HomeMy WebLinkAboutResolution Zoning 98-Z- 9
RESOLUTION NO. 98-Z-9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR
SITE PLAN APPROVAL TO PERMIT A PROPOSED MULTI-FAMILY
HOUSING DEVELOPMENT CONSISTING OF AN APARTMENT
BUILDING AND APARTMENT/HOTEL WITH CERTAIN
MODIFICATIONS; PERMITTING A NON-USE VARIANCE OF LOT
COVERAGE REQUIREMENTS TO PERMIT PROPOSED DEVELOPMENT
WITH A LOT COVERAGE OF 49.8%; PERMITTING A NON-USE
VARIANCE OF SETBACK REQUIREMENTS TO PERMIT A PROPOSED
APARTMENT BUILDING TO SETBACK 94.33' FROM THE REAR ( EAST)
PROPERTY LINE; PERMITTING A NON-USE VARIANCE OF SETBACK
REQUIREMENTS TO PERMIT PROPOSED AP ARTMENTIHOTEL TO
SETBACK 25' FROM THE SOUTH PROPERTY LINE AND TO PERMIT
PROPOSED APARTMENT BUILDING TO SETBACK 65.51' FROM THE
NORTH PROPERTY LINE; PERMITTING A NON-USE VARIANCE OF
ZONING REGULATIONS AS APPLIED TO BUILDING HEIGHT TO
PERMIT A PROPOSED APARTMENTIHOTEL WITH A HEIGHT OF 406'
AND TO PERMIT A PROPOSED APARTMENT BUILDING WITH A
HEIGHT OF 454.33', PROVIDED THAT ONLY FLOOR AREA RATIO
(FAR) OF 2.5 AND A DENSITY OF 50 UNITS PER ACRE BE APPROVED
SUBJECT TO CERTAIN CONDITIONS; PROVIDING FORAN EFFECTIVE
DATE.
WHEREAS, D.P. Colonial LLC, has applied for the following:
1. Special Exception for site plan approval to permit a proposed multiple family housing
development consisting of an apartment building and an apartment hotel.
2. Use variance to permit the apartmentlhotel and condominium with a density of66.14 units
per acre (50 units permitted).
3. Use variance to permit a temporary sales center and model center.
4. Non-use variance oflot coverage requirements to permit proposed development with a lot
coverage of 49.8% (40% permitted).
5. Non-use variance of setback requirements to permit proposed apartment building to setback
94.33' (192,73' required) from the rear (east) property line,
6. Non-use variance of setback requirements to permit proposed apartmentlhotel to setback
Resolution 98-2--9
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25' (206.8' required) from the south property line and to permit proposed apartment building
to setback 65.51' (231.49' required) from the (north) property line.
7. Non-use variance of Zoning Regulations as applied to building height to permit proposed
apartment/hotel with a height of 406 feet (217' building height permitted) and to permit
proposed apartment building with a height of 454.33 ft (56.93' building height permitted).
8. Non-use variance of floor area ratio (F ,A.R.) to permit proposed buildings with a F .A.R. of
2.99 (2.0 permitted).
SUBJECT PROPERTY:
The North 350 feet of Tract "P", AMENDED PLAT OF NORTH
BISCA YNE BEACH, according to the Plat thereof, recorded in Plat
Book 44, Page 42, of the Public Records of Dade County, Florida,
AND
The South 100 feet of the South 200 feet of Tract "0", measured at
right angles to the South boundary of said Tract "0", of the
AMENDED PLAT OF NORTH BISCA YNE BEACH, according to
the Plat thereof, recorded in Plat Book 44, Page 42, of the Public
Records of Dade County, Florida,
ADDRESS: 18101-18145 Collins Avenue
WHEREAS, the 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 with respect to all requests except for
those variance requests which were withdrawn by the applicant at the hearing; and
WHEREAS, the applicant has withdrawn its request for use variance to permit a density of
66.12 dwelling units per acre where 50 units were permitted; and
WHEREAS, the applicant has withdrawn its request for use variance to permit a temporary
sales and model center; and
WHEREAS, the City Commission finds that the site plan approval together with the non-use
variance requests to be compatible with the area and its development and would be in harmony with
the general purpose and intent of the regulations, as reduced by the Commission, and that there
would be no adverse impact upon the public interest as varied by the City Commission, based upon
substantial competent evidence,
Resolution 98-Z-9
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NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, THAT:
1. A special exception for site plan approval to permit a proposed development consisting of
a condominium building and an apartment hotel including the non-use variance of lot coverage
49.8% where 40% if permitted and non-use variance of setback for garage structure, condominium
building and apartment/hotel being the same is hereby approved upon the following conditions:
F.
G.
H.
Resolution 98-Z-9
A.
Non-use variance of the floor area ratio be reduced to 2.5 where 2.0 was permitted
and 2.99 was requested.
B.
That a site plan be submitted to and meet with the approval of the Building Official
upon the submittal of an application for building permit. Said plan to include among
other things but not limited to, the location of structure or structures, type, sizes and
locations of signs like standard off-street parking areas, exits and entrances, drainage
walls, etc.
C.
That in the approval of the plan the same be substantially in accordance with those
submitted for hearing entitled "Colonial Inn" prepared by Seiger Architectural
partnership, sheets 1-26, dated 3/6/98 and sheet lA dated 3/17/98 and plans entitled
"Colonial Inn Schematic Landscape Plan" prepared by Bradshaw, Gill & Associates,
dated 3-5-98 with appropriate reductions in FAR.
D.
That a recordable agreement be submitted to and meet with the approval of the
Building Official providing for permanent and safe access for pedestrian and
vehicular traffic within the development and particularly for fire, police, health and
sanitation and other public service personnel and vehicles. Such agreement shall be
executed by the property owners and any and all parties having an interest in the
land, such as mortgages, etc. and its improvements.
E.
That in the event of multiple ownership a homeowners' association be established
in accordance with applicable regulations to assure that all common areas and
facilities for the use of the residents shall be maintained in continuous and
satisfactory manner, and without expense to the general taxpayer of the City of
Sunny Isles Beach.
That the applicant comply with all conditions and requirements of the Department
of Environmental Resources Management (DERM), the Fire Department and the
Florida Department of Transportation.
That a 12 foot easement for access to the beach for public use be provided along the
northern portion of the property.
That restaurants or stores use (if any )be subject to the following conditions: (a) that
the use be limited to the inhabitants of the complex, (b) that the use provide no direct
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access from public roads, (c) that the use is not visible from public roads, (d) that no
signage in connection with the use be visible from public road, (e) that the design of
the use remain an integral part of the total design, (f) that the use remain located in
the principal building, (g) that no outdoor seating in conjunction with the restaurant
be permitted without a public hearing.
I. That the applicant construct an appropriate barrier between the construction and
adjoining properties in order to minimize blowing of sand and debris.
J. That the applicant will abide by ail City and County ordinances relating to the hours
of operation for construction commencement and termination.
K. That the applicant will use their best effort to minimize vibration and noise during
the construction ofthe project.
L. Indicate ramp slope on plans and show support columns in garage, they must remain
clear of parking stalls.
2. Applicant's request to utilize 27 Severable Use Rights (SURs) be and the same is hereby
denied.
3. Applicant has proffered a Declaration of Restrictive Covenants which is attached hereto as
Exhibit "A".
4. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 28th day of May, 1998.
CITY OF SUNNY ISLES BEACH, FLORIDA
By its City Co
By:
ATTEST:
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Resolution 98-M-,
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
, to(tly!
M. Dannheisser, City Attorney
Mayor Samson moved and Commissioner Iglesias seconded approval of the requested zoning
modifications, and upon a roll call the vote was 5 - 0 in favor:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffinan
Commissioner Morrow
~Yes
~es
:: yes
~es
JLyes
no
no
no
no
no
Resolution 98-Z-9
-5-
, .
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENTS that the undersigned, being the owner of the
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. Z-98-0004 will be abided by,
freely, voluntarily and without duress, make the following Declaration of Restrictive Covenants
("Declaration") covering and running with the above-described reaI property.
That in order to achieve approvaI for the proposed apartment/hotel and condominium
project as indicated in the plans entitled "Colonial Inn" prepared by The Sieger ArchitecturaI
Partnership, sheets 1-26, dated 3/6/98 and sheet lA dated 3/17/98, and plans entitled "Colonial
Inn Schematic Landscape Plan, prepared by Bradshaw, Gill & Associates, dated 3/5/98, as
modified with appropriate reductions in FAR ("Approved Plans"), said Approved 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 Approved Plans. The property shall be developed
substantially in accordance with the spirit and intent of the Approved Plans, prepared by Sieger
Architectural Group, noted above, and as otherwise modified by the terms of this Declaration.
2. Tn:y>act 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 pro rata 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
offrontage of the Owner's property in an amount not to exceed $375 per lineal foot of Owner's
frontage on Collins Avenue. This sum shall be payable prior to issuance of certificates of
occupancy by the City. These funds shall be earmarked and segregated by the City to be applied
solely for the purpose of converting utility lines on Collins Avenue to underground facilities. 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 within said time-frame, the City shall return the sum volunteered hereunder to the
Owner.
4. Collins Avenue Beautification. The Owner voluntarily agrees to pay a pro rata
share of the cost of landscaping by the City as provided by a landscaping plan developed by the
City's landscape architect in an amount not to exceed $95 per lineaI foot of Owner's frontage on
Collins Avenue. That sum shall be based on the linear feet of frontage of Owner's property. The
funds shall be payable prior to the issuance of certificates of occupancy by the City and shall be
earmarked and segregated by the City to be applied solely for the purpose of landscape and
beautification of Collins Avenue. The City shall determine, in its sole discretion, the schedule for
this landscape activity, but in no event to exceed five (5) years from the date hereof In the event
the City does not proceed with this project within said time-frame, the City shall return the sum
volunteered hereunder to the Owner.
5. Public Access. The Owner agrees to provide public access to the beach
substantially in accordance with the Approved Plans.
6. Unit Configuration. Owner agrees that prior to the issuance of any building permit
for the noted project, Owner agrees to restrict any request for building permits so as to not
exceed 265 equivaIent residential units for the entire site and structures thereon. This distn'bution
may be accomplished, in the Owner's sole discretion, with the unit mix to be calculated as 1
condominium unit being equivaIent to 1 equivaIent residential unit; 1 apartment/hotel unit being
equal to .667 equivaIent residential units; and 1 "lock out" door in any apartment hotel unit being
equaI to .33 equivaIent residential units. A "lock out" door means a door that provides direct
egress from a bedroom into a common corridor which is part of the means of egress from the
building.
7. 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 Declaration, 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, pursuant to the terms
hereof
8. Use. The Owner agrees that all units in the apartment/hotel building will be
available for renta~ and no more than 5% of the individual hotel units shall be occupied for more
than six months.
9. Term. This Declaration shall be binding on all parties and all persons claiming
under them 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 the then Owner(s) of more than fifty (50%) percent of the subject real
property, or more than fifty (50%) percent of the unit owners or the Condominium Association
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 of Sunny Isles Beach.
10. Modification. Amendment and Release. This Declaration 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) of more than fifty (50%) percent of the subject real
property, or more than fifty (50%) percent of the unit owners or the Condominium Association
petitioning for such modification, amendment, or release, provided that the same is aIso approved
by the City Commission after public hearing. The ApprovaI Plans which are the subject of this
Declaration may be modified without such petition or approval as long as such changes are
2
determined by the City to be in substantial compliance with the Approved Plans. Furthermore, in
the event that any provision of this Declaration is modified by Ordinance, rule, regulation or
policy of the City of Sunny Isles Beach, such as changes in occupancy term, density or intensity or
allowance of the use of "lock outs" without exceeding the density shown on the Approved Plans
and being otherwise in compliance with the Commission's approval and any other ordinances,
rules, regulations or policies of the City which would be applicable to the project, then the
effected terms of this Declaration may be modified to conform with said Ordinance, rule,
regulation or policy, without further hearing by the City Commission.
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 or the successor
of such department, or in the absence of such Director or Executive Officer, by his Assistant in
charge of the office of his absence, shall forthwith execute a written instrument effectuating and
acknowledging such modification, amendment or release.
11. Enforcement. Enforcement shall be by action against any parties or persons
violating or attempting to violate any provision of this Declaration. This Declaration, and the
acceptance hereof by the City, is not intended and should not be construed to confer any rights on
any third parties other than the Owner and the City. 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 order to be reasonable for the services
of its attorney, at triaI and appeal. This enforcement provision shall be in addition to any other
remedies available at law, or in equity or both.
12. Authorization to Withhold Permits and Ins,pections. 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 or appropriately modified, amended or released, in the manner and mode set forth
herein.
13. Severability. Invalidation of anyone of these covenants, by judgment of a court of
competent jurisdiction, shall in no way affect any of the other provisions, which shall remain in full
force and effect.
14. Recording. This Declaration shall be filed of record in the public records of Dade
County, Florida at the cost to the Owner.
3
IN WITNESS WHEREOF, the Owner has caused these presents to be executed and
signed in its name.
WITNESS
~J~
Print Name: k J. S
By:
Print Name: ~\c. \:'\ ~~
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Title:
Print Name: 4Al6ELA HtU-o/"fMJ
(Acknowledgement on next page)
MIAMIfSAYFlEJf9711~7Ikz@hOll.DOCf10f07f91
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STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
The foregoing instrument was ackn9Wledged befure me tbis L day of ~ bt~
1998 by kZc~T?DtI, }/1d0e{ of who is
personally known to me (or who has produced NY b1 IV. lie ::tl zQz _ J 03 -.5 <ill as
identification), and who did take an oath. , € yp. '-II D' I 03
. . flveYJu-f>. NY IO{)03
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l\RY LIC
TAKING ACKNO DGEMENT
C6> ue j, De ~ p::dCA-
umber:
OF OfARY
JACQUEUNE PINEDA
NOI'ARYPUBLIC Sf ATE OF FLORIDA
COMMISSION NO. CC/6.1525
MYCOMMESION EXP. Y29
5
EXHIBIT "A"
The North 350 feet of Tract "P", AMENDED PlAT OF NORTH
BISCA YNE BEACH, according to the Plat thereof: recorded in
Plat Book 44, Page 43, of the Public Records of Dade County,
Florida,
AND
The South 100 feet of the South 200 feet of Tract "0", measured at
right angles to the South boundary of said Tract "0", of the
AMENDED PlAT OF NORTH BISCAYNE BEACH, according
to the Plat thereof: recorded in Plat Book 44, Page 43, of the Public
Records of Dade County, Florida.
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JOINDER BY MORTGAGEE
The undersigned, Colonial Bank, Mortgagee, under that certain mortgage recorded in
Official Records Book 17673, at Page 2486 of the Public Records of Miami-Dade County,
Florida, covering aWor a portion of the property described in the foregoing agreement, does
hereby acknowledge that the terms of this agreement are and shall be binding upon the
undersigned and its successors in title.
IN WITNESS WHEREOF, these presents have been executed this ~rJ day of
AI/I7"'J~
, 19-.1L.
WITNESSES:
COLONIAL BANK, MORTGAGEE
pttJ1~
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Print Name: J4~A' ,-:?y;'/y
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Print Name: V(} fJ~ A-"'DA1J15
Print Title: 1/1 t:..e- II'-PS
C/J--- ~~
Print Name: ~Nd /17dC-~
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STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this ;J2 day of
~
, 19U- by R.ld/~ A. Df.wi5, as ViLe PIt&6ilJCM of
Colonial Bank, Mortgagee, on behalf of said Mortgagee. He/She is nersonallv known to me or
has produced
as identification and did take an oath.
cz=~~
Name:
My Commission Expires:
No.:
[NOTARIAL SEAL]
Commission
,"fii.!t:t~,< BARBARA MUNOZ PEREZ
,.~:\ MY COMMISSION' CC 578491
EXPIRES: AuguIt 20. 2000
Ilonded Thru NolIIy PublIc lhIetwrIlIn
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JOINDER BY OPTION HOLDER
The undersigned, Prime View Ventures, Option Holder, under that certain Memorandum
of Option Agreement, recorded October 31, 1997 in OfficiaI Records Book 17850, at Page 3942
of the Public Records of Miami-Dade County, Florida, covering aWor a portion of the property
described in the foregoing agreement, does hereby acknowledge that the terms of this agreement
are and shall be binding upon the undersigned and its successors in title.
IN WITNESS WHEREOF, these presents have been executed this 17 J:f. day of
A-UGUS/
, 19-.fL.
WITNESSES:
PRIME VIEW VENTURES, OPTION
HOLDER
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By:
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(iwvl d/dfJ~
Ava,,, ",.J h)1M/Y
. Print Name: ,/l) I7RJ F
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Print Name:
Print Title:
" t Name: c!>HuiJ jlo55
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STATE OF FLORIDA )
13RcwA-e~ ) SS:
COUNTY OF ~ )
The foregoing instrument was acknowledged before me this Ii r:g day of
. J ,,4un+oe/"Z~t)
,ihJG;;uSt , 19!1L by J/(){j)/he_t.JJ bLOFS1' as 'S.'GNATO.e~ of Prime
View Ventures, Option Holder, on behalf of said Option Holder. He/8fte is personally known to
me Of has I'IUduoed
as itlretitieation and did take an oath.
~J~~_LM-/
Notary Public, State of Florida
Name:
My Commission Expires:
Commission No.:
[NOTARIAL SEAL]
OFFICIAL NOTARY SEAL
MARILYN MALIN
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC529783
MY COMMISSION EXP. FEB. 1_2000
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" "
OPINION OF TITLE
TO: CITY OF SUNNY ISLES BEACH, FLORIDA
With the understanding that this Opinion of Title is furnished to the City of Sunny Isles Beach, Florida, as
an inducement for its acceptance of a Declaration of Restrictive Covenants and an Easement Agreement
(collectively, the "Instruments"), covering the following property:
The North 350 feet of Tract "P" of AMENDED PLAT OF NORTH BISCAYNE BEACH,
recorded in Plat Book 44, Page 42 of the Public Records of Miami-Dade County, Florida.
- and -
The South 100 feet of the South 200 feet of Tract "0", measured at right angles to the South
Boundary of said Tract "0" of the AMENDED PLAT OF NORTH BISCAYNE BEACH,
recorded in Plat Book 44, Page 42 of the Public Records of Miami-Dade County, Florida.
it is hereby certified that we have examined First American Title Insurance Company's Owners Policy No. FA-35-
046577 having an effective date of July 16, 1997, and update from First American Title Insurance Company
covering the period from July 16, 1997 through July 27, 1998 at 6:00 a.m., which title infonnation collectively
covers the period from the BEGINNING to July 27, 1998 at 6:00 a.m., inclusive.
Basing our opinion solely on the above-referenced title policy and update, we are of the opinion that on
the last mentioned date, the fee simple title to the above-described real property was vested in:
DP COLONIAL L.L.C., a Florida limited liability company
Subject to the following encumbrances, liens and other exceptions:
A RECORDED MORTGAGES:
1. Mortgage in favor of Colonial Bank, a Florida banking corporation, recorded in Official Records
Book 17673, Page 2486 of the Public Records of Miami-Dade County, Florida.
B. GENERAL EXCEPTIONS:
1. Taxes or assessments now or hereafter due.
2. Rights of persons other than the above owners who are in possession or with a right to
possession.
3. Encroachments, overlays, boundary line disputes, or other matters which would be disclosed by
an accurate survey or inspection of the premises.
4. Any unrecorded laborer's, mechanics', materialmen's, or municipal liens.
5. Any lien provided by Chapter 159, Florida Statutes, or provided by Metropolitan Dade County
Ordinance No. 84-10 in favor of any city, town, village, port authority, etc., for unpaid service
charges for services by any water systems, sewer systems, or gas systems serving the land
described herein.
6. Zoning and other restrictions imposed by governmental authority.
7. Easements, or claims of easements, not shown on the public records.
8. Any adverse claim to any portion of said land which has been created by artificial means or has
accreted to any such portion so created and riparian rights, if any.
9. Any unpaid charges due for waste, water and sewer services.
C. SPECIAL EXCEPTIONS:
1. Restrictions, dedications and easements set forth on the Plat of AMENDED PLAT OF NORTH
BISCA YNE BEACH, recorded in Plat Book 44, Page 42 of the Public Records of Miami-Dade
County, Florida.
2. The rights, if any, of the public to use as a public beach or recreation area any area of the land
lying between the body of water abutting the subject property and the natural line of vegetation,
the bulkhead line, the most extreme high water line or any other legally established boundary line
separating the publicly used area from the upland private area.
3. 99 Year Lease filed April 20, 1956 and recorded in Deed Book 4259, Page 212, as modified by
Modification of Ninety-Nine Year Lease filed March 16, 1971 in Official Records Book 7151,
Page 106, refiled March 23, 1971 in Official Records Book 7159, Page 554. Through mesne
assignments, the lessee's interest thereunder was assigned to American Motel Corp. of Miami
Beach, by instrument filed December 30, 1959 in Official Records Book 1823, Page 426, and to
American Motor Hotels Corp. by instrument filed March 15, 1971 in Official Records Book
7149, Page 494. American Motor Hotels Corp. has merged into Chaves Construction Co. Of
Miami. Said Lease has been assigned to DP Colonial, L.L.C. by virtue of that certain
Assignment of Lease recorded June 11, 1997 in Official Records Book 17673, Page 2482, all of
the Public Records of Miami-Dade County, Florida.
4. 99 Year Lease filed June 26, 1951 and recorded in Deed Book 3458, Page 393, as modified by
Agreement filed under Clerk's File Number AA-78906 in Deed Book 3472, Page 287 and by
Modification of Ninety-Nine Year Lease filed February 6, 1973 in Official Records Book 8116,
Page 30. Through mesne assignments, the lessee's interest thereunder was assigned to American
Motor Hotels Corp., by instrument filed January 8, 1965 in Official Records Book 4431, Page
281 and by instrument filed March 15, 1971 in Official Records Book 7149, Page 494. Said
Lease has been assigned to DP Colonial, L.L. C. by virtue of that certain Assignment of Lease
recorded June 11, 1997 in Official Records Book 17673, Page 2482, all of the Public Records of
Miami-Dade County, Florida.
5. DCC-l recorded June 11, 1997 in Official Records Book 17673, Page 2510 of the Public Records
of Miami-Dade County, Florida.
6. Assignment of Leases and Rents recorded June 11, 1997 in Official Records Book 17673, Page
2486 of the Public Records of Miami-Dade County, Florida.
7. Subordination Agreement recorded June 11, 1997 in Official Records Book 17673, Page 2514 of
the Public Records of Miami-Dade County, Florida.
8. Memorandum of Option Agreement recorded October 31, 1997 in Official Records Book 17850,
Page 3942 of the Public Records of Miami-Dade County, Florida.
9. Florida Pay Phone Systems, Inc. Royalty Lease Agreement recorded April 6, 1998 in Official
Records Book 18048, Page 2564 of the Public Records of Miami-Dade County, Florida.
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10. Liens or potential liens that may related to Notice of Commencement recorded July 14, 1998 in
Official Records Book 18187, at Page 2047 of the Public Records of Miami-Dade County,
Florida.
Therefore, it is our opinion that the following parties must join in the execution of the Instruments in
order to make the Instruments valid and binding covenants on the lands described herein.
NAME
DP COLONIAL L.L.C.
COLONIAL BANK
PRIME VIEW VENTURES
INTEREST
EXCEPTION NUMBER
C(3) and C(4)
A(I)
C(8)
Owner and Tenant
Mortgagee
Option Holder
I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in the State of
Florida, and a member in good standing of The Florida Bar.
Respectfully submitted, this ;Y' day of August, 1998.
By:
STATEOFFLORIDA )
) SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this ~ day of
who is personally known to me.
t, 1998, by Gary A. Saul,
Name:
Notary Public State of Florida
My Commission Expires:
ALNarARYSEAL
STEVEN M HELFMAN
NarARYPUBucsrATE OF FLORIDA
COMMISSION NO. CC726651
MY CX>MMlSSION EXP. APR. 14
-3-
STATE OF FLORIDA )
)ss:
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-9 adopted by
the City Commission at its meeting held on the 28th day of May, 1998.
Richard Brown-Morilla
City Clerk
Resolution 98-Z-9