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HomeMy WebLinkAboutResolution Zoning 98-Z- 18 RESOLUTION NO. 98-Z-18 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, FOR WILLIAMS ISLAND OCEAN CLUB, INC., FOR APPROVAL OF MODIFICATION OF CONDITION B OF RESOLUTION 4-ZAB-44-83, UNUSUAL USE TO PERMIT A NON- COMMERCIAL PARKING LOT TO SERVE WILLIAMS ISLAND OCEAN CLUB, INC., UNUSUAL USE PERMIT TO PERMIT NON-COMMERCIAL PARKING LOT AND NON-USE VARIANCE TO PERMIT TANDEM PARKING, SUBJECT TO CERTAIN CONDITIONS, FOR PROPERTY LOCATED 100' SOUTH OF 178TH STREET AND EAST OF ATLANTIC BLVD.; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Williams Island Ocean Club, Inc., has applied for the following: 1. Modification of Condition B of Resolution 4-ZAB-44-83 passed and adopted by the Zoning Appeals Board on the 9th day of February, 1983 reading as follows: From B: That in the approval of the plan the same be in accordance with that submitted for the hearing entitled" Proposed Addition Two tennis Courts & Pro-Shop for Pan American Hotel, Inc., Miami, Florida", consisting of three pages, prepared by Wayne E. Dennis, Architect and planners, dated 1-7-83. To: That in the approval of the plan the same be in accordance with that submitted for the 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 sheetP-l and dated 6/22/98 on sheetP-2 & P-3. 2. Unusual Use to permit a non-commercial parking lot to serve the Williams Island Ocean Club, Inc. located on a non-contiguous property on the West side of Collins Ave. 3. Non Use Variance to permit tandem parking (none permitted). SUBJECT PROPERTY: Lot 2, 3 and 4 of Block 9 Sunny Isles Shores, Section "B" Plat Book 65 Page 47. ADDRESS: Approximately 1 00 ft South of 178 St. and East of Atlantic Blvd. and, WHEREAS, the public hearing ofthe City Commission was advertised and held as required RESOLUTION 98.Z-18 -1- 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: The 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 as Exhibit "A" to Resolution No. 98-Z-17 and a Unity of Title attached as Exhibit "A" to this Resolution as well as Exhibit "B" to Resolution No. 98-Z-17 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 of the 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. That 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. RESOLUTION 98-Z-18 -2- 9. That the night lighting for the proposed parking lot shall be design so that any overspill of lighting onto adjacent properties be limited to not exceed one-half (~) foot candle power (vertical) and one-half (1120 foot candle power (horizontal) illumination on adjacent properties or structures. An outdoor lighting installation shall not be placed in permanent use until a letter of compliance from a registered engineer or architect is provided stating that the installation has been field checked and meets the requirements as set forth above. 10. That the applicant provide a recordable agreement and a unity of title between the hotel/beach club and the parking lot parcel. 11. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 13th day of August, 1998. ~ if' .;. \ ':/ . -, CITY OF SUNNY ISLES BEACH, FLORIDA By its City Gym'iSSion ; By: /(y (jiJjjJ~ , David Samson, Mayor .; . ''''>" l':'~:" 4.- if ;' '''<..,; "":',, ,: ,~: .... .... \- ;. -..' ,;;1A1J~~~<" '-~ ~ '(.I, \ ;(~~~11~ ~. \ ~chard B!9WP;;Morilla, City Clerk '. "'l 'tt II' 1'- '~_:'" .,; 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 ~es ~es ~es J6res XYes no no no no no RESOLUTION 98-Z-18 -3- Thil inatr\lmellt wu prepared by: JoMph G. GclIdIleln Greenberg Tl'aurig , 221 8rIc:keIl AWnult MlImi. FL 33131 ~::: 18384p~ 910 98R:590294 lr,l93 DE HI 14:~3 (Space leSelVed fof Clerk) \1 ~! ,~ UNITY OF TITLE AGREEMENT WHEREAS, Williams Island Ocean Club. Inc. (the "Owner") is the owner ofiliat property described as: ~:~ :w' See Exhibits A and B (collectively referred to as the "Property"); . :,~ I I 1 :~ I I ,.~ '~ j~ I I ;~ \; I I .~ ',~ ,~ :~ t j" ,~ ~ -.1" WHEREAS, the Owner applied for and received from the City of Sunny Isles Beach (the "Cityj approval to develop the property legally described in Exhibit A for hotel use and for use as a private recreational facility pursuant to City Resolution No. 98- Z-17: WHEREAS, the O\\oner also applied and received from the City of Sunny Isles Beach 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-l8 required the proffer of an agreement and unity oftille between the private recreational facility and the parking lot, . NOW THEREFORE. in consideration of the foregoing approvals, the undersigned Owner hereby agrees to restrict the use of the Property as follows: I . The Owner acknowledges and agrees that the Property shall be considered one plot and parcel of land and that nQ portion of said plot and parcel of Ia..,d shall be :::uld, transferred, devised. or assigned separately, except in its entirety as one plot and parcel of land. , 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, Florida. 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. hislher assistant in charge of the office in hislher absence. "V"f .~ ;1 :'~ " .~; i~ ,i:J ~~;.;~ ...__ JlitfllllWJl_..I'1R~ ~~""'-''',"""",........~.'a,l....~...".,__:._~_~..........,.....,._.....-.-.......p'''''~''~'''' '-'~"."."~ ~~~~!f~:':7,;;~~~~~f#.~"':~'q,;",;"i!,;,"<".,;;:!-~th:':,,,.;:F"",!,~,;;,,,;~,,>("-""-!J~';i.'" ;:;.;;;.~,"., .,' " ~H. 18384..; 911 , .'~'" .#:,.,.~ ,'. ;,;;<"_~r,',:"~,~~.,,,~ 4. The Owner ai:knowledges and agrees to indemnify. hold hunnless. and forever release and discharge the City of Sunny Isles Beai:h. the Otlke of the City Manager. hislher agents. and authorized personnel from any and all liability arising out ot: or in connection with. the approval of the unusual use to pennit the parking lot. including the costs of any suit. attorney's tees. and other expenses in connection therewith, 5. The Owner acknowledges and ab'TeeS to defend. pay. or settle any liabilities and claims against the City of Sunny Isles Beach. the Otlice 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 pel'S(lnnel or property arising out of. or in connection with. the granting of the resolutions, ZaJD IN WITNESS WHEREOF. the O\\ller docs hereby set its hand and sl:al this 1--- day of Octtlher, 1998, WILLIAMS ISLAND OCEAN Cl.UB. INC.. a Delaware corporation n " J$! :",...: By: · Alan MatJ... President Att..t;~=- Robert 1. Fiilvarb. Vice President SUBSCRIBED AND SWORN TO. this~~y of {}~ . 1998 by ~~ ~ ~;;. n/li/'iiJ- ' . who ~ersonally known to me and who acknowledged that they did execute this instrument freely and votunt:uily for the purposes stated herein. My Commission Expires: , Public. State of Florida. at Large Print Name: l..-tA'bl1 PAl::!.j /hdTJfJ~ Conntv' Use Onlv Verifled by: Accepted by: A Linda Pari Motamed e... ". NolaJy Public. Stalloal Floricla .:. :. Mycomm.elOpiresS,pltmbe"6,2001 I is Convn. No. CC (1811111 I "__1;"" 2 ..aM :W ...3 ....~~~-~:';.~.~..":'~..~.........!":-.JI!'~"'""~.~J-':._~..~..~;..fh.w......:.:..~~~,1,:w,-.:.\',.. '::,' li :.~ ;;:. !:' ;.1 .~ ~f ;~ ~ ;~ Ii :~ ~.~ :1. .tI h ~ :~ -" ................-.,.,.~......----- ~n: '8384;; .912 EXHIBIT" A" LEGAL DESCRIPTION PAR~Ell : All of the portion of Tract "A" and "8" 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 bV 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. 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 1 1. 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. Rorida, 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 Govemment 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 la, 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. Florida, and the high water line of tl'.. ~i::cntic Oc'~an. PARCEL 2: All of the portion of Tract . A" and "8" 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 Dae'" County. Florida, and that portion of Collins Avenue shown on said Plat of Gulf Stream Park which was vacated by fllat 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-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 and Government Lots 1, 2, 4, and portions of Government Lots 5 and e, Section 11, Township 52 South. Range 42 East as shown by Plat thE'rf.of, recorded in Plat Book la, 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, !=Iorida, 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 Cade County, Florida, and the high water line of the Atlalltic Ocean. Ill. .lil! l U;r~_~" ;C~"'''n='''''''''.:r.''o1~''~_''''''''~'''''''~'~~''''''''''~''''''''''_''.'.''4.'...... .., _,.. :'1 :~~ ~:; ;':) '~~J y ,:fj .,~: :it ";1 '~ I ;~ .w l! . ':';: :~I .~t ':~ ~{ ;# ',~ :{;:'':.''~' LEGALnl:scRiPnON PARCEL 3: Lot 2, i. Bloek 9 of SUNNY ISLES SHORES. Section "8," ac:c:onliag to the Plat thereof recorded iD Plat Book 6S, at Page 47, ortbe Pablie Records of Dade CODDty, Florida. PARCEL 4: Lots 3 and 4, Block 9, SUNNY ISLES SHORES, SectiOD ".... ac:c:ording to the Plat thereof reeorded in Plat Book 65, at Page 47, of tbe Public Records of Dade CO.Dty, Florida. \~~,. .~~ ;/ '.( :, .:o.t . :." .:.~ . :$ ;/~ ':.'fJ :.:-~ ;~ "U .,)f .!;:. '.' j~ ,. }",' .~~ ~\f. . }} \)~ ':rl~ * "', , ;; '~ " '~~ ~';:;r . .~. ~j .~ I ,j::;' ,', . ".~ . JOINDQBYMOR'l'GAGEE ~,W1~~,N!lli~l1~ N.A., a national banking association, as Mortgagee, Wlder that~'~~~~~~ :~f.Rents and Security Agreement executed by Williams Island ~q\1~,~c:~~.Pe1~~Colpon\tion, as Mortgagor, in favor of Nations Bank, N.A., a national ~~~o~ as Mofuia8ee, reCorded April 2, 1988 in Official Records Book 18043. at Page 1~~9f~~::~U,q:g~~,C)fMi~~~~ 9o~ty, Florida, covering all or a portion of the property d~~:i1ltbe:~iJig,~tYoftit1e agreement, does hereby acknowledge,that the tenus of this agreement are aliCtSban 'biriahig uPOn the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this /~.-( day of 1> O!':' ot.......b"l..- , 1998. Signed, sealed and. delivered in the presence ofthe.se ~...s.c;~~~'" . '/./ / . ,~.' ./" Witness:r /l, :v-1 , Print Name' ~ ~') ---: ,. WitneSs' Print~Name: STATE OF (,L tJR 17) ft COUNTY OF H, .4t1 1- ~ J:) to NationsBank, N.A., a nati~nal banking association By: qU~ ' Name: M...k L.. ;.J:~<4r .J"~c.~- t-':<..... ,,q.-....).c.t""'-+ A~dress: /00 S.G. ,J-A..\: Sf~.... ~' /"'o/H.. .-<=/.....- -"'f:.....;.... F/.._:A.t'l.. 1313 I , ) ) ) ~OW~kE;;.:""l;~~ OF~COUN""', .,~ ~~,~.. ~m RUVl~ . Q.IRj( Ql:<llo!<f-. co::.~'" S8: The foregoing instnnnent was acknowledged before me this I{)"!-day of tEc,"".ce, 1911 by IA~~ ~1$.1'3:l.-; ~ S~ v. P. . HeoersonaIly a~,befnreme, is/are personally known to me or produced '. J as identification, and [did] [did not] take an oath, , , No~: -I?. -kQ.~ Y (' A.-IA ce ( Print Name: ~r.elcl.4- L.. 0*,c,:OLL No~ Public, State of rJ,..ttZ I -',oQ My co~ssion expires: I J l ~ /., "'I [NOTARIAL SEAL] ~:'~~C..\:... ':~'}T.'..::"',~ ::~:".~:~ "', P..\TRICIA L CAR~Oi.L NOTARY PUBLIC5rATE 01' FLORIDA COMMlSS10N'N.O.CC-l~~ MY COMMISSION E,'<P. AN. 16.1999 ~. :',' ,,:. tl ',' .~ '~i: fl~ i .~ ,~ ,~ j,; .... .i\. .._..._......__._.._....~.........,._~.--._.--..._.._ .'~... __...... ........_..._~_._... .._._......... ~ ... ...h...~...._ .::;~:'~ . ~ This miniment was pceparecl by: NlIme: .IoIeph Go GoIdIIIln. Esq, Ac:Idreas: GreenbelQ. Tnlwtg. P,A, 1221 Blickell Avenue MiamI. florida 33131 OfF ilEr. 9Si-{S90295 lQ98 DE 10 1..:''53 (Space reserved for CIeril) DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS that the undersigned, Williams Island Ocean Club. Inc., a Delaware corporation, being the o\\ner of the follOwing described property, lying, being and situated in Miami-Dade County, Florida. to-\\it (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 O\\ner in connection with Application No. Z-98-0009 (the "Application") will be abided by, freely, voluntarily and \\ithout duress. make the fono~ing Declaration of Restrictive Covenants ("Declaration") covering and running with the Property: 1. t l'1derglollil\l Utilities. On or before six (6) months follo\\ing termination of the moratorium:.;~ ;':', osed, 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 ")hare of the Reinstallation costs. the Ownet; shall pro\ide the City ",;th either a bond or letter 0.' :;'edit or Place in escrow \\;th the City such amount,which is equal to the pro-rata share ofthe 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:,:":d by 402 lin~ 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 arid/or security provided by Owner shall be eannarked and' segregated by the City to be applied solely for the purpose of converting utility lines on Collins A venue to underground facilities, The City shall determine. in its sole discretion. the schedule for commencement of the Reinstallation. not to exceed five (5) years from the date of ex~cution 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 Along North Prooertv Line. The City shall not be obligated to issue a ~ertificate of occupancy for the use of the Property in accordance with the Application, until such time as Owner agrees to provide the City \\ith an instrunlent that grants to the City a ten (10) foot wide easement for pedestrian and vehicular access to and from Collins Avenue and the public beach fOf the benefit of the City generally along the north Property 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 ~ith a 10 foot ~ide area for ingress and ""1 .Ai. ~lilIU_~flt1~~~~~'~'~...l;-.l-:-.Mo~..,i"''''''.'''':'''::':-'"'''.:''.o';''V~-.......:..'.:.-:",.......:...._...,..........~.. -. ..... '.'^~r.? :iI !I: \~ .,'.,... .....' 'I" ',;1! :...*. ' . \~ -:~ 1 J:~ '.~.I \1 :~ :,~ ':~ :, f~~ :~ '!~ ,:., ..~ \i , .:~ ~~ "/; ,;.: .~i 1 ~, '{~ t ~. (1 ~ 'if< ,) ~ J " j ..~ ~~.\ i- ,.... , "!! ',' .". .-.....~, -:~! ~?~,,:;~';,f~,~~:~,,~--:':'I:r!/~~"!";t;'(1 ,.'_., ,_ .' ".>;",;;~'; ~"., .:..- ':' .:i!.',f';I..,;,:,;".A:""""", ~r 18384..; 916 ~g.n:-:iS <\nd upon providing th~ City with writt~n notic~ a minimullll)fthirty t.30) d.1Y~ prior to such rdoc.\tion. 3. Covenant RunninlJ with the Land. Thes~ restrictions during their litetime shall 00 tor the benetlt ot: 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 Illay be l\.'Corded in the public records ofT\liami-Dade County. Florida. and shall remain in full torce and etl't.'Ct and be binding upon the undersigned. and their heirs. Sllccessors and assigns until sllch time as th~ same is modified or released. pursuant to the tenus hen.'Of 4. Term. Unless temlinated earlier in accordance with its temlS this Declaration shall be binding on all parties and all persons claiming under them for a period of thirty (30) years trom the date this Declaration is recorded. after which time it sht-II be extended automatically for successive period of ten (10) years each. unless an instrument signed by the then O\\ner{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. provided that the Declaration has first been modified or released by the City of Sunny Isles Beach 5. Moditlcation. Amendment and Release. This Declaration may be modi tied. amended ':':' ~Ieased as to the land herein described, or any portion thereot: by a written i'~" , '"lent executed by the then O\\1\er(s) of more than fifty (50%) percent of the subject real P' .e11)'" petitioning tor such modification. amendment. or release (or if said Property is submitted to .ne condominiwn fom\ of o\\nership. by the condominiwn association certifying that they are acting on bt: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.. ,"'g 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 in his absence, shall forthwith exC\:ule a written instrument effectuating and acknowledging such moditication. amendment or release. 6. Enforcement. Enforcement shall be by action against any parties or persons violating 0:- attempting to violate any provision of this Declaration. This Declaration. and the acceptan~e 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 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 \....ithhold 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 tmumer and mode set forth herein. 8. Severabilitv. Invalidation of anyone of these covenants. by judgment of a court of competent jurisdiction, shall in no way atl"ect any of the other provisions. which shall remain in full force and effect. :.~ ',~ if: :i; i.f '. " ~ ~\ ..! t1 .~, ~ ." >:. "k ,; j 9. Effective Date. This ,~laI'ation shall take effect upon approval of the Application and the expiration of anY,apPea1s 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 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. .iJ~' By: Alan M. Matus, resident :i;. '.iY ~Il ~~ .;:; w~ Print Name. ~"-:~"l'213 Williams Island Ocean Club, Inc., a Delaware corporation " . 't 'j, " STATE OF FLORIDA ) ~'- ) COUNTY OF DADE ) The foregoing instrwnent was acknowledged ~fore me this tr.~ day of ~ , 1998 by Alan M. Matus, President of Williams Island Ocean Club, Inc., a Delaware corporation, on behalf of said corporation. He is personallv mown to me (or who 11= IlluJu,-ed .as iEteRafi...d.t~vn), and who did take an oath. ~l~~:';RIDA :t ;~I' :~ . .~, ~,~ '~ .'1 I :?~ .;~ '.~ '!Ii >, )l ~~ ii ~~: ~ ~~~ . Name:.~ ';~'J PAIZ,' ~~ UncIa Pari Motamed e.' '. Notary Public. Stalf.of FlOri<la .: '. Nycomm. IlIpiI8sS8pltmber Ill. 2001 . Comm. No. CC 6111011 11 :~ ,i} ~ * .~ .~ ~~ Print Name: L.lhi6/1 iWAI hMrl'/1N1i!:2' Commission Number: (J,(:. 6/ /D/ / ",';-, . 1 -.dlo.- :;; ~1 . ~~.'l?'<""_"._W~..~_~"""",""-4I"".'ISt'."-W:'''''__'''''_"''I'''''''.~'',,, ":"l.~,A\~,"''''''>;~I''''''.io'''''''~~1.,v..po..._.':'~''''''~~''l......'lt......_",~.>a~ L~~!;'t';r","...."~I{~f~~~~~~~~~~~~~:~~"'~~~'l!,,,~!i.,~!:;.~t"f;:i\~'"~,.,, '...... . . rn r '18384'. '9 J 8 ' .:ir. ' rc JOINDER BY MORTGAGEE llle undersigned. NattionsBank, N.:\., a national banking association. as Mortgagee. under that certain l\'lortgage. Assignment of Rents and Security Agreement executed by Williams Island Ocean Club. Inc.. a Delaware Corporation. tlS Mortgagor. in tavor of NationsBank. N,A.. a national banking association, as Mortgagee. recorded April 2. 1988 in Ollicial Records Book 18043. at Page 1726 of the Public Records of Miami-Dade County, Florida, covering all or a portion of the property described in the foregoing Declaration. does hereby acknowledge that the ternlS of this agreemt:.nt are and shall binding upon the undersigned and its successors in title. IN Jt'ffNESS WHEREOF. these presents have been executed this " '/ ~day of C,. r-~l~..~ ,1998, NationsBank, N.A.. a national banking association c\.. / ,7',1 ,,'/-i, -/.? f", ~'J" By: .....-: ',- _ <-.A 0' -:----<c:t Name:-IV{f4.-!'."C ':"c...,;),,~ .l.c.-,......~.....~ ,,"""-;';'.c.: - I~~<!~~" ,,)..:."\.',':'- Address:L9'<:;: .>.., H:.... ,_d- ~-.( S-r,.....d- ~....-r........z.: N: COl.... ~/VfID...~.., .r:~ -.'..(,..... 3 :S~J.I STATE OF F/be,;.D /1 COlTl\ffY OF ])A-J)t5; The foregoin,g instrument was acknowledged before me this /9 day of 0 cr , 192f'by fJ?a~ ~e'; J,)OC . He personally appeared before me, is/are personally known to ~ or produced - as identification. and [did} [did not] take an oath. Notary: J)/JJ.I ~ '. ~' [NOTARIAL SEAL] Print Name: ~ r;z;;;.// c: L ,-,'1//1 Notary Public, State of F/~;e.-f 'Dtf My commission expires: &7 I tf/ 9Y ss: ..~ NELLIE UMA 1.~ ~lY COMlISSlON' cc 470213 EllPlIB: June 8, 1M 8GlIdIIdlln NolIlY NIIc ~ ~l~ .~'~~ \~, ,,' 'it. ~.} ~ f, 'g. "~ ~:~ t~. ;~. ~i .} i~ I .~ , . ~ ;.i. ;~ .}~ .t ~~ .:; b EXHIBIT MAM LEGAl. DESCRIPTION PARCEL l' All of the portion of Tract MA" and "BM of the subdivision of GULF STREAM PARK, according to the Plat thereof recorded in Plat Book 3S, at Page 51, of the Public Records of Dade COunty. Florida. and the portion of Collins Avenue shown 01:\ ,I!ICl~Q" Jilla~(:I~~.s~".Ii'~Wh..i,c;h.~s,:I!:~C::l!lt~dbYJ?la!:pf,Q<;eClnBOlJ.levard State~9ad'14()~,~~~n'(~~~cb, ~y,i+I!I;1~s,as ,~~~"inPlllt' !!o01t,:44.,at ,Page' '2, of\~e,~lic:,,1t~~,Jof ;J)~ge~ty. . F1Q:l;i,dCl,." '~d4bo":,,e:d~scribed proPi!rty beingcontained>:J.nthe ,SO\lth500 >feet of 'J:X'act',5 ofsubdiv:J.uon of Government Lot 6;Se~ion2/'~~11i.p:5~,iSoUt.h;'~ange~2~st.QO~rnmentLOts 1," 2, '. 4. and p()rt.i,ol1S>0~GovernmeJ1t,L()!;:IaS,anci:6;,S.ctiOI1.l1. To\fil1ship 52 south, Range 42BaBtaIl8h~bY,l'liltth!!:re<)frecoI'l1ed in PJ,.at Book 10. at, page 64, of the Public Records of D/i!.dI!COunty. Florid...., more particularly, 'de'8cdbed, asfollows, to wit: 'l'hat portion of the North, 200 feet of the 'South ,500 feet of Tract 5 of Subdi'\l'.i,si~, (:If GQvernment Lot 6, Section 2. Township S2 South. Range 4'2 East and Government Lots 1, 2. 4, and portions of Governments Lot S and 6, Section 11, Township S2 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 S. 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. Florida. and the high water line of the Atlantic Ocean. PARCEL ' ~. All of '.. ~ },'Ortion of Tract "A" and "B". of the subdivision of GULF STREAM PARK, accordin~ to the Plat thereof recorded in Plat Book 3S, at Page 5,1, of the Public Records of pade Cowity, 'Florida, and that portion of Collins Avenue shown, on said Plat of, Gulf Stream Park which was vacated by Pl,at of Ocean BouleVard~State Road 140 Gold~ Beach sunny Isles ae :ecorded in Plat ,Book '44, at Page 2. of the Public Rec,ords of Dade County. Flor.lcid., said above-described property'being contained in the South 500 feet of Tract S of Subdivision of Government Lot Ei. Section 2, Township S2 South, Range 42 East and Government Lots 1. 2. 4, and portions of Government Lots 5 and 6, Section 11, Township S2 South, Range 42 East as shown by Plat thereof. recorded in Plat Book 10. at Page 64. of the Public l\ecords of Dade cOunty. ""<'Jrida. more particularly described as follows, to wit: That portion of the No~th 200 feet, of the South 300 feet of Tract 5 of subdivision of Govermnent Lot 6; Section 2. Township S2 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. 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 4S, at Page :'9. of the Public Records of Dade County, Florida. and the high water line of the Atlantic Ocean, ~""~~ ~~ "t~c:",!:,,"tr,,~ ~~~~N , " COU~" ',0',;:"1:1 ,:~ '{~ .\;: '.;';::' :.", '~~;f,ij ~1 .:." (~".;' .',.:li :~~ "f5; ":~.' ::~;:;. ,~ 1 ,...-:. :i\:1j "J~ '~.~,:~? .;;., ..... .,:;;;~, '.,.~, ".:.!' '.'\ ',~~~ '~ .. it': .' " ,'~ '{~~ .~:, '.';~: :... . \.~ ~ ~.:: '~ , , )\. ..~; 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. 98-2-18 adopted by the City Commission at its meeting held on the 13th day of August, 1998. Richard Brown-Morilla City Clerk LMD\ch RESOLUTION 98-Z-18 -4-