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HomeMy WebLinkAboutResolution Zoning 98-Z- 7 RESOLUTION NO. 98-Z-7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A MODIFICATION OF PLANS, APPROVING AN UNUSUAL USE TO PERMIT OUTDOOR DINING IN CONJUNCTION WITH A PROPOSED RESTAURANT; A NON-USE VARIANCE OF LOT COVERAGE REQUIREMENTS TO PERMIT PROPOSED APARTMENT HOTEL WITH A LOT COVERAGE OF 54%; A NON-USE VARIANCE OF ZONING REGULATIONS REQUIRING A 50.29' WIDE VISUAL PASSAGE AREA TO ALLOW A 31' WIDE VISUAL PASSAGE AREA AND BASED UPON A VOLUNTARY PROFFER OF A DECLARATION OF RESTRICTIVE COVENANTS AS ATTACHED AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dezer Properties, LLC and Dezer Hotel Management Ltd., has applied for the following: (1) Modification of plans approved pursuant to Resolution 4-ZAB-163-91, passed and adopted by the Metropolitan Dade County Zoning Appeals Board on June 26, 1991, reading as follows: FROM: "That in the approval of the plan the same be substantially in accordance with that submitted for hearing entitled "Site Plan" consisting of nine sheets as prepared by the Sieger Architectural Partnership; Sheet A-I dated 3-25-91; Sheet Ll-1 dated 2-5-91 and Sheets A-2 through A-6, L-2 and L-3 dated 1-31- 91" TO: "Plans entitled 'Thunderbird West' as prtaJared by Kobi Km:p consisting of Sheets T-L A1-LAl-2 throughAl-4.A2-1 throughA2-5. A3-L A3-2. A4-1 through A4- 3. dated stamped received 7/9/97 and plans entitled 'Thunderbird West' as prtaJared by Witkins Designs Group. dated 11/7/96 on Sheets L 1 & L2," The purpose of this request is to allow the applicant to submit plans showing an apartmentlhotel. (2) Unusual use to permit outdoor dining in conjunction with a proposed restaurant. (3) Non-use variance oflot coverage requirements to permit a proposed apartmentlhotel with a lot coverage of 54% (40% permitted), (4) Non-use variance of zoning regulations requiring a 50.29' wide visual passage area; to waive same to permit a 31' wide visual passage area. Resolution 98-Z-7 SUBJECT PROPERTY: Tract "N' less the south 300' thereof, AMENDED PLAT OF NORTH BISCA YNE BEACH, Plat Book 44, Page 42. LESS AND EXCEPT a 20' strip ofland, adjacent to and contiguous with the north line of said Tract "N" said strip of land being a roadway dedication, Official Records Book 54, Page 548. ADDRESS: 18445 Collins Avenue, Sunny Isles Beach; WHEREAS, a public hearing of the City Commission was advertised and held as required by law and all interested parties concerned in the matter were heard, and upon due and proper consideration having been given to the matter and to the positive recommendations of both the Zoning and Code Administrator and the Building Official; and WHEREAS, on March 26, 1998 the City Commission considered a modification of the applicant's request including a voluntary proffer of a Declaration of Restrictive Covenants attached hereto as Exhibit "A;" and WHEREAS, the City Commission finds that with respect to the non-uses variances requested, they maintain the basic intent and purpose of the zoning regulations as they affect the community, and with respect to the plans submitted as revised, the proposal is generally compatible with the surrounding land use and will be in harmony with the general purpose and intent of the regulations and the health, safety and welfare ofthe citizens of the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, that: (1) That a site plan be submitted to and meet with the approval ofthe Building Official upon the submittal of an application for a building permit; said plans to include among other things but not limited thereto, location of structure or structures, types, sizes and location of signs, light standards, off street parking areas, exits and entrances, drainage, walls, etc. (2) In the approval of the plan, the same be substantially in accordance with that submitted for hearing entitled "Thunderbird West" as prepared by Kobi Karp consisting of 15 sheets (T 1- 3/19/98, Tl-4/3/97, A1.13/19/98, A1.2 throA1.3 - 2/5/98, AlA - 5/16/97, A2.1 throA2.2- 2/10/98, A3.1 thru 3.2 - 3/19/98, A4.1 thru A4.3 - 3/16/97 and two sheets dated stamped received 2/15/98 also landscaping plans entitled "Thunderbird West," prepared by Witkin Design Group dated stamped received 2/15/98 and a Survey prepared by Zurwelle Whitaker, Inc. (3) This approval is subject to the conditions set forth on the recommendations of the Building Official, if any, and the Zoning and Code Administrator which are adopted herein by reference. Resolution 98-Z-7 -2- (4) A recordable Declaration of Restrictive Covenants voluntarily proffered by the Applicant attached hereto as Exhibit "A" be submitted in recordable form to meet with the approval of the Building Official. Such agreement to be executed by all parties having an interest in the land and its improvement. (5) The use be established and maintained in accordance with the approved plans, (6) The applicant submit to the Building Official for its review and approval a landscaping plan which indicates the type and size of plant material prior to the issuance of a building permit and to be installed prior to the issuance of a Certificate of Use and Occupancy. (7) The applicant obtain a Certificate of Use and Occupancy from the City, upon compliance with all terms and conditions, the subject to cancellation upon violation of any of the conditions. (8) The applicant shall receive and submit the approval of the Shoreline Review Committee to the Building Official with the proviso that if the Shoreline Review Committee process requires a substantial change in the approved plans the applicant shall return to the City Commission through the public hearing process for approval of the modifications. (9) The applicant receive and submit the approval of Florida Department of Transportation for the driveway cuts and pedestrian bridge to the Building Official. (10) The pedestrian bridge building setback a minimum of five (5') feet from the east property line. (11) Driveways to Collins Ave must meet current F,D.O,T. access management requirements. (12) Ramp slopes must not exceed 15%, (13) This land must be platted. The road improvements will be accomplished through the recording of a plat. (14) There be no more bathrooms than the number of bedrooms shown on plans and that no bathrooms be located in livinglkitchen egress areas except for single room units as shown on approved plan. (15) There shall be no direct egress from a bedroom into a common corridor which is part of the means of egress from the building, except for single room units shown on the approved plans at the time of site plan approval. (16) The applicant provide a five (5') foot high cbs wall between the residential property abutting it along the northwest corner of the property. (17) No loud speaker be used outside the pool areas or outdoor dining in conjunction with Resolution 98-Z-7 -3- restaurant. (18) No paper products be used by the restaurants for outdoor dining. (19) The applicant acquire all necessary approvals from DERM for the 12-s1ip dock. Separate permit is required for docks, (20) The Building Official may issue permits in accordance with the terms ofthis Resolution. (21) This Resolution shall become effective upon adoption, PASSED AND ADOPTED this 26th day of March, 1998. ATTEST: . '. ,. ~ ~J;~~U~ . ; '" Richard Brown,-Morilla, City Clerk lO/u/qg APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Commissioner Morrow moved and Commissioner Kauffman seconded approval of the requested unusual use variances, and upon a roll call the vote was 5 - 0 in favor: ~es ~es ~es ./ yes ~es Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow no no no no no Resolution 98-Z-7 -4- STATE OF FLORIDA ) )55: COUNTY OF DADE ) I, RICHARD BROWN-MORILLA, 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, 98-Z-7 adopted by the City Commission at its meeting held on the 26th day of March, 1998, " . . J Resolution 98-Z- 7 -5- This Instrument Was Prepared by: Laurence A. Lewitas, Esq. 89 Fifth Avenue New York, NY 10003 DECLARATION OF RESTRICTIVE CONVENANTS KNOW ALL MEN BY THESE PRESENTS that the undersigned, being the owner ofthe following described property, lying, being and situated in Dade County, Florida, to-wit: See Exhibit A attached hereto. In order to assure the City Commission of Sunny Isles Beach, Florida, that the representation made to them by the Owner in connection with Application No. 96-567 will be abided by, freely, voluntarily and without duress, make the following Declaration of Restrictive Covenants covering and running with the above-described real property: That in order to achieve the proposed 235 apartment/hotels dwelling units as indicated in the Plans entitled "THUNDERBIRD WEST" Prepared by Kobi Karp Architect consisting of twelve (12) sheets, dated received , said Plans being on file with the City of Sunny Isles Beach Zoning Department, the undersigned, or their successors in interest, will abide by the following covenants which are voluntarily proffered: 1. Substantial Accordance with plans. The property shall be developed substantially in accordance with the spirit and intent of the plans previously submitted, prepared by Kobi Karp, Architect, and Andy Witkin, landscape architect. 2. Impact Fees. The Owners shall pay all applicable impact fees at the time of application for building permit or application for certificate of use and occupancy as per the City's Code. 3. Underground Utilities. Owner agrees to pay a prorata share of the cost to the city of under grounding utility lines in the public rights-of-way on Collins Avenue based on linear feet of frontage of the Owner's property. This sum shall be payable prior to issuance of permits by the City, These funds shall be earmarked and segregated to be applied solely for the purpose of converting utility lines on Collins Avenue to an underground site. The City shall determine, in its sole discretion, the schedule for commencement of this undergrounding activity, not to exceed five (5) years from the date hereof. In the event the City does not proceed with this project, the City shall return the sum volunteered hereunder to the Owner. 4. Collins Avenue Beautification. The Owner voluntarily agrees to pay a prorata share of the cost of landscaping by the City as provided by a landscaping plan developed by the City's landscape architect. That sum shall be based on the linear feet of frontage of Owner's property. The funds shall be payable prior to the 1 issuance of permits by the City and shall be segregated solely for the purpose of landscape and beautification. The City shall determine, in its sole discretion, the schedule for this landscaping activity, not to exceed five (5) years from the date hereof. In the event the City does not proceed with this project, the City shall return the sum volunteered hereunder to the Owner. 5. Public Access, The Owner agrees to provide public access to the bayfront as per the approved plans. 6, Unit Configuration. The owner agrees to provide a maximum of one full bathroom within each bedroom unit as per the approved plans, The numbers of full bathrooms will be limited to the maximum number of bedrooms approved at public hearing by The City Commission, Further there shall be no direct egress from a bedroom into a common corridor which is part of the means of egress from the building except for single room units shown on the approved plans at the time of the site plan approval. Owner understands that the City shall inspect the premises from time to time to ensure that this covenant is complied with, 7. Use. The Owner agrees that all units will be available for rental, and no more than 5% ofthe individual hotel units shall be occupied for more than six months. 8. Covenant Running with the Land, These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and figure owner( s) of the real property and for the public welfare. This agreement on the part of the Owner shall constitute a covenant running with the land and may be recorded in the public records of Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned, and their heirs, successors and assigns until such time as the same is modified or released. 9. Term. These covenants are to run with the land and shall be binding an all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time they shall be extended automatically for successive period of ten (10) years each, unless an instrument signed by the them Owner(s) of the subject real property has been recorded agreeing to change the covenants in while, or in part, provided that the covenants have first been modified or released by the City of Sunny Isles Beach. 10. Modification, Amendment and Release. This Declaration of Restrictive Covenants may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the then Owner(s) ofthe fee simple title of such lands petitioning such modification~ amendment, or release, provided that the same is also approved by the City Commission after public hearing. 2 Should this Declaration of Restrictive Covenants be so modified, amended or released, the Director of the Sunny Isles Beach Zoning Department, or the Executive Officer of the successor of such department, or in the absence of such Director or Executive Office, by his Assistant in charge of the office in his absence, shall forthwith exercise a written instrument effectuating and acknowledging such modification, amendment or release, 10. Enforcement. Enforcement shall be by action against any parties or persons violating or attempting to violate any covenants. The prevailing party in any action or suit, pertaining to or arising out of this Agreement, shall be entitled to recover in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to the reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law, or in equity or both, 11, Authorization to Withhold Permits and Inspections. In the event of noncompliance with any provision herein, in addition to any other remedies, the City is hereby authorized to withhold any further permits or refuse to make inspections until such time as this Declaration is complied with. 12. Severability. Invalidation of anyone of these covenants, by judgment of court, in no way shall affect any ofthe other provisions which shall remain in full force and effect. 13, Recording. This Declaration shall be filed of record in the public records of Dade County, Florida at the cost to the owner. IN WITNESS WHEREOF, the Owner has caused these presents to be executed and signed in its name. ~S:~ ' ~ We.-tJJ~ DEZER PROPERTIES LLC By: ~~. \ 1'1\ , t:.. ~ 6.~ ~-ze.-4f" (Acknowledgement on next page) STATE OF FLORIDA ) ) ss: COUNTY OF DADE ) j \The foregoing instrument was acknowledged before this ~ 1998 bX _~o.eA 1:?~-z.eI ~~ Y<"C"p ~ LLL I 3 t!. day of 3 who is personally known to me (or \}'ho h IdentIfication), and who did take an oath. NOT as PUBLIC TAKING ACKNOWLEDGMENT Print Name: Commission Number: 4 MATTHEW MARK Notary Public. State of New York No. 01MA5075211 Qualified in New York County Commission Expires M!ir~" ~:1, J.999 If~ E X II I BIT PLAZA ,,~ Tract "N", less the south 300 feet thereof, AMENDED PLAT OF NORTH BISCAYNE BEACH, recurded in Plat Book 44, at Page 42, of the Public Records of Dade County, Flqrida, LESS AND EXCEP1' a 20.00 foot strip of land, adjacent to and contiguous with the North line of said Tract "N", said strip of l'and being a Roadway Dedication, Recorded in Official Records Book 54 at Page 548 of the Public Records of Dade County, Florida; said 20.00 feet strip being described as follows: Begin at the Northeast corner of 'I'ract "N" and run S. 606' 20" W. along the Westerly line of state Road A-I-A (Collins Avenue) along the Easterly line of'l'ract "N", a distance of 20 .114 feet; 'I'hence run Due West parallel to and 20.00 feet distant Southerly of the North line of Tract "N", a distance of 416.06 feet to a Point of Curvature of a circular curve concave Northeasterly, and having a radius of 20.00 feet; 'fhence run North\-1esterly and Northerly along the arc of said curve, through a central angle of 90000' 00", a distance of 31.42 feet to the Point of Intersection with the North line of said Tract "N", said point also being the Sout~east~rly corner of Lot 1, Block 14, GOLDEN SHORES, OCEAN BOULEVARD ESTATES, SECTION "0", Recorded in Plat Book 53 at Page 4 8 of the Public REwords of Dade County, Florida; 'l'hence run Due East along the North line of Tract "N", a distance of 438.20 feet to the Point olf Beginning, / I , '-""-... METROPOLITAN DADE COUNTY, FLORIDA ..3 .. .r, STEPHEN P. CLARK CENTER DEPARTMENT OF PLANNING, DEVELOPMENT AND REGULATION 111 NW 1ST STREET SUITE 1110 MIAMI FLORIDA 33128-1974 (305) 375-2500 FAX (305) 375-2795 October 6, 1998 Mr. Michael Berkman Building Official City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FL 33160 Re: Thunderbird West Resolution No. 98-SDRC-07 and Plans Dear Mr. Berkman: Enclosed you will find the plans and the original resolution that the Shoreline Development Review Committee has approved for the above referenced project. If you have further questions or comments, please call me at 375-2566. Sincerely, ~~.~ Alex A. David, Coordinator Shoreline Development Review k:Alex\sdr\lberkman4 SHORELINE DEVELOPMENT REVIEW COMMITTEE RESOLUTION 98 - SDRC - 07 WHEREAS, Dezer Properties LLC and Dezer Hotel Management, Ltd. have applied for approval of a site plan for the proposed Thunderbird West ApartmentIHotel located at 18445 Collins Avenue and as fully described in the attached recommendations and site plans, and WHEREAS, the proposed project consists of a 245,564 square foot 235 unit apartment/hotel with a retail component and a public baywalk on a 3.136 acre parcel, and WHEREAS, the subject application as filed with the Metro-Dade Department of Planning Development and Regulation dated June 3, 1998 requests site plan approval, and WHEREAS, the Shoreline Development Review Committee considered whether and the extent to which the project as presented conformed to the Dade County Comprehensive Development Master Plan and the Biscayne Bay Management Plan, and WHEREAS, the Shoreline Development Review Committee of Dade County has as one of its primary responsibilities, the duty to determine the extent to which any plan or development action, as proposed, is in conformance with Dade County Ordinance 85-14 and the minimum standards set forth in Dade County Resolution 85-257, and WHEREAS, the Committee considered the recommendations of Dade County staff, and WHEREAS, a public meeting of the Shoreline Development Review Committee of Dade County, Florida, was advertised and held, as required by law, and all interested parties in the matter were heard, and upon due and proper consideration having been given to the matter; NOW THEREFORE BE IT RESOLVED, that at its advertised meeting of September 3, 1998, the Biscayne Bay Shoreline Development Review Committee, as moved by W. Chad Williard and seconded by Thorn Grafton recommended approval of the development action as presented and enumerated in the attached staff reports and site plans. The vote on the motion was as follows: Les Beilinson Thorn Grafton Bill Rosenberg Andrew Witkin - Yes - Yes - Excused - Abstained Rosa Epstein - Yes Caridad Hidalgo-Gato - Excused Patrick McCoy - Excused W. Chad Williard - Yes Motion to approve passed - 4-0. This resolution constitutes the report of the Shoreline Development Review Committee together with all exhibits attached hereto submitted to the Board of County Commissioners, Dade County, Florida pursuant to Dade County Ordinance 85-14 which shall become a part of all hearings and/or permit records on the proposed development action. Respectfully submitted, ~~ Chair, Biscayne Bay Shoreline Development Review Committee q II t/ Cf~ Date App. # 96-10Rev kAlex\sdr\reso9807 i ,,~Z~.. ;r crIJD 8 ~ 4) ~ Licensed Real Estate Brokers 89 Fifth Avenue New York, N. Y. 10003 Tel: (212) 929-1285 Fax: (212) 633-0057 July 13, 1998 Mr. Alex David Shoreline Development Coordinator Metro-Dade Country 111 N.W. 1 Street Miami, FL 33128 Re: Request for Rehearing for Modification to Shoreline Approval for Thunderbird West located at 18402-20 Collins Avenue, Sunny Isles Beach! Application No. 96-567 Shoreline Application 96-10 Dear Mr. David: On behalf of Dezer Properties LLC, please accept this letter requesting approval from the Shoreline Development Committee of Miami-Dade County for a modified 14-story apartment/hotel project. The applicant has been approved for a 235 unit apartment/hotel by the City of Sunny Isles Beach.. The proposed project is a 14-story, 125 foot tower with lush landscaping, under cover parking and design which is visually superior to the previously approved plans. The City Commission and its staff agreed to approve the plans with modifications which resulted in moving the building further back from Collins Avenue to create a larger front setback. As a result the tower of the building was moved further westward but still within the Shoreline criteria. The Shoreline Committee on Sept. II, 1997 approved unanimously plans for a 235-unit, 14-story building for apartment/hotel use. A copy ofthe resolution #97-5 is attached. The approved plans indicated a building set back 50 feet from Collins Avenue with a 14-story tower, fronting Collins Avenue. The City of Sunny Isles Beach Commission and City staff indicated they wanted the building set back further from Collins Avenue and to modify the design to include the ziggarat design of setback terraces on both the east and west side. These modifications in essence created a building similar to the one approved in 1997 with several improvements. The major difference was that the tower was expanded and the tower setback from the shoreline was reduced by 72 feet. The new plan still meets shoreline setback requirements. The pedestal setback from the shoreline remains the same. The applicant will abide by the conditions listed in the prior resolution including the public access covenant previously submitted. "i-Z~.. icrIF8 ~ Based on the analysis, the comparison and the design of the new apartment/hotel which is sensitive to the concerns ofthe Shoreline Development Ordinance and to the concerns of the neighbors ofthe project and Sunny Isles community, we would respectfully request that the application be approved. The only change which directly affects shoreline criteria is that the tower itself has been moved 72 feet further west in order to accommodate the concerns raised by the City of Sunny Isles Beach. The revised landscape plan, prepared by Andrew Witkin, details landscaping and salt tolerant species which are an improvement over the previously approved plans. The applicant has met with staff and the residents in an effort to provide a revised project which meets the community a much needed boost to local tourism with a beautiful public- oriented apartment/hotel and resort complex which will serve the entire community. I am enclosing copies ofthe previous resolution and a comparison chart and analysis of the projects for your review. I trust that the Shoreline Committee will be favorable towards our request based on the foregoing information. If you have any questions, please do not hesitate to call on me. Very truly yours, Dezer Properties LLC BY 6--t k~ Peter Weiner Enclosures SHORELINE DEVELOPMENT REVIEW COMMITTEE RESOLUTION 97 - SDRC - 05 WHEREAS, Dezer Properties LLC and Dezer Hotel Management, Ltd. have applied for approval of a site plan for the propose Thunderbird West Apartment/Hotellocated at 18445 Collins Avenue and as fully described in the attached recommendations and site plans, and WHEREAS, the proposed project consists of a 178,434 square foot 235 unit apartment/hotel with a retail component and a public baywalk on a 3.136 acre parcel, and WHEREAS, the subject application as filed with the Metro-Dade Department of Planning Development and Regulation dated July 24, 1997 requests site plan approval, and WHEREAS, the Shoreline Development Review Committee considered whether and the extent to which the project as presented conformed to the Dade County Comprehensive Development Master Plan and the Biscayne Bay Management Plan, and WHEREAS, the Shoreline Development Review Committee of Dade County has as one of its primary responsibilities, the duty to determine the extent to which any plan or development action, as proposed, is in conformance with Dade County Ordinance 85-14 and the minimum standards set forth in Dade County Resolution 85-257, and WHEREAS, the Committee considered the recommendations of Dade County staff, and WHEREAS, a public meeting of the Shoreline Development Review Committee of Dade County, Florida, was advertised and held, as required by law, and all interested parties in the matter were heard, and upon due and proper consideration having been given to the matter; . . NOW THEREFORE BE IT RESOLVED, that at its advertised meeting of September 11, 1997, the Biscayne Bay Shoreline Development Review Committee, as moved by Bill Rosenberg and seconded by. Roberto Datorre recommended approval of the development action as presented and enumerated in the attached staff reports and site plans with the following provisions and conditions: I. That additional landscaping be placed in the area between the service drive and right-of-way and east to Collins Avenue. 2. That more ground cover be added to the pool deck area. 3. That palms be added to the east side of the baywalk to provide additional shading. 4. That some type of plant material, such as vines, be placed on the south side of the retail area to soften the impact of the wall. The vote on the motion was as follows: Les Beilinson - Yes Rosa Epstein - Yes Caridad Hidalgo-Gato - Excused Patrick McCoy - Yes W. Chad Williard - Excused Roberto Datorre Thorn Grafton Bill Rosenberg Andrew Witkin - Yes - Yes - Yes - Abstained Motion to approve passed - 6-0. This resolution constitutes the report of the Shoreline Development Review Committee together with all exhibits attached hereto submitted to the Board of County Commissioners, Dade County, Florida pursuant to Dade County Ordinance 85-14 which shall become a part of all hearings and/or permit records on the proposed development action. submitted, Les Beilinson, AlA Vice-Chair, Biscayne Bay Shoreline Development Review Committee Spf et) )111 Date App, # 96-10 k:Alex\sdr\reso9705 ..: EXHIBI'r .E.- I. A Z ~ 'l'racl; "N", less the south 300 teet thereof, J\MENDEO PLAT OF NOR'I'1I BISCAYNE BEACH, r.ecv.r.~ed ill Plal: Book 44, at !;'age 42, of the Public Records of n~de County, Florida, I'~ LESS AND EXCEPT a 20,00 fool; strip of lr;l1d, adjacent to and contiquous with the Nor-th line of 3aid Tract "N", said strip of land oeiug a Roadway Oedical:iou, Recorded in Official Records Book 54 at Page 548 of the Public Records of Dade County, Florida; said 20.00 feet strip beinq describ~rl as ~ollows: Begin at the Northeast: corner of Tract "N" r-nd xun S. 606'20" W. along the Westerly line of state Road A-I-A (CClllins Avenue) alOl1g l:he Ea:Jt:el~ly 1.lne or Tract "N", a distance 01. 20.114 feet; 1'hence run Due West parallel to and 20.00 reet distant Southerly of the North line o~ Tract "N", a distance o~ 416.06 feet to a Point o~ Curvatur.e of A c:ircul.r curve COIlt.;ilVe Northet'lsterly, and having a radius or. 20.00 r.eet; Thenco run NorthwesterJ:y and Nox.lherl.y along the arc o~ said curve, through a central aHgle of 90000 roO", a distance of 31.42 feet to the Polnt of Int:eroection wiLh the North l.ille of said Tract "N", said point also bei'lY the S(lutheast~rly corner ot Lot I, Block 14, GOLDEN SHORES, OCEtN BOULEVARD ESTA'l'ES, SECTION "D", Recorded in Plat: Book 53 at P;'lJl? 40 of the Public Rccord~ of 'Jade County, Florida; 'l'hence rUh Due East along th,e North line of. 'l'ract "N", a distance of 438.20 feet to the Point of Begi~nin<J, 'I / I .. --....... DATE: '/3/Cf8 . Shoreline Appl. No. 9' . /0 (PeN f) J "ki) METROPOLITAN DADE COUNTY BISCAYNE BAY SHORELINE DEVELOPMENT REVIEW APPLICATION FORM MUNICIPAL/COUNTY DATA CITY OF (if applicable) Sv..J.JI<JY :]::SLe ~c.t-I . DEPARTMENT: ZeN II-JI DEPT. OFFICIAL WITH PRIMARY RESPONSIBILITY FOR PROCESSING APPLICATION: "-'lc:..AAet- ~~M~I\.J ADDRESS: ~ ~LL'~c; ktJe.- SU~lJl IS~; ~ZIP 33/bO z ~ FL- PHONE NO. APPLICANT DATA ADDRESS: 8'1 'b62EVL ~~T't.S F,FTH ~6 II R... w~ NAME OF APPLICANT: ZIP NY /000,3. PHONE NO. ~)..... 41. cr - I ~r ,. NAME OF OWNER: SA-NE" A-S t4 P.rl V ~ ADDRESS: ZIP PHONE NO. APPLICATION REQUEST DEVELOPMENT NAME (if any): -r;j.ut..JJ>S.P8l,e,o W~\ ADDRESS/LOCATION OF REQUEST(S): l~o1.- ~U-INS y~ /i.r-, I jQ IS THE SITE ADJACENT TO BISCAYNE BAY? SECTION :;. TOWNSHIP s-z RANGE 'f V- 'J.,_. ZONING DISTRICT ~LL I A ~OLIO (S) 30 - 1...7.0 -(!:)O? - 0""), II / 0 '\-1 "Y" _. LEGAL DESCRIPTION 5--- ~(,'b H- A- BRIEF DESCRIPTION OF PROPOSAL: ~'SI~"'" <+ ~'e>e- f7./rt:JvJ .;.., ~!ed- hew fius. ..f I'/-sl-.r ~i:.L rt!A1/~ ,uSer!"- So ;-j,~ as <<.- t1'ir-cv~ &(; 'P- ~ :r~"$: 8~. v' - PARCEL SIZE IN ACRES DEPARTMENT, BOARD OR OFFICIAL RESPONSIB~~ FOR THIS DEVELOPMENT ACTION APPROVAL ~,3 / 6ry n=- ~y 7i.L.U ~ C ,A-~e:J;.. ') / / I HEREBY CERTIFY THAT THE INFORMATION CONTAINED IN THIS APPLICATION FORM IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND THAT NO DEVELOPMENT ACTIO~ PERMIT OR APPROVAL SHALL BE ISSUED UNTIL THE SHORELINE DEVELOPMENT REVIEW HAS BEEN COMPLETED OR TERMINATED, ~ SIGNED: EL- W-' NAME (PLEASE PRINT): ~~ tJ ~A."V~ Note: When this application form is completed and signed, the applicant is required to send it along with the required application fee to: Shoreline 'Development Review Coordinator Developmental Impact Committee, Suite 1210 Metro-Dade Center III N,W. First Street Miami, FL 33128-1973 (305) 375-2589 ,. Mar 23 98 12:39p 03/18/199B 14:31 p.3 3~5-94743Bb SUNNY ISLES BEACH PAGE 112 OPINION OF "lTnJE To: Dade COllQty With the understanding that this Opinion of Title is furnished to Dade County. as inducement for acceptance of a DecJaration of UselUnity of TitleIDeclaration of RestrictionslD~ve1opment Agreernent o. in compliance wilh Chaptet" 28. and lIS an inducement for acceptance of a proposed final subdivision plat ~vering, covering 1he nal property, hereirud\er described. it i:'f hereby calitiad that I lJave examined a complete Abstract ofTitfe covering the period from the beginningtothe_ 16th dayof March , 199...Ji. _.atthehour,of 11 : 00 P. M . J inclusive, of the foIlowiDi described propeny: Legal description attached hereto and made a part hereof; marked Exhibit "A". I am of the opinion that on the last mentioned date. the fee simple title to the above-described .real property was vested in; DEZER PROPERTIES, L, L. e., a New York limited liability company Note: For- LilDited PartDenhip or- .J~int Venfllre iad5eate p~u1ia ~ompr1slug the Liluited. PartDenbip or Jan.t Veature 8Qd idcatify who Is authorized to execute. Subj~ct to the foUowine cncumbCallces, liens and other exceptions (If "none" please indicate): 1. RECORDED MORTGAG~: See Exhibit "B" attached hereto and made a part hereof', 2. RECORDF.D CONSTRUCTION LI_EN5. CONTRACT LJI!:NS AND JUDGMENTS: 3. GENERAL EXCEPTIONS: None. 4_ SPF.CIAL EXCEPTIONS. .../ See Exhibit "e" attached hereto and made a part hereof, (.-...,lpl.........CWI97)) Mar 23 98 12:40p e3/1S/1998 14:31 365-947438& p.4 SlN'lV ISLES BEACH PAGE: IB OpiDioD ofTitJe Page Two J HEREBY CERTIFY that I have reviewed aU the afolQllc:ntiolled c:ncumbrances and exception5. Therefore, it is my opinion tbat the foUowing pany(ies) mUSt join in the agreement in order to make the agreement a valid and binding covenant On the lands described herein. Na.me Interest ,S.pecial EX~ption Nwnbw Mortgagee Exhibit "B" (A) Colonial Bank The following is a descriptioo. of the aforementioned abstnlct and its continuations: Number ~~y Certifying No. of Entries Period Covered Owners Title Insurance Policy No. 10 2697 106 00000003 issued through Chicago Title Insurance Company with an effective date of August 9, 1996. CRT issued through Attorneys ~itle Insurance Fund, certified through March 16, 1998 at 11:00P.M. J HEREBY CERTIFY that the legal description contained in this Opinion of TitJe coincides with, and is the same as, the legal description in the proffered, recordable agreement. I, the undersigned. furtlu~r certify that I am. an attorney-at-law duly admitted to practice in the State ofFJorida and a aneznber in good staI1ding of the Florida Bar. IlespceUUlly subnUU<d tlUs~S-rt1 day of _ ::~~. ~y M. Perlow Print Name Florida Bar No. 206725 Addross: 1820 E, Hallangale Beach Blvd, ~allandale. Florida 33009 STATE Of' FLORIDA coumv OF mmK BROWARD lbe foregoing instrwnent was acknowledged before me fl1isc:J.S- tf.J day of March. . 199~ by Jeffrey M. Perlow . wllQ is peISODa1ly JajQwn to me or haS produced ~ ~as ideutiJi<ation. ~. y Public j ;:;dif10f+ V ~ B 5 My Commission Expires: Print ~~/"I'"II'I""((t(((((t((t((Nt((ttttttt,,:r, ) i1:~PtI( ~ .Lalla J...."'" t' : .... Notaty';;~~ 1t;~~fFlorida I;. ....oJoIoiIli...,.,...I'l7)! ,,~.;, . ~ ComftUHkm No, Cd 606870 . : : <".oF~ MyCommi88kmlEllp.1/6/200l;' Bonded 'fliffiup fIj, N_ !letVJee & Bonding Co . : ')))))))))))))))))))))))))))) ))))))))))))))))))) / E X II I B I 'f ~ PLAZA 'l'ra'ct "N", less the south 300 feet thereof, l\HmNDED PL1\'l' OF NORTH BISCAYNE BEACII, recur.:,1ed in Plat Book 44, at );'age 42, of the Public Records of Dade County, Flqrida, LESS AND EXCEp'l' ~ 20,00 foot strip of land, adjaceiIt to and contiguous with the North line of said 'l'ract "N", said strip of l'and being a Roadway Dedication, Recorded in Official Records Book 54 at Page 548 of tile Public Records of Dade County, Florida; said 20.00 feet strip being described as follows: Begin at the Northeast corner of 'l'ract "Nfl f'nd run S. 606'20" W, along the Westerly line of state Road A-1-A (Collins Avenue) along the Easterly line of'l'ract "N", a distance 01 20 .114 feet; 'fhence run Due West parallel to and 20.00 feet distant Southerly of the North line of 'rract "N", a distance of 416.06 feet to a Point of Curvature of a circular curve concave NortheC\sterly, and having a radius of 20,00 feet; 'l'hellce rUIl North\-lesterly and Northerly along the arc of said curve, through a central angle of - 90000' 00", a dlstance of 31.42 feet to the Point of Interst:1ction with the North line of sald 'l'ract "N", said point also beiHg the S(lutheast~rly corner of Lot 1, Block 14, GOLDEN SHORES, OCE1U\f BOULEVARD ES'l'A'l'ES, SEC'l'ION "I)", Recorded ill Plat Book 53 at Page 4 8 of the Public REwords of Dade County, J!'lorida; Thence 'rUIl Due East along tl\e North line of 'rract "N", a distance of 438.20 feet to the Point of Beginning, ;' EXHIBIT "B" A. First mortgage in favor of Jefferson Bank of Florida, now known as Colonial Bank, dated August 3, 1996, filed August 9, 1996 in Official Records Book 17309 at Page 4509 of the Public Records of Dade County, Florida, in the original principal amount of $7,000,000,00, B, Assignment of Rents and Leases in favor of Jefferson Bank of Florida, now known as Colonial Bank, filed August 9, 1996 in Official Records Book 17309 at Page 4526 of the Public Records of Dade County, Florida, C, UCC-l Financing Statements in favor of Jefferson Bank of Florida, now known as Colonial Bank, filed August 9, 1996 in Official Records Book 17309 at Page 4529 and August IS, 1996 in Official Records Book 17314 at Page 1482 of the Public Records of Dade County, Florida, D, Assignment of Sovereignty Submerged Lands Lease No, 130174346 in favor of Jefferson Bank of Florida, now known as Colonial Bank, filed August 9, 1996 in Official Records Book 17309 at Page 4537 of the Public Records of Dade County, Florida, EXHIBIT IICII A, Any claim that any portion of said lands are sovereignty lands of the State of Florida, including submerged, filled or artificially exposed lands and lands accreted to such lands. B, Taxes and assessments for the year 1998 and subsequent years, which taxes are not yet due and payable, B, Unity of Title Agreement dated November 4, 1967, filed November 17, 1967, under Clerk's File No, 67R-179084, covering Tract M, less the South 300 feet and the North 54 feet of the West 210 feet of Tract N, C, Easement for storm sewers over the North 10 feet of Tract N dated June 21, 1954, filed July 16, 1954, in Deed Book 3946, at Pages 555 and 557, respectively, of the Public Records of Dade County, Florida, D. Right-of-Way Easement to Southern Bell Telephone Company dated January 8, 1974, under Clerk's File No, 74R-13392 of the Public Records of Dade County, Florida, E, Riparian or littoral rights are neither guaranteed nor insured. F, Easements, restrictions and other matters arising from the Erosion Control Line Plat, filed in Plat Book 134 at Page 47 of the Public Records of Dade County, Florida, G, Easements, restrictions and other matters arising from the Plat of Amended Plat North Biscayne Beach, filed in Plat Book 44, at Page 42 of the Public Records of Dade County, Florida, H, As per that Survey dated May 9, 1996 by Zurwelle-Whittaker, Inc" Commitment No, 120635 (relating to Parcel II): (1) Easements arising from and related to that utility pole on the West side of the property, the electric wire running East to West, then Northwest to Southeast at a diagonal, then Northeast to Southwest at a diagonal, signs on the Eastern side of the property, (2) Encroachment of a 5 foot concrete wall and 3 foot canopy into that 20 foot road dedication on the North side of the property. I, Sovereignty Submerged Lands Lease No, 130174346 recorded April 29, 1993 in Official Records Book 15897 at Page 4111, as renewed by Renewal of Sovereignty Submerged Lands Lease dated May 21, 1996 and recorded August 9, 1996,