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HomeMy WebLinkAboutResolution Zoning 98-Z- 17 RESOLUTION NO. 98-Z-17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, FOR WILLIAMS ISLAND OCEAN CLUB, INC., FOR APPROVAL OF UNUSUAL USE TO PERMIT PRIVATE RECREATIONAL FACILITY IN CONJUNCTION WITH AN EXISTING HOTEL AND NON-USE VARIANCES FOR PROPERTY LOCATED AT 17875 COLLINS AVENUE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Williams Island Ocean Club, Inc., has applied for the following: 1. Unusual Use to permit a private recreational facility ( to wit, a beach club, lockers, restaurant/lounge and related uses) in conjunction with an existing hotel. 2. Non Use Variance of parking requirements to permit a total of 119 parking spaces (46 parking spaces are tandem) (226 spaces required). 3. Non Use Variance to permit tandem parking (none permitted). 4. Non Use Variance to permit an existing chickee hut to setback 0' ft (25' required) from the rear (east) property line. SUBJECT PROPERTY: Parcel 1 : All ofthe portion of Tracts "A" & "B" ofthe subdivision of GULF STREAM PARK, Plat Book 35, Page 51, and the portion of Collins Avenue shown of said Plat of GULF STEAM PARK which was vacated by Plat of OCEAN BOULEVARD STATE ROAD 140 GOLDEN BEACH SUNNY ISLES, Plat Book 44, Page 2, and above described property being contained in the south 500' of Tract 5 of Subdivision of Government Lot 6, Section 2, Township 52 South, Range 42 East, Government Lots 1,2, 4 and portions of Government Lots 5 & 6, Section 11, Township 52 South, Range 42 East, Plat Book 10, Page 64, more particularly described as follows, to wit: That portion of the north 200' of the South 500' of Tract 5 of Subdivision of Government Lot 6, Section 2, Township 52 South, Range 42 East and Government Lots 1,2,4 and portions of Government Lots 5 & 6, Section 11, Township 52 South, Range 42 East, Plat Book 10, Page 64, measured at right angles to the South line of said Tract 5, lying between the East right-of-way line of State Road A-l- A, Plat Book 45, Page 39, and the high water line of the Atlantic Ocean, together with all of the Seller's interest and title in the riparian rights appertaining. Parcel 2: All of the portion of Tracts "A" and "B" of the subdivision of GULF STREAM PARK, Plat Book 35, Page 51 and that portion of Collins Avenue shown on said plat of GULF STREAM PARK which was vacated by Plat of OCEAN BOULEVARD STATE ROAD 140 GOLDEN BEACH SUNNY ISLES, Plat Book 44, Page 2, said above described property being contained in the South 500' of Tract 5 of Subdivision of Government Lot 6, Section 2, Township 52, South, Range 42 East and Government Lots 1, 2, 4 & portions of Government Lots 5 & 6, Section 11, thereof, Plat Book 10, Page 64, more particularly described as follows, to wit: That portion of the North 200' ofthe South 300' of Tract 5 of subdivision of Government Lot 6, Section 2, Township 52 South, Range 42 East and Government Lots 1, 2, 4 and portions of Government Lots 5 & 6, Section 11, Township 52 south, Range 42 East, Plat Book 10, Page 64, measured at right angles to the South line of said Tract 5, lying between the east right-of-way line of State Road A-I-A, Plat Book 45, Page 39, and the high water line of the Atlantic Ocean, together with all of the seller's interest and title in the riparian rights appertaining. ADDRESS: 17875 Collins Avenue and WHEREAS, the public hearing ofthe 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 recommendations of both the Zoning and Code Administrator and the Building Official with respect to all requests; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: Request No.4 regarding a Non Use Variance is hereby denied. The remaining requests be and the same are hereby approved including the acceptance of a voluntary proffer of Declaration of Restrictive Covenants as presented to the City Commission meeting of August 13, 1998, attached hereto as Exhibit "A" and a Unity of Title, attached hereto as Exhibit "B", and in accordance with the following conditions: 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. That in the approval ofthe plan, the same be substantially in accordance with that submitted for hearing entitled "Williams Island Ocean Club Inc.", prepared by Arc-tech Associates Incorporated dated 6/22/98 and plans entitled "Williams Island Ocean Club, Inc,", prepared by Bradshaw Gill & Associates dated 6/16/98 on sheet P-l and dated 6/22/98 on sheet P-2 &P-3. 3. That the use be established and maintained in accordance with the approved plans. 4. The applicant provide the City with all appropriate joinders on the Declaration of Restrictive Covenants, attached hereto as Exhibits "A" and "B", that was provided to the City Commission as part of the August 13, 1998 hearing prior to the issuance of any building permit for the proposed requests. 5. That the applicant provide 24 hour valet parking for the guests. 6. That 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. 7. 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. 8. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 13th day of August, 1998. :-' "" ;1 ,~,} CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission I' /~ avid Samson, M yor ~\. t By: ,I,"" ,~-'It ~ : ,{; .<l .r {r ... It, ;, <'"". ;;. {)I "" '-",- .I.. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Commissioner Kauffman moved and Commissioner Morrow 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 Kauffman Commissioner Morrow vves .hes ...Lyes 1Yes ~es no no no no no Thla illlltnlment... pl1lPlJed by: Joeeph G. GclIclIblln Greenbecg~ 1221 8riclIe\lAlllnue Mlemi, FL331S1' ~n '8384,; 910 98R590294 lr,09~ OE(: 1(1 14:~3 (Space leSetved for Clerk) UNITY OF TITLE AGREEMENT WHEREAS, Williams Island Ocean Club, Inc. (the ''Owner'') is the owner of that property described as: See Exhibits A and B (collectively referred to as the "Property"); WHEREAS, the Owner applied "for and received from the City of Sunny Isles Beach (the "City") approval to develop the property legally described in Exhibit A for hotel use and for use as a private recreational facilil)' pursuant to City Resolution No. 98- Z-17: WHEREAS, the Owner also applied and received from the City of Sunny Isles Beact. approval to develop the property legally described in Exhibit B as a ~arking lot to serve the property legally described in Exhibit A pursuant t(' City Resolution No. 98-Z- 18; WHEREAS, Condition No. 10 of City Resolution No. 98-Z-18 required the proffer or an agreement and unity of title between the private recreational facility and the parking lot. . 1. The Owner acknowledges and agrees that the Property shall be considered one plot and parcel of land and that no portion of said plot and parcel of la.,d shall be ~ald, transferred, devised. or assigned separately, except in its entirety as one plot and parcel ofIand , ,;.~ I -I i~ 1 :ff t NOW THEREFORE. in consideration of the foregoing approvals. the undersigned Owner hereby agrees to restrict the use of the Propert)' as follows: 2. The Owner acknowledges and agrees that this Unity of Title Agreement shall be ' deemed a covenant running with the land and shall be recorded in the Public Records of Miami-Dade County, FJorida,at the expense of the Owner. 3. The Owner acknowledges and agrees that this Unity _of Title Agreement shall remain in full force and effect, and shall be binding upon themselves, their heirs, suCcessors, and assigns witil such time as it is released by the City of Sunny Isles Beach City Manager (the "Manager"). hisl.her designee, or, in the absence of the Manager or designee. his/her assistant in charge of the office in hislher absence. ~i. :i. ..& 'V1 :'i: ;i Ai iI' T 11..,*-~lurr I 1".I.JiI~1lI1O '"..t.'eJ;lJ~~~l.,l"'''''''''~___,''''~"",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,~,,,,,,,,,,,,,,,~,,,,,,,,,,~,,,, ....~,.~... .._......., ,.~'..... ............ _~... ,...... , "~~(rB3a4; 4. The Ov.ner acknowledges and agrees to indemnitY. hold hannless, and forever release and discharge the Cit). of Sunny Isles Beach.. the Oftice of the City Manager. hislher agents. and authorized personnel from any and all liability arising out ot: or in connection "ith.. the appro\'al of the unusual use to pennit the parking lot. including the costs of any suit. attorney's fees. and other expenses in connection therewith. 5. The Owner acknowledges and agrees to defend. pay. or settle any liabilities and claims against the City of sunny Isles Beach. the Office of the City Manager. their agencies. agents., and authorized personnel arising out of. or in connection with. the granting of the foregoing resolutions. - 6. The Owner acknowledges and agrees to payor settle claims tor injury. loss. or damage to personnel or property arising out of. or in connection with. the granting of the resolutions. ZtJD IN WITNESS WHEREOF. the Q\\ller does hereby set its hand and seal this ~ day ofOct(lher. 1998. WILLIAMS ISLAND OCEAN CLUB. INc.. a Delaware corporation /r, J$l . IIltl~::,., ,."".~\::. . olIIIII\':,' .... -.. , "":'i :~';'" 5 , ,.RATE SEAL ..'.':' ~...:- ',.'," , ~"-" '\>'\'..,. " ,~~. %.~?.;... -,~:'0Il!;'~~ ' ..." 1"~"Icat\., - ",,, "1"",,,". tilt .tl""'" SUBSCRIBED AND SWORN TO. thisriy of ()~ . 1998 by (JI"".L. ~.,.;L ~ -I. r1iiii1r ' . who ~rsonalJy known to me and who acknowledged that they did execute this instrument freely and volunt:uily for the purposes stated herein, My Commission Expires: By: , Alan Mattk. President A_:~-=- Robert 1. Fiilvarb. Vice President ot 'Public. State of Florida, at Large Print Name: t-t A'tJ!J J>A.&!.I /hdTJiiIll.t!E:l> CODntV Use Only Verified by: Accepted by: ARi\ Linda Pari Motamecl ~T NoIa1y Public. &11001 Florida ~i~ My cornm. ._pires S'Pllmllet 16,2001 ~ Comm. No. CCea'i111 ,,-WoIo.>.......... :2 III Hi u.u bl..~.lm~~~.~:'.~~.~.":'~~Y"...'""!>:-.~,~~1I!o'.i;;t;:J~!rl~...;.!h.1~..~...~;.t~~,~..'.wO:.; .: ..;- ..._:'. c..' .~. .....,:.........'.~.,.. '.. .. ...... . .1 ..~. ...:. ........ ......." '. '. ..,. ... .~f ;i .j. !:! '~ .:~ :~ )'1 ~t ~~ .:~i i :; ~ ~ .~ ~H: 18384;;' .912 EXHIBIT · A. LEGAL DESCRIPTIO", PARCEL 1: All of the portion of Tract "A" and "S" of the subdivision of GULF STREAM PARK. according to the Plat thereof recorded in Plat Book 35. at Page 51. of the Public Records of Dade County. Florida. and the portion of Collins Avenue shown on said Plat of GULF STREAM PARK which was vacated by Plat of Ocean Boulevard State Road 140 Golden Beach Sunny Isles as recarded in Plat Book 44. at Page 2. of the Public Records of Dade County. Florida. same above-described property being contained in the South 500 feet of Tract 5 of subdivision of Government Lot 6. Section 2. Township 52 South. Range 42 East. Government Lots 1, 2. 4. and portions of Government Lots 5 and 6, Section 11. Township 52 South. Range 42 East as shown by Plat. thereof recorded in Plat Book 10, at Page 64, of the Public Records of Dade County, Florida. more particularly described as follows. to wit: That portion of the North 200 feet of the South 500 feet of Tract 5 of Subdivision of Government Lot 6, Section 2. Township 52 South. Range 42 East and Government Lots 1. 2. 4, and portions of Governments Lot 5 and 6. Section 11, Township 52 South. Range 42 East as recorded in Plat Book 10. at Page 64, of the Public Records of Dade County. Florida. measured at right angles to the South line of said Tract 5. lying between the East right-of-way line of State Road A-l-A as shown by Plat thereof recorded in Plat Book 45. at Page 39, of the Public Records of Dade County. Aorida. and the high water line of ;:l-i' :"i:lcntic Oc'~an. PARCEL 2: AU of the portion of Tract "A. and "B" of the subdivision of GULF STR~M PARK, according to the Plat thereof recorded in Plat Book 35, at Page 51, of the Public Records of Oath County. Florida. and that portion of Collins Avenue shown on said Plat of Gulf Stream Park which was vacated by Plat of Ocean Boulevard-State Road 140 Golden Beach Sunny Isles as recorded in Plat Book 44. at Page 2. of the Public Records of Dade County, Florida. said above-describecl property being contained in the South 500 feet of Tract 5 of Subdivision of Government Lot 6. Section 2. Township 52 South. Range 42 East and Govemment Lots 1, 2. 4. and portions of Government Lots 5 and S, Section 11. Township 52 South. Range 42 East as shown by Plat thl'rr.of. recorded in Plat Book 10. at Page 64, of the Public Records of Dade County, Florida, more particularly described as follows. to wit: . That portion of the North 200 feet of the South 300 feet of Tract 5 of subdivision of Government Lot 6, Section 2. Township 52 South. Range 42 East and Government Lots 1, 2, 4. and portions of Government Lots 5 and 6. Section 11. Township 52 South. Range 42 East as recorded in Plat Book 10, at Page 64, of the Public Records of Dade County. 1=10008. measured at right angles to the South Hne of said Tract 5, lying between the East right-of-way line of State Road A-1-A as shown by Plat thereof recorded in Plat Book 45. at Page 39. of the Public Records of Dade County, Florida. and the high water line of the Atlalltic Ocean. Ill. 1 ! L _ JJ}llilJ!I"l.I.ttl'il_"'~.o.dt~",~"",""::u.""':.:r,';r:"'~"""''''''''','''''''''w,'',,,,'''''''''.......'.\................~......,. ." .... ~~;rr'~~ LEGAiDESCRiPn~ PARCEL 3: Lot 2, i. Block 9 of SUNNY ISLES SHORES. Section, "8," aeconllag to the' Plat thereof recorded in Plat Book 65. at Pace 47, of the Pablic RecenIs .fDade Conaty, Florida. PARCEL 4: Lois 3 aDd .~ Block 9, SUNNY ISLES SHORES. Section "s." aeeordiug to tile Plat thereof recorded in Plat Book 65, at Page 47, 01 the PubUc Records of Dade Conaty, Florid.. l~j. .~& .~~ i.' ::\ H~ l :~~ :f; ,i! 'r '''Zi, :;,' ~:i' :t. ';~., rl~ .:[t.' :;., i!~ ',I I ,1;1 ./~. ........ ~.;:.\.,:,. . . . :...:/~:.~.;...._..).l' JOINDa;BV:M()afuAG~E . . . "":'.0: '':'':'''', '" ~ '.' . ': '. " ~'~J'I{~~~ ~.A.. a ~ooa1 banking association, as Mortgagee, WIder tbat~':M~.:^~~~f.~ and SecUrity Agreement executed by Williams Island O~~'~tG.i~t~~i"~~c.orPO~D,as Mortgagor, in favor of Nations Bank, N.A.. a national ~,~~asM~ ~ed April 2. 1988 in Official Records Book 18043. at Page l~~(,9f;~;~q;'~eco11"""::,,.~~~,~~~:~~ty. ~orida. covering aU or a portion of the property desciil)e(Hlrthe':~."'.Uiii ',of title ' ,... does hereb acknowled c.that the ten11S of this ..,..',,'.., '," ,"........ ,~U;O':o!'5Y~, ,ty ,~t, ry 8 agteemeni are alid:SMlfbiriC:liD8'upon the undersigned and its successorS in title. IN WITNESS WHEREOF, these presents have been executed this /;:'.0( day of 'b e c. ~""""~"'l"- , 1998. ' The foregoing instrument was acknowledged before me this Ill'!. day of 'OOC&tl. .:t:', 1911 by 0J'le1C- J.:~I'~ .-.; E:. S~ II. P. . HeDCrsotlally ~,befnre me, is/are personally known to me or produced '" I as, identification. and [did] [did not] take an oath. , ' " No~: 7J? ~Q.__ X? (J AAA ce( Print Name: Alri1cl.4- l.. O*R.,:OI.-L No~ Public, State of 'f~e. , :t,oQ Myco~onexpires: 'I'. /,., Signed. sealed and. delivered in the preSenCe ofthe.se~' ~~. ~... . , /'" / " . /' WitneSs;r ' /1, W , Print Name ~ '!';., --. , . .... WitneSs' , Prli1(Name: STATE OF rJ tJR /1) /4' COUNTY OF H 1.41'1 ,- 'J>.\ J) 6 [NOTARIAL SEAL] . - . c~crA:... ':~JT.'..::'.. :;~:.....:. "'f P,\TRIC1A l CARROLL NOTARY PUlluc STATE 01-' FLORIDA COMMISS~N'N(>.C'C-l'U46-l ,MYCOMMISS10l"l EXP. AN. 16.1999 ,~\..~ . ~ 'J" NationsBank, N.A., a nati nal banking association Q -../ By: "2. 'Name: ~,.k L... ;J:.~<C" 5 _..._ t"..... ,<o,_,-)...I!_+ f .,:.lj A4dress: /t:Jo S.G. .J..".(' Sf~.... f:; /o/-H.. ~...- ,i\1 :......;.." F';:' -:A7.. .Hd I ) ) ) ~W~k!;~':~~~ OF tlooIQf (;Qf.IN...., ., ~ ~~.. ~\o!Y RUVlPl . ~ Ql:<i101<4-. C;~.,. ss: ~\~t: .f TtIia instrument... pcepared by: NIIme: ~ G. 00ldItIln. Esq. AcldresI: GnlInbeIg, TIUIg. PA 1221 Blic:kd Awnue Miami. Florida 33131 .:::.......,{.:...:o.. ~u'tal4~ 915 ,981:::'590295 1998 DE 10 1;":'53 (Space resenred for CleriI) DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS that the undersigned, Williams Island Ocean Club. Inc.. a Dela\\"81'e corporation. being the O"ller of the following described property. lying, being and situated in Miami-Dade County, Florida. to-\\,t (the "Property"): See Exhibit A attached hereto In order to assure the City CommisSion of Sunny Isles Beach. Florida (the "City") that the representation made to them by the Owner in connection with Application No. Z-98-0009 (the "Application") will be abided by, freely. voluntarily and \\ithout dUress, make the follo\\ing Declaration of Restrictive Covenants ("Declaration") covering and running with the Prorerty: 1. llflder~lou..J4. Utilities. On or before six (6) months following tennination of the moratorium u~ ;.:i, ()S~ by City Ordinance 98-40, as may be extended by the City, Owner agrees to fund, to th.. ~it).. in amount and in the manner hereinafter set forth, the reinstallation of public utility lines in the public right-of-way along the east side of the Collins Avenue frontage of the Property (the "Reinstallation"'). In order to fund O\\ner's Pro-rata o;;hare of the Reinstallation costs, the Owne~ shall provide the City with either a bOnd or letter 0,' ::;-edit or Place in escrow \\ith the City such amoUnt,which is equal to the pro~rata share of the cost of the Reinstallation to, the City based on the length of the frontage of the Property in relation to the cost of reinstallation of the public utility lines along Collins Avenue \\ithin the City (based on an initial estimate by the City of $375 per lineal foot of frontage on Collins Avenue mult:/'ed by 402 Iin~ feet of frontage on Collins Avenue"by the Property; hereinafter the "Pro-rata Share"). Notwithstanding anything herein to the contrary, in no event shall the Pro-rata Share of the Reinstallation costs or obligations hereunder exceed $150.750.00. The funds aridJor security provided by Owner 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 detennine, in its sole discretion, the schedule for commencement oftbe Reinstallation, not to exceed five (5) years from the date of ex~ution of this instrument (the "Time Frame"). In the event the City does not proceed with the Reinstallation within the Time Frame and thereafter diligently pursue completion of same and provided that owner has funded the Pro-rata Share, the City shall return the Pro-rata Share or release the bond or letter of credit volunteered hereunder to the Owner. 2. Access Easement Aloml North Prooert\' Line. The City shall not be obligated to issue a ~ificate of occupancy for the use of the Property in accordance with the Application, until such time as Owner agrees to provide the City with an instrument that grants to the City a ten (10) foot wide easement for pedestrlanand vehicular access to and from Collins A venue arid the public beach for the benefit of the City generally along the north PrQperty line (the ~Easement"). Prior to the issuance of a certificate of occupancy for the use of the Property. the Owner shall allow reasonable public access through the Easement provided that such access does not interfere With the renovation. reconstruction or improvements to the Property. The Owner, at its discretion, shall have the right to relocate the Easement at any time (and from time to time). so long as, at all times, the City is provided with a I 0 foot \\ide area for ingress and -vV} lL II:I.Llt~Jb. ~'l'Jill.~ r ~: ~.",~-'~~w,~"'~~~~"",'":":.~"',;;,,~":-......:..~~,,,~.....;,..:~ I..,...'....u:......."............~, .". ..H......" .'. .~'''''''' '" ....... . ';~~ :)' }~ ~ :;:~ +., .~~ ':1; 1, .:..~" .~ . .~ " ~, :t),~ , ,-,'Ii I '~ ':~iJt , ,~ I '~ I '! ,.-':f , 1 'i :-:: ? :~ .~ ] ".;1 .{~ .............,- ,,':.' " ,.' ,.",.,\ ' ,.' . ~ - , ~.f: '8384r; 916 3. Covenant Running with the Land. These restrictions during their lifetime shall be tor the benefit of: and limitation upon, all present and future owner(s) .of the Property and tor 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 puhlic records oO..1iami-Oade County. Florida. and shall remain in full torce and etl't.'Ct and he binding lIpon the undersigned. and their heirs. successors and assigns until such time as th~ same is moditied llr released. pursuant to the tenns hereot: ::., :~~; ~ \f!. Hi' ~~ ~ I :ti i~ ~gre!:lS and upon pnwiding th~ City with written notice a minimum of thirty (30) ml)'s prior to such relocation. :;\: ~fi .~ ~ 4. Tenn, Unless tcnninated earlier in accordance with its terms this Declaration shall be binding on all parties and all persons claiming under them tor a period of thirty (30) years from the date this Declaration is recorded, after which time it shl'll be extended automatically for successive period of ten (10) years each. unless an instrument signed by the then Owner(s) of more than tifty (50%) percent of the subject real property has been recorded agreeing to change the, Declaration in whole. or in part. pr(I\,ided that the Declaration has first been modified or released by the City of Sunny Isles Beach :"~ .~ ,.r~ ~~ ~ ~ ~j ii, 5. Modification. Amendment and Release. This Declaration may be modified. amended (':' released as to the land herein described, or any portion thereot: b)' a "Titten b' , 'lent executed by the then Owner(s) of more than fifty (50%) percent of the subject real P' el1.f petitioning tor such modification. amendment. or release (or if said Property is submitted to .ne condominiwn form of ownership. by the condominiwn association certifying that they are acting on b~half of not less than 50% of the unit owners governed thereby, provided that the same is also approved by the City Commission after public he.. ,"'l.!, .:, " .~ " i 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 Onker. by his Assistant in charge of the office in his absence, shall forthwith execute a \\Titten instrument effectuating and acknowledging such modification. amendment or release. 6. Enforcement. Entorcement shall be by action against any parties or persons violating 0;: attempting to violate any provision of this Declaration, This Declaration. and the acceptan~ hereofby 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 actio n 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 trial and appeal. This entorcement provision shall be in addition to any other remedies available at law. or in equity or both. 7 Authorization to Withhold Pennits 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 or appropriately modified. amended or released. in the manner and mode set forth herein. 8. Severabilitv. Invalidation of any one of these covenants, by judgment ofa court of competent jurisdiction, shall in no way atlect any of the other provisions. which shall remain in full force and effect. :';-: , 9. Effectl.ve Date~ ~s ~l.apl~n studlla,ke effect upon approval oftbe Application and the expiration of any:apJlOals thereOf and the appeal period therefrom (if no appeals have been filed). 10. Recording. This Declaration shall be filed of record in the public records of Miami-Dade Co,unty, Florida at the cost to the Owner. IN WITNESS WHEREOF, the Owner has caused these presents to be executed and signed in its name. , ~~ " -- Print Name. r~,zihtvvlY213 Williams Island Ocean Club. Inc.. a Delaware cOl'pOration By: /l.1;1. Alan M. Matus, President ~~~HL Name: .! ';:a1 MIlt l1KP'/NIIIXI) 'I' .~ '.:Ij ~ -:1 I i r~ :;l .:~ I f ~~~ STATE OF FLORIDA ) ~'- ) COUNTY OF DADE ) The foregoing instrwnent was acknowledged ~fore me this b:r.~ day of ~ , 1998 by Alan M. Matus, President of Williams Island Ocean Club, Inc., a Delaware corporation, on behalf of said corporation. He is personally mown to me (ol..vh6l~ J'luduc..d .as iEleft1:i.fi<.~vn), and who did take an oath. )-;e:..;..~~AA....t/ ~ ~ LICSTATEOFFLORIDA Print Name: Lld.6/J ~ ~AIH.IiO) Commission Number: c.c. 6% ID/ / . Uncla Pari MQtamed . .' '. Nol8ry P\lbllc:. ~ Of Florida 0: ..w Nyeamm.ellpitllSS8ptambe!16.2OO1 Comm. No. CC 68101 1 .~~ ~" .+.. . 4.~.'?r\",-~':""'..;""':'~o41oo::........","",,,,,,",...J~..............~....,.,..~.......,..,.,..,\~,r:.-:'~...~!~~,....,....-.:...,v...~",.........~......,~":......,)......_.~.~ ....:.,..;.. , mt. ;;'8384:'~;':'~j' fa " , JOINDER BY MORTGAGEE The undersigned. Nations8ank, N.A., a national banking association. as Mongagee. under that certain Mortgage. Assignment of Rents and Security Agreement executed by Williams Island Ocean Club, Inc,. a Delaware Corporation. ns Mortgagor, in favor of NationsBank.. N.A.. a national banking association, as Mortgagee. recorded April 2, 1988 in Otlicia1 Records Book 18043. at Page 1726 of the Public Records of Miami-Dade County. Florida. covering all or a ponion of the property described in the foregoing Declaration. does hereby acknowledge that the tenns of this agreemt:;nt are and shall binding upon the undersigned and its successors in title. IN WnNESS WHEREOF. these pres~nls have been executed this " 'i ~day of t)., ~..,l,-~ . 1998. NationsBank, N.A., a national banking asso(iation /' .' /", -1' .... ," ,',' ........-:;:) ~~ '~",/--:' By: '--'?:: _.... -;7'" _:_::::::..&-( Name:,4.I/~..eK ~"'-..)<E", .l,:e-."\.......w.;: ,....-':..;. -.: - i"'~<! &it ,: I J.....:" ."V ,:-- Witness: Print Name: I /6 ~. Witness: . PrinlN :~7~ Address: /0,'" >..,7'fi...,~d- ,;z_.... sr,....."~ _ -;, .'- ,.....-.r::: r",.;. <' .- ,/'1............; r/.: -:.1.... :; '$/3/ . , STATEOF rh&'f)/f COl"'ITY OF :OA-:P~ ) ) ) The foregoin.s instrument was acknowledged before me this /9 day of 0 cI- , 19f/'by jJJ~ ~e." .i)OC. . He personally appeared before me, is/are personally known to ~ or produced - as identification, and [did] [did not] take an oath. Nomry: ~~' Print Name: .A e/'// e L/.."1I/1 Notary Public. State of F/(J;?"" D{.f My commission expires: & 11/97' ss: [NOTARIAL SEAL] 'rb.. NElLIE LIMA :i~ ~lV COMIIISSIOM , cc 470213 ElCPIIlES: MIle. 11199 IlDndId 1lIIlI tlolIlY NlIIC tIIIdIlwrlIIlI ~.~ .~~ -;'c.'. ::.~ .~ it ~ ':I ~ " y " ..i .~. , :{ it " ;, .~ .j! : ,~ ':';~":j!::':~:'/i<<;:'nrx~';~;;:::'~i:;;:::o:!{'.)1:~K,:;:\63.:;<,:::;\\.;:.?&Hii;:;~;j)fi~;~,i:,\7.\":'::: ., ... ..' 81;"" """'919' , ~fr. ' ':.,:,~;fiG" ",' , EXHIBIT "A" LEGJU. DESCRIPTION );10m. 1, All of the portion of Tract "A" and "S" of the subdivision of GULF STREAM PARK, according to the Plat thereof recorded in Plat Book 35, at Page 51, of the Public Records of Dade county. Florida, and the portion of Collins Avenue shown eg, "~,,,:j,"', ,P.l~~"Q.(,~.,.~~.,:P~~,~,"'." .v._Qa,tJ!d..,by."pla.~ ..,p,f., J)cean ,Boule:v:ard .~ifi~;rsi'~~~f~jFf~~ and rtiona>,'of, GOVtt'riiiliml'Lo"tia"Sand ~Citio1iii 'ToWnahi' 52 South' hn ~ ,.PI), ...'",...'..", ......., ...,....'. .........., I, '..., . ... ,:P . , g 4,2Bas,t:;:aI5.\'~~;.'};)Y::'-1'1,~~it:l1";I:'e9f~~ l~, P~~t Book 10. .t p.ge, 64, of the Public, R8c:~"'of':C~~>C\)~~, Fl~~.',more p'~i,c.ula:dy..'de..i:r~~,~asfollowa, . to wit~ That, portion' of 'the Nort;h. 200 f~t of the 'South .5'00 feet of Tract 5 of Subdiy~s~,~" pf GQv~t Lot 6. section 2, Township" 52 South, Range 4;2 Bast and 'Government Lots 1. 2, 4,. and portions of Governments Lot 5 and 6, Section 11, ToWDShi~ 52 South, Range 42 East all recorded in Plat, Book 10, at Page 64, of the Pubhc Records. of nade County, Florida, measured at ,right angles to the South line of said Tract S, lying between the East right-of-way line of state Road A-l-A as sbow by Plat thereof recorded in Plat Bcok 45, at Page 39, of the Public .Records of Dade County, Florida, and the high water line of the Atlantic ocean. pnCEL' ;l,' All of '.. ~ portion of Tract nAn and "Bn. of the subdivision of GULF STREAM PARK, accordin~ to the Plat thereof recorded in Plat Book 35, at Page 5,1" of the Public Records of J)8de COUlity, 'Florida, and that portion of Collins Avenue shown, on sai~ Plat of, aulf Stream Park which was vacated by Plat o'f OCean BOuleVard';State Road 140 Gold~ Beach SUD:ay Isles a~ .-ecorded in Plat, Book '44, at 'Page 2, of the' Public Records of Dade COunty, Flor.lcicl. said above-described property' being contained in the South 500 feet of Tract S of Subdivision of Government Lot 6, Section 2, Township 52 South, Range 42 Bast and Government Lots 1, 2, 4, and portions of Government Lots 5 and 6, Section 11, Township 52 South, Range 42 Bast as shown by Plat thereof, recorded in Plat Book 10, at Page 64, of the Public ~ecords of Dade coUnty, ""C'Jrida, more particularly described as follows, to wit: '!'hat portion of the No:-::th 200 feet, of the SOUth 300 feet of Tract 5 of subdivision of Gove;ament Lot 6; Section 2, TOwnship S2 South, Range 42 Bast and Government Lots 1, 2, 4, and portions of Gove~nt Lots S and 6, Section 11" Township S2 South, Range 42 East as ncorded in Plat Book 10, at Page 64, of the Public Records of Dade COunty, Florida, measured at right angles to the South line of said Tract 5, lying between the East right- of-way line of State RoadA-l-A as shown by Plat thereof recorded in Plat Book 45, at Page :>9, of the Public Records of Dade County, Florida, and the high water line of the Atlantic OCean. ~#Y--.... --=-- ~r~ -- 'TO'{...... tiAR-~, '''l~ ' ~~....,'~ ~~UVIN . .. ~r eOUA'>' DepUty e\erK ..t f, :t 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-17 adopted by the City Commission at its meeting held on the 13th day of August, 1998. Richard Brown-Morilla City Clerk