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HomeMy WebLinkAboutResolution Zoning 00-Z- 48 RESOLUTION NO. OO-Z-48 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE REQUEST OF MANDALA Y LLC, FOR NON-USE VARIANCES, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mandalay LLC, applied for the following: 1. Non Use Variance of Lot Coverage requirements to permit proposed development with a lot coverage of 43.8% (40% permitted). 2. Non Use Variance of Floor Area Ratio (F .A.R.) to permit a proposed development with a total F.A.R and bonuses of 4.05 (maximum 2.5 F.A.R. and possible F.A.R bonuses for a total F.A.R. of 3.72 permitted)(30% amenities bonus pursuant to Section 33-222(4)(b)(i) is calculated in the total bonus and floor area ratio). 3. Non Use Variance of Floor Area Ratio (F.A.R.) requiring single floors above 20 M.S.L. not to exceed 0.20 F.A.R. to waive same; to permit single floors with 0.215 F .A.R. 4. Non Use Variance of Setback requirements to permit the proposed tower to setback 0 ft (25 ft. required) from the bulkhead line. 5. Non U se Variance of Setback requirements to permit the proposed roof deck of parking garage to setback 0 ft (20 ft. required) from the interior side (south) property line. 6. Non Use Variance of Zoning Regulations as it applies to building obstruction to permit proposed development to obstruct 75% (75 ft.) of the width of the site above 20 ft. MSL (50%- 50 ft. obstruction permitted). 7. Non Use Variance of Parking requirements to permit a total of 127 parking spaces (161 spaces required). 8. Non Use Variance of Parking Regulations to permit 23.6% of the parking spaces to be tandem (20% permitted to be tandem). 9. Non Use Variance of Parking requirements to permit 20 ft of driveway isle between parking stall lines (22 ft. required). 10. Non Use Variance of Zoning Regulation as it applies to floor area ratio bonuses, to permit 24% (8,975 sq ft) of the building amenity bonus square footage to be used towards the apartment units within the building, Resolution No.: 00-2-48, Mandalay LLe 1 LEGAL: Lots 95 and 96,and riparian rights thereto, of Tatum's Ocean Beach Park, according to the plat thereof, recorded in Plat Book 50 Page 76. LOCATION: 16275 Collins Ave. And, WHEREAS, the applicant has withdrawn Request No.7 from consideration by the Commission; and WHEREAS, the public hearing of the City Commission was advertised and held as required by law and all interested parties concerned in the matter were heard, and upon due and proper consideration having been given to the matter and to the positive recommendations of both the Zoning and Code Administrator and the Director of Community Planning and Development with respect to all requests: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: 1. Request No. 10, Non Use Variance of Zoning Regulation as it applies to floor area ratio bonuses, to permit 24% (8,975 sq ft) of the building amenity bonus square footage to be used towards the apartment units within the building is hereby denied. 2. Requests numbers 1 through 6, 8 and 9, for non use variances, are hereby approved, subject to the following conditions: a. Request No.2 for Non Use Variance of Floor Area Ratio (F.A.R.) is revised to permit a maximum floor area ratio of 3.8 for the proposed development in compliance with the City's Comprehensive Development Plan with a lot size of 140 feet. b. That the streetscape plans for Collins Avenue be incorporated into this project, through a cooperative effort with City staff and authorized consultant(s). c. That the applicant provide the City with an easement, in recordable form, for between six (6') and ten (10') feet on Collins Avenue, as necessary, for streetscape and undergrounding of utilities. d. 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. e. That in the approval of the plan, the same be substantially in accordance with that submitted for hearing entitled "Mandalay" prepared by Kobi Karp Architects Interior Designers, consisting of 13 sheets, dated revised 5/3/00 and as further modified at this public hearing and landscape plans entitled "Mandalay", prepared by Witkin Design Group dated 5/13/00. Resolution No.: 00-2-48, Mandalay LLC 2 f. That the use be established and maintained in accordance with the approved plans as modified for 168 units with 24,000 square feet of amenity area. g. 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. h. That the Applicant provide plans meeting with the approval of the Zoning Director 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. 1. That the applicant submit a recordable agreement to the Building Department which proffers the beach access and landscaping easements over, across, under and through such easement parcels to the City and that the beach access point and landscape easements be enhanced to be extremely attractive in keeping with the nature of the proposed development and that the upkeep of the access point, walkway and landscape easements be the ongoing responsibility of the hotel operator. J. That in the event of multiple ownership a homeowners' association be established in accordance with applicable regulations to assure that all common areas and facilities for the use of the residents shall be maintained in continuous and satisfactory manner, and without expense to the general taxpayer of the City of Sunny Isles Beach. k. That the applicant complies with all conditions and requirements of the Department of Environmental Resources Management (DERM), the Fire Department and the Florida Department of Transportation. 1. That the applicant constructs an appropriate barrier between the construction and adjoining properties in order minimize blowing of sand and debris. m. That the applicant will abide by all City and County ordinances relating to the hours of operation for construction commencement and termination. n. That the applicant will use its best effort to minimize vibration and noise during the construction of the project. o. That the applicant proffer a covenant to provide a 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. p. 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 of the adjacent public beach. q. The developer should be required to provide landscape improvements at and within the A 1 A right of way corridor to increase the effectiveness of the buffer zone between this development and the low density residential district located Resolution No.: 00-2-48, Mandalay LLC 3 directly to the west of this project. Such improvements should be consistent and compatible with plans prepared by the City's Landscaping Architect. 3. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 18th day of May, 2000. .F ~ . . ' _J .- .I'~ APPRnVED AS TO FORM AND LEGAL SUFFICIENCY: Commissioner Iglesias moved and Vice Mayor Morrow seconded approval of the requested zoning modifications, and upon a roll call the vote was 4 - 1 in favor: Mayor Samson --yes ~o Vice Mayor Morrow V yes _no Commissioner Iglesias ~es _no Commissioner Kauffman -0es _no Commissioner Turetsky JLjres no Resolution No.: 00-2-48, Mandalay LLe 4 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. 00-Z-48 adopted by the City Commission at its meeting held on the 18th day of May, 2000. Issued this 2."~y of ~ ,2001. ~\ ~ ~ ""-.", ...". . '. 1'>1 , ~~.. ..' ,# <(. .-.... f Resolution No.: 00-2-48. Mandalay LLe 5 . ~.~~ 19542 P6. 2383 , o 1R 116267 2001 MAR 12 15:.U This instrument prepared by and when recorded return to: Stanley B. Price, Esquire Bilzin Sumberg Dunn Baena Price & Axelrod LLP 2500 First Union Financial Center 200 South Biscayne Boulevard Miami, Florida 33131-2336 (Space Above For Recorder's Use Only) DECLARATION OF RESTRICTIONS WHEREAS, the undersigned, is the Owner of the following described real property (the "Property"), lying, being and situated in Sunny Isles Beach, Miami-Dade County, Florida, and legally described as: Lots 95 and 96, and riparian rights thereto, of Tatum's Ocean. Beach Park, according to the plat thereof, recorded in Plat Book 50 Page 76. IN ORDER TO ASSURE the City Commission of Sunny Isles Beach, Florida, that the representations made to them by Owner, during consideration of Public Hearing No. 00-Z-48 , will be abided by the Owners, their successors or assigns freely, voluntarily and without duress, the Owners make the following Declaration of Restrictions covering and running with the Property: (1) That this Declaration shall become final and recorded in the Public Records of Miami-Dade County conditioned upon the approval of Hearing No. 00-Z-48 by the City Commission of Sunny Isles Beach, Miami-Dade County, Florida and the tolling of all applicable appeal periods. (2) That in the approval of the plan, the same be substantially in accordance with that submitted for hearing entitled "Mandalay" prepared by Kobi Karp Architects Interior Designers, consisting of 13 sheets dated stamped received 5/30/00 and as further modified at this public hearing and landscape plans entitled "Mandalay", prepared by Witkin Design Group dated 5/13/00. (3) 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 ~hall be 2%f 2~~ 19542 PG, 2384 Declaration of Restrictions Page 2 executed by the property owners and any and all parties having an interest in the land, such as mortgagees, etc. (4) That the applicant submit a recordable agreement to the Building Department which proffers the beach access and landscaping easements over, across, under and through such easement parcels to the City and that the beach access point and landscape easements be enhanced to be extremely attractive in keeping with the nature ofthe proposed development and the upkeep ofthe access point, walkway and landscape easements be the ongoing responsibility ofthe hotel operator. (5) That the applicant proffer a covenant to provide a pro-rata share of under grounding utilities along the frontage ofthe property on the public right of way, pro-rata share for Collins Avenue beautification and for dedication of easement for beach access. (6) The developer mush agree to finance his pro-rata share of long-term beach re- nourishment costs which may be required as a consequence fo the impacts that this development will have upon the erosion of the adjacent public beach. (7) 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. (8) Under~round Utilities. Owner agrees to pay a pro rata share ofthe cost to the City of under grounding utility lines in the public right-of-way on Collins Avenue based on linear feet of frontage of the Owner's property in an amount not to exceed $375 per linear foot of Owner's frontage. 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. (9) City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City of Sunny Isles Building and Zoning, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. ~~~ 19542 PG. 2385 Declaration of Restrictions Page 3 (10) Covenant Runnin2 with the Land. This Declaration on the part of the Owners shall constitute a covenant running with the land and may be recorded in the public records of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the Owners, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. (11) Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded after which time it shall be extended automatically for successive periods often (10) years each, unless an instrument signed by a majority of the, then, owner( s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first been modified or released by City of Sunny Isles Beach. (12) Modification. Amendment. 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 or a majority of the owners of all of the Property provided that the same is also approved by the City of Sunny Isles Beach, Florida. Should this Declaration be so modified, amended or released, the Director of the City of Sunny Isles Beach Building and Zoning, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by the Director's assistant in charge ofthe office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. (13) Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants, the prevailing party in any action or suit, pertaining to or arising out ofthis Declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. (14) Authorization for Department ofBuildin~ and Zonine to Withhold Permits and Inspections. In the event payments or improvements are not made in accordance with the terms of this Declaration, in addition to any other remedies available, the City of Sunny Isles Beach Department of Building and Zoning is hereby authorized ~~E 19542 PG. 2386 Declaration of Restrictions Page 4 to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this Declaration is complied with. (15) Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise,of anyone or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. (16) Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City of Sunny Isles Beach, and inspections made and approval of occupancy given by the City, then such construction, inspection and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and spirit of this Declaration. (17) Severability. Invalidation of anyone of these covenants, by judgment or Court, in no way shall affect any of the other provisions which shall remain in full force and effect. (18) Recordin2. This Declaration shall be filed of record in the public records of Miami- Dade County, Florida at the cost of the Owners following the adoption by the City of Sunny Isles Beach of a resolution approving the Application. Signed, witnessed, executed and acknowledged thi~day of February, 2001. Witnesses: Mandalay, L.L.C. A Florida Limited Liability Company , ~~ ~~.~ Print Name: -r;- (\0-. L. 10'1- By: Shawn Lustigman, M g Partner Print Name:~ n'2.. \74013\12656\#334197 vI 1/31/0 I ~~E 19542 PG. 2387 Declaration of Restrictions Page 5 (SEAL) STATE OF FLORIDA } COUNTY OF MIAMI-DADE } ss: The foregoing instrument was acknowledged before me this ~day of February, 2001 by SHAWN LUSTIGMAN, as Managing Partner of MANDALA Y, L.LC., who is personally known to me or produced a valid drivers license as identification. Serial No. (None, ifblank): Notary Public Sign Nam Print Name: My Commission Expires: [NOTARIAL SEAL] RD61l00t'- OfFICIAL !<ECO RECORDED ~NTy'. FLOR/OAo Of DADEo~ERIFIED RECOR RU\l\~ j \\~R\lt~RcUIT r.oURT cLERK \74013\12656\#334197 vI 1/31/0 I .~ ~~~ 19542 PG, 2388 ... EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Agreement") is made and entered into this ~ day of February, 2001, by and between MANDALA Y, L.L.c.., a Florida limited liability company (hereinafter referred to as "Grantor"), having a post office address of 1110 Brickell Avenue, 7th Floor, Miami, Florida 33131 and THE CITY OF SUNNY ISLES BEACH, a municipal subdivision of the State of Florida (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor is fee simple title owner and developer of the following described property, lying and being situate in Miami-Dade County, to wit: Lots 95 and 96, and riparian rights thereto, of Tatum's Ocean Beach Park, according to the plat thereof, recorded in Plat Book 50 Page 76. with an address of 16275 Collins Avenue, Sunny Isles Beach; Florida (hereinafter referred to as the "Property") and, WHEREAS, the Grantor is desirous of giving assurance to the Grantee that the property will be developed substantially in accordance with the spirit and intent ofthe plans submitted to the City Commission ofthe City of Sunny Isles Beach for a public hearing wherein the zoning and use ofthe subject property has been approved, unless said plans are modified and/or changed as a result of a public hearing or other appropriate action by the City; and WHEREAS, in connection with Grantee's approval of the project, Grantor has agreed to grant and create, and Grantee desires to obtain, on the terms and conditions hereinafter set forth, Access Easements (as hereinafter defined) over and across the respective property for purposes hereinafter set forth; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged Grantor and Gtantee hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein. 2. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement (the "Easement") in favor of Grantee for streetscape and underground utilities solely as it pertains to the area located between six (6) and ten (10) feet on Collins Avenue, as necessary, ofthe Property. Grantor further grants to Grantee the right, at any time and from time-to-time to: (a) Construct, maintain and replace utilities, including, without limitation, water, sanitary sewer, storm sewer, telecommunication and electric distribution \74013\12656\#334213 vI 1/3 1/0 I I ...... .... .. If) ...... N ...... Q:: <I: :E: ..... '=' '=' N 00 '<I N '<I 'P'I 'P'I " 'P'I o ~ t ." ~tt 19542 PG. 2389 . mains, lines, conduits, pipes and cables, over and under the property in the said easement area; (b) Grant easements for any other public utilities covering all portions of said easement for such uses as will not unreasonably interfere with the easement herein granted. (c) Grant a pedestrian easement of twenty (20) feet along the north side of the Property for the purpose of providing beach access and egress from Collins Avenue to the public beach area fronting the Atlantic Ocean. Said easement shall be landscaped by the Grantor in accordance with the approved landscaped plan and shall be maintained by the Grantor. Grantee shall pay the costs to repair or replace any of Grantee's installations referred to in Section (a) above. 4. Design. Construction and Improvements of Easement Property. Grantor and its successors and assigns hereby agree that said Property shall be developed substantially in accordance with the spirit and intent ofthe plans entitled "Mandalay" prepared by Kobi Karp Architects Interior Designers, consisting of 13 sheets dated stamped received 5/30/00 and as further modified at this public hearing and landscape plans entitled "Mandalay", prepared by Witkin Design Group dated 5/13/00 and 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. The design of any and all materials to be used for any and all improvements within the easement shall be presented to the Grantee for its approval prior to construction of such improvements, which approval shall not be unreasonably withheld or delayed. Where construction has occurred on said property pursuant to a permit issued by the City of Sunny Isles Beach and inspections made and approval of occupancy given by the City, the.same shall create a conclusive presumption that the buildings thus constructed comply with the intent and spirit of the master plan and this agreement shall not be construed as clouding the title to any of said property on which such development has occurred. 5. Maintenance. Grantor shall at all times maintain easement Property (including any and all improvements which may be constructed thereon from time to time) in good condition and in safe, clean and reasonably attractive manner. In the event that Grantor fails to maintain the easement property in the condition described herein, then 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 property to the required condition, or in the event the restoration cannot be completed within such thirty-day (30) period, to commence restoration and diligently pursue same to completion. In the event Grantor fails to restore or commence restoration \74013\12656\#334213 vI 113 110 1 2 II-J 2tt 19542 PG. 2390 ., and diligently pursue same within such thirty-day (30) period, then Grantee may restore the easement property to its required condition and thereafter Grantor shall reimburse the Grantee for the costs of such restoration within thirty (30) days following receipt by the Grantor of an invoice documenting such restoration costs. Notwithstanding the foregoing, in the event that any repairs, replacements or maintenance is required as a result of Grantee's misuse or neglect of the easement property, said repairs, replacements and/or maintenance shall be the obligation ofthe Grantee at the Grantee's sole cost and expense. 6. Covenant Running with the Land. This agreement shall constitute a covenant running with the land and will be recorded in the Public Records of Miami-Dade County, Florida, and shall remain in full force and effect and be binding upon the heirs, successors, and assigns ofthe respective parties hereto. This agreement may not be amended, modified or terminated except by written agreement ofthe parties hereto following a public hearing. 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 ofthe property is submitted to the condominium form of ownership (each portion 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 mortgages. This agreement will remain in effect until . such time as the same is released by the City Commission ofthe City of Sunny Isles Beach after a public hearing. 7. Indemnification. Subject to the provisions of Section 768.28, Florida Statutes, Grantee, its successors and assigns and all parties by virtue of their use of the easement, shall be deemed to have agreed, to jointly and severally indemnify and save harmless Grantor, its successors and assigns, from any and all liability, including reasonable attorneys' fees and court costs arising out of, or in connection with the improper use of the easement herein granted. The Grantor hereby agrees, and all parties by virtue oftheir use ofthe easement property shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless the Grantee, its agents, officers, directors, employees, successors and assigns from and against any and all liabilities, damages, claims, costs or expenses whatsoever, including reasonable attorneys' fees and court 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 property as described herein. \74013\12656\#334213 vI 1/3 1/0 I 3 ~~~ 19542 PG. 2391 " IN WITNESS WHEREOF, the Grantor and Grantee have executed this Easement Agreement as of the day and year first above written. Grantor: MANDALAY, L.L.c., a Florida limited liability company By: STATE OF FLORIDA } COUNTY OF MIAMI-DADE } ss: The foregoing instrument was acknowledged before me thi~ n+ day of February, 200l,QY SHAWN LUSTIGM~, as ~ana~ng Partn.er of.M~ALA Y, L.LC., who is personallY~~_IU~/;'" .... to me or produced a valId drivers lIcense as IdentIficatIon. < ....,~",o';...~.. ~'~~~:j~h.. ~... .1'::.'.'.. ...~~. .< '...... ., "iir..~~.'~. ,'. ..::;; .'.. " :t!; S .' .~ ~ ~,,~ ,..:.J. ~ ...... ..-:~~. ~ ioC~ ';( ~ Qi" ~~ ~ ~~ " \\,\\'\ Notary Publ' Sign N Print Name: My Commission Expires: [SIGNATURE PAGE CONTINUES] \74013\12656\#334213 vI 1/31/01 4 ( . 2~t 19542 PG, 2392 , .. . P'CII.'\'. ....".,..,...;/":.o,,.,~, ~w> .- . f ~~ ,t.. ~ ,< '...... , \.~ APPROVED AS TO FORM AND LEGAL SUFFI NCY \74013\12656\#334213 vI 1/31/01 Grantee: By: RECORDED IN OFFICIAL R!C0AD6 aOOI' OF DADE COUNTY, FLORJDA. RECORD VERIFIED HARVEY RUVIN CLERK CIRCUIT r;OURT 5 c: I T V CITY COMMISSION DAVID SAMSON MAYOR LILA KAUFFMAN VICE MAYOR DANNY IGLESIAS COMMISSIONER CONNIE MORROW COMMISSIONER IRVING TURETSKY COMMISSIONER Christopher J. Russo City Manager Lynn M. Oannheisser City Attorney Richard Brown-Morilla City Clerk 17070 Collins Avenue. Suite 250 . Sunny Isles Beach, FL 33160 TEL: 305 947 0606 . FAX: 305 949 3113 () F I S L E S BEACH ~ II N N V September 5, 2001 Stanley B. Price, Esquire Bilzin, Sumberg, Dunn, et al. 2500 First Union Financial Center 200 South Biscayne Boulevard Miami, FL 33131-2336 Resolution No. OO-Z-48. Mandalav. Inc. Dear Mr. Price: Enclosed please find a Release of Declaration of Restrictions and a Release, Termination and Abandonment of Easements, which the City has approved as you requested. Weare returning these documents to you with the understanding that you will re-apply to the City Commission to approve the correction of the scrivener's error regarding the legal description of the referenced property. This instrument prepared by: and when recorded return to: Stanley B. Price, P.A., Esquire Bilzin Sumberg Dunn Baena Price & Axelrod LLP 2500 First Union Financial Center 200 South Biscayne Boulevard Miami, Florida 33131-2336 (Space Reserved for Clerk) RELEASE. TERMINATION AND ABANDONMENT OF EASEMENTS THE CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation ("City") does hereby certify, declare and agree as follows: WHEREAS, the City was granted an easement as to certain property described as: Lots 95 and 96, and riparian rights thereto, of Tatum's Ocean Beach Park, according to the plat thereof, recorded in Plat Book 50, Page 76 under that certain Easement Agreement dated February 28,2001, and recorded in Official Records Book 19542, Page 2388 through 2392, Public Records of Miami-Dade County, Florida ("Easement"); and WHEREAS, said Easement was granted in connection with a zoning application; and WHEREAS, subsequent to the Easement, a corrected Easement Agreement correcting a scrivener's error as to the legal description has been proferred to the City of Sunny Isles Beach and will be recorded by the maker of this instrument and it is no longer necessary to maintain the above-described Easement. NOW, THEREFORE, the City does hereby release, terminate and forever abandon the Easement granted above. IN WITNESS WHEREOF, the City has caused this Release, Termination and Abandonment of Easements to be executed and delivered as of this -5- day of ~I- ,2001. CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal s division of the State of Florida fJ f"SO \74013\12656\#521356 vl 7/30/2001 County ~e only Legal Verified _ Release, Termination and Abandonment of Easements Page 2 Approved as to Form and legal sufficiency: '\ , ~ ~~ , '..,. . .. r ' Attest: ~~~ ~~\t(.... City Clerk STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) I hereby certify that on this ~ day of s..,~\a.41(.., 2001, personally appeared before me Ua.; ~~h-U.. "J""; ~~ ss,o ofthe City of Sunny Isles Beach, who is personally known ~ as C!A ~ KQ.w~ of the City of Sunny Isles Beach, and who executed the foregoing instrumen and dId acknowledge to me the execution thereof for the uses and purposes mentioned in hislher capacity as 6' +t H~~ of the City of Sunny Isles Beach. "'- ~~ -,-~ WtLC~ NOTARY PUBlic, State of Florida My Commission Expires: 'AR.YSEAL PRISCILLA TYLER WALKER NOfARYPUBUC Sf ATE OF FLORIDA COMMISSION NO. CC1S5083 MY COMMISSION ExP. L Y 24 County use only \74013\12656\#521356 vl 7/30/2001 Legal Verified 2 RELEASE OF DECLARATION OF RESTRICTIONS WHEREAS, MANDALA Y, LLC, a Florida limited liability company, by and through its managing partner, had heretofore executed a Declaration of Restrictions on the following subject property: Lots 95 and 96, and reparian rights thereto, of Tatum's Ocean Beach Park, according to the plat thereof, recorded in Plat Book 50, Page 76. WHEREAS, said Declaration of Restrictions has been recorded in Official Records Book 19542 at Page 2383 through 2392 of the Public Records of Miami-Dade County, Florida; and WHEREAS, said Declaration of Restrictions had been executed in connection with a zoning application; and WHEREAS, subsequent to the Declaration of Restrictions, a Corrected Declaration of Restrictions correcting a scrivener's error as to the legal description has been proffered, and it is no longer necessary to maintain the above-described Declaration of Restrictions on the property. NOW THEREFORE, in consideration ofthe premises, the said Declaration of Restrictions is hereby released and declared of no further legal effect, null and void, and the Clerk of the Circuit Court of Miami-Dade County, Florida is hereby directed to note the same upon the record and expunge the same from the public record. DATED at Miami-Dade County, Florida this 2L day of 4~YCA':7r, 2001. WITNESSES MANDALAY, LLC., a Florida limited liability company .K/A'l /- i/~7/t::'vA,/V"'" Print Name: ."..., - b '7 -- By: Shawn Lustigman, M ng Partner 1110 Brickell Ave, 7th Floor Miami, Florida 33131 ~ \74013\12656\#521263 vI 7/30/2001 WITNESSES CITY OF SUNNY ISLES BEACH, a municipal subdivision of the State of Florida ~u)~ By: Name: Title: , 'U$SO ~M i!?C- ATIEST~~..,_<r~~,,~~.<~'.\ CIty Clerk . '" '. '.'. . ' , ~) "( " ,', STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) I hereby certify that on this -=--- day of , 2001, personally appeared before me " . ._ . '_ .-_J'>'-- .~ as of MANDALA Y, L.L.C., a Florida limited liability company, who executed the foregoing instrument and acknowledged to me he/she executed this document on behalf of said company, and produced as identification. NOTARY PUBLIC, State of Florida My Commission Expires: STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) I hereby certify that on this ~ay of ~~s.t', 2001, personally appeared before me ~(l..\Sr4oe~ ~. ~~ of the City of Sunny Isles Beach, who is personally known to me as C..A "-'1 H C\.I\4 ~ of the City of Sunny Isles Beach, and who executed the foregoing instrument and did acknowledge to me the execution thereof for the uses and purposes mentioned in his/her capacity as Q...i.~ t---'lG\ACl. ~ of the City of Sunny Isles Beach. '> c ~atl0....\~ u)..Jl "'" NOTARY PUBLIC, tate ofFlonda My Commission Expires: \74013\12656\#521263 vI 7/30/2001 EAL PRISCILLA TYLER WALKER NOfARYPUBUCsrATE OF FLORIDA COMMJSSION NO. CC'7S&m MY COMMISSION ExP. Y 24