HomeMy WebLinkAboutResolution Zoning 03-Z-78
RESOLUTION NO. 03-Z- '78
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING
APPLICATIONS SUBMITTED BY FORTUNE BEACH, LLC (Z2003-08),
SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN
EFFECTIVE DATE.
I. RECITALS.
WHEREAS, on June 22, 2003, Fortune Beach, LLC (the "Applicant") submitted two
applications to the City of Sunny Isles Beach, Florida (collectively "the Applications")
requesting the following:
1 Pursuant to Section 265-18 of the Code of the City of Sunny Isles Beach, the Applicant is
requesting site plan approval for a 57-story, 248-unit condominium project (the "Project"),
which application is attached as Exhibit "A".
2 Pursuant to Section 265-23 of the Code of the City of Sunny Isles Beach, the Applicant is
requesting a transfer of 124,991 square feet of development rights from the City to the
Project, which application is attached as Exhibit "B".
LEGAL: The South 300 ft of the North 400 feet of Lot or Tract 1, lying east of the State
Highway A-I-A (Collins Avenue) as shown on the plat entitled "Subdivision of
Government Lot 6, in Section 2, Township 52 South, Range 42 East, and
Government Lots 1, 2, 4 and portions of Lots 5 and 6, Section 11, Township 52
South, Range 42 East made by Tatum's Ocean Park Co., according to the map or
plat thereof, as recorded in Plat Book 10 at Page 64 of the Public Records of
Miami-Dade County, Florida (the "Property").
ADDRESS: 17001 Collins Avenue;
WHEREAS, on September 18, 2003, the City Commission conducted a public hearing on
the Applications; and
WHEREAS, the public hearing of the City Commission was advertised and held as
required by law, all interested parties concerned in the matter were heard, and due and proper
consideration was given to the matter and to the positive recommendation contained in the joint
memorandum from the Planning and Zoning Administrator and the Planning Consultant; and
WHEREAS, notice was provided to all interested parties regarding the Applications, and
WHEREAS, the City Commission reviewed the Applications, the written and oral
recommendations of the Planning and Zoning Administrator and the Planning Consultant and all
outside consultants who render reports with respect to the Applications, including the
recommended conditions and found substantial competent evidence to support a showing by the
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Applicant that the requests for site plan approval and for the transfer of development rights are in
compliance with the Land Development Regulations and the Comprehensive Master Plan of the
City and maintain the basic intent and purpose of the zoning, subdivision or other land use
regulations, which is to protect the general welfare of the public, particularly as it affects the
stability and appearance of the community.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS
SUCCESSORS OR ASSIGNS, AS FOLLOWS:
II. INCORPORATION OF RECITALS.
All recitals are incorporated into the body of this Resolution as if same were fully set forth herein.
III. APPROVALS.
A. The Applicant's request to approve the site plan submitted for "Jade on the Beach" is
hereby granted and said site plan is hereby approved subject to the actual transfer of the
development rights which were approved as set forth in Section III B below and the conditions
provided in Section IV below.
B. The Applicant's request to approve the subject site as a receiver site for the
transfer of 124,991 square feet of development rights from the City's TDR Bank is
hereby granted and the City Commission finds such transfer consistent with the goals,
policies and objectives of the Comprehensive Plan and the expressed purpose of
Ordinance No. 2003-179. The approval of the Applicant's request to utilize the transfer
of development rights for the approved Project is subject to additional public hearings as
outlined below.
1. The determination of the amount that the Applicant will pay the City for the right
to utilize the transfer of development rights for the Project is subject to additional
public hearings, at which time the City Commission will make such a
determination by the acceptance of the appraised land value of the Project site, on
a square footage basis. On June 22, 2003, the Applicant provided to the City an
MAl appraisal (the "Jade Appraisal"), which made a finding as to the fair market
value of the Property. Thereafter, the City obtained an opinion regarding the Jade
Appraisal from the City's MAl appraiser (the "City's Appraisal"). The City
Commission's determination of the amount that the Applicant will pay for the
transfer of development rights will be predicated on the Jade Appraisal and the
City Appraisal. The City Commission's approval shall be documented by the
issuance of an Ordinance that shall be passed and adopted on both first and
second readings.
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2. Upon a determination of the value of the Applicant's transfer of development
rights pursuant to an Ordinance at public hearings, on both first and second
reading, as outlined in Section III B. 1. above, the approval of both Applications
shall become final and no further public hearings shall be required for approval of
the Applications.
IV. CONDITIONS
A. Conditions to be completed before buildint! permits't includint!
foundation permits't are issued or construction of any nature is
commenced
1. That the Property be developed substantially in accordance with the site plan previously
submitted for "Jade on the Beach," prepared by Carlos A. Ott Architect, RVL Architects-
Revuelta Vega Leon P.A., Kobi Karp Architects dated 8-21-03 on sheets I,AO.l, A1.6,
AO.3, A-OA, A1.0 thru A1.14, A2.0 thru A2.3, A3.1 thru A.3.5 consisting of 29 sheets,
plans entitled "Cover Sheet and Location Map, Site and Paving Plan, Site, Site and
Paving Details, grading and Drainage Plan, Site Utilities Plan, Water and Sewer Notes",
prepared by VSN Engineering Inc., dated stamped received 8-28-03, consisting of 6
sheets and plans entitled "Tree Disposition Plan, Landscape Plan, Landscape Legend
Notes and Detail, Landscape Open Space Calculation, Pedestrian Walkway Hardscape",
prepared by J.F.S. Design, Inc., dated revised 8-21-03 consisting of 5 sheets, plans
entitled "Lighting and Photometric plans", prepared by Truglio Wei & Ramos Consulting
Engineers, dated stamp received 8-28-03 and a "Boundary and Topographical Survey"
prepared by Davis Associates Inc. dated 8-15-02 (the "Site Plan"). The Site Plan may be
modified at public hearing only, unless there is a "minor" modification as outlined in
Section 265.18 of the Code of the City of Sunny Isles Beach.
2. That upon the submittal of an application for a building permit, the plans submitted shall
meet with the approval of the Planning and Zoning Administrator and be consistent with
the Site Plan approved by the City Commission. Plans shall include all the required
elements of the Site Plan pursuant to the City's Land Development Regulations and these
conditions. Should compliance with these conditions result in a change that would not be
considered "minor" in accordance with Section 265.18 of the Code of the City of Sunny
Isles Beach, the Applicant shall be required to obtain another approval by the City
Commission.
3. That a plot plan be submitted to the Planning and Zoning Administrator, Landscape
Architect and Planning Consultant including their in-house experts, for their review. The
plot plan shall include all easements proffered by the Applicant to the City, including but
not limited to (i) a beach access easement exactly as shown on the Site Plan and as
represented by the Applicant to the City Commission (the "Beach Access Easement"),
(ii) a ten-foot (10') landscaping streetscape easement as per the City Streetscape Master
Plan (the "Streetscape Easement"), and (iii) the 10,000 square foot public oceanfront park
(the "Oceanfront Park") and, if applicable, other amenities. The plot plan shall show the
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type and size of plant materials, which shall be in compliance with the City's Streetscape
Master Plan.
4. (a) That the Applicant submit a Declaration of Restrictive Covenants (the "Declaration") in
recordable form, acceptable to the Planning and Zoning Administrator, prior to submittal
of an application for a building permit. The Declaration shall proffer the Beach Access
Easement, the Streetscape Easement, and the Oceanfront Park, all of which shall be fully
accessible to the public and clearly designated, by means of signage approved in writing
by the City Manager or its designee, as amenities open to all members of the public. The
provision of twenty-four (24) hour valet parking services for owners and their guests
shall be included in such Declaration.
(b) The Declaration shall specify that the proffered Beach Access Easement and the
Oceanfront Park shall be fully landscaped and equipped with public amenities including,
but not limited to, benches, lighting, a shower and a fountain (the "Public Amenities").
The Applicant shall maintain the Beach Access Easement and Oceanfront Park in
perpetuity, to a standard reasonably acceptable to the City Manager. In addition, the
Applicant shall design a public restroom facility (the "Public Facilities"). The Public
Facilities shall include (i) two stalls (one handicap accessible) and a urinal in the men's
restroom; (ii) two stalls (one handicap accessible) in the women's restroom; and (iii) foot
showers.
The Public Facilities shall be located on the Property in the Project's parking structure,
adjacent to the Beach Access Easement to the west of the coastal construction setback
line. In the event, prior to the issuance of the building permit for the Project, the City
Manager should request that the Applicant build the Public Facilities at a City-owned site
(the "City Site") rather than on the Property, Applicant shall construct the Public
Facilities on the City Site in lieu of the Applicant's obligation to build the Public
Facilities on the Property. In the event that the Public Facilities are to be constructed on
the City Site, but the City is not ready for construction to commence at the time the
Applicant applies for its building permit for the Project, the Applicant shall post a bond
with the City for the full cost of the Public Facilities.
A plan showing the proposed Public Amenities and Public Facilities shall be provided
and approved by the City Manager and all professional reviewing consultants. The
Applicant shall, at its sole cost and expense, (x) construct the Public Amenities on the
Beach Access Easement and Oceanfront Park, and (y) construct the Public Facilities on
the Property or the City Site as provided above. The Applicant shall be required to pay,
in perpetuity, for the use of electricity and water used by the public after the completion
of construction of the Public Facilities, if the Public Facilities are built on the Property.
The Applicant will construct the necessary infrastructure to include water lines,
plumbing, and electrical services as will be necessary to make the Public Facilities fully
operational. The Public Amenities and Public Facilities shall be constructed, maintained
and insured in perpetuity by the Applicant. Notwithstanding the previous provision, in
the event the Public Facilities are constructed on the City Site, the Applicant shall not be
obligated to maintain and insure the Public Facilities.
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5. That the Applicant shall present evidence of performance to the Planning and Zoning
Administrator of the obligations required to qualify for the following Floor Area Ratio
bonuses under Section 265.35 of the Code of the City of Sunny Isles Beach..
a) Beach Access Easement 0.10 FAR $ -0-
b) Beach Access Trust Fund 0.20 FAR $ 133,840
c) Public Beach Rec. Enhancement 0.50 FAR $ 334,600
d) Collins Ave Streetscape 0.30 FAR $ 200,760
e) Sunny Isles Public Parking 0.20 FAR $ 133,840
1) Public Ocean Park 0.20 FAR $ -0-
The total contribution for all Floor Area Ratio bonuses for the Project is $803,040, for a
total increase in floor area ratio of 1.5 for a maximum floor area ratio of 4.0.
6. That pursuant to Section 267.4 of the Code of the City of Sunny Isles Beach, the City
Manager and/or his/her designee in review of any application, may continue to refer the
subject application presented to it to such engineering, planning, legal, technical, or
environmental consultant or professional(s), employed by the City, as the Manager shall
deem reasonably necessary to enable himlher to review such application as required by
law. Charges made by such consultants or professionals shall be in accord with the
charges customarily made for such services in Miami Dade County, and pursuant to
contractual agreements by and between the City and such consultants and shall be a
continuing obligation of the Applicant, to be paid prior to the issuance of a building
permit, not including demolition or sales center permits. A building permit shall not be
issued unless all professional review fees charged in connection with the Applicant's
Project have been reimbursed to the City. Once all pertinent charges have been paid, the
City shall refund to the Applicant any remaining funds previously deposited with and
held by the City.
7. That the Applicant shall comply with all conditions and requirements of the Department
of Environmental Resource and Management (DERM), the Fire Department, Water and
Sewer Department, Department of Environmental Protection (DEP), and Florida
Department of Transportation (FDOT), including, but not limited to, approvals (permits)
from DOT for any curb cuts and crosswalk on Collins Avenue.
8. That the Applicant shall submit plans for the construction of an appropriate barrier
between the construction site and adjoining properties in order to minimize blowing of
sand and debris. The Applicant will abide by all City and County ordinances relating to
the hours of operation for construction commencement and termination. The Applicant
will use its best efforts to minimize vibration and noise during the construction of the
Project.
9. That no wall, fence, or visual obstruction of any kind shall be placed within 25 feet ofthe
Collins Avenue public right of way and no such wall or fence shall in any way obstruct
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the Beach Access Easement. No portion of the Beach Access Easement shall be utilized
for vehicular access to the parking garage or to main structure loading docks.
10. That paving within the front setback shall consist of pavers or other decorative materials
approved by the Building Official. Under no circumstances shall asphaltic concrete or
plain concrete be utilized as paving in the front setback.
II(a) That all overhead utilities adjacent to the public right-of-way on the Project site shall be
placed underground in order to insure the public safety during an evacuation procedure
and to insure the ability of the City to restore public utility service subsequent to a storm
event.
(b) That undergrounding of utilities shall be accomplished as mandated by Chapter 250,
Article II and the City Streetscape Master Plan. If not otherwise funded by the Collins
Avenue Streetscape contribution provided in Section IV A.5.(d) above, this shall include
the purchase, replacement and installation of light poles that conform to Streetscape
Master Plan requirements. The Applicant shall coordinate with the City Manager on this
Issue.
12. That Applicant has submitted all documents required under this Resolution and all impact
fees, bonuses, and transfer of development right monies and professional fees, in
accordance with Section 267.4 of the Code of the City of Sunny Isles Beach and other
applicable Land Development Regulations, due to the City have been paid.
13. That in the event of multiple ownership, a homeowner's association or, if the Property is
submitted to condominium regime, a condominium association, shall be established in
accordance with applicable regulations to insure that all common areas and facilities for
the residents, as well as all easements dedicated to the City hereunder shall be maintained
in a continuous and satisfactory manner, without expense to the general taxpayers of the
City of Sunny Isles Beach. A copy of this Resolution shall be recorded at the expense of
the Applicant, a copy of the recorded Resolution delivered to the City, and a copy of this
Resolution and other recorded documents shall be included in any condominium
documents recorded for this Project.
B. Conditions to be completed before any Certificate of Occupancy is issued.
1. That the Applicant demonstrates that it is in compliance with all terms and conditions of
this Resolution.
2. That the Applicant shall pay all remaining fees related to the review of the Applications
described herein and shall have paid all other fees previously due to the City including
Building Department review fees.
3. That in the event all required public improvements including, but not limited to, the
Beach Access Easement, Oceanfront Park, Public Amenities, and Public Facilities have
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not been completed, the Applicant shall furnish a payment and performance bond in an
amount determined by the Building Official to ensure Applicant's performance of public
improvements required pursuant to the Site Plan, in accordance with recommendations of
the Building Official after review of construction plans submitted and based on the
approval provided in this Resolution. Any such bond shall be issued by a surety having a
minimum rating of A-I in the Best's Key Rating Guide, PropertylCasualty Edition, shall
be subject to the approval of the City, and shall provide that "this bond may not be
cancelled or allowed to lapse until 30 days after receipt by the City, by certified mail,
return receipt requested, of written notice from the issuer of the bond of intent to cancel
or not to renew". As improvements are made the City, within its discretion, may reduce
or eliminate the bond amount. These rights reserved by the City with respect to any
construction bond established pursuant to this section are in addition to all other rights
and remedies the City may have under this Resolution, in law or in equity.
C. Other Conditions
1. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the
City upon compliance with all terms and conditions. The Certificate of Occupancy and
Certificate of Use shall be subject to cancellation upon violation of any ofthe conditions.
2. That the approved Site Plan shall remain valid for a period of 24-months from the date of
approval. If no building permit is issued within the 24-month time period, the Site Plan
shall be considered null and void and of no force and effect.
3. That the Applicant shall comply with all City Ordinances.
4. That this Resolution and all conditions contained herein shall be binding upon Applicant,
its successors and/or assigns.
NO BUILDING PERMIT SHALL BE ISSUED (EXCEPT FOR DEMOLITION AND
SALES CENTER) UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS
REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL
IMPACT FEES, BONUSES AND TRANSFER OF DEVELOPMENT RIGHTS TO THE
CITY (IF APPLICABLE), PROFESSIONAL FEES (AS PER SECTION 267.4 OF THE
CODE OF THE CITY OF SUNNY ISLES BEACH) AND ALL OTHER FEES DUE AND
OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT
REGULATIONS.
FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE
CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE
APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH
CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY
RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT
CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY
CONSENTS TO ALL THESE TERMS AND CONDITIONS.
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V. SEVERABILITY AND EFFECTIVE DATE.
1. If any section, subsection, clause of provision of this Resolution is held invalid, the
remainder shall not be affected by such invalidity. All Resolutions or parts of resolutions
in conflict herewith shall be and hereby are repealed.
2. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 18th
day of September, 2003.
,. ATTEST:
j. ~
~A
.) ~ ... ;~-
..;..
.. ~~"~1d:-
Jane A. Hines, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~ - 12.
'Lynn M. Dannheisser, City Attorney
Moved by: Lila Kauffinan
Second by: Dannv Iglesias
VOTE: 5-D
Mayor David Samson
Vice Mayor Edelcup
Commissioner Goodman
Commissioner Iglesias
Commissioner Kauffinan
~yes _no
~yes_no
v-yes_no
.......yes_no
~yes_no
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STA TE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
I, JANE A. HINES, City Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that
the above and foregoing is a true and correct copy of Resolution No. 03-Z-1.8.. adopted by the
City Commission at its meeting held on the 15+1.. day of ~~be,v , 2003.
Issued: Nl)Ol.~tv 25,2b03
Jade Resolution
~~ A.~
Jane A. Hines
City Clerk
9
111111I111111111I1111111111111111111111111111
This instrument prepared by:
CFN 2005R0902821
OR Bk 23720 P9S 4899 - 4910; (12p9s)
RECORDED 08/29/2005 08=33=08
DEED DOC TAX 0.60
SURTAX 0.45
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
Judith A, Burke, Esq,
Shutts & Bowen LLP
201 South Biscayne Boulevard
Miami, Florida 33131
When recorded, return to:
Jorge Vera
Director of Zoning
City of Sunny Isles Beach
17070 Collins Avenue, Suite 2168
Sunny Isles, Florida 33160
S ace Reserved for Clerk of Court
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENT
WHEREAS, FORTUNE BEACH, LLC ("Owner" or "Grantor") is the owner of the
following described real property (the "Property"), lying, being and situated in Sunny Isles
Beach, Miami-Dade County, Florida, and legally described as:
SEE EXHIBIT "A"
and located at 17001 Collins Avenue, Sunny Isles Beach, Florida.
In accordance with Conditions IV(4)(a) and (b) of Resolution No. 03-Z-78 adopted by the
CITY OF SUNNY ISLES BEACH (the "City" or "Grantee"), on September 18, 2003 (the
"Resolution"), the Owner, its successors and assigns, freely, voluntarily and without duress,
makes the following Declaration of Restrictions and Grant of Easement ("Declaration") covering
and running with the Property and grants the following easements, as described below:
1. Intent. In connection with the Resolution, which approved the Jade Beach
project (the "Project"), the Owner has agreed to the granting of certain easement rights, as more
particularly set forth herein, and has agreed to be bound by certain covenants, restrictions and
obligations with respect to the Property. To the extent that there is a conflict between the
Resolution, which is recorded in the Office of the City Clerk, and the Declaration, the terms of
the Declaration shall apply, provided, however, that the failure to include a requirement of the
Resolution in this Declaration shall not be deemed a waiver of such requirement.
2. Grant of Easement. Owner does hereby grant and convey to the City the
following non-exclusive easements (collectively, the "Easements"): (i) an access easement, no
less than fifteen feet (15') wide, and otherwise as specifically described on attached Exhibit
"B", for pedestrian ingress to and egress from Collins Avenue to the public beach (the "Beach
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Access Easement"), together with vehicular ingress and egress for fire, police, health, sanitation
and other public service personnel and vehicles employed and utilized by the City over the
driveways and pathways as they may exist from time to time on the Property (the "City Access
Easement"); (ii) a 10' landscape easement pursuant to the City Streetscape Master Plan along the
westerly 10' of the Property adjacent to Collins Avenue, as specifically described in Exhibit "C"
(the "Streetscape Easement"); and (iii) a ten thousand (10,000) square foot public oceanfront
park easement as specifically described on attached Exhibit "D" (the "Oceanfront Park"). The
Easements shall be fully accessible to the public, on a twenty-four (24) hours basis and shall be
clearly designated by means of signage approved in writing by the City Manager or its designee,
as amenities open to all members of the public.
3. Desilm. Construction and Maintenance of Easements and Improvements.
(A) Design and Construction. Owner, its successors and assigns or any
condominium association managing the common areas of the Property, shall have the exclusive
right to design, build, furnish and maintain any and all improvements (including but not limited
to landscaping, irrigation and lighting) located within the Easements, subject to the approval of
the City Manager, in his sole discretion. The design of any and all materials to be used for any
and all improvements within the Easements, shall be presented to the City for its approval prior
to construction of such improvement, which approval shall not be unreasonably withheld or
delayed. The Beach Access Easement shall be paved and shall contain landscaping and lighting.
The Oceanfront Park shall be fully landscaped and equipped with public amenities including, but
not limited to, benches, lighting, a shower and a fountain. The design and construction of the
Streetscape Easement shall comply with the City Streetscape Master Plan, as approved by the
City Zoning and Code Administrator. Prior to the issuance of the Certificate of Occupancy,
Owner shall plant landscaping on the Streetscape Easement as required pursuant to the City's
Streetscape Master Plan or as otherwise approved by the City.
(B) Maintenance. Owner, its successors and assigns shall at all times maintain
the Easements (including any and all improvements which may be constructed thereon from time
to time) in good condition and in a safe, clean and attractive manner reasonably acceptable to the
City Manager. After any landscape or other installation within the Easements or any subsequent
repairs and/or maintenance thereof, the Owner shall restore the surface of the Easements, as
applicable, as near to its original condition as may be possible, all within a reasonable time after
the installation, repair and/or maintenance of such activity described above. In the event that the
Owner fails to restore or commence restoration and diligently pursue same, after receipt of thirty
(30) days' written notice from City to Owner of such failure, then the City may restore the
Easements to its required condition (the City's "Right to Restore") and thereafter the Owner shall
reimburse City for the reasonable costs of such restoration within thirty (30) days following
receipt by the Owner of a reasonably documented invoice (the "Invoice") for same. In the event
reimbursement is not received by the City within the required time, City may then place a lien
against the Property for the cost as documented in the Invoice. Grantor agrees that the City's
lien shall be on a parity with special assessment liens and superior to all other liens excepting
those of taxing authorities.
(C) Insurance. Owner, its successors and assigns, shall maintain, during the
term of this Declaration, the insurance specified below. A Certificate of Insurance shall be filed
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with the City of Sunny Isles Beach's City Manager prior to the commencement of this
Declaration. No modification, change or cancellation of insurance shall be made without thirty
(30) days' written advance notice to the City Manager, with a copy to the City Attorney.
Public Liability Insurance on a comprehensive basis in an amount not less
than One Million Dollars combined single limit and an aggregate of not less than Three Million
Dollars for bodily injury and property damage. The policy shall list the City as an additional
insured. The policy shall include Products Liability coverage if and when applicable. No
modification, change or cancellation of insurance shall be made without thirty (30) days written
advance notice to the City Manager with a copy to the City Attorney. The Public Liability
Insurance coverage shall include those classifications as listed in Standard Liability Insurance
Manuals, which are applicable to the operations of Owner, its successor and assigns in the
performance of this Declaration. All insurance policies required above shall be issued by
companies authorized to do business under the laws of the State of Florida. Such companies
shall have a general policy holder's rating of "A" or better and a financial rating of not less than
"Class V" as reported by Best's Key Rating Guide, published by AM. Best Company, latest
edition. This insurance shall be in effect as long as the easement exists. Failure to continue to
provide the insurance coverage shall constitute a violation of this Declaration.
Compliance with the foregoing requirements shall not relieve Owners, its
successors or assigns of its liability and obligations under this section or any portion of this
Declaration.
The City reserves the right to reasonably amend the lllsurance
requirements by issuance of a notice in writing to Owner, its successors or assigns.
4. Effective Date. These grants of easement shall not become effective until the
City issues a final certificate of use and occupancy for the development approved under the
Resolution, as modified by any subsequent substantial compliance approval, or as such other
plans are approved at public hearing consistent with this Declaration.
5. Reservation. Grantor hereby reserves all rights of ownership in and to the
Easements which are not inconsistent with this Declaration, including, without limitation: (a) the
right to grant further non-exclusive easements on, over, under and/or across the Easements (i.e.,
utility and/or access easements); (b) the right to use the Easements for all uses not interfering or
inconsistent with the uses permitted herein, including, but not limited to: vehicular access and
ingress and egress to, over, and from the Easements and the Property; service access to, over and
from the Easements and the Property; installation, maintenance and use of utility facilities and
access therefore and maintenance thereof; the right to conduct any activity upon the Easements
which promotes the security of the Easements or the Property or any persons or property located
thereon as long as public access to the beach through the Easements is continuously maintained
and the right to construct and maintain any signs within the Easements as may be permitted by
applicable law; and (c) the exclusive right, subject to the City's Right to Restore, to design,
build, furnish and maintain any and all improvements (including, but not limited to, landscaping
and lighting) located within the Easements. Prior to its exercise of those rights set forth in (a), (b) or
(c) of this paragraph 5, other than the granting of such easement to governmental or quasi-governmental
authorities or departments, or to Grantor's future successors or assigns, Grantor shall obtain the approval
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of the City Manager, who shall determine, in its sole opinion, whether the proposed grant, use, or other
activity is inconsistent with the grant of easements set forth herein and in Resolution No. 03-Z-78.
6. Public Facilities. Pursuant to the Resolution, the Owner is obligated to design
and construct a public restroom facility, either on the Property's parking structure, adjacent to the
Beach Access Easement or, at the City's option, on a City owned site (the "Public Facilities").
The Public Facilities shall include (i) one handicap accessible stall and a urinal in the men's
restroom; (ii) one handicap accessible stall in the women's restroom; (iii) foot showers; and (iv)
a storage area for lifeguard equipment. Subsequent to the adoption of the Resolution, the City
requested and Owner agreed to construct the Public Facilities on a City owned site, in lieu of the
Applicant's obligation to build the Public Facilities on the Property. In the event that the City is
not ready for construction to commence at the time the Owner applies for its building permit for
the Project, the Owner shall post a bond with the City for the full cost of the Public Facilities.
Owner shall not be obligated to maintain and insure the Public Facilities.
7. Indemnification. The Grantor, its successors and assigns, hereby agree, in
consideration of the approval of the Resolution and tbe sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged, to jointly and
severally indemnify, defend and hold harmless the Grantee, (and all of its members, officers,
directors, employees, successors and assigns, and consultants) against any and all liabilities,
damages, claims, costs or expenses whatsoever (including all reasonable attorney's fees and cost
whether suit be brought or any appeals be taken therefrom) arising from, growing out of or
connecting in any way to the Declaration or any activity carried on in the Easements, including
but not limited to the failure of the Grantor to maintain the Easements.
8. Valet Parkin2:. Owner shall provide 24-hour valet parking services for owners of
the Property's condominium units and their guests.
9. City Inspection. As further part of this Declaration, it is hereby understood and
agreed that any official inspector of the City of Sunny Isles Building and Zoning Department, or
its agents duly authorized, may have the privilege at any time during normal working hours of
entering and inspecting the use of the premises to determine whether or not the requirements of
the building and zoning regulations and the conditions herein agreed to are being complied with.
10. Covenant Runnin2: with the Land. This Declaration on the part of the Owner
shall constitute a covenant running with the land and shall be recorded in the public records of
Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the
Owner, and its heirs, successors and assigns (including, without limitation, any ensuing
condominium association or operator of the Property) until such time as the same is modified or
released. These restrictions, during their lifetime, shall be for the benefit of, and limitation.
upon, all present and future owners of the Property. However, nothing contained in this
Declaration shall create a public dedication of all or any portion of the Property.
11. Term. This Declaration is to run with the land and shall be binding on all parties
and all persons claiming under it for a period of thirty (30) years from the date this Declaration is
recorded, after which time it shall be extended automatically for successive periods of ten (10)
years each unless an instrument signed by a majority of the, then, owners of the Property has
MIADOCS 649864 8
I 2/2/04
4
been recorded agreeing to change, the Declaration in whole, or in part, provided that the
Declaration has first been modified or released by the City.
12. Modification. Amendment. Release. The Easements granted in this Declaration
shall be perpetual in duration, and shall not be changed, altered or amended except by instrument
in writing executed by the Owner or a majority of the then owners and the City and their
respective successors and assigns, provided that the same is also approved by the City
Commission after public hearing. Any ensuing operator or condominium association with valid
authority to act on behalf of the majority of the owners of the Property may execute the
amending instrument upon submission of proof of authority to act on behalf of a majority of the
owners. Should this Declaration be so modified, amended or released, the City Manager or such
authorized designee shall forthwith execute a written instrument effectuating and acknowledging
such modification, amendment or release.
13. Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants, terms or provisions of this Declaration. The
prevailing party in any action or suit, pertaining to or arising out of this Declaration, 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 at trial and appellate levels. This
enforcement provision shall be in addition to any other remedies available at law or in equity or
both.
14. Authorization for Department of Buildine and Zonine to Withhold Permits
and Inspections. In the event of failure to comply with the terms of this Declaration, in addition
to any other remedies available, the City is hereby authorized to withhold any further permits,
and refuse to make any inspections or grant any approvals, until such time as the failure to
comply is cured.
15. Election of Remedies. All rights, remedies and privileges granted herein shall be
deemed to be cumulative and the exercise of anyone or more shall neither be deemed to
constitute an election of remedies, nor shall it preclude the party exercising the same from
exercising such other additional rights, remedies or privileges.
16. Severability. Invalidation of anyone of these covenants, by judgment of a court,
of law, in no way shall affect any of the other provisions, which shall remain in full force and
effect.
MIADOCS 649864 8
1\115104
5
IN WITNl;SS WHEREOF,
o c-+O ~ , 2004.
Grantor has executed this Declaration this -'-L- of
WITNESSES:
FORTUNE BEACH, LLC., a Florida limited
liability company
By:
Name:
Title:
By:
Prin Name:~{S(\~~lJ) - C,g \)2..
[CORPORATE SEAL]
STATE OF FLORIDA )
) ss.
COUNTY OF MIAMI-DADE)
The fore$oing instrument was acknowledged before me this \ \ day of () a- . ,
2004, byta~lA([~O Oe t>r..\--uYlC\ , as ~~\cJerrr - , of Fortune
International~ty Corp., a Florida corporation, as NIanager of Fortune Beach, LLC, a Florida
limited liability company on behalf of the company. He is personally known to me or has
produced a driver's license as identification. -
[NOTARIAL SEAL]
~'''' L1Ul. Ramos
i, ~ . My Commission 00261459
\~ ",I Expires February 21 2008
~
Printea"Name: LISSlS7 wmvs
My Commission Expires: Fe-~. )..'. 2.COf3
Notary Public, State of Florida at Large
APPROVED AS TO FORM AND
CORRECTNESS
CITY ATTORNEY
MIADOCS 649864 7
10/1 1/04
6
EXHIBIT" A"
LEGAL DESCRIPTION
THE SOUTH 300 FEET OF THE NORTH 400 FEET OF LOT OR TRACT 1, LYING
EAST OF STATE HIGHWAY AlA (COLLINS AVENUE) AS SHOWN ON THE PLAT
ENTITLED "SUBDIVISION OF GOVERNMENT LOT 6 IN SECTION 2, TOWNSHIP
52 SOUTH, RANGE 42 EAST, AND GOVERNMENT LOTS 1, 2, 4 AND PORTIONS OF
LOTS 5 AND 6, SECTION 11, TOWNSHIP 52 SOUTH, RANGE 42 EAST MADE BY
TATUM'S OCEAN PARK CO.", ACCORDING TO THE MAP OR PLAT THEREOF AS
RECORDED IN PLAT BOOK 10, PAGE 64 OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA.
730068 1.DOC
EXHIBIT B - BEACH ACCESS EASEMENT
SKETCH AND LEGAL DESCRIPTION
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LEGAL DESCRIPTION ~
The South 20 feet of that portion of the South 300 feet of the ::J
6
North 400 feet of Lot or Tract 1, lying east of State Highway fIE
AlA (Collins Avenue) as shown on the Plat entitled ~;:::-
"SUBDIVISION OF GOVERNMENT LOT 6 IN SECTION 2, U~
~.J-
TOWNSHIP 52 SOUTH, RANGE 42 EAST, AND ill::?
GOVERNMENT LOTS 1, 2, 4 AND PORTIONS OF LOTS 5 I 00>
15&
AND 6, SECTION 11, TOWNSHIP 52 SOUTH, RANGE 42 [)
EAST MADE BY TATUM'S OCEAN PARK CO.", according
to the map or plat thereof as recorded in Plat Book 10, Page
64, of the Public Records of Miami-Dade County, Florida.
LOT 2
TA TUM'S SUBDIVISION ~
(P.B. 10-64, D.eR.) ~
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NOTES:
1, BEARINGS shown hereon are based on the
'FLORIDA STATE PLANE COORDINATE SYSTEM
EAST ZONE" (1927 Datum) as referenced in the
"COASTAL CONSTRUCTION CONTROL LINE'
map, as recorded in Plat Book 74, Page 25 of the
Public Records of Miami-Dade County, Florida, dated
02-10-82,
2. THIS IS NOT A BOUNDARY SURVEY OF ANY
PARCEL OF LAND.
P .8. PLAT BOOK
(R.) RECORD MEASUREMENT
R.O.W. RIGHT-OF-WAY
7HIS "sKETCH &: LEGAL DESCRJP1lON" WAS PREPARED UNDER MY SUPERVISION, FILE: 04-198 Sketch&Lego/.dwg
~qrEY, p~Z & ASSOCIATES. INC.
~. ~ ~ I~JZ<J/(J' \llCrPR<SIDENT
HrNRY GRIER rDMUNDS, PROFE:SS/ON.4L sumtEYOR " IlAPPrR IJJ2J
or GrOFFRE:Y LEJTE:R. PROFE:SSICI/'W. SURVEYOR " IIAPPE:R ,#6395
STATE: OF' FlORlD.4
LEITER, PEREZ & ASSOCIATES, INC.
LAND DEVELOPMENT CONSULTANTS
CIVIL ENGINEERS-LAND SURVEYORS LB#6787
LANDPLANNERS-ENVIRONMENTAL
160 N.W. 176TH ST. . SUITE 403. MIAMI, FLORIDA 33169
PHONE, DADE (305) 652-5133 BROWARD (954) 524-2202
INTERNET ElUJL: officeOleiterperez.com
REV I S ION:
10/7/04 CHANGED TITLE
10/20/04 MODIFY LEGAL />S PER CI1Y COMMENTS
NOT VAUD WITHOUT
THE S/GNI\WRE AND
THE ORIGINAL RAISED SEAL
OF A FLORIDA UCENSED
SURVEYOR AND MAPPER
DATE: 9-22-04
JOB NO. : 04-198
FILE: L-1710
SHEET 1 OF 1
EXHIBIT C - STREETSCAPE EASEMENT
SKETCH AND LEGAL DESCRIPTION
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LEGAL DESCRIPTION
The West 10 feet of that portion of the South 300 feet of the
North 400 feet of Lot or Tract 1 lying east of State Highway
AlA (Collins Avenue) as shown on the Plat entitled
"SUBDIVISION OF GOVERNMENT LOT 6 IN SECTION 2,
TOWNSHIP 52 SOUTH, RANGE 42 EAST, AND
GOVERNMENT LOTS 1, 2, 4 AND PORTIONS OF LOTS 5
AND 6, SECTION 11, TOWNSHIP 52 SOUTH, RANGE 42
EAST MADE BY TATUM'S OCEAN PARK CO,", according
to the map or plat thereof as recorded in Plat Book 10, Page
64, of the Public Records of Miami-Dade County, Florida,
J
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NOTES:
1, BEARINGS shown hereon are based on the
"FLORIDA STATE PLANE COORDINATE SYSTEM
EAST ZONE" (1927 Datum) as referenced in the
"COASTAL CONSTRUCTION CONTROL LINE"
map, as recorded in Plat Book 74, Page 25 of the
Public Records of Miami-Dade County, Florida, dated
02-10-82.
2. THIS IS NOT A BOUNDARY SURVEY OF ANY
PARCEL OF LAND.
LEITER, PEREZ & ASSOCIATES, INC.
LAND DEVELOPMENT CONSULTANTS
CIVIL ENGINEERS-LAND SURVEYORS LSll6787
LANDPLANNERS-ENVIRONMENTAL
160 N.W. 176TH ST. . SUITE 403. MIAMI, FLORIDA 33169
PHONE: OAOE (305) 652-51 JJ BROWARO (954) 524-2202
INTERNET EMAlL: officeOleiterpere2.com
...
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TA TUM'S SUBDIVISION
(P.B. 10-64, D.C.R)
LOT 2
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LEGEND:
D.C.R, MIAMI-DADE COUNTY PUBLIC RECORDS
(M,) - MEASURED
P.B.
(R.)
R,O.W,
PLAT BOOK
RECORD MEASUREMENT
RIGHT-OF-WAY
ALE: 04-198 SketcMLegal.dwg
NOT VALID WITHOUT
THE SIGNATURE AND
THE ORIGINAL RAISED SEAL
OF A FLORIDA LICENSED
SURVEYOR AND MAPPER
REV I S ION:
10/7/04 CHANGEO TITLE
DATE: 9-22-04
JOB NO, : 04--198
FILE: L-171 1
SHEET 1 OF 1
EXHIBIT 0 - OCEANFRONT PARK
SKETCH TO ACCOMPANY EASEMENT LEGAL DESCRIPTION
LEITER, PEREZ & ASSOCIATES, INC.
LAND DEVELOPMENT CONSULTANTS
CIVIL ENGINEERS-LAND SURVEYORS LSN6787
LANDPLANNERS-ENVIRONMENTAL
160 N.W. 178TH ST. . SUITE 403. MIAMI, FLORIDA 33169
PHONE: DADE (J05) 652-51JJ BROWARO (954) 52+-2202
INTERNET DIM.: offtceOleiterperez.com
D.C.R.
(M.)
P.B.
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LEGEND:
MIAMI-DADE COUNTY PUBLIC RECORDS
MEASURED
PLAT BOOK
POINT OF BEGINNING
POINT OF COMMENCEMENT
RECORD MEASUREMENT
RIGHT-OF-WAY
LOT 2
TA ruM'S SUBDIVISION
(P.B. 10-64, D.C.R.)
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NOTE:: FOR EASalENT LCG4L 0ESCRlPTI0H AND NOTES, SEE SHEET 2 OF 2.
THIS IS NOT A BOUNDARY SURVEY OF AN'( PARCEL OF /MD.
FILE: 04-198 Sketch&:Legai,dwg
REVISION:
10/7/04 CHANGED TITLE
DATE: 9-22-04 JOB NO, : 04-198
FILE: L-1712
SHEET 1 OF 2
EXHIBIT D - OCEANFRONT PARK
EASEMENT LEGAL DESCRIPTION
LEGAL DESCRIPTION
A parcel of land being a portion of Lot or Tract 1 lying east of State Highway A1A (Collins Avenue) as
shown on the Plat entitled "SUBDIVISION OF GOVERNMENT LOT 6 IN SECTION 2, TOWNSHIP 52
SOUTH, RANGE 42 EAST, AND GOVERNMENT LOTS 1, 2, 4 AND PORTIONS OF LOTS 5 AND 6,
SECTION 11, TOWNSHIP 52 SOUTH, RANGE 42 EAST MADE BY TATUM'S OCEAN PARK CO,",
according to the map or plat thereof as recorded in Plat Book 10, Page 64, of the Public Records of
Miami-Dade County, Florida, the subject parcel being more particularly described as follows:
COMMENCE at the intersection of the Easterly Right-of-Way line of State Highway A1A (Collins Avenue)
and a line lying 100 feet South of and parallel with the North line of said Lot 1; thence N.86054'24"E.
along said parallel line for 315,04 feet to the POINT OF BEGINNING of the subject easement; thence
continuing N.86054'24"E along said line for 36.77 feet; thence S,05012'54"W, along the Erosion Control
Line as shown on the plat of the "Erosion Control Line for Sunny Isles Beach" as recorded in Plat Book
134, Page 47 of the Public Records of Miami-Dade County, Florida, for 187.69 feet; thence
S.01022'12"E., continuing along said Erosion Control Line, for 114,34 feet; thence S.86054'24"W., along
a line lying 400 feet South of and parallel with the North line of said Lot 1, for 35.42 feet; thence
N.02028'03"E for 301.42 feet to the POINT OF BEGINNING,
NOTES:
1, BEARINGS shown hereon are based on the "FLORIDA STATE PLANE COORDINATE SYSTEM
EAST ZONE" (1927 Datum) as referenced in the "COASTAL CONSTRUCTION CONTROL LINE" map,
as recorded in Plat Book 74, Page 25 of the Public Records of Miami-Dade County, Florida, dated
02-10-82.
2. The Westerly line of the subject easement was located and oriented based on the CAD drawing
provided to this office from RVL Architects, entitled "Fortune Sunny Isles", First Parking Level, File Name
16-FBA_100, dated October 6, 2003, The minimum tie distance specified on said drawing of 27'-7 1/4"
(or 27.604') was held from said Westerly easement line Easterly to the Erosion Control Line (P,B. 134,
Page 47) as shown hereon.
3. THIS IS NOT A BOUNDARY SURVEY OF ANY PARCEL OF LAND,
FOR SKffCH TO ACCOIIPANY EASEMENT LE:GAI.. DE:SCRIPTlON, SEE SHEff I OF 2.
THIS "SKE:1CH ct LEG4I. DESCRlP1ION. WAS PREPNlED UNDER IiY SlJPf1MS/OH.
fIfo~~ASSOCIATES' :~
fDoIII/HDS, F'IlOFESSlONAL SIIIl\IEYOR ct IIN'PfR ~
or GEOf1IIfY lEl1E1l, F'IlOFESSlONAL SIIIl\IEYOR .. IIN'PfR ~
STAT[ OF I'I.ORII:M
FILE:: 04-198 Sketch&:leqol,dwq
LEITER, PEREZ & ASSOCIATES, INC.
LAND DEVELOPMENT CONSlA.. T ANTS
CML ENGINEERS-LAND SURVEYORS LBI6787
LANDPLANNERS-ENVIRONMENTAL
160 N.W. 176TH ST. . SUITE -403, MIAMI, FLORIOA 33169
PHONE, OAOE (305) 652-5133 BROWARO (95') 524-2202
INTERNET Et.WL.: off.ceOleiterperez.com
REV I S ION:
10/7/04 CHANGED TITLE
11/12/04 REV. NOTE 2 DATE,
NOT VALID IWIHCUT
mE SIGNATURE AND
THE ORIGINI\/. RAISE:D Sfi\L
OF A FLORIDA UCE:NSE:D
SURVEYOR AND MAPPER
DATE: 9-22-04 I JOB NO, ; 04-198
I FILE: L-1712
SHEET 2 OF 2
OR BK 23720 PG 4910
LAST PAGE
JOINDER AND CONSENT OF MORTGAGEE
..
The undersigned, HSBC Realty Credit Corporation (USA), a Delaware corporation ("Mortgagee"), owner'.
and holder of that certain Amended and Restated Mortgage, Assignment of Leases and Rents and Security
Agreement and Notice of Future Advance (the "Mortgage") from Fortune Beach, LLC, a Florida limited
liability company, in favor of Mortgagee, recorded on September 16, 2004, in Official Records Book
22660, at Page 2219, of the Public Records of Miami-Dade County, Florida, encumbering all of the
Property described in Exhibit "A" of the foregoing Declaration of Restrictions and Grant of Easements
(the "Declaration"), does hereby acknowledge and join in the terms of the Declaration and agree that the
lien, operation and effect of the Mortgage and any related loan documents shall be subject, subordinate
and inferior in all respects to the terms and provisions of the Declaration, including the easements created
thereby.
IN WITNESS WHEREOF, these presents have been executed this..JZ-rt day oft),{emlet ,2004.
Signed, sealed and delivered
in the presence of:
HSBC REALTY CREDIT CORPORATION, (USA) a
Delaware corporation
~~4W
~~~
N e: ~Pef/J1J~
By: &~~tlM
Its: ~ ~ '-
[Corporate Seal]
State of Florida )
) ss:
County of Miami-Dade )
The foregoing instrument was acknowledged before me by (j(,'<;;lcp!rr A, Wh~, as V,'(.~ Pr(1~/ktof
HSBC Real Credit Corporation (USA), a Delaware corporation, on behalf of the corporation, who is
personally known to m r has produced as identification.
WITNESS my hand and official seal III the County and State aforesaid, on this ;2Z~ay of
V (:I'YY\ her , 2004.
,.~~t';".","
~..,'~ JOSIASN DEWEY
!.; ':~ MY COMMISSION' DO 143424
. EXPIRES: September 28 2006
Bonded Thru NolaIy PtmIic u~
My Commission Expires:
MIADOCS 750480 I