HomeMy WebLinkAboutResolution Zoning 98-Z- 28
RESOLUTION NO. 98-Z-28
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING
THE REQUEST OF CASTELITA INVESTMENT CORP,/M &
N PROPERTIES, L.L.c./D.P. CARAVAN L.L.C. FOR NON
USE VARIANCES, SUBJECT TO CERTAIN CONDITIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Castelita Investment Corp.1M & N Properties L.L.C./D.P. Caravan L.L.C.,
has applied to the City Commission of the City of Sunny Isles Beach for the following:
1. Special Exception for site plan approval to permit an apartment development.
2. Non Use Variance oflot coverage requirements to permit proposed development with a lot
coverage of 49% (40% permitted).
3. Non Use Variance of floor area ratio (F.A.R.) requirements to permit a floor area ratio of
2.916 for the proposed development, provided request is made to the City to accept
dedication of an 80 ft. easement to acquire F.A.R. bonus increase in accordance with Sec.
33.222 to reduce F.A.R. requirement to 2.5 (2.0 F.A.R. permitted).
4. Non Use Variance of setback requirement to permit proposed building to setback 146 ft
(179 ft required) from the rear (east) property line.
5. Non Use Variance of setback requirement to permit proposed building to setback 31.16 ft
(202 ft required) from the interior side (south) property line and setback 87.67 ft ( 131 ft
required) from the interior side (north) property line.
6. Non Use Variance of height requirements to permit proposed building with a height varying
from (24 floors )256.33 ft to (39 floors)396.33 ft ( 76.21 ft to 370 ft permitted height).
SUBJECT PROPERTY:
Tract 'D' of Amended plat of North Biscayne Beach Pb 44 Pg 42 of
the public records of Dade County, said North and South property
lines extend Easterly to the Erosion Control Line, said line recorded
in Pb 134 Pg 47 ofthe public records of Dade County.
ADDRESS:
19101-19111-19115 Collins Avenue;
and
WHEREAS, a public hearing of the City Commission was advertised and held as required
by law and all interested parties concerned in the matter were heard, and upon due and proper
Resolution 98-Z-28/Castelita
-1-
consideration having been given to the matter and to the positive recommendations of both the
Zoning and Code Administrator and the Building Official;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, THAT:
1. Items 1 through 6, requests for Non Use Variances, are hereby approved subject to the
following conditions:
A. Item 6 on Page 1 of this Resolution is hereby amended to read as follows:
"Non Use Variance of height requirements to permit proposed
building with a height varying from 256.33 ft to 396.33 ft.
B. That a site plan be submitted to and meet with the approval of the 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.
C. That in the approval of the plan, the same be substantially in accordance with that
submitted for hearing entitled "Aventura Beach Chateau Resort Condominium',
prepared by Kobi Karp Architects, Interior Designers dated 7-1-98 consisting of 10
pages, plans entitled "Survey for Dezer Properties Co.", prepared by Zurwelle
Whittaker, Inc. dated stamped received 7-1-98 and plans entitled "Aventura Beach
Chateau Resort Condominium", prepared by Witkin Design Group dated 8-11-98
consisting of 2 pages.
D. That the use be established and maintained in accordance with the approved plans.
E. 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.
F. 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.
G. 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
Resolution 98-Z-28/Castelita
-2-
Sunny Isles Beach.
H. 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.
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 all 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 of the project.
L. That the provide a proffer a covenant to pro-rata share of undergrounding utilities
along the frontage of the property on the public right of way, pro-rata share for
Collins Avenue beautification and for dedication of easement for beach access.
M. The developer should be required to provide landscape improvements at and within
the AlA right of way corridor to increase the effectiveness of the buffer zone between
this development and the low density residential district located directly to the west
ofthis project. Such improvements should be consistent and compatible with plans
prepared by the City's Landscape Architect.
N. No parking garage structure which exceeds 1/2 story or 6 feet above the public
sidewalk grade should be permitted within 75 feet of the Collins Avenue property
line. (It is important to note that, under the existing Dade County zoning code as
adopted by the City, parking garages are not counted towards FAR, There impact is,
therefore, in excess of the FAR granted for the main structure. Consequently, it is
necessary to insure that this increased building bulk is properly distributed and
adequately buffered so that it does not create incompatible scale differentials at the
right of way which will tend to dwarf pedestrian activities and otherwise render the
right of way inhospitable. Additionally, it is necessary for the City to insure that the
configuration of the parking garage does not nullify the setback buffers and other
development features intended to protect the community as a whole from the impacts
of this developments bulk and scale).
O. No parking garage structure should be permitted within any proffered easement.
P. No portion of the proposed parking garage structure should be visible from the
Collins Ave right of way. The entire front setback should be bermed and fully
landscaped to insure that the front setback provides an adequate buffer necessary to
mitigate the impacts ofthe increased bulk and scale ofthe proposed structure from
adj acent pedestrian activities as well as from the low density residential property to
Resolution 98-Z-28/Castelita
-3-
the west.
Q. Pedestrian safety improvements including, but not limited to traffic lights, additional
crosswalks, safety fencing, signage and the like within the public right of way should
be mandated to insure the accessibility of the proffered easement and to insure the
safety of the residents who wish to utilize the proffered access easements.( This
condition is especially important due to the location of the northern easement at the
confluence of two major roadways (i.e. Collins Ave & The William Lehman
Causeway).
R. No wall, fence or visual obstruction of any kind shall be placed within 25 feet of the
Collins Ave. public right of way and no such wall or fence shall in any way obstruct
an access easement. No portion of an access easement shall be utilized for vehicular
access to the parking garage or to main structure loading docks etc,
S. Paving within the front setback shall consist of pavers or other decorative materials
approved by the Building Official. Under no circumstances shall asphaltic concrete
or plain concrete be utilized as paving in the front setback. (This is intended to
mitigate the visual impacts of so large a scale development upon the adjacent land
uses).
T. The proffered access easements shall be fully landscaped and public facilities
including, but not limited to benches, lighting, public restrooms and foot showers
shall be provided or constructed by the developer therein according to a plan
approved by the Building Official. The developer shall not be required to pay for the
use of electricity or water by the public after the completion of initial construction
but, he will construct the necessary infrastructure to including water lines, plumbing
and electrical service as will be necessary to make the easement fully operational.
(By law, the grant of any FAR bonus based upon the grant of access to the ocean or
the bay shall consist of improved access easement/s).
U. The developer must agree to finance his pro-rata share of long term beach re-
nourishment costs which may be required as a consequence of the impacts that this
development will have upon the erosion ofthe adjacent public beach,
V. No walls or fences shall be constructed within 15 feet of the public beach along the
rear property line unless the wall or fence is buffered from the beach by a transition
boardwalk at least 15 feet in width running from side property line to side property
line along the rear property line. The buffer may be constructed within the public
right of way at the developers sole cost provided he obtains permission from all
necessary public authorities. Alternately, if permission cannot be obtained at the
time of construction, the developer may opt to escrow an appropriate sum equal to
the cost of the buffer so that the City can construct the boardwalk buffer at a later
date when permission can be obtained. Should permission not be obtainable within
a twenty year period of the commencement of construction, the funds would be
Resolution 98-Z-28/Castelita
-4-
returned to the developer along with any accrued interest that the escrowed funds
may have earned during that period. This provision is deemed necessary to insure
that the bulk and scale ofthis proposed project does not intrude upon the usability of
the beach, to improve north-south accessibility for handicapped individuals using the
access easement to the beach and, to insure that there is an appropriate transition
between the beach and the built environment.
W. This project site is located within the Coastal High Hazard Area in a Class I
evacuation zone. It is therefore necessary for the developer to mitigate adverse
impacts which his project may have upon the feasibility ofthe City's Coastal Hazard
Mitigation Strategy. All overhead utilities adjacent to the public right of way should
be placed underground in order to insure the public safety during an evacuation
procedure and to insure the ability of the City to restore public utility service
subsequent to a storm event.
2. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 17th day of December, 1998.
CITY OF SUNNY ISLES BEACH, FLORIDA
::I~C1j~
David Samson, Mayor
ATTEST:
~(~\~ :J"4~":,' ';..,
'..~ "~-.'~~~~",
'~'Richard Browrt-Morilla, City Clerk
/ ,
.-
. ,
Resolution 98-Z-28/Castelita
-5-
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VOTE:
0(
\htA.~ ~~ moved and ~l~ ~ seconded approval of the requested
zoning odifications, and upon a roll call the vote was ~ -.lL. in favor:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
Resolution 98-Z-28/Castelita
~es
~es
5;es
~:
no
no
no
no
no
-6-
This instrument prepared by (or under the supervision of),
and after recording should be returned to:
, ,
,
;"
Laurence T. Lewitas, Esq.
89 Fifth Avenue
New York, New York 10003
99R306758 1999 JUN H l1:Yt
DOCSTPDEE 0.60 SURTX (~~5
HARVEY RUVIN, CLERK DADE COUNTY, FL
(Space Reserved for Clerk of Court)
BEACH ACCESS EASEMENT AGREEMENT
THIS BEACH ACCESS EASEMENT AGREEMENT (the "Agreement") is made
and entered into as of the Il~ day of December 1998, by and between CASTELITA
INVESTMENT CORP., a Delaware Corporation, M & N PROPERTIES L.L.c., a Florida
Limited Liability Company, and DEZER PROPERTIES 291 L.L.c., a New York Limited
Liability Company, Michael Dezertzov and Neomi Dezertzov ("Grantor"), having an address of
89 5th Avenue, 11th Floor, New York, New York, 10003, and THE CITY OF SUNNY ISLES
BEACH, a municipal corporation existing under the laws of the State of Florida ("Grantee"),
having an address of C/O City Manager, 17070 Collins Avenue, Suite 250, Sunny Isles Beach,
Florida 33360.
RECITALS:
WHEREAS, Grantor is the developer of a certain apartment project to be known as
~ I vVt> located on that certain property lying and situate in Sunny
Isles Beach, Miami-Dade County, Florida, and more particularly described on Exhibit "A"
attached hereto (the "Project");
WHEREAS, Grantor is the owner of the portions of the Project more particularly
described in Exhibit "B" attached hereto and by this reference made a part hereof (the
"Easement Parcels"); and
~\~/
WHEREAS, in connection with Grantee's approval of the Project, Grantor has d
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grant and create, and Grantee desires to obtain, on the terms and conditions hereinafter se
two Easements (as hereinafter defined) over and across the respective Easement Parcels for the
purposes hereinafter set forth.
NOW THEREFORE, Grantor, in consideration of Ten ($10.00) Dollars, and for other
good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged,
Grantor and Grantee hereby agree as follows:
1. Recitals. Thetoregoing recitals are true and correct and are incorporated herein as
if repeated at length,
2. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement
(the "Easement") in favor of Grantee over and across the Easement Parcels solely for: (a)
pedestrian ingress and egress from Collins Avenue to the beach lying easterly of the Easement
Parcel and (b) the personnel of the police and fire departments and other governmental
authorities having jurisdiction over the Easement Parcels while engaged in the performance of
their official duties. Grantee may permit members of the public to also use the Easement Parcels
to the same extent as the Grantee as provided in clause (a) above.
3. Design. Construction and Maintenance of Easement Parcels and Improvements.
Grantor and its successors and assigns shall have the exclusive right to design, build, furnish and
maintain any and all improvements (including but not limited to landscaping, irrigation and
lighting) located within the Easement Parcels. The design of and any and all materials to be used
for any and all improvements within the Easement Parcels shall be presented to the Grantee for
its approval prior to construction of such improvements, which approval shall not be
unreasonably withheld or delayed. Grantor shall at all times maintain the Easement Parcels
(including any and all improvements which may be constructed thereon from time to time) in
good condition and in a safe, clean and reasonably attractive manner. In the event that Grantor
fails to maintain the Easement Parcels in the condition described in this Section 3, then the
Grantee may give notice of default to the Grantor, and the Grantor shall have thirty (30) days
following the date of receipt of such notice to restore the Easement Parcels to the required
condition, or in the event the restoration cannot be completed within such thirty (30) day period,
to commence restoration and diligently pursue same to completion. In the event that the Grantor
.
. ," ,
., ,
" ,
within thirty (30) days following receipt by the Grantor of a reasonably documented invoice for
same. Notwithstanding the foregoing, in the event that any repairs, replacements or maintenance
is required as result of Grantee's misuse or neglect of the Easement Parcels, said repairs,
replacements and/or maintenance shall be the obligation of the Grantee at the Grantee's sole cost
and expense.
4. Mechanic's Liens. Grantee shall keep the Easement Parcels (and all portions
thereof) at all times free of mechanics' and/or construction liens and any other liens for labor,
services, supplies, equipment or materials purchased or procured, directly or indirectly, by or for
Grantee. Grantee agrees that it will promptly pay and satisfy all liens of contractors,
subcontractors, mechanics, laborers, materialmen and others of like character, and will indemnify
the Grantor against all liabilities, expenses, costs and charges, including, without limitation, bond
payments for release of liens and attorneys' fees and costs reasonably incurred in and about the
defense of any suit in discharging the Easement Parcels (or any portion thereof) from any liens,
judgments or encumbrances, caused or suffered by or through Grantee. In the event any such
liens shall be made or filed, Grantee shall bond against or discharge same within thirty (30) days
after receiving written notice of the filing of same, Grantee shall not have any authority to create
any liens for labor or material on the Easement Parcels and all persons contracting with Grantee
for the performance of any services, supply of any materials or provision of any labor for any
work done in, on or around the Easement Parcels, and all materialmen, contractors, suppliers,
mechanics and laborers are hereby charged with notice that they must look solely to Grantee to
secure payment of any bill for work done or materials furnished at the request or instruction of
Grantee.
5, Com,pliance With Laws. The beneficiaries of the Easement shall at all times
observe in the use of the Easement Parcels all applicable municipal, county, state and federal
laws, ordinances, codes, statutes, rules and regulations.
6. Reservation. Grantor hereby reserves the rights of ownership in and to the
Easement Parcels which are not inconsistent with the Easement, including, without limitation:
" ,
access and ingress and egress to, over, and from the Easement Property and the Property; service
access to, over and from the Easement Property and the Property; installation, maintenance and
use of utility facilities and access therefore and maintenance thereof; the right to conduct any
activity upon the Easement Parcels which promotes the security of the Easement Parcels or the
Property or any persons or property located thereon, to the extent permifted by applicable law, as
long as public access to the beach through the Easement Parcels is reasonably maintained; and
the right to construct and maintain any signs within the Easement Parcels as may be permitted by
applicable law; and (c) the exclusive right to design, build, furnish and maintain any and all
improvements (including but not limited to landscaping and lighting) located within the
Easement Parcels.
7. Indemnification. Subject to the provisions of Section 768.28, Florida Statutes,
Grantee hereby agrees, and all parties by virtue of their use of the Easements shall be deemed to
have agreed, to jointly and severally indemnify, defend and hold harmless the Grantor (and all of
its members, officers, directors, employees, successors and assigns) from and against any and all
liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorneys'
fees and costs whether suit be brought or any appeals be taken therefrom) arising from, growing
out of or connecting in any way with any improper use of the Easement and the Easement
Parcels.
The grantor hereby agrees, and all parties by virtue of their use of the Easements shall be deemed
to have agreed, to jointly and severally indemnify, defend and hold harmless the Grantee (and all
of its members, officers, directors, employees, successors and assigns) from and against any and
all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorneys'
fees and costs whether suit be brought or any appeals be taken therefrom) arising from, growing
out of or connecting in any way with failure of the Grantor to maintain the Easement and the
Easement Parcels as provided in Section 3.
8. Enforcement. The provisions of this Agreement may be enforced by all
appropriate actions at law and in equity by the Grantor and/or the respective fee owners from
9. Construction. The section headings contained in this Agreement are for reference
purposes only and shall not affect the meaning or interpretation hereof. All of the parties to this
Agreement have participated fully in the negotiation of this Agreement and accordingly, this
Agreement shall not be more strictly construed against anyone of the parties hereto. In
construing this Agreement, the singular shall be held to include the plural , the plural shall be
held to include the singular, and reference to any particular gender shall be held to include every
other and all genders.
10. Notices. Any and all notices required or desired to be given hereunder shall be in
writing and shall be deemed to have been duly given when delivered by hand or three (3)
business days after deposit in the United States mail, by registered or certified mail, return
receipt requested, postage prepaid, and addressed to the applicable party to the address set for
such party set forth at the top of this Agreement (or to such other address as either party shall
hereafter specify to the other in writing),
11. Severability. In the event any term or provision of this Agreement is determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given
its nearest legal meaning or be construed as deleted as such authority determines, and the
remainder of this Agreement shall be construed in full force and effect.
12. Successors and Assi~s, This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
13. Amendments; Termination. This Agreement may not be amended, modified or
terminated except by written agreement of the parties hereto. Further, no modification or
amendment shall be effective unless in writing and recorded in the Public Records of Miami-
Dade County, Florida; provided, however, to the extent that any portion of the Project is
submitted to the condominium form of ownership (each portion to referred to as a
"Condominium Parcel"), then, as to that portion or portions, the instrument of amendment or
modification shall be executed by the applicable condominium association(s) in lieu of the fee
owners of the Condominium Parcel(s) of the respective properties and their mortgagees.
" ,
14. Entire Agreement. This Agreement constitutes the entire agreement amo
parties with respect to the subject matter hereof and supercedes all prior agreem , ' .. ..~...
'~ "'
understandings, and arrangements, both oral and written, between the parties with respec ~JM'(.
thereto.
15. IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement
Agreement as of the day and year first above written,
CASTELITA INVESTMENT CORP"
---f1t-G~'
Print Name: ~1~A'2 10Q~I\Jt'A-
::elawVl\L
Name: h.\ \ clo.-eJ De--ZbY""
Title: ?e~s llj6",r(
M & N PROPERTIES L.L.C.,
~Lup ,
Print Name: r m,-tL W 'i:-{tJ 0It-
a Florida Limited iability Company
BY:~'\
Name: rnl~~ f)eu:-.r
Title: f\1 frlJ. D i R.. cr.c- It>Je_
-
DEZER PROPERTIES 291 L.L.C.
~J#' >
Print Name: P trzip__ W f 1J4J'C12-
By:
imi:~panY
Name: ' l c...ho.d be.z.-~
Title: f4~. J)(R~L~
" ,
. "
DEZER PROPERTIES 291 L.L.C.
A New York Limited Liability Company
BY:
BY:
~\~\
Michael Dezertzov
BY:
Yl~~ a.+--
Neomi Dezertzov
~
EXHIBIT "A"
LEGAL DESCRIPTION
Tract "D" of the AMENDED PLAT OF NORTH BISCAYNE BEACH, according to the
Plat thereof, as recorded in Plat Book 44, at Page 42t of the Public Records of Dade
County, Florida, measured at right angles to the South line of said Tract; AND that strip
of land lying between the Dade County Bulkhead Line and High-water line of the
Atlantic Ocean and lying between the Prolongation East of the North and South boundary
:==lines of the parcel of land together with all commmFlaw and statutory riparian rights
and/or littoral rights appertaining thereto.
,~
. . .
EXHIBIT "B"
. .
A Proposed Easement over the south 25.00 Feet as measured at right angles to the -south
line of Tract "D", amended plat of North Biscayne Beach, recorded in Plat Book 44, at
Page 42 ofthe Public Records of Miami-Dade County, Florida.
Begin (P.O.B.) at the Southwest Corner of the above referenced Tract "D" and run N. 860
58' 06" E., along the SouthJine of Tract "D", a distance of 434.43 feet to the~rosion
Control Line of the AtlantIc Ocean, said line recorded in Plat Book 134, at Page 47 of the
public records of Miami-Dade County, Florida; thence run N. 3001 '22" E, along said
Erosion Control Line, a distance of25.14 feet; thence run S. 86058' 06" W. parallel with
and 25.00 feet North of the South line of said Tract of said Tract "D", a distance of
434.41 feet to the Westerly line of Tract "D", also being the Easterly line of State Road
A-1-A, A.K,A State Road #140 and Ocean Boulevard; thence run South along the
Westerly line of Tract "D", a distance of 25.14 feet to the Point of Beginning (P,O.B.);
Easement contains 10,859 square feet.::t or 0.25 acres.::t.
AND
A Proposed Easement over the North 82.00 feet as measured at right angles to the North
Line of Tract "D", amended Plat of North Biscayne Beach, recorded in Plat Book 44, at
Page 42 of the public records of Miami-Dade County, Florida.
Begin (P.O,B.) at the Northwest corner of said Tract "D", said point being on the Easterly
right of way of State Road A-1-A, A.K.K. State Road # 140 and Ocean Boulevard; and
run N. 88003' 56" E, along the North line of Tract "D", a distance of 433.33 feet to the
intersection of the Erosion Control Line of the Atlantic Ocean, said line recorded in Plat
Book 134, Page 47 of the public records of Miami-Dade County, Florida; thence run
S. 3'01' 22" W. along the Erosion Control Line 82.46 feet to a point; thence run
S. 88"03' 56" W. a distance of 433.24 to the Easterly right of way of said State Road A-l-
A, along the Westerly line of Tract "D", a distance of74.70 feet to a point; thence run
N. ]054'26" E. along the Westerly line of Tract "D", along the Easterly line of State Road
A-1-A, a distance of 7.74 feet to the Point of Beginning (p.0.B.), Easement contains
35,586 square feet.::t or 0,82 acres .::t.
12/10/1998 17:15
305'3453737
KOBI KARP ARCHITECTS
PAGE 02
d _WI ~T:
,lOINDER BYMORTGAGEE FOR BACH ACCESS AGBJr,EMEN ~~.
The undersigned, Colonial Bank., Mortgagee, under those certain mortagages recorded
in Official Records Book 17896 at Page 907 and Official Records Book 17896 at Page 928
of the Public Records of Miami-Dade County. Florida, covering a1Uor a portion of the
property described as Exhibit "B" in the foregoing agreement, does herby acknowledge that
the terms of this agreement are and shall be binding upon the undersigned and its
successors in title, but does not assume nor shall mortgagee have any liability for
pe.rfonnance of grantor's obligations thereunder. Mortgagee executed this joinder solely to
subject lien of its mortgage to the easement.
IN WITNESS WHEREOF, these presents have been executed this I 7 day
o~c.e)vJ b..Rr .19 9 r .
~s~y .' ?LONlAL.8~~ORTOAGEE
(Irr~Y ,~L /~~
PrintName l1n'1dA/4- 0;.."W1 Print Name: rR/~H7JJf/J ;:J. ])#1//<
Print TItle: Vt~.e- /" P /'-tf? 5,
AG;j)fh~
-
Print Name; /vie ThflfL Bec.f elL.
. . .
STATE" OF FL
I H ORIDA CO
~REB CERTIFY th : . ~~TY OF DADE
orIgin '/ a 'I-"s Is ,
I .d in th' a ?~P" f h
IS office on ,I(i ~ ·
mYh ~d,n . ,A., 19~
UVI" ' Of, Icial Seal
it CL': .
- of Circuit and C
OuntyCourh
O.C.
STATE OF FLORIDA
COUNTY OF DADE
)
) SSe
)
The foregoing instrument was acknowledged before me this L2- day of
(};~JAA, ' 19~, by (lAA"~/NV) 14. ~as I~ /~ of
C6lOrrlal Bank, Mortgagee, on behalf of said Mortgage~ He/She is personally known to me or
has produced as identification
and did take an oath,
Name:
My Commission Expires:
No,:
Commission
[NOTARIAL SEAL]
PEREZ
ttt CCMMJBU)N' CC 578481
EXPlfES: AuguIl20. 2000
IlondId lIlnI NGIIIY NlIc \blIIWIlllllI _ ..
, "
"
99R306745 1999 JUN 1+ 11:29
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:
',. I
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 Z-97-000126(C) will be abided by,
freely, voluntarily and without duress, make the following Declaration of Restrictive Covenants
("Declaration") coveringcand running with the above-described real property:
That in order to achieve approval for the proposed condominium project as indicated in
the plans entitled A ventura Beach Chateau Condominiums prepared by Kobi Karp Architecture
and Interior Design sheets , dated 6/5/98, and plans entitled Aventura Beach Chateau
Schematic Landscape Plan, prepared by Andy Witkin, dated said plans filed 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 Kobi
Karp Architecture and Interior Design, noted above, and as otherwise modified by the terms of
this Declaration.
2. Impact Fees. The Owners shall pay all applicable impact fees at the time of
application for building permit or application for certificate of use and occupancy as per the
City's Code,
3. Underground Utilities. Owner agrees to pay a prorata share of the cost to the city
of under grounding utility lines in the public rights-of-way on Collins Avenue based on linear feet
of frontage of the Owner's property and 250 feet of the property to the north of Owner's properly
(Aventura Beach Club) in an amount not to exceed $375 per lineal foot of Owner's frontage and
Aventura Beach Club frontage (not to exceed 250 feet) 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. The Owner
reserves the right during construction to work directly with FPL and other utility companies to
underground the utilities. ~ CCJtbt~
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,
4, Collins Avenue Beautification. The Owner voluntarily agrees to pay a
share of the cost of landscaping by the City as provided by a landscaping plan developed b
City's landscape architect in an amount not to exceed $95 per lineal foot of Owner's fronta
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 landscaping 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 retufn 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. Landscapin~, Owner shall provide landscape improvements at and within the
AlA right of way corridor to increase the effectiveness of the buffer zone between this
development and the low density residential district located directly to the west of this project.
Such improvements shall be consistent and compatible with plans prepared by the City's
Landscape Architect.
7. Gara~e. No parking structure which exceeds 'l2 story or 6 feet above the public
sidewalk grade shall be permitted within 75 feet ofthe Collins Avenue property line. No parking
garage structure shall be permitted within any proffered easement. No portion of the proposed
parking garage structure shall be visible from the Collins Avenue right of way. The entire front
setback shall be bermed and fully landscaped to insure that the front setback provides an
adequate buffer necessary to mitigate the impacts of the increased bulk and scale of the structure
from adjacent pedestrian activities as well as from the low density residential property to the
west.
8. Pedestrian Improvements. The Owner agrees to provide pedestrian safety
improvements including, but not limited to traffic lights, additional crosswalks, safety fencing,
signage and the like within the public right of way to insure the accessibility of the proffered
easement and to insure the safety of the residents who wish to utilize the proffered access
easements.
9. Ri~ht of Way. No wall, fence or visual obstruction of any kind shall be placed
within 25 feet of the Collins Avenue public right of way and no such wall or fence shall in any
way obstruct an access easement. No portion of an access easement shall be utilized for
vehicular access to the parking garage or to main structure loading docks, etc., except as
indicated on the approved plans.
10. Pavers. Paving within the front setback shall consist of pavers or other
decorative materials approved by the Building Official. Under no circumstances shall asphaltic
concrete or plain concrete be utilized as paving in the front setback.
11. Easements. The proffered access easements shall be fully landscaped
public facilities including, but not limited to benches, lighting, public restrooms and foot sh
shall be provided or constructed by the Owner therein according to a plan approved ~
(J
Building Official. The Owner shall not be required to pay for the use of electricity or water by
the public after the completion of initial construction but will construct the necessary
infrastructure to include water lines, plumbing and electrical service as will be necessary to make
the easement fully operational.
12. Beach Renourishment. Owner agrees to finance his pro-rata share of long term
beach renourishment costs as determined by the City which may be required as a consequence of
the impacts that this development will have upon the erosion ofthe adjacent public beach.
13. Beach Buffers. The Owner agrees that no walls or fences shall be constructed
within 15 feet of the public beach along the rear property line unless the wall or fence is buffered
from the beach by a transition boardwalk at least 15 feet in width running from side property line
to side property line along the rear property line. The buffer may be constructed within the
public right of way at the Owner's cost provided he obtains permission from all necessary public
authorities. Alternately, if permission cannot be obtained at the time of construction, the Owner
may opt to escrow an appropriate sum equal to the cost of the buffer so that the city can construct
the boardwalk buffer at a later date when permission can be obtained. Should permission not be
obtainable within a twenty year period of the commencement of construction, the funds would be
returned to the Owner along with any accrued interest that the escrowed funds may have earned
during that period. This provision is deemed necessary to insure that the bulk and scale of this
proposed project does not intrude upon the usability of the beach, to improve north-south
accessibility for handicapped individuals using the access easement to the beach and, to insure
that there is an appropriate transition between the beach and the built environment.
14. Coastal Zone. This project site is located within the Coastal High Hazard Area in
a Class I evacuation zone. The Owner agrees to mitigate adverse impacts which his project may
have upon the feasibility of the City's Coastal Hazard Mitigation Strategy. All overhead utilities
adjacent to the public right of way should be placed underground in order to insure the public
safety during an evacuation procedure and to insure the ability of the City to restore public utility
service subsequent to a storm event.
15. Covenant Running with the Land. These restrictions during their lifetime shall be
for the benefit of, and limitation upon, all present and future 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.
16, Imn.. 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, afte '",
which time it shall be extended automatically for successive period of ten (10) years each, . c~~"
an instrument signed by the then Owner(s) of more than fifty (50%) percent of the subj "'b
property, or more than fifty (50%) percent of the unit owners or the Condominium Ass ~
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.
17. 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 also approved
by the City Commission after public hearing. The Approved Plans which are the subject of this
Declaration may be modified without such petition or approval as long as such changes are
determined by the City to be in substantial compliance with the Approved Plans.
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 execute a written instrument effectuating and
acknowledging such modification, amendment or release.
18. 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 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 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 trial and appeal. This enforcement provision shall be in addition to
any other remedies available at law, or in equity or both.
19. Authorization to Withhold Permits and Inspections. In the event of
noncompliance with any provision herein, in addition to any other remedies, the City is hereby
authorized to withhold any further permits or refuse to make inspections until such time as this
Declaration is complied with or appropriately modified, amended or released, in the manner and
mode set forth herein.
20. 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.
21. Recording. This Declaration shall be filed of record in the public records of Dade
Count, Florida, at the cost to the Owner.
~t=~~' -
Print Name: ~ ~_ \) t(:(tv'tU2-
~\\
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By:
~j~'
Print Name: tt-~~, (lkh{
Name: Michael Dezertzov
Title: (V). ~lt.eJ De..~u,v'_
By: \!~ Ch?
Name: Neomi Dezertzov
Title: t1 Q~ 5)€-~e<'+z.oV
The foregoing Agreement was ackn~wledged before me this \ , day of Jlrf'llJlrftVJ
19 ii, by r""(.~o.e\ ~< , as PfC-fillJfbtJ1- of Caste lit a
Investment Corp., a Delaware Corporation.:rb pre "}eM-k-e\ N'IS .DR' v ev 's Lu:.. ~JJ 5tz. .
Nomry: ~ ~
I A A A....-,.-j..... - . J,
Print Name: fVVI/ I fT~-W /VlfliUr-
[NOTARIAL SEAL]
MATTHEW MARK
Notary Public, State of New York
No, 01MA5075211
Qualified in New York County
Commission Expires Marcil 31.1999
Notary Public, State of New York
My Commission Expires: -0/31 I ~ 1
I
The foregoing Agreement was acknowledged before me this \ , day of rf;tVv~y,
19j1,by Ml~ ,()e3ev- ,as M/tt-!sf(' DI~fM&N I
Properties L.L.C" a Florida Limited Liability Company.:r:O f..-e~+e..J 1J ~~ J) Rive! ~ cotJlt1j:.
L I c. e-V\ se.. ' ~ c~lI. ('10
'N C".
'u 'el
tf &It
MATTHEW MARK
Notary Public. State of New York
No. OlMA5075211
Quali~jed in New York County
CommIssIOn Expires March 31. 1999
Notary: 1, /J J1':) !Uvvv
PrinIN~ ~
Notary Public, State of New Y ~rZk ~
My Commission Expires: :? _3 [L'1 f
[NOTARIAL SEAL]
The foregoing AgreemenFwas acknowledged before me this -1L day of 'J'I/#1I1rP-Lf,
1911,by M\c.-~~ ~u/ ,as 1\\JttJ.l>IIt~ ofDEZER
PROPPERTIES 291 L.L.C" a New York Limited Liabil' y Company. IO l?""e~eV\k.,l
N,/ 1) R-l \I e ("0;. L \ GeV\ ,,:>e.. ,
[NOTARIAL SEAL]
Notary:
MATTHEW MARK
Notary Public. State of New York
No. OlMA5075211
Quaiified in New York County
Commission Expires March 31. 1999
Nol:uy Public, Slale of New Yor~ /
My Commission Expires: ;,/:. I 91
The foregoing Agreement was acknowledged before me this ; t day of J'f/fV (/1rfU{
19 C(1, by tv' \ ~ ~el ~e.A-z.o V ,-as--
I D prec;.eV\+.eJ NYs DR.\\1~'S L\L.efi\t;.e,
[NOTARIAL SEAL]
~
Notary:
Print Name: ~-W
MIrfllL-
MATTHEW MARK
Notary Public. State of New York
No. OlMA5075211
Qualified in New York County
Commission Expires March 31. 1999
Nol:uy Public, Slate of New YO'
My Commission Expires: ? 31/9 ~
I I
The foregoing Agreement was acknowledged before me this ~day of
19f1, by jJ~ De-2-'eA'Z~
\ D foc-eSeN\-te~ N't ~f2..\\)er' S
,a~
L \ C.€V\<;e..
~v~,
~
MATTHEW MARK
Notary Public, State of New York
No. 01MA5075211
Qualified in New York County
Commission Expires March 31. 1999
Nomry: )M;J;/lvv--
Print Narte: ~ fVl~
Notary Public, State of New York
My Commission Expires:~ /?/ /99
rNOl'iffiYlPMMAL 1
Nblary Public, State of New York
No. 01MA5075211
Qualified in New York County
Commission Expires March 31. 1999
APPROVED AS TO FORM AND
CORRECTNESS:
~~
EXHIBIT "A"
LEGAL DESCRIPTION
Tract "D" of the AMENDED PLAT OF NORTH BISCAYNE BEACH, according to the
Plat thereof, as recorded in Plat Book 44, at Page 42, of the Public Records of Dade
County, Florida, measured at right angles to the South line of said Tract; AND that strip
of land lying between the Dade County Bulkhead Line and High-water line of the
Atlantic Ocean and lying between the Prolongation East of the North and South boundary
=lines of the parcel of land together with all common=law and statutory riparian rights
and/or littoral rights appertaining thereto.
12/16/1998 17:15
3059453737
KOSI KARP ARCHITECTS
PAGE 03
The undersigned, Colonial Bank, Mortgagee, under those certain mortgages recorded in
Official Records Book 17896 at Page 907 and Official Records Book 17896 at Page 928 of
the Public Reconb; of Miami-Dade County, Florida, covering all/or a portion of the
property described in the foregoing agreement, does hereby acknowledge that the terms of
this agreement are and sbaJl be binding upon the undersigned and its successors in title, but
does not assume nor shall mortgagee have any liability for performance of grantor's
obligations thereunder. Mortgagee executed this joinder solely to subject lien of its
mortgage to the easement.
IN WITNESS WHEREOF, these presenm have been executed this / 7 day
of '7?e?e'l:!:! hr- .19fr .
WITNESSES: /'
Cv,y j ~
~mN~ An7LtwP 0;~~
r~zoEE
Print Name: ht:./~d #. ])-#v0
PtintTitle: I//tt::-e- ;Jr~,
~,ij(~~
Print Name: Me D()[u2. Ref:.leR ..
, .
STATE OF FLORIDA )
) SSe
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this LZ day of
IJ~ , 19!ft:., by fZuJvv.d A D~ as //AA..t ~./~....u of
Colonial Bank, Mortgagee, on behalf of said Mortgagee. He/She is personally known tome or
has produced
and did take an oath,
as identification
Name:
My Commission Expires:
No.:
Commission
[NOTARIAL SEAL]
"'':;.\n:.:,, BARBARA MUNOZ PEREZ
.':"fa;- ""t\ MY COMMISSKlN' OC 678481
,i. ~~ i EXPIIES: AuguIt 20, 20lllI
~?~ if~- IlandId 1lIu NolIIy NIIIc \RIIlWlftIlI
." ..,'
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