HomeMy WebLinkAboutResolution Zoning 04-Z-84
RESOLUTION NO. O~-Z-~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE
ZONING APPLICATION SUBMITTED BY RESIDENCES AT OCEAN
GRANDE, INC. AND ROYAL DEVELOPMENT HOLDINGS, LLC., (THE
"APPLICANT"), (Z2003-10) FOR TRANSFER OF DEVELOPMENT
RIGHTS ("TDRs"), IN THE AMOUNT OF 54 DWELLING UNITS AND
92,103 SQUARE FEET OF FLOOR AREA, PURSUANT TO SECTION
265-23 OF THE CITY'S LAND DEVELOPMENT REGULATIONS
(LDR's), AND SITE PLAN APPROVAL, PURSUANT TO SECTION 265-18
OF THE LDR's, AND THE UTILIZATION OF 1.50 BONUSES OF FLOOR
AREA RATIO (FAR) TO PERMIT THE DEVELOPMENT OF "THE
ROYALE", A 45 STORY, 391 UNIT CONDOMINIUM PROJECT, ON
THE PROPERTY LOCATED AT 18101-18225 COLLINS A VENUE,
SUBJECT TO CERTAIN CONDITIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
I. RECITALS.
WHEREAS, on June 20, 2003, RESIDENCES AT OCEAN GRANDE, INC. AND
ROYAL DEVELOPMENT HOLDINGS, LLC., (the "Applicant") submitted an application to
the City of Sunny Isles Beach, Florida ("the Application") (Z2003-10), requesting the following:
1 Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a transfer of 92,103 square feet of development
rights and 54 dwelling units from the City TDR Bank to the Project.
2 Pursuant to Section 265-18, of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting site plan approval for a 45 story 391-unit
condominium project named ''The Royale" (the "Project").
LEGAL:
Site 1
A portion of Tract "P" of NORTH BISCA YNE BEACH, according to the Plat
thereof, as recorded in Plat Book 44, at Page 42, of the Public Records of Miami-
Dade County, Florida, described as follows:
Begin at the Southwest corner of said Tract "P"; thence North 30 04' 26" East,
along the East right-of-way line of Collins A venue a distance of 291.00 feet;
Thence South 860 57' 15" East, a distance of 503.68 feet to a point on the erosion
control line;
Thence South 60 01' 12" West; a distance of 239.00 feet;
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Thence South 860 58' 06" West, a distance of 494.20 feet to the said Southwest
corner of said Tract "P" and the Point of Beginning.
Site 2
A Portion of Tract "P" and the Southerly 100.00 feet of Tract "0", as measured at
90 degrees to the Southerly boundary of said Tract "0", of "North Biscayne
Beach", according to the Plat Thereof, as recorded in Plat Book 44, at Page 42 of
the Public Records of Miami-Dade County, Florida, described as follows:
Commence at the Southwest Corner said Tract "P",
thence North 30 04' 26" East, along the East Right-of-Way Line of Collins
A venue, a distance of 291.00 feet to the Point of Beginning:
thence continue North 30 04' 26' East, a distance of 312.43 feet;
thence North 860 58' 06' East, a distance of 525.35 feet to a point on the Erosion
Control Line;
thence South 04035' 08" W along said line, a distance of 9.88 feet;
thence South 06001' 12" West, along said line, a distance of 358.65 feet;
thence North 860 57' 15" West, a distance of 503.68 feet to the East Right-of-
Way of Collins A venue and the Point of Beginning.
Site 3
The North 300 feet of the South 400 feet of Tract "0" as measured at right angles
to the Southerly Boundary of said Tract "0" AMENDED PLAT OF NORTH
BISCA YNE BEACH, according to the Plat thereof, as recorded in Plat Book 44
at Page 42, of the Public Records of Miami-Dade County, Florida. All the
property thereof is bounded on the East by the Erosion Control Line of the
Atlantic Ocean, said the recorded in Plat Book 134 at Page 47, of the Public
Records of Miami-Dade County, Florida.
ADDRESS: 18101-18225 Collins Avenue;
WHEREAS, on June 3, 2004, the City Commission conducted a public hearing on the
Application; 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 Application; and
WHEREAS, the City Commission reviewed the Application, 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 Application, including the
recommended conditions, and found substantial competent evidence to support a showing by the
Applicant that the requests for the transfer of development rights and for site plan approval are in
compliance with the Land Development Regulations and the Comprehensive Master Plan of the
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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. INCORPORA TION 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 for approval of the Property as a receiver site and for approval of
the transfer of 54 dwelling units and 92,103 square feet of development rights from the City's
TDR Bank to the Property, pursuant to Section 265-23 of the Code of the City of Sunny Isles
Beach, is hereby granted, and, subject to conditions outlined herein, the City Commission finds
such transfer consistent with the goals, policies and objectives of the Comprehensive Plan and
the expressed purpose of Section 265-23 of the Code of the City of Sunny Isles Beach as further
amended by Ordinance No. 2004-200 .
B. The Applicant's request for approval of the site plan submitted for the Project known as
"The Royale" is hereby granted and said site plan is hereby approved, subject to the actual
transfer of the development rights, and to all of the conditions provided in Section IV of this
Resolution.
IV. CONDITIONS
A. Conditions to be comoleted before below I!rade or buildinS! oermits. includinS!
foundation oermits. are issued or construction of any nature is commenced
1. That the Applicant shall submit any and all other documentation and payments required
by the City to effectuate the transfer of development rights and further procedures being
developed to effectuate this program, notwithstanding the fact that such procedures may
be formally adopted subsequent to this particular approval, prior to submitting for
building permit.
2. That the Property be developed substantially in accordance with the plans previously
submitted for public hearing for "The Royale," and on file, prepared by The Sieger
Suarez Architectural Partnership, consisting of 35 sheets, sheets 1,4,4.1,5 and 6 dated
stamped received 4-6-04, the remaining sheets dated stamp received 3-4-04, and plans
entitled "Photometric Site Plan", prepared by PES Mechanical and Electrical Engineer
dated, signed 2-19-04, and plans "Overall Site Plan and Median Improvements, Site
Plan, Overall Utility Coordination Plan Phase I, II, and ill, Utility Plan Phase III, Utility
Notes and Detail", consisting of 6 sheets, prepared by Thomas Checca, P.E., dated
stamped received 3-4-04. That the applicant modify the plans to provide for a 15,000
square foot Ocean Front Park.
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3. 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 shall be consistent
with the specific 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 recommendations and these conditions. Should compliance with these conditions
and recommendations result in a change that would not be considered "minor" in
accordance with Section 265-18 (I) of the Code of Sunny Isles Beach, the Applicant shall
be required to obtain another approval by the City Commission.
4. 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 fifteen thousand (15,000) square foot
public oceanfront park (the "Oceanfront Park") and, if applicable, other amenities. The
plot plan shall show the type and size of plant materials, which shall be in compliance
with the City's Streetscape Master Plan.
5. That the Applicant submit a Declaration of Restrictive Covenants (the "Declaration") in
recordable form, in accordance with the provisions of Section 265-23.7.1(e) of the Code
of Sunny Isles Beach amending and modifying that recorded Declaration dated
September 5, 2003 and recorded at OR Book 21608 Page 4240- 4280 in the Public
Records of Miami-Dade County, FL, in a form and content_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 landscaping Streetscape
Easement, and the fifteen thousand (15,000) square foot Oceanfront Park, and easements
over, across, under and through all of these easements, 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 including any other provisions provided in the prior
declaration not mentioned herein.
6. 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 and lighting (the "Public Amenities"). The Applicant shall
maintain all of the easement parcels, including but not limited to the Beach Access
Easement, Landscaping Streetscape Easement, and Oceanfront Park, in perpetuity, to a
standard reasonably acceptable to the City Manager.
7. That the applicant submit evidence of purchase of the required 92,103 square feet of
TDR's and 54 units for the approval of the City administration, which shall then, in
accordance with Section 265-23.7.2, of the Code of Sunny Isles Beach advise the City
Commission that this condition has been met and which shall at the same time submit a
resolution for approval of a revised Bank Statement, adjusted to reflect the approved site
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and the units of TDR's attributable to The Royale, which Bank Statement shall also
reflect all approved sites and the units of TDR's attributable to each site.
9. 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
bonus for Phase 3 of the development. under Section 265-35(D)(9)[2](c) of the Code of
the City of Sunny Isles Beach, In the event Applicant has done so and prior to issuance
of Certificate of Use, the Applicant shall acquire the following Floor Area Ratio Bonuses:
a)
b)
c)
e)
Beach Access Trust Fund
Public Beach Rec. Enhancement
Collins Ave Streetscape
Sunny Isles Public Parking
0.20 FAR
0.50 FAR
0.30 FAR
0.20 FAR
$ 513,800
$ 1,284,500
$ 770,700
$ 513,800
The total contribution for all Floor Area Ratio bonuses for the Project is $3,082,800
10. 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 (FOOT).
11. 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.
12. That no wall, fence, or visual obstruction of any kind shall be placed within 25 feet of the
Collins A venue public right of way and no such wall or fence shall in any way obstruct
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.
13. 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.
14. 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.
15. That under grounding of utilities shall be accomplished as mandated by Section 250-09
thru 250-16 and the City Streetscape Master Plan. If not otherwise funded by the Collins
A venue Streetscape contribution provided in Section 265-35 of the Code of Sunny Isles
Beach, 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.
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16. No building permits shall be issued (except for demolition and sales trailers) unless
Applicant has submitted all documents required under this Resolution and all impact fees,
bonuses, and transfer of development right monies, if applicable, and professional fees in
accordance with Section 267 of the Code of Sunny Isles Beach and other applicable Land
Development Regulations due to the City have been paid.
17. 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.
18. That the Applicant contribute to the Off-Street Parking Fund as per Section 265-46 A (2)
(b) for the buy down of 8% (89 parking spaces) of the required parking spaces, for a total
of $890,000 prior to building permit..
B. Conditions to be comoleted before any Certificate of Occuoancv 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 Application
described herein and shall have paid all other fees previously due to the City.
3. That pursuant to Section 267 of the Code of Sunny Isles Beach, the City Manager and lor
hislher 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 him/her 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 a
contractual agreement by and between the City and such consultants and shall be a
continuing obligation of the Applicant. Charges made by the City shall be in accord with
the hourly rates charged by such consultants or hourly rates of employed professionals
and shall be paid within 30 days of submission of City voucher.
4 At the time of submission of any application or thereafter, it is required that an escrow
account be established, from which withdrawals shall be made to reimburse the City for
the cost of professional review services, if any. The Applicant shall then provide funds to
the City for deposit into such account in an amount to be determined by the City
Manager, based on hislher evaluation of the nature and complexity of the application.
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The Applicant shall be provided with copies of any City voucher for such services as they
are submitted to the City When the balance in such escrow is reduced to one-third (113)
of its initial amount, the Applicant shall deposit additional funds into such account to
bring its balance up to the amount of the initial deposit. If such account is not
replenished within thirty days (30) after the applicant is notified, in writing, of the
requirements for such additional deposit, the City may suspend its review of the
application. An application shall be deemed incomplete if any amount shall be
outstanding. A building permit or Certificate of Use and Occupancy 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 funds remaining on deposit.
5. 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 approval, 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, Property/Casualty 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 shall obtain 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 of the
conditions.
2. That the Site Plan approval 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.
5. That all median openings be approved by the City prior to commencement and that the
median openings meet the requirements of the Sunny Isles Beach Median Closing Traffic
Study as approved by City Resolution 2003-598.
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NO BmLDING PERMIT SHALL BE ISSUED (EXCEPT FOR DEMOLITION AND
SALES CENTER) UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS
REFERRED TO UNDER TIDS RESOLUTION AND SHALL HAVE PAID ALL
IMPACT FEES, BONUSES AND TRANSFER OF DEVELOPMENT RIGHTS TO THE
CITY (IF APPLICABLE), OR OTHERWISE PRODUCED EVIDENCE THAT THE
PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III
HEREINABOVE HAVE BEEN TRANSFERRED PROFESSIONAL FEES AS PER
SECTION 267 OF THE CODE 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 WITIDN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY
RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT
CONDITION IS MET. BY ACTING UNDER TIDS APPROVAL, APPLICANT HEREBY
CONSENTS TO ALL THESE TERMS AND CONDITIONS.
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 3rd day of June, 2004.
CITY OF SUNNY ISLES BEACH, FLORIDA
By its City Commission
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Royale Final Resolution
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APPROVED AS TO FORM
AND LEGAL FICIENCY:
VOTE: 5-0
Mayor Norman Edelcup
Vice Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
Royale Final Resolution
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Moved by: ,,~~ \.)R~2ll\J
Second by: C~"t~" "I..GL<c.<;l~
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9
STA TE OF FLORIDA )
)ss:
COUNTY OF DADE )
I, JANE A. IDNES, 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. O4-Z-B:/ adopted by the
City Commission at its meeting held on the '?, rJ day of ~ , 2004.
Issued: ~~ ~2 2bO~
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Jane A. Hines ',r ) ',7_
City Cle~ ~~... ~ ' d ..
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Royale Final Resolution
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111111I111111111I1111111111111111111111111111
CFN 2005R0902820
OR Bk 23720 P9S 4390 - 4393; (9P9S)
RECORDED 03/29/2005 03:33:03
DEED DOC TAX 0.60
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
This instrument prepared by:
David Shear, Esq.
Fieldstone Lester Shear & Denberg, LLP
20 I Alhambra Circle
Suite 601
Coral Gables, FL 33134
When recorded, return to:
Jorge Vera
Director of Zoning
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENT
For Trump Royale
WHEREAS, ROYALE FLORIDA ENTERPRISES, INC., a Florida corporation ("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 18225 Collins Avenue, Sunny Isles Beach, Florida 33160
In accordance with Condition IV A. 5 and 6.of Resolution No. 04-Z-84 adopted by the
CITY OF SUNNY ISLES BEACH (the "City" or "Grantee"), on June 3, 2004, 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 Easement, as described below:
1. Intent. In connection with the Resolution which approved "the Royale" 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 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 the Declaration shall not
be deemed a waiver of such requirement.
j
2. Grant of Easement. Owner does hereby grant and convey to the City the following non-
exclusive easement (the "Easement"): a ten-foot (10') wide landscape easement pursuant to the
City Streetscape Master Plan along the westerly Property line adjacent to Collins Avenue as
specifically described in Exhibit B (the "Streetscape Easement").
3. DesiS!n. Construction. Maintenance. Insurance and Restoration of Easement and
Imorovements.
A. Design and Construction
Owner and its successors and assigns or any condominium or master owners'
association managing the common areas of the Property, shall have the exclusive right to design,
build, furnish and maintain any and all improvements not shown on the site plan approved by the
Resolution (including but not limited to landscaping, irrigation and lighting) located within the
Easement, subject to the approval of the City Manager, in his reasonable discretion. The design
of the improvements and of any and all materials to be used for any and all improvements within
the Easement 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 design and
construction of the Streetscape Easement shall comply with the City Streetscape Master Plan, as
approved by the City. 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 on as otherwise approved by the City. If the landscaping dies or fails to thrive during the
first two years from completion of the initial installation of the landscaping, Owner shall replace
same with landscaping of equivalent species and size.
B. Maintenance
Owner and its successors and assigns or any condominium or master owners' association
managing the common areas of the Property shall at all times maintain the Easement 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 Easement or any subsequent repairs and/or
maintenance thereof, the Owner shall restore the surface of the Easement, as applicable, as near
to its original conditions 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 Easement to its
required condition (the "City's Right to Restore") and thereafter the Owner shall reimburse the
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.
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C. Insurance
Owner, including its successors and assigns, shall maintain, during the terms of this
Declaration, the insurance specified below. A Certificate of Insurance shall be provided to the
City of Sunny Isles Beach's City Manager prior to the effective date of this Declaration as
provided in paragraph four (4). 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 any 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
holders' 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 A.M. Best Company, latest edition. This insurance shall
be in effect as long as this Declaration exists. Failure to continue to provide the insurance
coverage shall constitute a violation of this Declaration.
Compliance with the foregoing requirements shall not relieve Owner, its successors or
assigns of its liability and obligation under this section or any other portion of this Declaration.
The City reserves the right to reasonably amend the insurance requirements by the
issuance of a notice in writing to Owner, its successors or assigns.
4. Effective Date. This grant 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 property
underlying the Easement (the "Easement Parcel") which is not inconsistent with this Declaration,
including, without limitation: (a) the right to grant further non-exclusive Easement on, over,
under and/or across the Easement Parcel (Le., utility and/or access Easement); (b) the right to use
the Easement Parcel 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
Easement Parcel and the Property; service access to, over and from the Easement Parcel and the
Property; installation, maintenance and use of utility facilities and access therefore and
maintenance thereof; the right to conduct any activity upon the Easement Parcel which promotes
the security of the Easement, Easement Parcel or the Property or any persons or property located
3
thereon as long as public access to the beach through the Easement is continuously maintained,
and the right to construct and maintain any signs within the Easement Parcel 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 Easement Parcel. Prior to its exercise of those rights set forth in
(a), (b), or (c) of this paragraph five (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 of the City Manager, who shall
determine, in hislher reasonable opinion, whether the proposed grant, use, or other activity is
inconsistent with the grant of Easement set forth herein and in Resolution No. 04-Z-84.
6. Indemnification. The Grantor, its successors and assigns, hereby agree, for separate
good and valuable consideration the receipt and sufficiency of which are 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
Easement, including but not limited to the failure of the Grantor to maintain the Easement.
7. Valet Parkine. Owner shall provide 24 hour valet parking services for owners of the
Property's condominium units and their guests.
8. City Insoection. As further part of this Declaration, it is hereby understood and agreed
that any official inspector of the City of Sunny Isles Beach 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.
9. Covenant Runnine 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 property owner 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.
10. 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
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.
4
11. Modification. Amendment. Release. The Easement 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 or property owners' 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.
12. 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.
13. Authorization for Deoartment of Buildine: and Zonine: to Withhold Permits and
InsDections. 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.
14. 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.
15. Severability. Invalidation of anyone of these covenants, by judgment of a Court oflaw,
shall not affect any of the other provisions, which shall remain in full force and effect.
16. Reo laces Previously Recorded Easement. The Declaration amends and replaces in its
entirety the Covenant Running With The Land recorded in Official Records Book 21608 at
Pages 4275-4280 of the Public Records of Miami-Dade County, Florida.
17. Inclusion in Declaration of Condominiums. A copy of this recorded Declaration,
including all exhibits attached hereto, shall be included in the Declaration of Condominium
recorded on the Property. The site plans approved by the Resolution are hereby included as
Exhibit "C" to this Declaration by reference as follows:
Plans prepared by The Sieger Suarez Architectural Partnership, consisting of 35 sheets, sheets
1.4,4.1,4.2 and 4.3 dated stamped received 4-6-04, the remaining sheets dated stamped received
3-4-04, and plans entitled "Photometric Site Plan", prepared by FES Mechanical and Electrical
Engineer dated, signed 2-19-04, and plans "Overall Site Plan and Median Improvements, Site
5
Plan, Overall Utility Coordination Plan Phase I, II and III, Utility Plan Phase III, Utility Notes
and Detail, consisting of 6 sheets, prepared by Thomas Checca, P.E., dated stamped received 3-
4-04.
IN WITNESS WHEREOF, Grantor has executed this Declaration this ~\M day of
^^" Q..'"'{ ,2005.
WITNESSES:
C., a
By:
Name:
Its:
c:;: l'-.. b 'i. 'l.€ fZ..
(> a... '-~, t> ~""\
STATE OF FLORIDA )
) ss.
COUNTY OF MIAMI-DADE)
The foregoing Agreement was acknowledged before me this3 '6It day of ~
2005, by Gil Dezer, President of Royale Florida Enterprises Inc., a Florida corporatIOn. He
personally appeared before me and is personally known to me.
~s;..~
Public Notary
My Commission Expires:
[SEAL]
,,'~-:r.~r~~ JOSEPH SILVER
{t. ".f\ MY COMMISSION j/ DD 220322
~, j EXPIRES: June 8, 2007
'" ..,' Bonded Thru Notary Public Underwriters
6
r;.
EXHIBIT "A'
LEGAL DESCRIPTION:
A parUon ar Troc::t .0", recarded In lhe plot or "NORTIi BISCAYNE: BEACH", IS suWiviaion r.cord.d In Phlt Book H 0\ Page
42 or Ihe Public Recard~ 01 ""omi-Cad. Counl~. Flarlda. ond inclUding 'hot portion of the property dacrib.d herean is
bcundad on the eosl by th. Erollon Control Line ror th. Atlantic Ocoon, lold nn. recordod lI'I Plot Baok 134 ot PO\1. 47
or lll. Public: Fl.cords or loIiomi-Code County, FlorldG. moro particularly described os '0110_81
Commence ot lh. Southwesl car"e' 0' Tract -P" Dr soid plol "NORTH BISCA'l'NE BEACH" recorded III Plot Boole 44 ot Page
42: thence North 0.)'01'34. East olong th. Weal line 0' sold Tract '0. and Tract .p. 'or &88.28 f..t to the Polnl of
BeglMin9: .thence Soul., 86'59'411" Eaet lor 30...16 r..tl Ihence South 03.00'\4" W..l lar 80.54 feetj th."ca South
;SJ'23'~8. EoSl lor ':U.6J ,..I: thQnce Savlh 86'511'46" EaS\ Tor 198.04 'eet: thenG' Noflh OS.Sa'38w Eost o'on9 sold
ErCls;on Control line lor ''.is leel; thfUlc:8 North 4'32'14- Eost olang Kid [ro.iofl Control "ine lor 0312.&1 loetj \h.I'Ge
.South 86'5J'43" West 0lQn9 the MDt'th iiI'. 01 t.... South 400 'fect of lfol4 'I',oct -0. for S33,'1e '.81: l.hance South
OJ'O,'J". WII:st 010.'19 tl\e .aid Woc! line 01 Trocl .0. for 217.1,3 feet to the PoInt 01 a.glnftlng.
SURVEYOR'S NOTES:
- This slle n.. in Sections Z and II, TO"l'Ishl!) S2 Soulll, Rang_ 42 EQt, City .f S~y 11I1a, BlICCh, loA/am/-Ooda County,
Florida.
- lond shown hereon cOl'tlaining 152.122 square teet. or 3.492 ocr.., mOl_ or I.....
- lands showl'I hereon ...re not abalroc;led for eallemenb orld/ar rlgkts-gl-...o)' 01 records.
- B"or;"9' tiereCl" afe re1"'r"d la an G:lllumed .,clue ot N 03'0"3.- E IClr the Eost ricJh\ at way line 01 Collins AvO"UII.
This Is "01 a -8aundo"l' SU"'I!I)'- bitt only 1) llraphlc depIction of the dellcrlpUOI\ ....own hereDn,
- ~imension" shown hereon ore bas.d on FarUn, L..~, 5101101, s"etch , 20010- \27.
SURVEYOR'S CERTIFICATION:
I kereby ~.rtjfy thot Uti. "s"elch 01 ee:scrlpUon- woe made under my responsible charlie on No....mb.r 26, 2002. cmd
'melet! the "Iinlmum Technical Standards os :tet 'orlh by Lhe Florida BOQrd al Praf..8'loncl SUN.yO'" and ~QPp.r$ I,.,
Chapter 6LC.l7-5. Flotido Adminlatrot..... Cod., pursuonl to Socllon 472.027, "Lorido Statul"lI.
'!oJot valid wllhollt 1M .l'iJn~lIlr. ,nil III. ClI\glnal ralaed
s601 at.. FkNfcla UcDnalld Su,...~", ,lid l.lapplW"
FOR~IN' L . S IlES, INC., LB3853
B)I: __ _~~~__.:.__
oniel C, Fortin, ror Th. F'!rm
Surv")lor C1nd UOPPllf, LS28SJ
Stole 0/ Flo,ldQ
J*tr
Drll"D !ly DCF"JR
Clld. No. 021381
I ReI. PW'~. 2001-127
PI..U"d: 11/26/02 4:1Jp
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r DESCRIPTION, NOTES & CERTlFICA nON I
FORTIN, LEAVY, SKILES, INC,
CONSULTING ENGTNEERS, SURVEYORS AND MAPPERS
ISD "'''I'IJl...t J'8U1. .S'Q-".t I )/o,u. MI.",I B..ClII, /'torida. ;gl..
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SKETCH OF DESCRIPTION
FORTIN, LEA VY, SKILES, INC.
CONSULTING ENGINEERS. SURVEYORS AND MAPPERS
110 NOI1beut I""th. Stree' / NOIih "Jaml Beecb. Florida. 331fIB
Ph. 305-863-44<<1/ l'ax 306-651-7168
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OR BK 23720 PG 4898
LAST PAGE
JOINDER AND CONSENT OF MORTGAGEE
The undersigned, Bank of America, N.A. ("Mortgagee") owner and holder of that certain
mortgage from Royale Florida Enterprises, Inc., a Florida corporation, recorded in Official
Records Book 22928, Pages 2183-2227 in the Public Records of Miami-Dade County, Florida
encumbering all/or portion of the property described in the foregoing Declaration of Restrictions
and Grant of Easement ("Mortgage"), does hereby acknowledge and join in the tenns of this
Declaration of Restrictions and Grant of Easement for the purpose of agreeing 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 tenns and provisions of the Declaration of
Restri~tions and Grant of Easement, including the easement created thereby.
IN WITNESS WHEREOF, these presents have been executed this L day of ~ UKll
2005.
~
L...J;s ^ M . -levc." '"
Print or Type Name
BANK OF AMERICA
By: E:<1LL ~ ~~~
Title: Vi u R-{!~\ QKi
Print name: \--\2JU'\ h. Mhr~fLL{)
Address: 40 \ ~ I LAs D \()y.:) 1> \vel
~L\o -"&\d- ~ --{)Lp
\=""{)l-\- ~J.aL- FL ~-;o 0\
(w.~, ~
Print or Type ame
(Corporate Seal)
STATE OF FLORIDA
~\)W~
COUNTY OF I) A.
)
)SS
)
H:\lIBRAR Y\clients\dczer\declaration of restrictions (trump Royale XO I ),doc
regoing instrument was acknowled~~d before me this 3- day of ~W\.L ·
\ \.: ,m VI {L9-e i::J' ~ of Bank of America, N.A.. on behalf
entity. H She is personally known to me or has produced
, as identification and did/did{!ot e an oath.
~\\\\"III"'"",1.
~,'t/. ULlNE' ~ ~II~
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otary U IC, ate 0 on a ~ ....~~MISS/O;...~~
Print Name: ~ .~ ~\ober9 ~.. '::.
="'; (') '~~.. ~
My Commission Expires: ::. 'Z. W. ~ ::
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The
2005, by
of such
7
111111I111111111I1111111111111111111111111111
CFN 2005R0902819
OR Bk 23720 P9S 4871 - 4889; C19p9s)
RECORDED 08/29/2005 08:33:08
DEED DOC TAX 0.60
SURTAX 0.45
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
This instrument prepared by:
David Shear, Esq,
Fieldstone Lester Shear & Denberg, LLP
201 Alhambra Circle
Suite 601
Coral Gables, FL 33134
When recorded, return to:
Jorge Vera
Director of Zoning
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS
WHEREAS, Sunny Isles Luxury Ventures, L.C., a Florida limited liability company, as
trustee for Sunny Isles Luxury Ventures, Inc., a Florida corporation ("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 18001 Collins Avenue, Sunny Isles Beach, Florida 33160
In accordance with Conditions IV A. 5 and 6. of Resolution No. 04-Z-84 adopted by the
CITY OF SUNNY ISLES BEACH (the "City" or "Grantee"), on June 3, 2004, the
("Resolution"), the Owner, its successors and assigns, freely, voluntarily and without duress,
makes the following Declaration of Restrictions and Grant of Easements ("Declaration")
covering and running with the Property and grants the following easements, as described below:
1. Intent. In connection with the Resolution, 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 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 the 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 twenty
feet (20') 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 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 ten-foot (10') wide landscape easement pursuant to the City Streetscape Master Plan along the
westerly Property line adjacent to Collins Avenue, as specifically described in Exhibit C (the
"Streetscape Easement"); and (iii) a minimum of fifteen thousand (15,000) square foot public
oceanfront park easement as specifically described on attached Exhibit D (the "Oceanfront
Park"). The Beach Access Easement and Oceanfront Park 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. Desie:n. Construction. Maintenance. Insurance and Restoration of Easements and
Improvements.
A. Design and Construction
Owner and its successors and assigns or any condominium or master owners'
association managing the common areas of the Property, shall have the exclusive right to design,
build, furnish and maintain any and all improvements not shown on the site plan approved by the
Resolution (including but not limited to landscaping, irrigation and lighting) located within the
Easements, subject to the approval of the City Manager, in his reasonable discretion. The design
of the improvements and 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 lighting. The Beach Access Easement and the
Oceanfront Park shall be landscaped and equipped with public amenities including, but not
limited to, benches, and lighting, (the "Public Amenities") and the Oceanfront Park shall contain
a shower and a drinking fountain. The design and construction of the Streetscape Easement shall
comply with the City Streetscape Master Plan, as approved by the City. 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. If
the landscaping dies or fails to thrive during the first two years from completion of the initial
installation of the landscaplng, Owner shall replace same with landscaping of equivalent species
and size.
B. Maintenance
Owner and its successors and assigns or any condominium or master owners' association
managing the common areas of the Property shall at all times maintain the Easements (including
2
any and all Public Amenities 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 Easement or any subsequent
repairs and/or maintenance thereof, the Owner shall restore the surface of the Easements, as
applicable, as near to its original conditions 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 the 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, including its successors and assigns, shall maintain, during the terms of this
Declaration, the insurance specified below. A Certificate of Insurance shall be provided to the
City of Sunny Isles Beach's City Manager prior to the effective date of this Declaration as
provided in paragraph four (4). 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 any 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
holders' 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 A.M. Best Company, latest edition. This insurance shall
be in effect as long as this Declaration exists. Failure to continue to provide the insurance
coverage shall constitute a violation of this Declaration.
Compliance with the foregoing requirements shall not relieve Owner, its successors or
assigns of its liability and obligation under this section or any other portion of this Declaration.
The City reserves the right to reasonably amend the insurance requirements by the
issuance of a notice in writing to Owner, its successors or assigns.
3
4. Effective Date. These grants of Easements shall not become effective until they are
recorded in the Public Records of Miami-Dade County.
5. Reservation. Grantor hereby reserves all rights of ownership in and to the property
underlying the Easements (the "Easement Parcels") 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 Easement Parcels (i.e., utility and/or access easements); (b) the
right to use the Easement Parcels 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 Parcels and the Property; service access to, over and from the Easement
Parcels and the Property; installation, maintenance and use of utility facilities and access
therefore and maintenance thereof; the right to conduct any activity upon the Easement Parcels
which promotes the security of the Easements, Easement Parcels 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 Easement
Parcels 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 Easement Parcels. Prior to its
exercise of those rights set forth in (a), (b), or (c) of this paragraph five (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 of the City Manager,
who shall determine, in hislher reasonable opinion, whether the proposed grant, use, or other
activity is inconsistent with the grant of easements set forth herein and in Resolution No. 04-Z-
84.
6. Indemnification. The Grantor, its successors and assigns, hereby agree, for separate
good and valuable consideration the receipt and sufficiency of which are 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.
7. Valet ParkinS!. Owner shall provide 24 hour valet parking services for owners of the
Property's condominium units and their guests.
8. City Insoection. As further part of this Declaration, it is hereby understood and agreed
that any official inspector of the City of Sunny Isles Beach 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.
9. Covenant RunninS! 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,
4
and its heirs, successors and assigns (including, without limitation, any ensuing condominium
association or property owner 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.
10. 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
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.
11. 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 or property owners' 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.
12. 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.
13. Authorization for Department of BuildinlZ and ZoninlZ 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.
14. 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.
15. Severability. Invalidation of anyone of these covenants, by judgment of a Court of law,
shall not affect any of the other provisions, which shall remain in full force and effect.
5
16. Reo laces Previously Recorded Easements. The Declaration amends and replaces in its
entirety the (i) Beach Access and Landscaping Easements Agreement dated August 7, 2003 and
recorded in Official Records Book 21608 at Pages 4240-4253 of the Public Records of Miami-
Dade County, Florida, and the (ii) Beach Park Easement Agreement dated August 7, 2003,
recorded in Official Records Book 21608 at Pages 4254-4263 of the Public Records of Miami-
Dade County, Florida, and (iii) the Covenant Running With The Land recorded in Official
Records Book 21608 at Pages 4264-4269 ofthe Public Records of Miami-Dade County, Florida.
IN WITNESS WHEREOF, Grantor has executed this Declaration this ~ day of
"-^-- , 2005.
...
WITNESSES:
SUNNY ISLES LUXURY VENTURES, LC, a
Florida limite liability company, as stee for
Sunny Isles ntures, Inc., a Flo . a corporation
~
~ .......o~
By:
Name: ~ 'L ha'2.e n
Its: -A" ~ ~
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE)
ss.
The foregoing Agreement was acknowledged before me this ~day of ""-__ ,
2005, by cD, '- ~ t..tc....l1R , the M...&:l.~cf.sa. of Sunny Isles Luxury Ventures,
LLC, a Florida limited liability company as trustee for Sunny Isles Ventures, Inc., a Florida
corporati n U", h .fore me and is personally known to me.
l~~:;'t;:~({.. JOSEPH SILVER ~
h~}:1 MY COMMIS~ION # DO 220322 _ ~ ~
~. .....'k"/ EXPIRES, June.8, 2007 - _~ c:::::.
, 'P'f"f,..' BondodThruNoIaJyPublicUnderwrlters Public Notary
My Commission Expires:
[SEAL]
The undersigned trust beneficiary hereby joins in the execution of this Agreement.
By:
6
STATE OF FLORIDA )
) ss.
COUNTY OF MIAMI-DADE)
The foregoing Agreement was acknowledged before me this ~ day of ,.... _ ,
2005, by Gil Dezer, the President of Sunny Isles Luxury Ventures, Inc., a Florida cOfp~tion He
personally appeared before me and is pe!sonally known to me.
J__ _.r ~
Public Notary
My Commission Expires:
[SEAL]
",.iit.~rt:- JOSEPH SILVER
f:~ \,.\ MY COMMISSION # DO 220322
p",ji EXPIRES: June,a, 2007
.....',,' Bonded Thru Notary Public Underwrilers
H:\LIBRARY\Clients\Dezer\declaration of restrictions (sunny isles)(02),doc
7
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
NON CONDOMINIUM LOT:
The Non-Condominium Lot as described in the Declaration of Covenants, Restrictions and
Easements for Trump Grande Ocean Resort and Residences recorded in Official Records Book
21007, Page 444 as follows:
A portion of Tract "P", recorded in the plat of "NORTH BISCA YNE BEACH", a subdivision
recorded in Plat Book 44 at Page 42 of the Public Records of Miami - Dade County, Florida.
All of the Property described herein is bounded on the east by the Erosion control line for the
Atlantic Ocean, said line recorded in Plat Book 134 at 47 of the Public Records of Miami - Dade
County, Florida, more particularly described as follows:
Beginning at the Southwest comer of said Tract "P", thence N03 degrees 01 '34 "E along the West
line of said Tract "P" for 291.00 feet; thence S87 degrees 01 '50" E for 504.01 feet; thence S05
degrees 58'38" W along said Erosion control line for 239.00 feet; thence S86 degrees 53'43" W
along the South line of said Tract "P" for 494.53 feet to the Point of Beginning.
LESS AND EXCEPT THE GARAGE LOT WHICH IS DESCRIBED AS FOLLOWS:
SERVICE/GARAGE LEVEL:
A portion of Tract "P" of, Amended Plat North Biscayne Beach, according to the plat thereof as
recorded in Plat Book 44 at Page 42, of the Public Records of Miami - Dade County, Florida,
being more particularly described as follows:
Commence at the Southwest corner of said Tract "P", thence N86 degrees 53'43" E along the
South line of said Tract "P" for 116.27 feet; thence N03 degrees 06'17" W for 25.37 feet to the
Point of Beginning; thence continue N03 degrees 06'17" W for 8.17 feet; thence N86 degrees
53'43" E for 6.33 feet; thence N03 degrees 06'17" W for 30.67 feet; thence N48 degrees 00'01" E
for 38.48 feet; thence N86 degrees 53'43" E for 20.17 feet; thence N48 degrees 00'03" E for 9.63
feet; thence S41 degrees 59'57" E for 7.17 feet; thence N86 degrees 53'43" E for 1.73 feet;
thence S03 degrees 06'17" E for 20.47 feet; thence N86 degrees 53'43" E for 14.27 feet; thence
N03 degrees 17'03" W for 11.29 feet; thence N48 degrees 00'03" E for 7.73 feet; thence N86
degrees 53'43"E for 10.00 feet; thence N03 degrees 00'03" E for 24.52 feet; thence S86 degrees
59'57" E for 15.65 feet; thence N48 degrees 00'03" E for 1.51 feet; thence N41 degrees 59'57" W
for 6.05 feet; thence N03 degrees 00'03" E for 54.85 feet; thence N48 degrees 00'03" E for 6.05
feet; thence N41 degrees 59'57" W for 62.70 feet; thence N86 degrees 59'57" W for 52.01 feet;
thence N03 degrees 00'03" E for 23.70 feet; thence N86 degrees 59'57" W for 43.33 feet; thence
N03 degrees 00'03" E for 26.93 feet; thence S87 degrees 01'50" E for 337.75 feet; thence S03
degrees 00'03" W for 220.65 feet; thence S86 degrees 53'43" W for 310.10 feet to the Point of
Beginning.
The above described perimetrical boundary lies within elevation + 16.00 feet and below relative
to the National Geodetic Vertical Datum of 1929.
AND
LOBBY LEVEL:
A portion of Tract "P" of Amended Plat North Biscayne Beach, according to the plat thereof as
recorded in Plat Book 44, at Page 42, of the Public Records of Miami - Dade County, Florida,
being more particularly described as follows:
Commence at the Southwest comer of said Tract "P", thence N 03 degrees 01'34" E along the
East right-of-way line of Collins Avenue for 291.00 feet; thence S87 degrees 01'50" E for 102.01
feet to the Point of Beginning; thence S03 degrees 00'03" W for 22.78 feet; thence S86 degrees
59'57" E for 32.33 feet; thence S03 degrees 00'03" W for 21.33 feet; thence N86 degrees 59'57"
W for 6.33 feet; thence S03 degrees 00'03" for 6,53 feet; thence N86 degrees 59'57" W for 3.29
feet; thence S48 degrees 00'03" W for 7.42 feet; thence S41 degrees 59'57" E for 5.21 feet;
thence N64 degrees 59'01" for 1.51 feet; thence N48 degrees 00'03" E for 11.63 feet; thence S86
degrees 59'57" E for 6.63 feet; thence N03 degrees 00'03" E for 27.86 feet; thence S86 degrees
59'57" E for 21.33 feet; thence S03 degrees 00'03" W for 27.86 feet; thence S86 degrees 59'57"
E for 18.05 feet; thence S41 degrees 59'57" E for 62.70 feet; thence S48 degrees 00'03" W for
6.05 feet; thence S03 degrees 00'03" W for 22.45 feet; thence S48 degrees 00'03" W for 4.07
feet; thence N86 degrees 59'57" W for 2.10 feet; thence S03 degrees 00'03" W for 7.46 feet;
thence S86 degrees 59'57"E for 1.27 feet; thence S41 degrees 59'57"E for 5.24 feet; thence S03
degrees 00'03" W for 11.35 feet; thence S48 degrees 00'03" W for 31.08 feet; thence S41 degrees
59'57" E for 11.00 feet; thence S48 degrees 00'03" W for 19.30 feet; thence S03 degrees 17'03"
E for 11.29 feet; thence S86 degrees 53'43" W for 35.89 feet; thence N41 degrees 59'57" W for
33.61 feet; thence S46 degrees 26'55" W for 36.08 feet; thence S03 degrees 06'17" E for 45.75
feet; thence N86 degrees 53'43" E for 310.10 feet; thence N03 degrees 00'03" E for 32.53 feet;
thence S87 degrees 02'35" E for 5.00 feet; thence N02 degrees 57'25" E for 5.16 feet to a point
on a circular curve concave to the Northwest and whose radius point bears N05 degrees 00'22"
W; thence northeasterly along a 14.55 foot radius curve leading to the left having a central angle
of 85 degrees 39'45" and for an arc distance of 21.75 feet; thence N03 degrees 00'03" E for
161.75 feet; thence N86 degrees 59'57" W for 7.51 feet; thence N03 degrees 00'03" E for 3.50
feet; thence N86 degrees 59'57" W for 9.99 feet N03 degrees 00'03"E for 2.36 feet; thence N87
degrees 01 '50" W for 319.12 feet to the Point of Beginning.
The above described perimetrical boundary lies between elevation +16,00 feet and elevation
+26.29 feet relative to the National Geodetic Vertical Datum of 1929.
AND
POOL/RESTAURANT/2nd LEVEL:
A portion of Tract "P" of, Amended Plat North Biscayne Beach, according to the plat thereof as
recorded in Plat Book 44 at Page 42, of the Public Records of Miami - Dade County, Florida,
being more particularly described as follows:
Commence at the Southwest comer of said Tract "P", thence N86 degrees 53'43" E along the
South line of said Tract "P" for 286.15 feet; thence N03 degrees 06'17" W for 63.00 feet to the
Point of Beginning; thence N03 degrees 06'17" W for 1.99 feet to a point on a circular curve
concave to the East; thence Northeasterly along a 14.00 foot radius curve leading to the right
through a central angle of32 degrees 10'58" for an arc distance of7.86 feet; thence N59 degrees
13'41" W for 1.94 feet; thence N32 degrees 02'34" E for 10.77 feet to a point on circular curve
concave to the North and whose radius point bears N31 degrees 47'02" E; thence Easterly along
a 29.06 foot radius curve leading to the left through a central angle of 72 degrees 08'36" for an
arc distance of 36.59 feet to a point of reverse curvature; thence Easterly along a 38.84 foot
radius curve leading to the right through a central angle of 72 degrees 14'23" for an arc distance
of 48.98 feet to a point of reverse curvature; thence Easterly along a 29.59 foot radius curve
leading to the left through a central angle of 60 degrees 15'37" for an arc distance of 31.12 feet;
thence S28 degrees 51 '49" E for 11.50 feet; thence S64 degrees 10'57"W for 2.29 feet; thence
S28 degrees 51'49" E for 7.99 feet; thence N86 degrees 53'43"E for 1.91 feet; thence N03
degrees 00'03" E for 11.74 feet; thence S86 degrees 59'57" E for 19.53 feet; thence S02 degrees
59'44" W for 9.65 feet; thence S86 degrees 53'43" W for 144.25 feet to the Point of Beginning.
The above described perimetrical boundary lies between elevation +40.87 feet and elevation
+52.20 feet relative to the National Geodetic Vertical Datum of 1929.
AND
UPPER LOBBY/lst LEVEL:
A portion of Tract "P" of, Amended Plat North Biscayne Beach, according to the plat thereof as
recorded in Plat Book 44, at Page 42, of the Public Records of Miami - Dade County, Florida,
being more particularly described as follows:
Commence at the Southwest comer of said Tract "P", thence N86 degrees 53'43" E along the
South line of said Tract "P" for 116.27 feet; thence N03 degrees 06'17" W for 25.37 feet to the
Point of Beginning; thence N03 degrees 06'17" W for 45.71 feet; thence N48 degrees 00'39" E
for 20.71 feet to a point on a circular curve concave to the North and whose radius point bears
N32 degrees 07'07"E; thence Southeasterly along a 76.34 foot radius curve leading to the left
through a central angle of 1 degree 28'36" for an arc distance of 1.97 feet; thence S41 degrees
59'54" E for 18.75 feet; thence N86 degrees 53'43" E for 61.87 feet; thence N03 degrees 23'17"
W for 16.86 feet; thence N48 degrees 00'03" E for 7.86 feet; thence N41 degrees 59'57"W for
1.12 feet to a point on a circular curve concave to the Southwest and whose radius point bears
N71 degrees 59'57"W; thence northwesterly along a 1.50 foot radius curve leading to the left
through a central angle of 120 degrees 00'00" for an arc distance of 3.14 feet; thence N41
degrees 59'57" W for 2.62 feet; thence N03 degrees 00'03" E for 85.47 feet; thence S86 degrees
59'57"E for 6.08 feet; thence N03 degrees 00'03" E for 40.56 feet; thence N47 degrees 59'35" E
for 7.21 feet; thence N86 degrees 53'43" E for 119.87 feet; thence S03 degrees 00'03" W for
21.62 feet; thence S86 degrees 17'20" E for 26.89 feet; thence N03 degrees 00'03" E for 24.83
feet; thence N86 degrees 53'43" E for 47.00 feet; thence S03 degrees 00'03" W for 4.33 feet;
thence S86 degrees 59'57" E for 1.83 feet; thence N86 degrees 53'02" E for 17.13 feet; thence
S03 degrees 00'03" W for 195.53 feet; thence S86 degrees 53'43"W for 310.10 feet to the Point
of Beginning.
The above described perimetrical boundary lies between elevation +26.29 feet and elevation
+40.87 feet relative to the National Geodetic Vertical Datum of 1929.
LESS AND EXCEPT
A portion of Tract "P" of, Amended Plat North Biscayne Beach, according to the plat thereof as
recorded in Plat Book 44 at Page 42, of the Public Records of Miami - Dade County, Florida,
being more particularly described as follows:
Commence at the Southwest corner of said Tract "P", thence N86 degrees 53'43"E along the
South line of Tract "P" for 116.27 feet; thence N03 degrees 06'17" W for 63.00 feet to the Point
of Beginning; thence continue N03 degrees 06'17" W for 8.08 feet; thence N48 degrees 00'39" E
for 20.71 feet to a point on a circular curve concave to the North and whose radius points bears
N32 degrees 07'07"E; thence easterly along a 76.34 foot radius curve leading to the left through a
central angle of23 degrees 22'36" for an arc distance of31.15 feet; thence S42 degrees 00'25" E
for 10.86 feet; thence N47 degrees 59'35" E for 10.89 feet to a point on a circular curve concave
to the North and whose radius point bears N02 degrees 51'07" W; thence easterly along a 76.34
foot radius curve leading to the left through a central angle of 21 degrees 23'56" for an arc
distance of 28.51 feet; thence N12 degrees 00'25" W for 5.34 feet to a point on a circular curve
concave to the northwest and whose radius point bears N25 degrees 09'49"W; thence
northeasterly along a 71.13 foot radius curve leading to the left through a central angle of 33
degrees 46'07" for an arc distance of 41.92 feet; thence S72 degrees 00'25" E for 5.34 feet to a
point on a circular curve concave to the West and whose radius point bears N59 degrees 50'21"
W; thence northerly along a 76.34 foot radius curve leading to the left through a central angle of
20 degrees 31'26" for an arc distance of27.35 feet; thence N47 degrees 59'35" E for 12.48 feet;
thence N42 degrees 00'25" W for 12.48 feet to a point on a circular curve concave to the West
and whose radius point bears S86 degrees 21 '47" W; thence northerly along a 76.34 foot radius
curve leading to the left through a central angle of 11 degrees 57'41" for an arc distance of 15.94
feet; thence N74 degrees 24'06" E for 4.20 feet to a point on a circular curve concave to the
Southwest and whose radius point bears S74 degrees 24'06" W; thence northwesterly along a
80.54 foot radius curve leading left through a central angle of 43 degrees 39'54" for an arc
distance of 61.38 feet; thence N47 degrees 59'35" E for 17.41 feet; thence N86 degrees 53'43" E
for 176.87 feet; thence S03 degrees 06'25" E for 4.50 feet; thence N86 degrees 53'15" E for
35.53 feet; thence S03 degrees 00'03" W for 148.04 feet; thence N86 degrees 59'57" W for 19.53
feet; thence S03 degrees 00'03" W for 11.74 feet; thence S86 degrees 53'43" W for 294.49 feet to
the Point of Beginning.
The above described perimetrical boundary lies between elevation +35.54 feet and elevation
+40.87 feet relative to the National Geodetic Vertical Datum of 1929.
LESS AND EXCEPT THE CONDOMINIUM HOTEL LOT WHICH IS DESCRIBED AS
FOLLOWS:
A portion of Tract "P" of, Amended Plat North Biscayne Beach, according to the plat thereof as
recorded in Plat Book 44 at Page 42, of the Public Records of Miami - Dade County, Florida,
being more particularly described as follows:
Commence at the Southwest corner of said Tract "P", thence N86 degrees 53'43"E along the
South line of said Tract "P" for 116.27 feet; thence N03 degrees 06'17" W for 70.18 feet; thence
N48 degrees 00'39" E for 20.71 feet to the Point of Beginning being a point on a radius curve
concave to the North and whose radius points bears N32 degrees 13'59" E; thence easterly along
a 76.34 foot radius curve leading to the left through a central angle of 23 degrees 22'36" for an
arc distance of31.15 feet; thence S42 degrees 00'25"E for 10.86 feet; thence N47 degrees 59'35"
E for 10.89 feet to a point on a radius curve concave to the North and whose radius point bears
N02 degrees 51'07"W; thence easterly along a 76.34 foot radius curve leading to the left through
a central angle of21 degrees 23'56" for an arc distance of28.51 feet; thence N12 degrees 00'25"
W for 5.34 feet to a point on a radius curve concave to the northwest and whose radius point
bears N25 degrees 09'49" W; thence Northeasterly along a 71.13 foot radius curve leading to the
left through a central angle of 33 degrees 46'07" for an arc distance of 41.92 feet; thence S72
degrees 00'25" E for 5.34 feet to a point to a point on a radius curve concave to the West and
whose radius point bears N59 degrees 50'21" W; thence northerly along a 76.34 foot radius curve
leading to the left through a central angle of 20 degrees 31 '26" for an arc distance of 27.35 feet;
thence N47 degrees 59'35" E for 12.48 feet; thence N42 degrees 00'25" W for 12.48 feet to a
point on a radius curve concave to the West and whose radius point bears S86 degrees 21 '47"W;
thence northerly along a 76.34 foot radius curve leading to the left through a central angle of 11
degrees 57'41" for an arc distance of 15.94 feet; thence N74 degrees 24'06" E for 4.20 feet to a
point on a radius curve concave to the Southwest and whose radius point bears S74 degrees
24'06" W; thence northerly along a 80.54 foot radius curve leading left through a central angle of
52 degrees 22'54" for an arc distance of 73.64 feet; thence S22 degrees 01 '00" W for 4.20 feet to
a point on a radius curve concave to the South and whose radius point bears S22 degrees 01 '00"
W; thence Westerly along a 76.34 foot radius curve leading to the left through a central angle of
13 degrees 10'08" for an arc distance of 17.55 feet; thence N42 degrees 00'25" W for 11.01 feet;
thence S47 degrees 59'35" W for 10.89 feet to a point on a radius curve concave to the East and
whose radius point bears S02 degrees 51'55"E; thence Southerly along a 76.34 foot radius curve
leading to the left through a central angle of 145 degrees 03'26" for an arc distance of 193.27 feet
to the Point of Beginning.
The above described perimetrical boundary lies between elevation +80.54 feet and elevation
+365.00 feet relative to the National Geodetic Vertical Datum of 1929.
AND:
A portion of Tract "P" of, Amended Plat North Biscayne Beach, according to the plat thereof as
recorded in Plat Book 44, at Page 42, of the Public Records of Miami - Dade County, Florida,
being more particularly described as follows:
Commence at the Southwest corner of said Tract "P", thence N86 degrees 53'43" E along the
South line of said Tract "P" for 116.27 feet; thence N03 degrees 06'17" W for 70.18 feet; thence
N48 degrees 00'39" E for 20.71 feet to the Point of Beginning being a point on a radius curve
concave to the North and whose radius point bears N32 degrees 13'59"E; thence easterly along a
76.34 foot radius curve leading to the left through a central angle of 23 degrees 22'36" for an arc
distance of31.15 feet; thence S42 degrees 00'25" E for 10.86 feet; thence N47 degrees 59'35" E'
for 10.89 feet to a point on a radius curve concave to the North and whose radius point bears N02
degrees 51'07" W; thence easterly along a 76.34 foot radius curve leading to the left through a
central angle of21 degrees 23'56" for an arc distance of28.51 feet; thence Nl2 degrees 00'25" W
for 5.34 feet; thence N42 degrees 05'58" W for 27.47 feet; thence N02 degrees 57'12" E for
31.93 feet; thence S87 degrees 02'45"E for 5.09 feet; thence N02 degrees 58'26" E for 1.89 feet;
thence S87 degrees 02'24" E for 3.85 feet to a point on a radius curve concave to the West and
whose radius point bears N72 degrees 12'40" W; thence northerly along a 37.07 foot radius curve
leading to the left through a central angle of 30 degrees 03'48" for an arc distance of 19.45 feet;
thence N87 degrees 02'45" W for 8.87 feet; thence N02 degrees 57'12" E for 33.57 feet; thence
N47 degrees 57'15" E for 26.64 feet; thence N42 degrees 02'45" W for 1.63 feet; thence N29
degrees 36'13" E for 9.74 feet to a point on a radius curve concave to the Southwest and whose
radius point bears S29 degrees 36'13" W; thence westerly along a 80.54 foot radius curve leading
to the left through a central angle of 07 degrees 35'13" for an arc distance of 10.67 feet; thence
S22 degrees 01 '00" W for 4.20 feet to a point on a radius curve concave to the South and whose
radius point bears S22 degrees 01 'OO"W for 4.20 feet to a point on a radius curve concave to the
South and whose radius point bears S22 degrees 0I'OO"W; thence Westerly along a 76.34 foot
radius leading to the left through a central angle of 13 degrees 10'08" for an arc distance of 17.55
feet; thence N42 degrees 00'25" W for 11.01 feet; thence S47 degrees 59'35" W for 10.89 feet to
a point on a radius curve concave to the East and whose radius point bears S02 degrees 51 '55" E;
thence Southerly along a 76.34 foot radius curve leading to the left through a central angle of 145
degrees 03'26" for an arc distance of 193.27 feet to the Point of Beginning.
The above described perimetrical boundary lies between elevation +67.46 feet and elevation
+80.54 feet relative to the National Geodetic Vertical Datum of 1929.
AND:
A portion of Tract "P" of, Amended Plat North Biscayne Beach, according to the plat thereof as
recorded in Plat Book 44 at Page 42, of the Public Records of Miami - Dade County, Florida,
being more particularly described as follows:
Commence at the Southwest corner of said Tract "P", thence N86 degrees 53'43" E along the
South line of said Tract "P" for 150.00 feet; thence N03 degrees 06'17" W for 100.00 feet to the
Point of Beginning; thence continue N03 degrees 06'17"W for 10.00 feet; thence N86 degrees
53'43" E for 10.00 feet; thence S03 degrees 06'17"E for 10.00 feet; thence S86 degrees 53'43" W
for 10.00 feet to the Point of Beginning.
The above described perimetrical boundary lies between elevation -80.00 feet and elevation -
90.00 feet relative to the National Geodetic Vertical Datum of 1929.
LESS AND EXCEPT FROM THE LEGAL DESCRIPTION OF THE CONDOMINIUM
HOTEL LOT, being any portion thereof which is part of the Shared Essential Components (as
hereinafter defined), Notwithstanding the foregoing legal description, the following components
of the improvements which may be constructed upon property described therein (the "Shared
Essential Components") shall automatically be deemed excluded from the Condominium
(whether or not contained within the legal descriptions) and instead shall be deemed part of the
Non-Condominium Lot (as defined in the Homeowners' Covenants): any and all structural
components of the improvements, including, without limitation, all exterior block walls and all
finishes (paint, stucco etc) and balconies, terraces and/or facades attached or affixed thereto; the
roof;, all roof trusses, roof support elements and roofing insulation; all utility, mechanical,
electrical, telephonic, telecommunications, plumbing and other systems, including, without
limitation, all wires, conduits, pipes, ducts, transformers, cables and other apparatus used in the
delivery of the utility, mechanical, telephonic, telecommunications, electrical, plumbing and/or
other services, serving more than one Condominium Unit (provided that if same shall serve only
one Condominium Unit, the same shall be part of such Condominium Unit which it serves); all
heating, ventilating and air conditioning systems, including, without limitation, compressors, air
handlers, ducts, chillers, water towers and other apparatus used in the delivery of HV AC
services, serving more than one Condominium Unit (provided that if same shall serve only one
Condominium Unit, the same shall be part of such Condominium which it serves); all elevator
shafts, elevator cabs, elevator cables and/or systems and/or equipment used in the operation of
the elevators transversing the Condominium and all trash rooms, trash chutes and any and all
trash collection and/or disposal systems, hallways, stairways, mechanical, janitorial, electrical
and communications rooms (excluding the telephone switch, which shall be part of the exclusive
property of the Non-Condominium Lot) in the Condominium improvements. The Shared
Essential Components shall also include the roadways, walkways, sidewalks, drainage systems,
exterior lighting, planters, landscaping and sprinkler systems located on the Non-Condominium
Lot.
~
"
EXHIBIT B
LEGAL DESCRIPTION:
A portion of Tract .p., recorded in the plot of .NORTH BISCAYNE BEACH., c subdivision recorded in Plot
Book 44 at Page 42 of the Public Records of Miami-Code County, Florida, and including that portion of
the Property described hereon bounded on the east by the Erosion control line far the Atlantic Ocean, said
line recorded in Plot Book 134 at Page 47 of the Public Records of Miami-Dade County, Florida more
particularly described os follows:
Beginning at the Southwest corner of said Tract .p., thence NOS01'34.E along the West line of said Tract
.p" for 25.14 feet: thence N86"53 , 43"E along a line 25 feet north of and parallel with the South line of
Tract .p- for 495.84 feet; thence SOS'S8'38"W along said Erosion control line for 25.32 feet; thence
S86'53'43"W along the South line of said Tract lOp. for 494.53 feet to the POINT OF BEGINNING.
SURVEYOR'S NOTES:
- This site lies in Section 1 1, Township 52 South, Range 42 Eost, City of Sunny Isles Beach,
Miami-Dade County, Florida.
- Lands shown hereon were not abstracted for eosements ond/or rights-of-way of records.
- Bearings hereon are referred to on assumed volue of N 03.01'34. E for the East right of
woy line of Collins Avenue.
- This is not 0 "Boundary Survey- but only 0 graphic depiction of the description shown hereon.
- Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch I 20010-127.
SURVEYOR'S CERTIFICATION:
I hereby certify that this .Sketch of Description. was mode under my responsible charge on
January 28. 2002. and meets the Minimum Technical Standards os set forth by the Florida Boord of
Professional Surveyors and Mappers in Chapter 61G17-S, Florida Administrative Code, pursuant to Section
472.027, Florida Statutes,
"Not valid without the signature and the original raised
seal of a Florida Licensed Surveyor and Mapper"
By:
25 FOOT BEACH ACCESS EASEMENT
Drawn By OCFJR ( SKETCH OF DESCRIPTION 1 Date 1/28/03
Cad. No, 021381 N A
ReI. Dwg. 2001-127 FORTIN, LEA VY, SKILES, INC. 030039
CONSULTING ENGINEERS. SURVEYORS AND MAPPERS wg. NO.1002A-065-9
180 North...t 168th. Street / North MIami Baoh, Florida. 33162
Plotted: 1/28/03 8:450 Ph. 306-8a:J-4f93 / Faze 3OG-BSI-716B Sheet of 2
..... 1""....___1_
LEGAL DESCRIPTION:
EXHIBIT C
A portion of Tract "P-, recorded in the plat of "NORTH BISCAYNE BEACH-, a subdivision recorded in Plat
Book 44 at Page 42 of the Public Records of Miami-Dade County, florida, more particularly described os
fallows:
Beginning at the Southwest corner of said Tract "p-, thence NOS01'J4 -E along the West line of Said Tract
"P" for 291.00 feet; thence S87"01'SO"E for 10,00 feet; thence SOSOl'34"W along 0 line Hi feet
east of and parallel with the West line of said Tract "p" for 289.94 feet; thence S86"5J'4J"W along the
South line of sciid Tract "p" for 10.06 feet to the POINT OF BEGINNING.
SURVEYOR'S NOTES:
- This site lies in Section 11, Township 52 South, Range 42 East, City of Sunny Isles Beach.
Miami-Dade County. florida.
- Lands shown hereon were not abstracted for easements and/or rights-of-way of records.
- Bearings hereon ore referred to on assumed value of N 03"01'34" E for the East right of
way line of Collins Avenue.
- This is not 0 "Boundary Survey- but only 0 graphic depiction of the description shown hereon.
- Dimensions shown hereon ore based on Fortin, LeoV)', Skiles. sketch # 20010-127.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was mode under my responsible charge on
September 12. 2002, and meets the Minimum Technical Standards os set forth by the r10rida Boord of
Professional Surveyors and Mappers in Chapter 61 G 17 -6, Florida Administrative Code, pursuant to Section
472,027, Florida Statutes.
"Not valid without the signature and the original raised
seal of a Florida Licensed Surveyor and Mapper"
10 FOOT EASEMENT
Drawn By OCFJR ( DESCRIPTIO~ NOTES & CERTIFICATION J Date 9/12/02.
Cad. No. 021.381 N A
Ref. Dwg. 2001-127 FORTIN, LEA VY, SKILES, INC. 021.381
CONSULTING ENGINEERS, SURVEYORS AND MAPPERS 1002A-065
Plotted: 180 Northea.t IBBUl. StnNt / North MIamI Beach. FrorIda. 331~
9/12/02 5:J6p Ph. 305-863-4493 / Fu 305-451-7152 of 2
Book21608/Paae4249
D~nQ 1 n nf .. .A
From: 305651 7152
Page: 2/4
Date: 5/9/20052:03:05 PM
EXHIBIT D
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hI: Dw,. 2001-127
1'JcHred: 4/1/05 9:56a
( iOCA TION SKETCH l
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
PLORIDA CBR.TlFICATE OF AUTHORIZATION NUMBER: 00003633
180 Northeast 168th. Su-t I North Miami Boach, Florida. 33162
Phone: 305-653..4493 I Fa. 30$-651-7152 I BmaU AOa1
Deto 1/25/05
Scalo NOT TO SCALE
lob. No. 050128
Dw.. No. 1002A-065-14
SlJeet 1 of 3
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From: 305651 7152
Page: 3/4
Date: 5/9/20052:03:05 PM
EXHIBIT'D
LEGAL DESCRIPTION:
A portion of Tract "P", AMENDED PLAT, NORTH BISCAYNE BEACH, according to the plat thereof. as recorded
in Plat Book 44 at 'Page 42 of the Public Records of Miami-Dade County, Florida, and including that
portion of the Property described hereon bounded on the east by the Erosion Control Une for the Atlantic
Ocean, said line recorded in Plat Book 134 at Page 47 of said Public Records of Miami-Dade County,
Florida, being more particularly described as follows:
Commence at the Southwest comer of said Tract "P", thence N86"53' 43"E along the South line of said
Tract "p" also being the Southerly line of Trump Ocean Grande os described on Fortin Leavy Skiles survey
drawing number 20020-140 for 490.30 feet to the POINT OF BEGINNING of the hereinafter described strip
of land; thence continue N86"5J'43"E for 63.64 feet; thence NOS.58'38"E along said Erosion Control Line
for 239.00 feet; thence H8,01 '50"W along the Northerly line of Trump Ocean Grande os described on said
Fortin Leavy Skiles survey drawing number 20020-140 tor 65.26 feet; thence S03"00'03"W for 167.84 feet
to a point of curvature; thence Southwesterly along a 15.37 foot radius curve leading to the right through
o central angle of 79"15'53" for on ore distance of 21.26 feet to 0 point on 0 non-tangent line; thence
S03'S9'1S"W for 37.04 feet; thence S03"06'17"E for 25.58 feet to the POINT OF BEGINNING.
SURVEYOR'S NOTES:
This site lies in Section 11, Township 52 South, Range 42 East, City of Sunny Isles Beach,
Miami-Dade County, Florida.
- Lands shown hereon were not abstracted for easements and/or rights-of-way of records,
Bearings hereon ore referred to on assumed value of N 03"01 '34" E for the East right of
way line of Collins Avenue.
lands shown hereon containing 15,059 square feet, or 0.346 acres, more or less.
- This is not a "Boundary Survey" but only 0 graphic depiction of the description shown hereon.
- Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch II 20020-127.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was mode under my responsible charge on
January 25, 2005, and meets the Minimum Technical Standards os set forth by the Florida Board of
Professional Surveyors and Mappers in Chapter 61G17-6, Florida Administrative Code, pursuant to Section
472.027, Florida Statutes.
ture and the original raised
Surveyor and Mapper"
..0 ~ -1"'.....
. . .
Daniel C. Fortin, For The Irm
Surveyor and Mapper, LS2S53
State of Florida
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Drawu By ACS r DESCRIPTION, NOTES, & CERTIFICA TION I Dafo 1/25/05
c..d. No. 021381 FORTIN, LEAVY, SKILES, INC. Sc8le NO SCALE
IW: Dwg. lob. No. 050128
2001-127 CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CBllTIPICATB OF AUTHOlUZATION NUMBER: 00003653 Dwg. No. 1002A-065-14
180 Northeast 168th. Street I North Miami Beach,Plozida. 33162
PIoUtd: 4/1/05 9:560 Pboac: 305~3-4493 / FIIX 305-651-7152/ Bmai1 .COID SIJc:ct 2 of 3
This fax was received by GFI FAXmaker fax server, For more information, visit http://www.gfi.com
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'TRACT'" PLAT BOOK 74 PAGE 2~
50.00' 5000' RECORDED FEBRUARY 10. 1982
I RIGHT WA~ S03006'17"E
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LAST PAGE
From: 305 651 7152 Page: 4/4 Date: 5/9/2005 2:03:06 PM
EXHIBIT 1
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DnnvD By ACS ( SKETCH OF DESCRIPTION I DID 1/25/05
Cad. No. 021381 FORTIN, LEA VY, SKILES, INC. &:.lo 1- = 100'
IW nw,. Job. No. 050128
2001 -1 27 CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA Cl!R.TIFICATB OF AUl'HOlUZA'I10N NtJMBJm.: ??oo36$3 Dwg. No. 1002A-065-14
180 Nort:h-.t 168th. Stnet 1 North MiuDi Be8oh. F1arida. 33162
.PIclu.I: 4/t /05 9:560 Phcmo: 305-653-44931 paz 30'-651.71521 BIaai1 .- Sheet 3 of 3
This fax was received by GFI FAXmaker fax server, For more information, visit http://ww.v,gfi.com
111111I111111111I1111111111111111111111111111
CFN 2005R0902818
OR Bk 23720 P9S 4862 - 4870; (9P9S)
RECORDED 08/29/2005 08:33:08
DEED DOC TAX 0.60
SURTAX 0.45
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY. FLORIDA
This instrument prepared by:
David Shear, Esq,
Fieldstone Lester Shear & Denberg, LLP
201 Alhambra Circle
Suite 601
Coral Gables, FL 33134
When recorded, return to:
Jorge Vera
Director of Zoning
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENT
For Trump Palace
WHEREAS, RESIDENCES AT OCEAN GRANDE, INC., a Delaware corporation
("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 18101 Collins Avenue, Sunny Isles Beach, Florida 33160
In accordance with Condition IV A. 5. and 6. of Resolution No. 04-Z-84 adopted by the
CITY OF SUNNY ISLES BEACH (the "City" or "Grantee"), on June 3, 2004, 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 easement, as described below:
1. Intent. In connection with the Resolution, 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 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 the Declaration shall not be deemed a waiver of such
requirement.
U\
2. Grant of Easement. Owner does hereby grant and convey to the City the following non-
exclusive easement (the "Easement"): a ten-foot (10') wide landscape easement pursuant to the
City Streetscape Master Plan along the westerly Property line adjacent to Collins Avenue as
specifically described on Exhibit B (the "Streetscape Easement").
3. Desien. Construction. Maintenance. Insurance and Restoration of Easement and
Imorovements.
A. Design and Construction
Owner and its successors and assigns or any condominium or master owners'
association managing the common areas of the Property, shall have the exclusive right to design,
build, furnish and maintain any and all improvements not shown on the site plan approved by the
Resolution (including but not limited to landscaping, irrigation and lighting) located within the
Easement, subject to the approval of the City Manager, in his reasonable discretion. The design
of the improvements and of any and all improvements within the Easement shall be presented to
the City for its approval prior to construction of such improvements, which approval shall not be
unreasonably withheld or delayed. The design and construction of the Streetscape Easement
shall comply with the City Streetscape Master Plan, as approved by the City. 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 on as otherwise approved by
the City. If the landscaping dies or fails to thrive during the first two years from completion of
the initial installation of the landscaping, Owner shall replace same with landscaping of
equivalent species and size.
B. Maintenance
Owner and its successors and assigns or any condominium or master owners' association
managing the common areas of the Property shall at all times maintain the Easement 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 Easement or any subsequent repairs and/or
maintenance thereof, the Owner shall restore the surface of the Easement, as applicable, as near
to its original conditions 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 Easement to its
required condition (the "City's Right to Restore") and thereafter the Owner shall reimburse the
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, including its successors and assigns, shall maintain, during the terms of this
Declaration, the insurance specified below. A Certificate of Insurance shall be provided to the
City of Sunny Isles Beach's City Manager prior to the effective date of this Declaration as
2
provided in paragraph four (4). 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 any 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
holders' 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 A.M. Best Company, latest edition. This insurance shall
be in effect as long as this Declaration exists. Failure to continue to provide the insurance
coverage shall constitute a violation of this Declaration.
Compliance with the foregoing requirements shall not relieve Owner, its successors or
assigns of its liability and obligation under this section or any other portion of this Declaration.
The City reserves the right to reasonably amend the insurance requirements by the
issuance of a notice in writing to Owner, its successors or assigns.
4. Effective Date. This grant 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 property
underlying the Easement (the "Easement Parcel") which is not inconsistent with this Declaration,
including, without limitation: (a) the right to grant further non-exclusive easements on, over,
under and/or across the Easement Parcel (i.e., utility and/or access easements ); (b) the right to
use the Easement Parcel 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
Easement Parcel and the Property; service access to, over and from the Easement Parcel and the
Property; installation, maintenance and use of utility facilities and access therefore and
maintenance thereof; the right to conduct any activity upon the Easement Parcel which promotes
the security of the Easement, Easement Parcel or the Property or any persons or property located
thereon as long as public access to the beach through the Easement is continuously maintained,
and the right to construct and maintain any signs within the Easement Parcel 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 Easement Parcels. Prior to its exercise of those rights set forth in
(a), (b), or (c) of this paragraph five (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 of the City Manager, who shall
3
determine, in hislher reasonable opinion, whether the proposed grant, use, or other activity is
inconsistent with the grant of easement set forth herein and in Resolution No. 04-Z-84.
6. Indemnification. The Grantor, its successors and assigns, hereby agree, for separate
good and valuable consideration the receipt and sufficiency of which are 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
Easement, including but not limited to the failure of the Grantor to maintain the Easement.
7. Valet Parkine:. Owner shall provide 24 hour valet parking services for owners of the
Property's condominium units and their guests.
8. City Insoection. As further part of this Declaration, it is hereby understood and agreed
that any official inspector of the City of Sunny Isles Beach 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.
9. Covenant Runnine: 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 property owner 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.
10. 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
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.
11. Modification. Amendment. Release. The Easement 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 or property owners' 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.
4
12. 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.
13. Authorization for Deoartment of Buildine: and Zonine: to Withhold Permits and
Insoections. 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.
14. 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.
15. Severability. Invalidation of anyone of these covenants, by judgment of a Court of law,
shall not affect any of the other provisions, which shall remain in full force and effect.
16. Replaces Previously Recorded Easement. The Declaration amends and replaces in its
entirety the Covenant Running With The Land recorded in Official Records Book 21608 at
Pages 4270-4274 of the Public Records of Miami-Dade County, Florida.
IN WITNESS WHEREOF, Grantor has executed this Declaration this .! \ ~ day of
~~ ,2005.
WITNESSES:
5
STATE OF FLORIDA )
) ss,
COUNTY OF MIAMI-DADE)
The foregoing Agreement was acknowledged before me this 3t.a.-day of ,., -- " '
2005, by Gil Dezer, the President of Residence at Ocean Grande Inc., a Delaware corporation.
He personally appeared before me and is personally known to me.
~c NOt:;y= c:;;; .. -
My Commission Expires:
[SEAL]
..~~~ri:t:~ JOSEPH SILVER
g*: ~ ':*~ MY COMMISSION # DO 220322
.:;i EXPIRES: June 8, 2007
":''.i,: ,,<t..- Bonded Thru Notary Public Underwriters
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OR BK 21608 PG 427~
LAST PAGE
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EXHIBIT A
LRGAL DESCRlPT10N
A portion of Tract lip" lU1d Tract 110.', recorded in the plat of ''NORTH BISCAYNE BEACH". a'
subdivision recorded in Plat Book 44 at Page 42 of the Public Records of Miami-Dade County,
Florida, and including that portion of the Property described hereon is bounded on tho oast by the
Erosion control line for the Atlantic Ocean, said line recorded in Plat Boale 134 at Page 41 of the
Public Records ofMiiuni-Dllde County. Florida more particularly described as follows: .
Commence at the Southwest comer of said Tract "pili thence North 3 degrees 01 minute 34 seconds
East along the West line of said Tract "P" for 291.00 feet to the Point of Beginning; thence continue
North 3 degrees 01 minute 34 seconds East along said West line for 397.28 feet; thence South 86
dosrces S9 minutes 46 seconds East for 304. t 6 feet; thence South 03 degrcca 00 minutes 14 seconds
West for 80.54 feet; thence Soqtb.33 degrees 23 minutes S8 Bcco.nds Bast for 31.6;J.feet; thence,
South 86 degrees 59 minutes 46 seconds East for 196.04 feet; thence South os degrees S8 minutes
38 seconds West along said Erosion eontrolline for 291.38 feet; thence North 87 degrees 01 minute
SO seconds West for 504.01 feet to the Point of Beginning. .
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Book21608/Page4274
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Cad. No. 021381 FORTIN, LEA VY, SKILES, INC. Scale 1" = 1 00'
Ref. nw,. Job. No. 030037
2001-127 CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CBR.TlFICATB OF AUTHOlUZATlONNUMBBR: 00003653 nw,.No. 1002A-065-7
PloW; 180 Northout 168th. Street 1 NOl'Ih Mitlmi BlNICb, Florida. 33162
5/12/05 12:540 Phone: 3OS--6S3-44931 Fu: 305-651-71521 Bmail ~.COID Sb<<Jt 2 of 2
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OR BK 23720 PG 4870
LAST PAGE
JOINDER AND CONSENT OF MORTGAGEE
The undersigned, Bank of America, N.A. ("Mortgagee") owner and holder of that certain
mortgage from Residences at Ocean Grande, Inc., a Delaware corporation, recorded in Official
Records 'Book 20898, Page 1851 in the Public Records of Miami-Dade County, Florida
encumbering all/or portion of the property described in the foregoing Declaration of Restrictions
and Grant of Easement ("Mortgage"), does hereby acknowledge and join in the tenns of this
Declaration of Restrictions and Grant of Easement for the purpose of agreeing 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 tenns and provisions of the Declaration of
Restrictions and Grant of Easement, including the easement created thereby.
IN WITNESS WHEREOF, these presents have been executed this 3..cs!. day of :1.lH\.l
2005. .
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Print or Type Name
BANK OF AMERICA, N.A.
By: .eLL i,~
Title: Vi t.L- Pc--l,s; ~A
Print name: H..e..\..tV) L, M~r~~L.p
Address: L11) I E I ~ DI "'-,S 'IS /vl
1=L~ -<6Id--m-OW
FDrt ~dcJ.t. r-L "333D I
WITNESSES:
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Print or Type Name
(Corporate Seal)
STATE OF FLORIDA
~ROw~~t::>
COUNTY OF..MIAMI--DADE
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before me this 3d day of J L.Lo1IU..- .
IT- of Bank of America, N.A., on behalf
She is personally known to me or has produced
, as identification and did/di ot take an oath.
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