the Declaration of Use regarding La
Playa Varadero apartment-hotel located at 18801 Collins Avenue, Sunny Isles Beach attached
hereto as Exhibit "A".
Section 2. Authority of City Manager and the 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.
PASSED and ADOPTED this 17th day of December 2015.
Reso Terminating Beach Access Page I of 2
a
George Scholl, Mayor
ATTEST. ' .
C-a'Jane:A. Hines, MMC, City Clerk
APPROVED ASV TO FORM
AND L S f/ FICIENCY:
�IAi
iii,
Ha,.s•�tti ot, City Attorney
Moved by: f)_yti, t,i 1AA MLi
Seconded by: \A Lo M�,yt,,/' oPc7TO
Vote: 5-0
J
Mayor Scholl /(Yes) (No)
Vice Mayor Gatto 1/(Yes) (No)
Commissioner Aelion i/(Yes) (No)
Commissioner Goldman ✓(Yes) (No)
Commissioner Levin V(Yes) (No)
Reso Terminating Beach Access Page 2 of 2
•
BOP Inc. ) a Florida corporate_,)
corporation, whose address is 18325 Collins Avenue #C-3
in the City of i I
County of Dade
State of
Florida , party 6f the first part, and the COUNTY OF DADE, a
body Corporate, and al political subdivision of the State of Florida, party
second part, p ty of the
WITNESSETH THAT, the said party of the first part, for and in consideration
of the sum of ONE D9LLAR (S1 .00) , to it paid, receipt of which is hereby
acknowledged, does hereby grant, bargain, sell, convey
party of the second part, its successors and assigns fo ever,fiam unto the
easement and right-of-way for the purposes of providing a perpetual
an access to the public land and waters of the Atlantic Ocean upon, over,
across and through the following described lands situate atep and c and Pen the
County of Dade, State of Florida, to wit: being in the
Bounded on the westerly hide by the easterly line of State Road No. 140
bounded on tie easterly side by the Mean High Water Line as `�)°
feet Mean Sea Level, N.GtV.D. , at the westerly shore of the AtlanticeOcean; 00
1iband°d on the southerly I side by a line 25.00 feet northerly of and allel
to, the southerly line of that part of the southerly 300.00 feet ofthe northerly
400 feet of lot 2; bounded on the northerly side by a line 30.00 feet northerly
of, and parallel to, the Isoutherly line of that par of the the northerly 400.00 feet of lot 2; Tatum's Ocean Park Subdivision,las3recordedof feet
in Plat Book 10 at Page 6:4 of the Public Records of Dade County, Florida.
It is expressly provided ! that upon the mutual consent of the parties hereto
their successors in interest, this Easement may be replaced by of
no lesser width, scope and intent, y an Easement of
The said party of the first part does hereby fully warrant
land, and will defend the same against the lawful claims of all persons title to said
soever, persons whom-
IN WITNESS WHEREOF,
I BOP Inc. , a Florida corporation, party
of the first part, has cause t ese presents to a executed by its
Pre d nt attested to by its
Secretary , and its C:()rnnrofn ec,..1 a_ _
Exhibit "A"
STATE OF FLORIDA
COUNTY OF DADS )
PERSONALLY appeared before me, the undersigned authority in and for
the State and County aforesaid, the within named BENNETT M. LIFTER, as
Pres. of CLOVERLEAF GLADES,,NIvho acknowledged that he
an e were t e a ove an oregoing instrument as his signed.
deed. vo u— nT tary act and
WITNESS MY HAND AND OFFICIAL SEAL on this the 27th day of
August , 1.8 86
ark
/.
• av Pu• •c
State of ,��
MY COMMISSION EXPIRES:
MOTMY PLASM STATE O►RORIOA
MY COMMISSION OP. JUNE 9.IWEZ!
•
•
• n
•
°EC 1:16646ff:3651
DECLARATION OF USE
c
The following is a declaration of Use, pursuant to Dade County a
Ordinance 84-46 and regulations adopted pursuant thereto, It
pertaining to the Waikiki Motel located at 18801 Collins Ave. ,
Miami Beach, Dade County, Florida, being more particularly
a
V
described in Exhibit "A" attached hereto: a
1. The hotel use shall continue to be maintained on the subdivided
property complete with front desk, executive offices and
recreational areas all of which are common to and necessary for
hotel operation.
2 . A register, signed by guests who occupy units within the motel,
showing the date of arrival and departure of guests in each room
throughout the year, shall be maintained at all times and made
available for inspection by the Director of Building and Zoning
Department, Metropolitan Dade County, at any time.
3 . The rental of all units in the motel will be handled by an
entity who shall collect all applicable taxes including sales and
resort taxes applicable to hotel and motel room rentals. On-site
management will provide and supervise room service, maid service,
and daily linen service for all rooms that request it. Room rates
will be reasonable to the market.
4 . All units in the hotel or motel shall be offered for rent to
the public at all reasonable times except when occupied by the
owner or lessee.
5. Not more than 5% of the units in the hotel or motel shall be
occupied by the owner or any other person for more than 6 months in
any one year and any units permitted to be occupied for more than
OFF:16€4& 362
-2-
6 months in any one year shall be specifically identified.
Occupancy for more than 6 months shall not be allowed in any other
unit.
6. Rental rates shall be posted as required by Florida Statutes.
7 . Each buyer shall be required to execute a statement at the time
of contract acknowledging notice of the Declaration of Use and
agreeing to comply therewith. The Declaration shall advise that
the Code of Metropolitan Dade County, Florida, provides penalties
for utilization of the property for other than motel use.
8 . This Declaration shall not be modified or revoked without prior
approval of Metropolitan Dade County after public hearing. Upon
any violation of the Declaration, the Director of Building and
Zoning Department, Metropolitan Dade County, may take enforcement
action, including the revocation of any approvals or permits. .
9 . Furthermore, for every sublease to individual unit owners a
document in substantially the form attached will be executed and
signed by the individual owner.
In the presence of: WAIKIKI PARTNERSHIP OF THE
1 DANIEL AND HELENE LIFTER TRUST
FUNDS, TO-WIT: Daniel Lifter
Trust for Donna Isadora Rubin,
Helene Lifter Trust for Donna
Isadora Rubin, Daniel Lifter Trust
for Sheldon Woodrow Rubin, Helene
Lifter Trust for Sheldon Woodrow
Rubin, Daniel Lifter Trust for
Andrew Scott Rubin, Helene Lifter
Trust for Andrew Scott Rubin,
Daniel Lifter Trust for Nancy
Irene Lifter, Helene Lifter Trust
for Nancy Irene Lifter, Helene
Lifter Trust for Nancy Irene
Lifter, constituting all of the
V166461:3653
E�
-3-
Partners of the Waikiki
Partnership of the Daniel and
Helene Lifter Trust Funds
By A/2---1t e7 i'j- G
Bennett M. Lifter, Ri1ustee
Sworn to and subscribed before me this c77/ day of
/i0 vGii,, /4- 1994 .
NO1P , ?,', -t)
RY yBLIC
My C fi s sion Filres:
0" y�c i
_.: T. MY COMMISSION 8 CC 202349 EXPIRES LIFTER INCORPORATED
T. June 23,1996;;,%.rte-,,
''/;RF N,°,." BONDED THRU TROY FAIN INSURANCE,INC.
In the presence of: By 477.1iv(_44Z - ,r
.,y ,,, ,z,,,,,,,
(,,
Sworn to and subscribed before me this c? day of
4/0 �,efe--(/ 1994 .
d 't-,. LUCY BELLO
iu ..: MY COMMISSION><CC 202349 EXPIRES
'1°r June 23,1996
" ' .'' BONDED THRU TROY FAIN INSURANCE,INC.
I. the . presence of: SUN BANK/N.A. (Mor,gagee)/ ,....f,f,iiiiiiihi BY __.., , utt.-A .42-1....■ I'
44/ , / // / ,
Allir
I
Sworn o
and ubscribed before me this 6 day of
�
/ , , �.%. 1994 .
,- , /A Ily(
/ II
NOTARY PUBLIC
` Commission Expires:
..V I'r 'ALAN G. RANDOLPH
`�' .• <<`t =$.. -' ALAN G.RANDOLPH
hSQ.; s ,m.? . :MY COMMISSION#CC 300945
_•- I EXPIRES:AD9ust 13.1997
',?R„0. Banded mn,Notary PubUc Underxrtters
•
• OFF 3
EXHIBIT "A"
PARCEL I •
All of Tract "I", less the South 216.66 feet as measured
at right angles to the South line thereof and also less
the North 100 feet of Tract "I", as measured at right
a^Qles to the North line thereof of the AMENDED PLAT OF
NORTH BISCAYNE BEACH, according to the Plat thereof,
recorded in Plat Book 44 , at Page 42 , of the Public
Records of Dade County, Florida.
PARCEL II -
The North 100 feet of Tract "I", of the AMENDED PLAT OF
NORTH BISCAYNE BEACH, according to the Plat thereof,
recorded in Plat Book 44, at Page 42, of the Public
Records of Dade County, Florida.
PARCEL III
The North 100 feet of the South 200 feet of Tract "H", cf
the AMENDED PLAT OF NORTH BISCAYNE BEACH, according to
the Plat thereof, recorded in Plat Book 44 , at Page 42 ,
of the Public Records of. Dade County, Florida.
PARCEL IV
The South 100 feet of ' Tract "H", of the AMENDED PLAT OF NORTH
BISCAYNE BEACH, according to the Plat thereof, recorded in
Plat. Book 44, at Page 42, of the Public Records of Dade County,
Florida.
(Captioned property lies within the E} of Section 02 ,
Township 52 South, Range 42 East , Dade County, Florida. )
RECORDED IN OFF
OF DADE COUNTY,FLORIDA. RDSlOOa
RECORD VERIFIED
HARVEY R3'11'1�
Cterk cf hurts &County
I
ask) "Y Is<F City of Sunny Isles Beach Cih Commission
s y y George"Bud"Scholl,Mayor
"`.. F 18070 Collins Avenue, Suite 250 Jeanette Gatto, Vice Mayor
ti - __ •;'a 3 Isaac Aelion, Commissioner
Sunny Isles Beach, Florida»160
v ;,%•;l‘� '-_ = i ' Dana Goldman,Commissioner
_ ----rte,
+ (305)947-0606 City Hall Jennifer Levin,Commissioner
s' ..- (305)949-3113 Fax
t e * Christopher J.Russo City Manager
y,,99�»�F-O,\07- t ' (305)947-2150 Building Department
C'''>' �0 (305)947-5107 Fax Hans Ottinot,City Attorney
of SUN P Jane A.Hines,MNIC,City Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
•
FROM: Hans Ottinot, City Attorney O,
DATE: December 17, 2015
RE: Termination of Existing Beach Access Agreement and Declaration of Use
granted to La Playa Varadero Apartment-Motel
RECOMMENDATION
This Resolution is presented for your consideration.
REASONS
The La Playa Varadero Apartment-Motel ("Motel") had granted a Beach Access Easement
Agreement ("Easement") and Declaration of Use (Declaration") to Miami-Dade County. The
Easement and the Declaration are no longer needed by the City because the City recently
approved a new development with a new beach access for the property where the motel was
located.
•