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Reso 2016-2552
RESOLUTION NO. 2016- ,'Z,S5Z A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING ARTICLES OF INCORPORATION, DECLARATION OF CONDOMINIUM, AND, BY-LAWS FOR THE GATEWAY PARK COMMERCIAL CONDOMINIUM ATTACHED HERETO AS EXHIBIT "A", IN SUBSTANTIALLY THE SAME FORM; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS _. RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is the owner of a parking garage located at Gateway Park; and WHEREAS, the City intends to lease certain areas in the parking garage to private retail restaurant operators; and WHEREAS, based on instructions provided by Miami-Dade County, the City is creating a commercial condominium within the Gateway Parking Garage to ensure that property taxes are imposed on the areas dedicated for commercial use; and WHEREAS, the City Commission wishes to approve the condominium documents for the Gateway Park Commercial Condominium. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Condominium Documents. The City Commission hereby approves the Articles of Incorporation, Declaration of Condominium and, By-Laws for the Gateway Park Commercial Condominium Association, Inc. Section 2. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this resolution. Section 3. Effective Date. This Resolution shall become effective u••• adoption. PASSED AND ADOPTED this I, 'day of f} 201.. Geor. 1-V Scholl, Mayor Approving Condo Docs for Gateway Park Page I of 2 . ; , ' ATTEST: . cam, _ - • untie. Jane A.'Hines, MMC, City Clerk (-i Y APPRO I AS TO FORM AND LEG .UFFICIENCY: 4Iii : 'ans%ttinot, � ity Attorney Moved by: �j y14*, Lev LK) Seconded by: l_eshA MtblVav A-eel-Mg Vote: S -(7 Mayor Scholl v (Yes) (No) Vice Mayor Gatto V(Yes) (No) Commissioner Aelion V(Yes) (No) Commissioner Goldman L/ Yes) (No) Commissioner Levin (Yes) (No) Approving Condo Docs for Gateway Park Pane 2 of 2 I IHIII OIIH 11111 I111I 11111 11111 11111 1111 1111 CF 201680397234 OR BK 30144 F3S 3176-3239 (64Fgs) RECORDED 07/08/7'016 13:05:10 HARVEY RUVIN} CLERK. OF COURT MIAMI-DADE COUNiYr FLORIDA DECLARATION OF CONDOMINIUM OF GATEWAY PARK CONDOMINIUM a Commercial Condominium Prepared by: Joy P. Ewertz, Esq. Pearson Bitman, LLP Return to: Hans Ottinot, Esq. City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 • DECLARATION OF CONDOMINIUM OF GATEWAY PARK CONDOMINIUM a Commercial Condominium Table of Contents Section 1. Land -Name - Submission Statement Section 2. Definitions Section 3. Description of Condominium Section 4. The Units Section 5. Ownership Shares Common Elements and Common Surplus Section 6. Easements Section 7. Condominium Association Section 8. Voting Section 9. Assessments Section 10. Collection of Assessments Section 11. Maintenance, Alteration and Improvements Section 12. Use Restrictions Section 13. Leasing of Units Section 14. Insurance Section 15. Reconstruction or Repair After Fire or Other Casualty Section 16. Condemnation— Intentionally Left Blank Section 17. Termination of Condominium Section 18. Compliance and Default Section 19. Amendments of Declaration of Condominium Section 20. Fines Section 21. Miscellaneous Exhibit "A" The Land Exhibit "B" Articles of Incorporation Exhibit "C" By-Laws Exhibit "D" Voting Interest Exhibit "1" Condominium Plat/Plot Plan (Survey and Floor Plans) 2 DECLARATION OF CONDOMINIUM OF GATEWAY PARK CONDOMINIUM a Commercial Condominium This Declaration of Condominium is made this 27th day May, 2016, by CITY OF SUNNY ISLES BEACH, a Florida municipal corporation, herein called the Developer, for itself, its successors, grantees and assigns. WHEREIN, the Developer makes the following declarations: 1. LAND - NAME - SUBMISSION STATEMENT: A. The Land. The land owned by Developer, which, by this instrument, is submitted to the condominium form of ownership, is the land lying in Miami-Dade County, Florida, (subject to easements, restrictions and reservations of record), which is described as follows: See Exhibit "A" attached. B. Name. The name by which this condominium is to be identified is GATEWAY PARK CONDOMINIUM, a commercial condominium. C. Submission Statement. Developer hereby submits the real property as described on Exhibit "A", and all improvements erected thereon, all easements, rights and appurtenances belonging thereto, and all other property, located thereon and intended for use in connection therewith, to the condominium form of ownership and uses the lands described in this instrument and improvements now and hereafter on such lands. 2. DEFINITIONS: Capitalized terms used in this Declaration and in its exhibits have the meanings stated as follows unless the context otherwise requires: A. Articles or Articles of Incorporation. The Articles of Incorporation of the Condominium Association, as may be amended from time to time attached hereto as Exhibit "B". B. Assessment. A share of the funds required for the payment of Common Expenses, which from time to time are assessed against a Unit and the Owner of a Unit. C. Condominium Association. Gateway Park Commercial Condominium Association, Inc., a Florida non-profit corporation and its successors. E. Board of Directors or Board. The representative body which is 3 responsible for the administration of the Condominium Association or the City Commission of the City of Sunny Isles Beach. F. Building. The structure located on the Condominium Property. G. By-Laws. The By-Laws of the Condominium Association attached hereto as Exhibit "C". H. Common Elements. Common Elements means the portions of the Condominium Property not included in the Units, including easements. The term "Common Elements", when used throughout this Declaration shall mean both Common Elements and Limited Common Elements, unless the context otherwise specifically requires. I. Common Expenses. Common expenses include: (1) Expenses incurred by the Condominium Association in exercising its powers and rights and carrying out its duties, in accordance with the terms hereof. (2) Expenses declared Common Expenses by provisions of this Declaration or the By-Laws. (3) Any valid charge against the condominium as a whole. J. Common Surplus. The excess of all receipts of the Condominium Association collected on behalf of the condominium, including, but not limited to, assessments, rents, profits and revenues on account of the Common Elements over the amount of the Common Expenses. K. Condominium. Gateway Park Condominium, a commercial condominium. L. Condominium Plat or Plot Plan. The Survey and Floor Plans set forth in Exhibit "1" delineating the Condominium. M. Condominium Property. The lands and personal property that are subjected to condominium ownership pursuant to the terms of this Declaration and any amendments hereto, whether or not contiguous, and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium. N. Condominium Unit or Unit. A part of the Condominium Property which is subject to exclusive ownership referring herein to each separate and identified Unit delineated on Exhibit "1" attached to this Declaration, and, including an undivided interest in the Common Elements appurtenant thereto. 4 O. Declarant or Developer. Means and refers to The City of Sunny Isles Beach, a Florida municipal corporation. It shall not include any person or entity who purchases or who acquires by any means, a Condominium Unit from Developer unless such purchaser is specifically assigned some or all rights of Developer by a separate recorded instrument. P. Declaration or Declaration of Condominium. This instrument creating this Condominium as it may be from time to time amended. Q. Institutional Mortgagee. The holder of a first mortgage against a Unit which holder is a bank, savings and loan, real estate or mortgage investment trust, pension or profit sharing trust, any agency of the United States of America, or any entity recognized in the community as an institutional lender. A mortgage may be placed through and closed in the name of a mortgage broker. R. Limited Common Elements. Limited Common Elements means and includes those Common Elements which are reserved for the use of a certain Unit or Units, to the exclusion of other Units, as specified in this Declaration of Condominium. S. Member. Those Owners who are members of the Condominium Association. T. Owner or Unit Owner. An owner of an interest in one or more Units to the extent of such interest. The term Owner or Unit Owner shall not mean or refer to any mortgagee unless and until any such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. U. Property or Properties. The real property submitted to the condominium form of ownership pursuant to the terms hereof. V. Surface Water or Stormwater Management System. A system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges. W. Voting Interests. The arrangement established in this Declaration as set forth on Exhibit "D" attached hereto, and the Bylaws, by which the Owner of a Unit is entitled to vote in Condominium Association matters. Whenever the context so permits, the use of plural shall include the singular, the singular the plural, and the use of one gender shall include all genders. 3. DESCRIPTION OF CONDOMINIUM: A. The Condominium. The Condominium is part land and part building. The 5 Condominium consists of one (1), four (4) story building (which includes the roof level parking) and the surrounding land and will be comprised of three (3) Units. The Building shall contain of a portion of the three (3) Units. The three (3) Units (as further more specifically described below) are each specific and unique in their composition, however, each Unit shall have be partially contained within the Building and shall partially extend out into the land. It is specifically intended that the land area shall be within and part of the Unit and is not be considered a Common Element or Limited Common Element. The Building, Units and other improvements are specifically delineated as shown and set forth on the Plot Plan in Exhibit "1" attached hereto. The Units in of this Condominium shall own a fractional undivided interest in the Common Elements and Common Surplus of this Condominium as hereinafter set forth. 4. THE UNITS: A. Ownership of Unit. Each Unit, together with all appurtenances thereto, for all purposes, constitute a separate parcel of real property, which may be owned in fee simple and which may be conveyed, transferred and encumbered only as provided in and subject to the provisions of this Declaration and applicable laws. A Unit may be divided into several portions and each portion does not have to be contiguous, however, a Unit may not be separated or partitioned as further set forth below. B. Appurtenances to Unit. The ownership of each Unit shall include, and there shall pass as appurtenances thereto, whether or not separately described, all of the right, title and interest of a Unit Owner in the Condominium Property which shall include, but not be limited to, the following: (1) An undivided share in the Common Elements as defined herein and an undivided share in the Common Surplus. Such right to the Common Surplus shall not vest or create in any Owner the right to withdraw or receive distribution of his share of the Common Surplus, except as otherwise provided herein. (2) Membership and voting rights in the Condominium Association, which shall be acquired and exercised pursuant to the Articles of Incorporation and By-Laws of the Condominium Association, attached hereto. (3) The exclusive right to use the Limited Common Elements reserved for such Unit, if any, and the right to use the Common Elements. (4) Other appurtenances as may be provided in this Declaration and its exhibits. C. Unit Boundaries. (1) Unit 1 and Unit 2— Unit 1 and Unit 2 shall be the ground floor Units and land, specifically designated on the Plot Plan on Exhibit 6 "1". Unit 1 shall be non-contiguous with a portion of the Unit 1 being within the Building ("Building Unit 1") and a portion of Unit 1 being the adjacent land area ("Land Unit 1"). Unit 2 shall be non-contiguous with a portion of the Unit 2 being within the Building ("Building Unit 2") and a portion of Unit 2 being the adjacent land area ("Land Unit 2"). a. The Building Unit 1 have as its perimetrical boundaries, the unfinished portions of the interior walls of the Building Unit 1 extended to their planar intersections with each other and with the upper and lower boundaries. The upper horizontal boundaries of the Building Unit 1 shall be the horizontal plane of the unfinished lower surface of the ceiling. The lower horizontal boundaries of the Building Unit 1 shall be the horizontal plane of the unfinished upper surface of the floor of the Building Unit 1. b. The Land Unit 1 perimetrical boundaries shall be as set forth on Exhibit "1". c. The Land Unit 1 upper and lower boundaries shall be determined in the same manner and under the same laws which establish the upper and lower boundaries of a parcel of land, title to which is held in fee simple. d. The Building Unit 2 have as its perimetrical boundaries, the unfinished portions of the interior walls of the Building Unit 2 extended to their planar intersections with each other and with the upper and lower boundaries. The upper horizontal boundaries of the Building Unit 2 shall be the horizontal plane of the unfinished lower surface of the ceiling. The lower horizontal boundaries of the Building Unit 2 shall be the horizontal plane of the unfinished upper surface of the floor of the Building Unit 2. e. The Land Unit 2 perimetrical boundaries shall be as set forth on Exhibit "1". f. The Land Unit 2 upper and lower boundaries shall be determined in the same manner and under the same laws which establish the upper and lower boundaries of a parcel of land, title to which is held in fee simple. (2) Unit 3 - Unit 3 shall be composed of all of the remaining area within the ground floor of the Building and land, not specifically designated as Unit 1 and Unit 2, and all of floors two, three and four (floor four being the top level of a parking garage structure) and as specifically designated on the Plot Plan on Exhibit "1". Unit 3 shall be non- contiguous with a portion of the Unit 3 being within the Building ("Building Unit 3") and a portion of Unit 3 being the adjacent land area ("Land Unit 3"). ■ 7 a. The Building Unit 3 have as its perimetrical boundaries, the unfinished portions of the interior walls of the Building Unit 3 extended to their planar intersections with each other and with the lower ground floor boundary, except for that portion of the interior wall that intersects with Building Unit 1 and Building Unit 2, in which case, that section shall extend to their planar intersections with Building Unit 1 and Building Unit 2. The upper horizontal boundaries of the Building Unit 3 shall be the air space located above the fourth floor garage space as depicted on Exhibit "1". It being specifically intended that all of floor level three and four shall be within and part of Building Unit 3, and all of floor level 2 shall be within and part of Building Unit 3, less and except for that portion which shall serve as the upper boundaries of Building Unit 1 and Building Unit 2. b. The Land Unit 3 perimetrical boundaries shall be as set forth on Exhibit "1". c. The Land Unit 3 upper and lower boundaries shall be determined in the same manner and under the same laws which establish the upper and lower boundaries of a parcel of land, title to which is held in fee simple. (3) Where there are apertures in any boundary, including, but not limited to windows, loading bays, doors, skylights, balconies and porches, such boundaries shall be extended to include the windows, loading bay, doors, skylights and other fixtures located in such apertures, including all frameworks thereof. (4) In the event that the actual physical location of any Unit constructed within the Buildings at any time does not precisely coincide with the area depicted on the Condominium Plat, the actual physical location of the Unit shall control over locations, dimensions and descriptions reflected on the Plot Plan. D. Limited Common Elements. Certain Common Elements may been designated as Limited Common Elements, reserved for the use of a particular Unit or Units, to the exclusion of other Units. The Limited Common Elements and the Units to which their use has been designated are as described herein below and as further identified on the Plot Plan attached hereto as Exhibit "1". The exclusive use of a Limited Common Element is appurtenant to the Unit or Units to which it is designated or assigned. The right to such use shall pass with the Unit on transfer, whether or not separately described, and cannot be separated from it. The following Common Elements are hereby designated as Limited Common Elements: 8 (1) All equipment, fixtures and installations located outside of a Unit(s), which furnish air conditioning or heating exclusively to that Unit(s), shall be Limited Common Elements, and shall be maintained, repaired and replaced solely at the expense of the Owner(s) of such Unit(s). (2) Any water meter and service line serving one or more (but less than all) of the Units shall be a Limited Common Element, and shall be maintained, repaired and replaced solely at the expense of the Owner(s) of such Unit(s). The cost of maintenance, repair and replacement of such meter and service line, as well as the cost of water service provided via such meter, shall be shared by the particular Units served thereby on a fractional basis. (3) Any part of the Common Elements that is connected to or exclusively serves a single Unit, and is specifically required by this Declaration (or any amendment hereto) to be maintained, repaired or replaced by or at the expense of the Unit Owner served thereby, shall be deemed a Limited Common Element appurtenant to such Unit(s), whether specifically described above or not. E. Use and Possession. A Unit Owner is entitled to the exclusive use and possession of his Unit, and the Limited Common Elements assigned to the Unit as aforesaid, subject only to the Condominium Association's right of accesses provided herein. The Unit Owner shall be entitled to use the Common Elements in accordance with the purposes for which they are intended, but such use may not hinder nor encroach upon the lawful rights of other Unit Owners or other persons having rights to use the Condominium Property. No Unit may be divided or any fractional portion sold or otherwise conveyed, provided however, a Unit may be temporarily divided for leasing purposes. However, such divided Unit shall be considered a whole Unit for the purposes of voting and ownership interests as set forth in this Declaration. The use of the Units, Common Elements and Limited Common Elements shall be governed by this Declaration and by the rules and regulations adopted by the Condominium Association through its Board of Directors in the manner set forth in the By-Laws. F. Restraint upon Separation and Partition. The undivided share in the Common Elements appurtenant to a Unit shall not be separated from the Unit and shall pass with the title to the Unit, whether or not separately described. No legal action for partition of the Common Elements shall be permitted. The shares and the funds and assets of the Condominium Association cannot be assigned, pledged or transferred in any manner except as appurtenance to the Units. G. Graphic Description. At the date of recording of this Declaration, the real property and all improvements thereon, as set forth in Exhibit "A", shall be submitted to the condominium form of ownership. The location, dimensions and size of each Unit and the location of the Common Elements and Limited Common Elements are set forth in Exhibit "1". H. Identity of Units. Each Unit will be identified by a separate numerical 9 designation. The legal description of each Unit shall be the word "Unit," followed by the identifying number, followed by "Gateway Park Condominium, a commercial condominium." I. Changes to Units. (1) Except as otherwise reserved by Developer, no Unit Owner shall make any alteration or improvement to such Owner's Unit except in accordance with this Section. Unit 1 and Unit 2 Owners may make alterations and improvements to the interior of the said Unit 1 or Unit 2 so long as such alterations or improvements are not visible from the outside of the Unit 1 or Unit 2 or the Buildings, do not impair the structural integrity of the Unit or the Buildings, do not otherwise violate the terms of this Declaration, and are in compliance with all applicable building codes and laws. Each Owner shall have the right, at his own cost and expense, alter or substitute any plumbing, electrical or other such fixtures attached to said ceilings, floors or walls; provided that this provision shall not be construed as permitting interference with the use and enjoyment of the Common Elements by other Owners and are in compliance with all applicable building codes and laws. Other alterations or improvements to a Unit which are not discussed in this Declaration may be made only if prior approval in writing is obtained from the Board of Directors. (2) Unit 3 Owner may make alterations and improvements to the interior or exterior of the said Unit 3 so long as such alterations or improvements do not impair the structural integrity of the Unit or the Buildings, do not otherwise violate the terms of this Declaration, and are in compliance with all applicable building codes and laws. Other alterations or improvements to a Unit which are not discussed in this Declaration may be made only if prior approval in writingis obtained from the Board of Directors. (3) Developer shall have the additional right, without the consent or approval of the Board of Directors or other Unit Owners, to make alterations, additions or improvements, structural and non-structural, interior and exterior, ordinary and extraordinary, in, to and upon any Unit owned by it, to the proposed or already constructed Unit located or to be located thereon, and Limited Common Elements appurtenant thereto. Such modifications shall include, without limitation: (i) the removal of walls, floors, ceilings and other structural portions of the Unit; and (ii) changes to the layout or number of rooms in any Developer- owned Units. 5. OWNERSHIP SHARES, COMMON ELEMENTS AND COMMON SURPLUS. A. Calculation. The undivided share in the Common Elements and Common Surplus appurtenant to each Unit, as well as the undivided share of the Common Expenses to be paid with respect to each Unit, has been established by Developer in the following manner: 10 (1) Unit 1 shall have one percent (1%) share; (2) Unit 2 shall have one percent (1%) share; (3) Unit 3 shall have ninety-eight percent (98%) share. Every purchaser of a Unit, whether from Developer or otherwise, hereby agrees to be bound by such calculations and hereby irrevocably waives the right to assert that the formula used or the measurements made were unfair, inequitable, or otherwise in error. The Common Expenses shall be shared and the Common Surplus shall be owned in the same proportion as each such Unit Owner's share of the ownership of the Common Elements. B. Appurtenant. The undivided share in the Common Elements and Common Surplus which is appurtenant to a Unit, and the exclusive right to use all appropriate appurtenant Limited Common Elements, shall not be separated from such Unit and shall pass with the title to the Unit, whether or not separately described. The appurtenant share in the Common Elements and Common Surplus, and the exclusive right to use all Limited Common Elements appurtenant to a Unit, cannot be conveyed or encumbered, except together with such Unit. The respective shares in the Common Elements appurtenant to Units shall remain undivided, and no action for partition of the Common Elements, the Condominium Property, or any part thereof, shall be undertaken, except as provided herein with respect to termination of the Condominium. 6. EASEMENTS: The following easements are hereby created (in addition to any easements created under the Act and any other provisions of this Declaration): A. Support. Each Unit shall have an easement of support and of necessity and shall be subject to an easement of support and necessity in favor of all other Units and the Common Elements. B. Utility and Other Services: Drainage. Non-exclusive easements are hereby reserved unto Developer, and thereafter to the Association and to each Owner, and also granted to the respective utility providers under, through and over the Condominium Property as may be required from time to time for the construction, use and maintenance of all utilities (whether public or private), cable television, communications and security systems, and other services which may serve the Condominium; provided, however, that these easements shall not permanently interfere with the use of the Units. A non- exclusive easement is also reserved unto Developer and granted to all applicable governmental entities over and across the Common Elements for the purpose of providing drainage and for the installation, operation, use and maintenance of drainage facilities; provided, however, that the Condominium Association shall be responsible for the continuous maintenance of the easements and rights-of-way of the drainage system located on any and all portions of the Condominium Property. C. Encroachments. If: (1) any portion of the Common Elements encroaches upon any Unit; (ii) any Unit encroaches upon any other Unit or upon any portion of the Common Elements; or (iii) any encroachment shall hereafter occur as a result of (a) construction of the improvements; (b) settling or shifting of the improvements; (c) any 11 alteration or repair to the Common Elements made by or with the consent of the Condominium Association or Developer, as appropriate, or (d) any repair or restoration of the improvements (or any portion thereof) or any Unit after damage by fire or other casualty or any taking by condemnation or eminent domain proceedings of all or any portion of any Unit or the Common Elements; then, in any such event, a valid easement shall exist for such encroachment and for the maintenance of the same so long as the improvements shall stand. D. Ingress and Egress. A non-exclusive easement in favor of each Unit Owner and resident, their guests and invitees, shall exist for pedestrian traffic over, through and across sidewalks, streets, paths, walks, and other portions of the Common Elements as from time to time may be intended and designated for such purpose and use and for vehicular and pedestrian traffic over, through and across such portions of the Common Elements as from time to time may be paved and intended for such purposes. None of the easements specified in this subsection shall be encumbered by any leasehold or lien other than those on the Condominium Property. Any such lien encumbering such easements (other than those on Condominium Property) automatically shall be subordinate to the rights of Unit Owners and the Condominium Association with respect to such easements. E. Surface Water or Stormwater Management System. The Developer and the Association shall have a perpetual non-exclusive easement over all areas of the Surface Water or Stormwater Management System for access to operate, maintain or repair said system. By this easement, the Developer and the Association shall have the right to enter upon any portion of any lot which is a part of the Surface Water or Stormwater Management System, at a reasonable time and in a reasonable manner, to operate, maintain or repair the Surface Water or Stormwater Management System as required by the South Florida Water Management District permit. Additionally, the Developer and the Association shall have a perpetual non-exclusive easement for drainage over the entire Surface Water or Stormwater Management System. No person shall alter the drainage flow of the Surface Water or Stormwater Management System, including buffer areas or swales, without the prior written approval of the South Florida Water Management District. F. Construction: Maintenance. (1) Developer (including its designees, contractors, successors and assigns) shall have the right, in its (and their) sole discretion from time to time, to enter the Condominium Property and take all other action necessary or convenient for the purpose of completing the construction thereof, or any part thereof, or any improvements or Units located or to be located thereon, and for repair, replacement and maintenance purposes or where Developer, in its sole discretion, determines that it is required or desires to do so. (2) Developer hereby reserves unto itself and its successors and its assigns, and grants to the Condominium Association with the power to assign, 12 non-exclusive easements over, under and through the Condominium Property for the construction, maintenance and operation of electric, gas or other utility, drainage, sewer, cable television, security systems, communications, service or other easements pertaining to the construction, maintenance and operation of other equipment, conduits, pipes, lines and similar installations servicing the Condominium Property or other property with the power to relocate any such existing easements in any portion of the Condominium, provided that such easements or the relocation of easements will not prevent or unreasonably interfere with the reasonable use of the Units for commercial purposes. (3) Developer shall have the right to grant easements over the Condominium Property, specifically including, but not limited to granting non- exclusive easements to vendors and contractors. Developer shall be entitled to retain any and all commissions, fees and compensation from any such vendor or contractor for such easements, and the Condominium Association shall have no right of contribution to such commissions, fees, or compensation. G. Facilities and Services, Easements are reserved over, under, across and through Units for conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility and other services to the Units and the Common Elements. H. Condominium Plat/Plot Plan. All other easements described or shown on the Condominium Plat/Plot Plan. I. Condominium Association Easement. An irrevocable perpetual non- exclusive easement is hereby granted to the Condominium Association and its successors and assigns over, across, under and through the Condominium Property for the purpose of permitting the Condominium Association to perform its obligations hereunder. Such easement shall permit access to the Units upon reasonable prior notice, except that no notice shall be required in the event of an emergency. Further, a right of access to each Unit during reasonable hours is hereby granted to the Association, when necessary, to maintain, repair or replace those items and areas, for which the Condominium Association is responsible, and to remove any improvements interfering with or impairing such facilities or easements herein reserved, pursuant to the Declaration or as necessary to prevent damage to the Common Elements or to a Unit or Units. J. Unit 3 Easement Granted to Unit 1 and Unit 2. An perpetual non- exclusive easement is hereby granted by Unit 3 in favor of each Unit 1 Owner and Unit 2 Owner, their guests and invitees, in, over and across all portions of Unit 3 for the purpose of: i) ingress and egress to Unit 1 and Unit 2; ii) parking within the parking area of Unit 3, subject to any and all parking rules and restrictions that may be implemented from time to time, by the Developer or the Owner of Unit 3; iii) use of the bathrooms, subject to any and all rules and restrictions that may be implemented from time to time by the Developer or the Owner of Unit 3; and iv) the use of any and all areas within Unit 3 as may be specifically granted and allowed by Unit 3 in favor of Unit 1 and Unit 2. Notwithstanding the preceding, nothing in this grant of easement shall be deemed as 13 limiting the Developer or the Owner of Unit 3 from placing rules, restrictions or limitation of use on and over all or any portion of Unit 3, from time to time, for any reason whatsoever. 7. CONDOMINIUM ASSOCIATION. The operation of the Condominium shall be by the Gateway Park Commercial Condominium Association, Inc., a Florida not-for-profit corporation, which shall perform its functions pursuant to the following: A. Articles of Incorporation of the Condominium Association. B. The By-Laws of the Condominium Association. C. Delegation of Management. The Condominium Association may contract for the management and maintenance of the Condominium Property and authorize a management agent to assist the Condominium Association in carrying out its powers and duties by performing such functions as the submission of proposals, collection of Assessments, preparation of records, enforcement of rules and maintenance, repair and replacement of the Common Elements with funds made available by the Condominium Association for such purposes. D. Membership. The membership of the Condominium Association shall be comprised of Owners of the Condominium Units, as further provided herein and in the By-Laws. E. Acts of The Condominium Association. Unless the approval or affirmative vote of the Unit Owners is specifically made necessary by some provision of this Declaration, the Articles or the By-Laws of the Condominium Association, all approvals or actions permitted or required to be given or taken by the Condominium Association may be given or taken by its Board of Directors or its designee, without a vote of the Unit Owners. The officers and directors of the Condominium Association have a fiduciary relationship to the Unit Owners. A Unit Owner does not have the • authority to act for the Condominium Association by reason of being a Unit Owner. F. Powers and Duties. The powers and duties of the Association include those set forth in the Condominium Act, the Bylaws and this Declaration. The Association may contract, sue, or be sued with respect to the exercise or non-exercise of its powers and duties. For these purposes, the powers of the Association include, but are not limited to, the maintenance, management, and operation of the Condominium Property and Association property. The Association may impose fees for the use of Common Elements or Association Property. The Association has the power to enter into agreements, to acquire leaseholds, memberships and other Ownership, possessory or use interests in lands or facilities, regardless of whether the lands or facilities are contiguous to the lands of the Condominium. The Association shall be responsible for the maintenance, operation and repair of the Surface Water or Stormwater Management System. Maintenance of the Surface Water or Stormwater Management System shall mean the exercise of practices which 14 allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the South Florida Water Management District. Any repair or reconstruction of the Surface Water or Stormwater Management System shall be as permitted or, if modified, as approved by the South Florida Water Management District. G. Official Records. The Condominium Association shall maintain its Official Records as required by law. The records shall be open to inspection by Unit Owners or their authorized representatives at reasonable times, and copies shall be available at reasonable cost to the Owner requesting copies. H. Purchase of Units. The Condominium Association has the power to purchase Units in the Condominium and to acquire and hold, lease, mortgage, and convey them, subject to the approval of a majority of the Board of Directors. 8. VOTING RIGHTS: Each Unit Owner shall be a Member of the Condominium Association. Each Unit shall be entitled to vote based on each Unit's Voting Interests, to be cast by its Owner in accordance with the provisions of the By-Laws and Articles of Incorporation of the Condominium Association. Each Unit Owner shall be entitled to the number of Voting Interests as set forth on Exhibit "D" attached hereto and incorporated herein. Membership in the Condominium Association shall automatically terminate upon the termination of ownership of a Condominium Parcel, and the subsequent owners taking title shall automatically become entitled to membership. The vote of a Unit shall not be divisible. 9. ASSESSMENTS A. General Assessment. The Board of Directors shall from time to time, and at least annually, prepare and adopt a budget for the Condominium ("Budget for Common Expenses"), determine the amount payable by the Unit Owners to meet the Common Expenses of the Condominium, and allocate and assess such expenses among the Unit Owners in accordance with the provisions of this Declaration and the By-Laws ("General Assessment"). Incidental income to the Condominium Association, if any, may be used to pay regular or extraordinary Condominium Association expenses and liabilities, to fund reserve accounts, or otherwise as the Board shall determine from time to time, and need not be restricted or accumulated. Any adopted Budget for Common Expenses shall be subject to change by the Board of Directors, and the amount of the General Assessment shall be changed in accordance with such revised Budget for Common Expenses to cover actual expenses at any time. B. Special Assessments. In addition to General Assessments the Board of Directors may levy "Special Assessments", "Capital Improvement Assessments" and "Limited Common Element Assessments" upon the following terms and conditions: (1) "Special Assessments" shall mean or refer to amounts levied against each Owner and such Owner's Unit, representing a portion of the costs incurred by the Condominium Association for specific purposes of a nonrecurring nature which are not in the nature of capital improvements. 15 (2) "Capital Improvements Assessments" shall mean and refer to amounts levied against each Owner and such Owner's Unit, representing a portion of the costs incurred by the Condominium Association for the acquisition, installation, construction or replacement (as distinguished from maintenance, repairs and replacement) of any capital improvements located or to be located within the Common Elements. 10. COLLECTION OF ASSESSMENTS: The General Assessments, Special Assessments, Capital Improvement Assessments and Limited Common Element Assessments (collectively, the "Assessments") shall be collected monthly or quarterly, in advance, and in a manner as determined from time to time by the Board of Directors. 11. MAINTENANCE. ALTERATION AND IMPROVEMENTS: Responsibility for the maintenance of the Condominium Property, and restrictions upon the alteration and improvement thereof, shall be as follows: A. Units (1) By the Condominium Association. The Condominium Association shall be responsible for maintaining and repairing the exterior portions of the Units, Provided however, the Condominium Association may provide maintenance upon any Unit requiring maintenance, when necessary in the opinion of the Board of Directors, to preserve the beauty, quality and value of the properties, and any maintenance, repair or replacement that is otherwise the responsibility of the Unit Owner hereunder and if said Unit Owner fails to replace, restore, repair or perform the required maintenance after notice to the Owner. The cost of such maintenance shall be assessed against the Unit upon which such maintenance is performed, or, at the option of the Board of Directors against the Unit or Units benefiting from the maintenance. The assessment shall be apportioned among the Units involved in a manner determined to be appropriate by Board. Any such maintenance assessment shall not be considered a part of the General Assessments or Special Assessments. (2) By the Unit Owners. The responsibility of the Unit Owner shall be to maintain, repair and replace, at the Owner's expense all portions of his Unit and any Limited Common Elements appurtenant thereto, including but not limited to the interior walls, floors, ceilings, finishings, glass entry area and entry doors, exterior lights connected to the unit, signs, electrical, heating and air conditioning equipment, plumbing or other utility specifically serving the Unit. Any such repair and/or replacement shall be within the guidelines established by the Condominium Association. B. Common Elements (1) By the Condominium Association. The Condominium Association 16 shall maintain, repair and replace at the Condominium Association's expense all Common Elements in the Condominium Property. Provided, however, that if any of such repair or replacement shall be necessitated as a result of the negligence or misuse of the Common Elements by a Unit Owner, his invitees, employees, customers or patrons, such cost shall be assessed to such Unit Owner as a special assessment. All signs and signage located within the Common Elements shall be the responsibility of the Condominium Association and a Common Expense of the Unit Owners, provided the cost for maintenance of signs identifying a particular Unit shall be charged to that particular Unit. Notwithstanding the foregoing, if a Unit is leased, signs and signage shall be the responsibility of the lessee. (2) Surface or Stormwater Management System.The Developer has constructed a Surface or Stormwater Management System upon the site for the purpose of managing and containing the flow of excess surface water, if any, found upon the Condominium Property from time to time. The Association shall be responsible for the maintenance, operation and repair of the Stormwater Management System on the site. Maintenance, operation and repair shall mean the exercise of practices, such as mowing and erosion repair, which allow the Surface or Stormwater Management System to provide drainage, water storage, conveyance or other surface or stormwater management capabilities as permitted by the South Florida Water Management District. Filling, excavation, construction of fences or other wise obstructing the surface water flow Stormwater Management System is prohibited. No alteration of the Surface or Stormwater Management System shall be authorized and any damage to the Surface or Stormwater Management System, whether cause by natural or human- induced phenomena, shall be repaired and the Surface or Stormwater Management System returned to its former condition as soon as possible by the Association. 12. USE RESTRICTIONS: The use of the Condominium Property shall be in accordance with the following provisions so long as the Condominium exists: A. Owners and Units Subject to Declaration. All Owners, tenants and occupants of Units and their employees, patrons, invitees and any other person who use the facilities of the Condominium Property in any manner shall be subject to the provisions of this Declaration, the Articles and By-Laws as they may be amended from time to time, including all restrictions, covenants, agreements, dedications and easements of record. The acceptance of a Condominium Unit conveyance by any Owner or the entering into occupancy of a Unit by an Owner, tenant or occupant shall constitute agreement that the provisions of this Declaration and the By-Laws as they may be amended from time to time, including all restrictions, covenants, agreements, dedications and easements of record are accepted and ratified by such Owner, tenant or occupant. The restrictions and burdens imposed by the provisions of this Declaration and the Exhibits annexed hereto, are intended to and shall constitute an equitable servitude upon each Unit and its appurtenant undivided interests in the Common Elements, binding upon 17 the Developer, it successors and assigns, and any other holder of an interest or estate in a Unit, as though all such provisions and Exhibits were recited and stipulated at length in each deed of conveyance or lease relating to a Unit. B. Safety. No Owner, tenant or occupant of a Unit shall do, or suffer or permit to be done, anything in any Unit which would impair the soundness or safety of any improvements constructed on the Unit or in the Common Elements or become a safety hazard to other Unit Owners, their patrons, employees, tenants or invitees. C. Exterior. No Owner, tenant or occupant of a Unit shall paint or otherwise change any exterior wall, door, window or any exterior surface without the prior written approval and consent of the Condominium Association. The Condominium Association may establish reasonable and uniform regulations permitting the placement and maintenance by each Owner of identifying signs and insignia of such size and materials and in such locations as shall be architecturally suitable and appropriate. D. Common Elements. The Common Elements shall be used only for the purposes for which they are intended in the furnishing of services and facilities for the Condominium Property and any other use approved by the Developer or the Condominium Association, as applicable. E. Discharge of Toxic Materials into Drainage System. No Unit Owner, tenant or occupant of a Unit shall suffer or permit the discharge or flow into the drainage system, sewer or water drainage system of any toxic waste, chemicals, silt, sediment, pollutants, contaminants, oil, grease, dirt or other hazardous material of any sort. F. Nuisance. No nuisances shall be allowed upon the Condominium Property, nor any use or practice that is the source of annoyance or which interferes with the peaceful possession and proper use of the Units or the Common Elements. No Owner shall permit loud or objectionable noises or obnoxious odors to emanate from the Unit. All parts of the property shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage allowed to accumulate nor any fire hazard allowed to exist. No Unit Owner shall permit any use of his Unit or make any use of the Common Elements which will cause the cancellation of insurance upon the Condominium Property. G. Compliance with Law. No immoral, improper, offensive or unlawful use shall be made of the Condominium Property or any part of it; and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction shall be observed. The responsibility of meeting the requirements of governmental bodies which require maintenance, modification or repair of the Condominium Property shall be the same as the responsibility for the maintenance and repair of the property concerned. H. Rules and Regulations. Reasonable regulations concerning the use of the Condominium Property and the Condominium Units may be made and amended from time to time by the Condominium Association in the manner provided by its Articles of Incorporation and By-Laws. Copies of such regulations and amendments shall be 18 furnished by the Condominium Association to all Unit Owners upon request. 13. LEASING OF THE UNITS: A tenant of a Unit shall have all of the use rights in the Association Property and Common Elements otherwise readily available for use generally by Unit Owners and the Unit Owner of the leased Unit shall not have such rights, except as a guest. This shall not, however, interfere with access rights of a Unit Owner as landlord pursuant to applicable law. All of the provisions of this Declaration and the rules and regulations of the Condominium Association pertaining to use and occupancy shall be applicable and enforceable against any person occupying a Unit as lessee or invitee to the same extent as against an Owner, and a covenant upon the part of each occupant of a Unit to abide by the rules and regulations of the Condominium Association and the provisions of this Declaration. 14. INSURANCE: The Association shall use its best efforts to obtain and maintain adequate insurance covering the following: (1) Casualty. Insurance covering loss or damage to the Common Elements and all other portions of the Condominium Property which the Association is responsible to maintain under the terms of this Declaration, and all items for which the Association is required under applicable provisions of the Act to insure against loss or damage by fire and against loss or damage by risks now or hereafter embraced by standard extended coverage and vandalism and malicious mischief endorsements (collectively, the Atnsured Property'). Such policies may contain reasonable deductible provisions as determined by the Board of Directors. Such coverage shall afford protection against such other risks as from time to time are customarily covered with respect to buildings and improvements similar to the Insured Property in construction, location and use, including, but not limited to, vandalism and malicious mischief. (2) Liability. Comprehensive general public liability and automobile liability insurance covering loss or damage resulting from accidents or occurrences on or about or in connection with the Insured Property or adjoining driveways and walkways, or any work, matters or things related to the Insured Property, with such coverage as shall be required by the Board of Directors, but with combined single limit liability of not less than $1,000,000.00 per occurrence, and with a cross liability endorsement to cover liabilities of the Unit Owners as a group to any Unit Owner, and vice versa. (3) Worker's Compensation. Worker's Compensation and other mandatory insurance shall be obtained when applicable. 19 (4) Fidelity Insurance. Fidelity Insurance, if required by the Act or Fannie Mae/FHLMC, covering all persons who control or disburse Association funds, such insurance to be in the amount required by law. (5) Association Property. Appropriate additional policy provisions, policies or endorsements extending the applicable portions of the coverage described above to all Association Property, where such coverage is available. (6) Such Other Insurance as the Board of Directors shall determine from time to time to be desirable. 15. RECONSTRUCTION OR REPAIR AFTER FIRE OR OTHER CASUALTY: A. Repair after Casualty. In the event of Fire or Casualty, the requirement to reconstruct, rebuild or repair shall be determined by the holders of the majority Voting Interests. In the event the holders of majority of Voting Interests vote to have the Condominium reconstructed, rebuilt or repaired, the Board of Directors shall arrange for the prompt repair and restoration of the Condominium, and the Association shall disburse the proceeds of all insurance policies to the contractors engaged in such repair and restoration in appropriate progress payments. If the proceeds of the insurance are not sufficient to defray the estimated costs of reconstruction and repair to be effected by the Association, or if at any time during reconstruction and repair, or upon completion of reconstruction and repair, the funds for the payment of the costs of reconstruction and repair are insufficient, Assessments shall be levied against the Unit Owners in sufficient amounts to provide funds for the payment of such costs. Such Assessments on account of damage to the Condominium shall be in proportion to all of the Owners' respective shares in the Common Elements, as determined by the Association. B. Responsibilities of Unit Owners. If damage occurs to the Units, the maintenance and responsibility of which lies solely upon the respective Unit Owners, then each Unit Owner shall be solely responsible for all necessary reconstruction and repair to its respective Unit which reconstruction and repair shall be effected promptly and in accordance with guidelines established by the Board of Directors. Each Unit Owner shall have the absolute responsibility of applying insurance proceeds, arising as a result of flood, fire or other casualty damage to the Unit to the repair and/or reconstruction of such Unit; provided, however, that no Unit Owner shall have the responsibility of applying insurance proceeds to the repair and/or reconstruction of the respective Units if the Condominium is terminated in accordance with the provisions of Section 17 herein. C. No Reconstruction. In the event the majority of the Voting Interests elect not to reconstruct, rebuild or repair, the Condominium shall be subject to termination as set forth in Section 17 below. 20 16. CONDEMNATION: Intentionally left blank 17. TERMINATION OF CONDOMINIUM: The Condominium shall continue until (i) terminated by casualty loss, condemnation or eminent domain, as more particularly provided elsewhere in this Declaration, or (ii) such time as termination of the condominium form of ownership is authorized by a vote of the holders holding a majority of Voting Interests. Upon such termination, the former Condominium Property shall be subject to an action for partition by any Owner, and the net proceeds of sale shall be divided among all Owners in proportion to their respective interests in the Common Elements; provided, however, that no payment shall be made to an Owner until all mortgages and liens on his Unit, in the order of their priority, have been satisfied out of his share of such net proceeds. Upon such termination, all funds of the Association, including, but not limited to, reserves, but specifically excluding insurance proceeds (which proceeds and awards shall be apportioned to the Unit Owners based upon the provisions of Sections 15), shall be divided among all Owners in proportion to their respective interests in the Common Elements; provided, however, that no payment shall be made to an Owner until all mortgages and liens on his Unit, in the order of their priority, have been satisfied out of his share of such net proceeds. The termination of the Condominium shall be effective upon a certificate of the Association, executed, by its President and Secretary, certifying the basis of the termination being recorded among the Public Records of the County. 18. COMPLIANCE AND DEFAULT: Each Owner shall be governed by and shall comply with the terms of the Declaration of Condominium, Articles of Incorporation of the Condominium Association and the By-Laws and any rules and regulations adopted pursuant to those documents, and all of such documents and regulations as they may be amended from time to time. Failure of an Owner to comply with such shall entitle the Condominium Association or other Owners to the following relief in addition to the remedies provided by law: A. Negligence. An Owner shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his negligence or by that of any invitees, employees, agents or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Condominium Association. B. Costs and Attorney's Fees. In any proceeding arising because of an alleged failure of an Owner or the Condominium Association to comply with the terms of the Declaration, Articles of Incorporation of the Condominium Association, the By-Laws or any rules and regulations adopted pursuant to them, and such documents and regulations as they may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorney's fees (including for appeal) as may be awarded by the court. C. No Waiver of Rights. The failure of the Condominium Association or any Unit Owner to enforce any covenant, restriction or other provisions of this Declaration, the Articles of Incorporation of the Condominium Association, the By-laws or any rule or regulation shall not constitute a waiver of the right to do so thereafter. 21 D. Notice of Lien or Suit. (1) Notice of Lien. A Unit Owner shall give to the Condominium Association written notice of every lien upon his Unit other than for permitted mortgages, taxes and Special Assessments, within five (5) days after the Unit Owner receives actual notice of the attachment thereof (2) Notice of Suit. An Owner shall give notice, in writing, to the Condominium Association of every suit or other proceeding which may affect the title to his Unit, such notice to be given five (5) days after the Unit Owner receives actual knowledge thereof. (3) Failure to Comply. Failure to comply with this Section will not affect the validity of any judicial suit, however, if such failure is a substantial contributing cause of damage or harm to the Condominium Association or other Owners, the Owner shall be liable to the injured party. 19. AMENDMENTS OF DECLARATION OF CONDOMINIUM: This Declaration may be amended upon affirmative vote of the holders of a majority of the Voting Interests in the Condominium. A. Correction of Errors. Notwithstanding any provision herein to the contrary, if there is an omission or scrivener's error in this Declaration or in any documents required to establish this Condominium, then the Condominium Association may correct the error or omission, without a vote of the Members, by the recording of a properly executed amendment that has been approved by a majority of the Board of Directors of the Condominium Association. B. Surface or Stormwater Management Amendment. Any amendment to this Declaration which alters any provision relating to the Surface Water or Stormwater Management System, beyond maintenance in its original condition, including the water management portions of the Common Areas, must have the prior written approval of the South Florida Water Management District. The South Florida Water Management District shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in this Declaration which relate to the maintenance, operation and repair of the Surface Water or Stormwater Management System. 20. FINES: A. Compliance. Every Unit Owner and his tenants, guests, invitees and agents shall comply with any and all rules and regulations as same exist and as may be adopted in the future by the Board of Directors. B. Enforcement. Failure to comply herewith or with such rules and regulations shall be grounds for immediate action which may include, without limitation, 22 an action to recover sums for damages, an action for injunctive relief, or any combination thereof C. Fines. In addition to all other remedies, in the sole discretion of the Board of Directors of the Condominium Association, a fine or fines may be imposed upon a Unit Owner for failure of a Unit Owner, his tenants, family guests, invitees, or employees to comply herewith or with any rules or regulations G. Non-Exclusive Remedy. The fines provided for herein shall not be construed to be an exclusive remedy of the Condominium Association, and shall exist in addition to all other rights and remedies to which the Condominium Association may be otherwise legally entitled; however, any penalty paid by the offending Unit Owner shall be deducted from or offset against any damage which the Condominium Association may otherwise be entitled to recover by law. 21. MISCELLANEOUS: A. Severability. The invalidity in whole or in part of any covenant or restriction, or any section, subsection, sentence, clause, phrase or word, or other provision of this Declaration of Condominium, Articles of Incorporation of the Condominium Association, the Bylaws and rules and regulations of the Condominium Association shall not affect the validity of the remaining portions. B. Applicable law. The validity, application and construction of this Declaration and its Exhibits shall be governed by the laws of the State of Florida. C. Conflicts. If there is a conflict between any provision of this Declaration and the Condominium Association's By-Laws or Articles of Incorporation, the Declaration shall control. D. Interpretation. The Board of Directors of the Condominium Association shall be responsible for interpreting the provisions of this Declaration and of any of the exhibits attached hereto. Such interpretation shall be binding upon all parties unless wholly unreasonable. A written opinion rendered by legal counsel that an interpretation adopted by the Board is not unreasonable shall conclusively establish the validity of such interpretation. E. Exhibits. There is hereby incorporated within this Declaration any materials contained in the exhibits attached hereto. 23 IN WITNESS WHEREOF, the following have set their hands and seals or have caused these presents to be executed on their behalf as of the day and year set opposite their name. Witnessed. THE CITY 0 P SUNN ISLES BEACH, a Florida mud ipal corporation 4 Signature j_ t Z `11 By: Print Name Name: George . Scholl 45" Title: Mayor‘Ask LAA ) . Sign ture � AAM_ 3-. i O 1Ao,s Print Name STATE OF FLORIDA COUNTY OF MIAMI DADE AAAA F The foregoing instrument was acknowledged before ethis j6 lay of left( 201. by C eoR-c 4. Seh}ow as the . 1. a:' 1 of THE CITY OF SUNNY ISLES BEACH, a Flori;a mile co 'oration on behalf of the corporation. He is personally known to me or predce,1 , as identification. 1,1711111 -t.,/p2A. . MAURICIU BETANCUR - ' p. N■QQQ�.,Iµ1',T�AR IA•PI 1BL `,`��Y PVe,' , ! V LLD 6 ti�� .0` ' €-'-;, Notary-Public=State of Florida. � `•; ,a,';.c.'My'Comm..Expires May 4.2017 9 s"; I.. s Commission#EE.879454`.. ' Print Name ,''FO;r,o?,.' Bonded Through National.Notary Assn. 24 • EXHIBIT "A" LEGAL DESCRIPTION OF PARCEL "B": Lots 6A, 6, 7, 8 and the West 20 feet of Lot 5, less the Right of Way, of SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION, according to the plat thereof, as recorded in Plat Book 50, Page 76, of the Public Records of Miami-Dade County, Florida. Containing 84,000 Square Feet or 1.93 Acres (Net Area), more or less by calculations. Exhibit "B" Articles of Incorporation 26 INDEX TO ARTICLES OF INCORPORATION OF GATEWAY PARK COMMERCIAL CONDOMINIUM ASSOCIATION, INC. ARTICLE I. NAME ARTICLE II. PURPOSE ARTICLE III. POWERS ARTICLE IV. MEMBERS ARTICLE V. EXISTENCE AND DURATION ARTICLE VI. LOCATION ARTICLE VII. BOARD OF DIRECTORS/OFFICERS ARTICLE IX. SUBSCRIBERS ARTICLE X. BY-LAWS ARTICLE XI. INDEMNIFICATION ARTICLE XII. AMENDMENTS CERTIFICATE OF REGISTERED AGENT ARTICLES OF INCORPORATION OF GATEWAY PARK COMMERCIAL CONDOMINIUM ASSOCIATION, INC. (a corporation not for profit) In order to form a corporation under and in accordance with the provisions of the laws of the State of Florida, for the formation of corporations not for profit, we, the undersigned, hereby associate ourselves into a corporation for the purpose and with the powers hereinafter mentioned; and to that end we do, by these Articles of Incorporation, set forth: ARTICLE I NAME The name of the corporation shall be GATEWAY PARK COMMERCIAL CONDOMINIUM ASSOCIATION, INC. (the"Association"). ARTICLE II PURPOSE The purposes and objects of the Association shall be to administer the operation and management of a condominium to be established by the CITY OF SUNNY ISLES BEACH, FLORIDA, a Florida municipal corporation, (the "Developer"), the condominium complex to be known as the GATEWAY PARK CONDOMINIUM, a commercial condominium (the "Condominium"). The Condominium is to be established in accordance with the laws of the State of Florida upon the property, situate, lying and being in Miami-Dade County, Florida, more particularly described in Exhibit "A" of the Declaration of Condominium for Gateway Park Condominium, a commercial condominium (the "Declaration of Condominium"), incorporated herein by reference and made a part hereof. In addition, the Association shall undertake the performance of the acts and duties incident to the administration of the operation and management of the Condominium and in accordance with the terms, provisions, conditions and authorizations contained in these articles and which may be contained in the Declaration of Condominium which will be recorded in the Public Records of Miami-Dade County, Florida, at the time said property, and the improvements now or hereafter situate thereon are submitted to a plan of condominium ownership; and to own, operate, lease, sell, trade and otherwise deal with such property, whether real or personal, as may be necessary or convenient in the administration of the Condominium. The Association shall be conducted as a non-profit organization for the benefit of its Members. ARTICLE III POWERS The Association shall have the following powers: I A. All of the powers and duties granted to corporations and corporations not for profit as set forth in Chapter 617, Florida Statutes, except as expressly limited or restricted in Chapter 718, Florida States (the "Florida Condominium Act"), and all of the powers and privileges which may be granted unto said Association or exercised by it under any other applicable laws of the State of Florida. B. All of the powers reasonably necessary to implement and effectuate the purposes of the Association, including, but not limited to: 1. To make and establish reasonable rules and regulations governing the use of Condominium Units and the Common Elements in the Condominium as said terms may be defined in the Declaration of Condominium. 2. To levy and collect assessments against Members of the Association to defray the common expenses of the Condominium as may be provided in the Declaration of Condominium and in the By-Laws of the Association which may be hereafter adopted, including the right to levy and collect assessments for the purposes of acquiring, operating, leasing, and otherwise trading and dealing with such property, whether real or personal, including the Units in the Condominium, which may be necessary or convenient in the operation and management of the Condominium and in accomplishing the purposes set forth in the Declaration of Condominium. 3. To maintain, repair, replace, operate and manage the Condominium and the property comprising same, including the right to reconstruct improvements after casualty and to make further improvement of the Condominium property. 4. To contract for the management and maintenance of the Condominium and to authorize a management agent to assist the Association in carrying out its powers and duties by performing such functions as the collection of assessments, preparation of records, enforcement of rules and maintenance of the common elements. The Association shall, however, retain at all times the powers and duties granted them by the Condominium Act, including, but not limited to the making of assessments, promulgation of rules and execution of contracts on behalf of the Association. 5. To enforce the provisions of the Declaration of Condominium, these Articles of Incorporation, the By-Laws of the Association which may be hereafter adopted, and the rules and regulations governing the use of the Condominium as the same may be hereafter established. 6. To acquire title to property or otherwise hold, convey, lease, and mortgage association property for the use and benefit of its Members. 7. To exercise, undertake and accomplish all of the rights, duties and obligations which may be granted to or imposed upon the Association pursuant to the Declaration of 2 Condominium. 8. The Association shall operate, maintain and manage the surface water or stormwater management system(s) in a manner consistent with permit requirements and the applicable water management district rules, and shall assist in the enforcement of the Declaration of Condominium which relate to the surface water or stormwater management system. 9. The Association shall levy and collect adequate assessments against Members of the Association for the costs of maintenance and operation of the surface water or stormwater management system. ARTICLE IV MEMBERS The qualification of the Members, the manner of their admission to membership and termination of such membership, and voting by Members shall be as follows: A. The Owners of all Condominium Units in the Condominium shall be Members of the Association. B. Membership shall be established by the acquisition of fee title to a Unit in the Condominium or by acquisition of a fee ownership interest therein, whether by conveyance, devise, judicial decree or otherwise, and the membership of a party shall be automatically terminated upon his being divested of all title to or his entire fee ownership interest in all Units in the Condominium. C. The interest of a Member in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner, except as an appurtenance to his Condominium Unit. The funds and assets of the Association shall belong solely to the Association, subject to the limitation that the same be expended, held or used for the benefit of the membership and for the purposes authorized herein, in the Declaration of Condominium, and in the said By-Laws. D. On all matters on which the membership shall be entitled to vote and each Member shall have the Voting Interests set forth on Exhibit "D" to the Declaration and defined therein. The vote shall be exercised or cast by the Owner or Owners of each Unit in such manner as may be provided in the By-Laws hereafter adopted. Should any Member own more than one (1) Unit, such Member shall be entitled to exercise or cast as many votes as he owns Units, in the manner provided in said By-Laws. -Laws.Y E. Until such time as the property described in Article II hereof is submitted to a plan of condominium ownership by the recordation of said Declaration of Condominium, the membership of the Association shall be comprised of the subscribers of these Articles, each of which subscribers shall be entitled to cast one (1) vote on all matters on which that membership shall be entitled to vote. 3 ARTICLE V EXISTENCE AND DURATION Existence of the Association shall commence with the filing of these Articles of Incorporation with the Secretary of State, Tallahassee, Florida. The Association shall exist in perpetuity. ARTICLE VI LOCATION The principal office of the Association shall be located at 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, FL 33160, but the Association may maintain offices and transact business in such other places within or without the State of Florida as may from time to time be designated by the Board of Directors. ARTICLE VII BOARD OF DIRECTORS/OFFICERS The affairs of the Association shall be overseen by the Board of Directors. The members of the Board of Directors shall be elected as provided by the By-Laws of the Association. The Board of Directors shall be members of the current City Commission of the City of Sunny Isles Beach, Florida and need not be Members of the Association. The number of Board of Directors of the Association shall be at least three (3) but no more than five(5). The day to day affairs of the Association shall be managed by the Officers. The Officers do not need to be members of the Board of Directors. There shall be a President, a Secretary and a Treasurer and as many Vice Presidents, Assistant Secretaries and Assistant Treasurers as the Board of Directors shall determine. The Officers will be elected by the Board of Directors at its first meeting following the annual meeting of the Members of the Association and with the approval of the Board of Directors. The same person may hold two (2) offices, the duties of which are not incompatible. The Board of Directors may employ a manager, managing agent and/or such other managerial and supervisory personnel or entities to administer or assist in the administration of the operation and management of the Condominium, and the affairs of the Association, and any such person or entity may be so employed without regard to whether such person or entity is a Member of the Association or a Board of Director of the Association. . The members of the first Board of Directors shall be the then current members of the City Commission of the City of Sunny Isles Beach, Florida, and shall hold office so long as the Director is a member of the City Commission of the City of Sunny Isles Beach, Florida, or resigns or is removed. The Officers shall serve at the pleasure of the Board of Directors. The first Officers, who shall hold office until they resign or are removed are: President—the current City Manager of the City of Sunny Isles Beach, Florida Secretary—the current City Clerk of the City of Sunny Isles Beach, Florida Treasurer—the current Finance Director of the City of Sunny Isles Beach, Florida 4 ARTICLE VIII SUBSCRIBERS The subscribers to these Articles on Incorporation are as follows the current members of the City Commission of the City of Sunny Isles Beach, Florida as of May 27, 2016. ARTICLE IX BY-LAWS The original By-Laws of the Association shall be adopted by the Board of Directors and thereafter, such By-Laws may be altered or rescinded by the Board of Directors only in such manner as said By-Laws may provide. ARTICLE X INDEMNIFICATION Every Board of Director and every Officer of the Association shall be indemnified by the Association against all expenses and liabilities, including counsel fees, reasonably incurred by or imposed upon him in connection with any proceeding to which he may be a party, or in which he may become involved, by reason of his being or having been a Director or Officer of the Association, whether or not he is a Director or Officer at the time such expenses are incurred, except in such cases wherein the Director or Officer is adjudged guilty of willful misfeasance or malfeasance in the performance of his duties; provided, that in the event of any claim for reimbursement or indemnification hereunder based upon a settlement by the Director or Officer seeking such reimbursement or indemnification, the indemnification herein shall only apply if the Board of Directors approves such settlement and reimbursement as being in the best interests of the Association. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such Director or Officer may be entitled. The intent of this indemnification is to afford protection to the Directors and Officers of the Association to the maximum extent allowed by law. ARTICLE XI AMENDMENTS Any amendment or amendments to these Articles of Incorporation may be proposed by the Board of Directors of the Association or by the Members of the Association owning a majority of the Voting Interests in the Condominium, whether meeting as Members or by instrument in writing signed by them. Any amendment or amendments proposed must be approved by an affirmative vote of the Members owning a majority of the Voting Interests in the Condominium in order for such amendment or amendments to become effective. Thereupon, such amendment or amendments of these articles shall be transcribed and certified in such form as may be necessary to register the same in the office of the Secretary of State of Florida; and upon the registration of such amendment or amendments with said Secretary of State, a certified copy thereof shall be recorded in the Public Records of Miami-Dade County, Florida. At any meeting held to consider such amendment or amendments of these Articles, the written vote of any Member of the Association shall be recognized, if such Member is not in attendance at such meeting or represented there at by proxy, provided such written vote is delivered to the Secretary of the Association at or prior to such meeting. IN WITNESS WHEREOF, the subscribers have hereunto set their hands and seals this„4' day of April, 2016. CITY OF S LES BEACH, FLORIDA, a Florida munic.sal co •oration By: Name: George Scholl Title: Mayor 6 CERTIFICATE OF REGISTERED AGENT The following is submitted in compliance to Florida Statutes Section 48.091: GATEWAY PARK COMMERCIAL CONDOMINIUM ASSOCIATION, INC, a corporation not for profit, desiring to organize under the laws of the State of Florida, with its principal office, as indicated in the Articles of Incorporation, in the City of Sunny Isles Beach, County of Miami-Dade, State of Florida, has named Hans Ottinot, Esq., City Attorney, as its agent to accept service of process for the above-stated corporation, at the place designated in this certificate, and he hereby accepts to act in this capacity and agrees to comply with the provisions of said Act relative to keeping open said office. **Al S-23 /61 HANS OTTINOT, Q. 7 Exhibit "C" By-Laws 27 BY-LAWS OF GATEWAY PARK COMMERCIAL CONDOMINIUM ASSOCIATION, INC. Index 1. IDENTITY 2. MEMBERSHIP, VOTING, QUORUM, PROXIES 3. ANNUAL AND SPECIAL MEETINGS OF MEMBERSHIP 4. BOARD OF DIRECTORS AND OFFICERS 5. OFFICERS 6. FISCAL MANAGEMENT 7. PARLIAMENTARY RULES 8. AMENDMENTS TO BY-LAWS 9. OFFICIAL RECORDS 10. COMMINGLING 1 BY-LAWS OF GATEWAY PARK COMMERCIAL CONDOMINIUM ASSOCIATION, INC. 1. IDENTITY These are the By-Laws of the GATEWAY PARK COMMERCIAL CONDOMINIUM ASSOCIATION, INC., a corporation not for profit under the laws of the State of Florida, the Articles of Incorporation of which were filed in the office of the Secretary of State on the 6th day of June, 2016. The GATEWAY PARK COMMERCIAL CONDOMINIUM ASSOCIATION, INC., hereinafter called the Association, has been organized for the purpose of administering the operation and management of the commercial Condominium known as GATEWAY PARK CONDOMINIUM, a commercial Condominium project established or to be established in accordance with the Chapter 718, Florida Statutes, (the "Condominium Act") upon property situate, lying and being in Miami-Dade County, Florida, more particularly described in Exhibit "A" of the DECLARATION OF CONDOMINIUM FOR GATEWAY PARK CONDOMINIUM, a commercial Condominium (the "Declaration of Condominium') incorporated herein by reference and made a part hereof for legal description. A. The provisions of these By-Laws are applicable to the Condominium and the Association, and the terms and provisions hereof are expressly subject to the effect of the terms, provisions, conditions and authorizations contained in the Articles of Incorporation and which may be contained in the Declaration of Condominium, the terms and provisions of said Articles of Incorporation and Declaration of Condominium to be controlling wherever the same may be in conflict herewith. B. All present and future owners, tenants, future tenants, or their employees, or any other person that might use the Condominium or any of the facilities thereof in any manner, are subject to the regulations set forth in these By-Laws and in said Articles of Incorporation and the Declaration of Condominium. C. The mere acquisition or rental of any of the Condominium Units, defined in the Declaration of Condominium, hereinafter referred to as "Units", or the mere act of occupancy of any Units will signify that these By-Laws, Charter provisions, and regulations in the Declaration of Condominium are accepted, ratified and shall be complied with. D. The fiscal year of the Association shall be the calendar year. E. The seal of the Association shall bear the name of the Association, the word "Florida", the words "a corporation not for profit," and the year of the filing of the Articles of Incorporation. F. All capitalized terms not defined herein shall have the meanings set forth in the Declaration of Condominium. 2 2. MEMBERSHIP. VOTING, QUORUM. PROXIES A. The qualifications of Members, the manner of their admission to membership and termination of such membership, and voting by Members, shall be as set forth in Article IV of the Articles of Incorporation of the Association, the provisions of which Article IV of the Articles of Incorporation are incorporated herein by reference. B. A quorum of Member meetings shall consist of persons entitled to cast a majority of the Voting Interests of the entire Members. The joining of a Member in the action of a meeting by signing and concurring in the minutes thereof shall constitute the presence of such person for the purpose of a quorum. C. The Owners of a Unit owned by more than one (1) person or by a corporation, partnership or other entity shall be collectively entitled to the vote assigned to such Unit as set forth in the Declaration of Condominium and such Owners shall, in writing, designate an individual who shall be entitled to cast the vote on behalf of the Owners of such Unit of which he is a part until such authorization shall have been changed in writing and each vote shall have the weight of and be equivalent to each Owner's undivided percentage share of ownership. D. Except as specifically otherwise provided under Chapter 718 Florida Statutes, Owners may vote by general or limited proxy. Limited proxies and general proxies may be used to establish a quorum. Any proxy given shall be effective only for the specific meeting for which originally given and any lawfully adjourned meetings thereof. In no event shall any proxy be valid for a period longer than 90 days after the date of the first meeting for which it was given. Every proxy is revocable at any time at the pleasure of the Owner executing it. No Voting Interest or consent right allocated to a Unit owned by the Association shall be exercised or considered for any purpose, whether for a quorum, an election or otherwise. E. A Board of Director may submit in writing his or her agreement or disagreement with any action taken at a meeting that the Director did not attend, provided however, this agreement or disagreement may not be used as a vote for or against the action taken and may not be used for the purposes of creating a quorum. F. When any of the Board of Directors meet by telephone conference, those Directors attending by telephone conference may be counted toward obtaining a quorum and may vote by telephone. A telephone speaker must be used so that the conversation of those Directors attending by telephone may be heard by the Board of Directors attending in person as well as by any Owners present at a meeting. G. Approval or disapproval by an Owner upon any matters, whether or not the subject of an Association meeting, shall be by the same person who would cast the vote of such Owner if at an Association meeting. H. Except where otherwise required under the provisions of the Articles of Incorporation of the Association, these By-Laws, the Declaration of Condominium, or where the same may otherwise be required by law, the affirmative vote of the Owners of a majority of the Voting Interests represented at any duly called Member meeting at which a quorum is present shall be binding upon all the Members. 3 I. "Voting interest" means the voting rights distributed to the Members specifically set forth in Exhibit "D" of the Declaration of Condominium, the Articles of Incorporation of the Association and these By-Laws. 3. ANNUAL AND SPECIAL MEETINGS OF MEMBERSHIP A. The annual Member meeting shall be held in February on a date, time and place to be designated each year by the Board of Directors for the purpose of electing directors or transacting any other business authorized to be transacted by the Members; electing Directors and of transacting any other business authorized to be transacted by the Members; provided, however, that if that day is a legal holiday, the meeting shall be held at the same hour on the succeeding Tuesday or at such other time and place as the Board of Directors shall select. B. Special Member meetings shall be held whenever called by a majority of the Board of Directors, and must be called by Officers upon receipt of a written request from Members owning a majority of the Voting Interests. The notice of any special meeting shall state the time and place of such meeting and the purposes thereof. C. Notice of all Member meetings, regular or special, shall be given by any Officer of the Association. Written notice, which notice shall incorporate an identification of agenda items, shall be given to each Owner at least fourteen (14) days prior to the annual meeting and shall be posted in a conspicuous place on the Condominium Property at least fourteen (14) continuous days preceding the annual meeting. Upon notice to the Owners, the Board shall by duly adopted rule, designate a specific location on the Condominium Property upon which all notices of Owner meetings shall be posted. Unless an Owner waives in writing the right to receive notice of the annual meeting by mail, the notice of the annual meeting shall be sent by mail to each Owner. An Officer of the Association shall provide an affidavit, to be included in the official records of the Association, affirming that notices of the Association meeting were mailed or hand-delivered in accordance with this provision, to each Owner at the address last furnished to the Association. Owners may take action by written agreement, without meetings, on matters for which action by written agreement without meetings is expressly allowed as set forth below in these By-Laws or any Florida Statute which provides for the Owner action. Owners may waive notice of specific meetings as set forth below in these By-Laws, or any Florida Statute. D. If any Member meeting cannot be organized because the quorum has not attended, or because a greater percentage of the membership to constitute a quorum may be required as set forth in the Articles of Incorporation, these By-Laws or the Declaration of Condominium, the Members who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is present. Adequate notice of all meetings, including adjourned meetings, shall be posted conspicuously on the Condominium Property at least 48 continuous 'hours in advance except in an emergency. Owners may waive notice of specific meetings and may take action by written agreement without meetings provided there is strict compliance with the percentage of Voting Interest required to make decisions and to constitute a quorum as provided in the Declaration of Condominium, By-Laws and Articles of Incorporation of this Condominium. 4 E. At Member meetings, the Mayor of the City of Sunny Beach shall preside, or in his or her absence, the Vice Mayor shall be the presiding officer. F. The order of business at annual Member meetings and, as far as practical at any other Member meetings, shall be: (1) Collection of Election Ballots (2) Calling of the roll and certifying of proxies (3) Proof of notice of meeting or waiver of notice (4) Reading of minutes (5) Reports of Officers (6) Reports of committees (7) Appointment of Chairman of Inspectors of Election (8) Election of Directors (9) Unfinished business (10) New business (11) Adjournment 4. BOARD OF DIRECTORS AND OFFICERS A. The Board of Directors shall be members of the current City Commission of the City of Sunny Isles Beach, Florida and need not be Members of the Association. The Board of Directors shall initially consist of five (5) directors ("Director" or "Directors"). Thereafter, the number of Directors shall be at least three (3) but no more than five (5) if so elected upon by the Members. Each Director elected at the first annual meeting of the Members shall serve so long as the Director is a member of the City Commission of the City of Sunny Isles Beach, Florida, or resigns or is removed. A Director may be elected multiple times and for multiple years. B. The Officers of the Association shall be elected by the Board of Directors annually but need not be a member of the Board of Directors. There shall be at least three (3) Officers and the same person may hold two (2) offices, provided however, that the office of the President and Vice President shall not be held by the same person and the President may not serve as the Treasurer. The Officers shall serve at the pleasure of the Board of Directors. Any Officer may be removed, either with or without cause, and his successor elected at any regular meeting of the Board of Directors, or any special meeting of the Board of Directors called for such purpose. An Officer may hold office multiple times and for multiple years. C. Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the Directors. Notice of regular meetings shall be given to each Director, personally or by mail, telephone or electronic mail at least ten 5 (10) days prior to the day named for such meeting, unless notice is waived. These meetings shall be open to all Owners and notice of the meeting shall be posted conspicuously on the Condominium Property forty-eight (48) continuous hours in advance, except in an emergency. Notice of any meeting where assessments against Owners are to be considered for any reason, shall specifically contain a statement that assessments will be considered and the nature of any such assessments. D. Special meetings of the Board of Directors may be called by any member of the Board of Directors, and must be called by the Secretary at the written request of any Directors. Not less than three (3) days notice of a special meeting shall be given to each Director, personally or by mail, telephone or electronic mail, which notice shall state the time, place and purpose of the meeting. E. Any Director may waive notice of a meeting before or after the meeting, and such waiver shall be deemed equivalent to the giving of notice. Attendance by a Director at any meeting of the Board of Directors shall be a waiver of notice by him of the time and place thereof If all Directors are present at any meeting of the Board of Directors, no notice shall be required and any business may be transacted at such meeting. F. A Director of the Association who is .present at a meeting of its Board at which action is taken on any corporate matter shall be presumed to have assented to the action taken, unless he votes against such action or abstains from voting in respect thereto because of an asserted conflict of interest. A vote or abstention for each Member present shall be recorded in the minutes. G. Meetings of the Board of Directors shall be open to all Owners. Any Owner may tape record or videotape meetings of the Board of Directors. The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items. The Association may adopt written reasonable rules governing the frequency, duration, and manner of Owner statements. Adequate notice of all meetings, which notice shall specifically incorporate an identification of agenda items, shall be posted conspicuously on the Condominium Property at least 48 continuous hours preceding the meeting except in an emergency. Such emergency action shall be noticed and ratified at the next regular meeting of the Board. However, written notice of any meeting at which nonemergency special assessments, or at which amendment to rules regarding Unit use, will be considered shall be mailed, delivered, or electronically transmitted to the Owners and posted conspicuously on the Condominium Property not less than fourteen (14) days prior to the meeting. Evidence of compliance with this fourteen (14) day notice shall be made by an affidavit executed by the person providing the notice and filed among the official records of the Association. Upon notice to the Owners, the Board of Directors shall by duly adopted rule designate a specific location on the Condominium Property or Association property upon which all notices of Board meetings shall be posted. If there is no Condominium Property or Association property upon which notices can be posted, notices of Board meetings shall be mailed, delivered, or electronically transmitted at least fourteen (14) days before the meeting to the Owners. Notice of any meeting in which regular or special assessments against Owners are to be considered for any reason shall specifically state that assessments will be considered and the nature, estimated cost, and description of the purposes for such assessments. Notwithstanding any other law, the requirement that Board of Director meetings shall be open to the Owners is 6 inapplicable to meetings between the Board of Directors and the Association's attorney, with respect to proposed or pending litigation, when the meeting is held for the purpose of seeking or rendering legal advice. H. The presiding Officer of the Board of Directors' meetings shall be the then presiding officer of the City Commission of the City of Sunny Isles Beach, Florida. I. The Directors shall serve without compensation. Compensation for employees of the Association shall be fixed by the Directors. This provision shall not preclude the Board from employing a Director or Officer as an employee of the Association or as an employee of the City of Sunny Isles Beach, Florida, nor preclude the contracting with a Director or Officer for the management of the Condominium. J. The operation of the Condominium shall be by the Association. The Board of Directors shall exercise those powers and duties permitted by the common law and statutes, the Articles of Incorporation, these By-Laws and the Declaration of Condominium. Such powers and duties shall be exercised in accordance with the Articles of Incorporation, these By-Laws and the Declaration of Condominium, and shall include, without limiting the generality of the foregoing, the following: (1) To make, levy and collect assessments against Members and Members' Units to defray the costs of the Condominium, and to use the proceeds of said assessments in the exercise of the powers and duties granted unto the Association. Assessments shall be made against Units annually. (2) The maintenance, repair, replacement, operation and management of the Condominium wherever the same is required to be done and accomplished by the Association for the benefit of its Members. (3) The reconstruction of improvements after casualty, and further improvement of the property, real and personal. (4) To make and amend regulations governing the use of the property, real and personal, and the Common Elements of the Condominium, so long as such regulations or amendments thereto do not conflict with the restrictions and limitations which may be placed upon the use of such property under the terms of the Declaration of Condominium. (5) To acquire, operate, lease, manage and otherwise trade and deal with property, real and personal, including Units in the Condominium, as may be necessary or convenient in the operation and management of the Condominium, and in accomplishing the purposes set forth in the Declaration of Condominium. (6) To contract for the maintenance and management of the Condominium and to authorize the management agent to assist the Association in carrying out its powers and duties by performing such functions as the collection of assessments, preparation of the records, enforcement of rules, and maintenance of the Common Elements. The Association shall, however, retain at all times the powers and duties granted them by the Condominium, including, but not limited to, the making of 7 assessments, promulgation of rules, and execution of contracts on behalf of the Association. (7) To enforce by legal means the provisions of the Articles of Incorporation and By-Laws of the Association, the Declaration of Condominium and any regulations hereinafter promulgated governing use of the property in the Condominium. (8) To pay all assessments and taxes which are liens against any part of the Condominium other than Units and the appurtenances thereto, and to assess the same against the Members and their respective Units subject to such liens. (9) To carry insurance for the protection of the Members and the Association against casualty and liability. (a) The Association shall use its best efforts to obtain and maintain adequate insurance to protect the Association property, the Common Elements, and the Condominium Property required to be insured by the Association pursuant to paragraph (b). The Association shall use its best efforts to obtain and maintain liability insurance. for Directors and Officers at a reasonable cost, insurance for the benefit of Association employees, and flood insurance for common elements, Association property, and Units. An association or group of associations may self-insure against claims against the Association, the Association property, and the Condominium Property required to be insured by an association, upon compliance with Florida Statute Sections 624.460-624.488. A copy of each policy of insurance in effect shall be made available for inspection by Owners at reasonable times. (b) All hazard policies issued to protect Condominium buildings shall provide that the word "building" wherever used in the policy shall include, but shall not necessarily be limited to, fixtures, installation or additions comprising that part of the building within the unfinished interior surfaces of the perimeter walls, floors and ceiling of the individual Units initially installed or replacements thereof, or like kind or quality in accordance with the original plans and specifications or as existed at the time the Unit was initially conveyed if the original plans and specifications are not available. However, the word "building" shall not include Unit floor coverings, wall coverings or ceiling coverings, and does not include the following equipment if it is located within a Unit and the Owner is required to repair or replace such equipment; electrical fixtures, appliances, air conditioner or heating equipment, water heaters, or built-in cabinets. With respect to the coverage provided for by this paragraph, the Owners shall be considered additional insureds under the policy. (10) To pay all costs of power, water, sewer and other utility services rendered to the Condominium and not billed to the Owners of the separate Units. (11) To employ personnel to perform the services required for proper administration of the Association. 8 (12) To approve leases, subleases or other transfers of a Unit other than sales or mortgage of a Unit and to charge a fee for such approval. (13) To levy fines against the Owners, occupants, licensee or invitees, in accordance with the Condominium Act, for failure to abide by any provision of the Declaration of Condominium, these By-Laws or rules of the Association. The Board of Directors may authorize, through resolution, that any or all of the above referenced powers may be exercised by any one or all of the Officers, as specifically set forth in the resolution. K. Election of Directors shall be conducted in the following manner: (1) The Board of Directors shall be members of the current City Commission and shall hold office so long as the Director is a member of the City Commission. (2) Vacancies in the Board of Directors may be filled pursuant to the City Charter. 5. OFFICERS A. The principal Officers of the Association shall be a President, a Secretary and a Treasurer, and as many Vice Presidents, Assistant Secretaries and Assistant Treasurers as the Board of Directors may deem necessary. B. The President shall be the Chief Officer of the Association. He shall preside at all meetings of the Association. He shall have all of the general powers and duties which are usually vested in the office of president of an association and as provided, through resolution, by the Board of Directors. C. The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Board of Directors shall appoint someone on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed upon by the Board of Directors. D. The Secretary shall keep the minutes of all proceedings of the Directors and the Members. He shall attend to the giving and service of all notices of the Members and Directors, and such other notices required by law. He shall have custody of the seal of the Association and affix the same to instruments requiring a seal when duly signed. He shall keep records of the Association, its administration and salaries. E. The Treasurer shall have custody of all property of the Association, including funds, securities, and evidence of indebtedness. He shall keep the books of the Association in accordance with good accounting practices. F. The Officers shall serve without compensation, provided however, this restriction shall not prohibit the compensation of any Officer for any duties performed hereunder, and in the regular course of business as an employee of the City of Sunny Isles Beach, Florida. 9 6. FISCAL MANAGEMENT The provisions for fiscal management of the Association set forth in the Declaration of Condominium and Articles of Incorporation shall be supplemented by the following provisions: A. The Association shall maintain accounting records for each Condominium it manages in the county where the Condominium is located, according to good accounting practices. The records shall be open for inspection by Owners or their authorized representatives at reasonable times and written summaries of them shall be supplied at least annually to Owners or their authorized representatives. The records shall include, but are not limited to: (1) A record of all receipts and expenditures. (2) An account for each Unit designating the name and current address of the Owner, the amount of each assessment, the date on which the assessments come due, the amount paid upon the account and the balance due. B. The Board of Directors shall adopt a budget for each fiscal year which shall contain estimates of the cost of performing the functions of the Association, including but not limited to the common expense budget, which shall include, without limiting the generality of the foregoing, the estimated amounts necessary for maintenance, and operation of common elements and limited common elements, landscaping, street and walkways, office expense, utility services, replacement and operating reserve, casualty insurance, liability insurance, administration and salaries. The Board of Directors shall also establish the proposed assessment against each member as more fully provided in the Declaration of Condominium. Delivery of a copy of any budget to each Member shall not affect the liability of any Member for any such assessment, nor shall delivery of a copy of such budget or amended budget be considered as a condition precedent to the effectiveness of said budget originally adopted if it shall appear to be insufficient to pay costs and expenses of operation and management, or in the event of emergencies. The proposed annual budget of common expenses shall be detailed and shall show the amounts budgeted by accounts and expense classifications, including, if applicable, but not limited to, those expenses listed in Section 718.112(2)(f), Florida Statutes. In addition to annual operating expenses, the budget shall include reserve accounts for capital expenditures and deferred maintenance. These accounts shall include, but are not limited to, roof replacement, building painting, and pavement resurfacing, regardless of the amount of deferred maintenance expense or replacement costs, and for any other item for which the deferred maintenance expense or replacement costs exceeds $10,000. The amount to be reserved shall be computed by means of a formula which is based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense of each reserve item. The Association may adjust replacement reserve assessments annually to take into account any changes in estimates or extension of the useful life of a reserve item caused by deferred maintenance. This subsection does not apply to budgets in which the Members have, by a majority vote at a duly called meeting of the Association, determined for a fiscal year to provide no reserves or reserves less adequate than required by this subsection. If a meeting of the Owners has been called to determine to provide no reserves or reserves less adequate than required, and such result is not attained or a quorum is not attained, the reserves as included in the budget shall go into effect. 10 Reserve funds and any interest accruing thereon shall remain in the reserve account or accounts and shall be used only for authorized reserve expenditures, unless their use for other purposes is approved in advance by a majority vote at a duly called meeting of the Association. If the Board adopts in any fiscal year an annual budget which requires assessments against Owners which exceed 115 percent of assessments for the preceding fiscal year, the Board shall conduct a special meeting of the Owners to consider a substitute budget if the Board receives, within twenty-one (21) days after adoption of the annual budget, a written request for a special meeting from at least 10 percent of all Voting Interest. The special meeting shall be conducted within 60 days after adoption of the annual budget. At least 14 days prior to such special meeting, the Board shall hand deliver to each Owner, or mail to each Owner at the address last furnished to the Association, a notice of the meeting. An Officer or manager of the Association, or other person providing notice of such meeting shall execute an affidavit evidencing compliance with this notice requirement and such affidavit shall be filed among the official records of the Association. Owners may consider and adopt a substitute budget at the special meeting. A substitute budget is adopted if approved by a majority of all Voting Interests. If there is not a quorum at the special meeting or a substitute budget is not adopted, the annual budget previously adopted by the Board shall take effect as scheduled. Any determination of whether assessments exceed 115 percent of assessments for the prior fiscal year shall exclude any authorized provision for reasonable reserves for repair or replacement of the Condominium Property, anticipated expenses of the Association which the Board does not expect to be incurred on a regular or annual basis, or assessments for betterments to the Condominium Property. C. Within 90 days after the end of the fiscal year, or annually on a date on or before May 1, the Board of Directors shall prepare and complete, or cause to be prepared and completed by a third party, a financial report for the preceding fiscal year. On or before May 1 each year after the financial report is completed or received by the Board of Directors from the third party, the Board of Directors shall mail to each Owner at the address last furnished to the association by the Owner, or hand deliver to each Owner, a copy of the financial report. Financial reports shall be prepared as required, or the reporting requirements may be waived as provided under Section 718.111, Florida Statutes, as amended from time to time. 7. PARLIAMENTARY RULES Rules of Order adopted by the City Commission shall govern the conduct of the corporate meetings when not in conflict with the Articles of Incorporation and these By-Laws or with the Statutes of the State of Florida. 8. AMENDMENTS TO BY-LAWS Amendments to these By-Laws shall be proposed and adopted in the following manner: A. Amendments to these By-Laws may be proposed by the Board of Directors of the Association acting upon vote of a majority of the Directors, or by a majority of the Voting Interests of the Association, whether meeting as Members or by instrument in writing signed by them. 11 B. In order for such amendment or amendments to become effective, the same must be approved by an affirmative vote of a majority of the entire membership of the Board of Directors and by an affirmative vote of the Members owning a majority of the Voting Interests in the Condominium. No By-Law shall be revised or amended by reference to its title or number only. Proposals to amend existing By-Laws shall contain the full text of the By-Laws to be amended; new words shall be inserted in the text and underlined, and words to be deleted shall be lined through with hyphens. However, if the proposed change is so extensive that this procedure would hinder rather than assist the understanding of the proposed amendment, it is not necessary to use underlining and hyphens as indicators of words added or deleted, but instead a notation must be inserted immediately preceding the proposed amendment in substantially the following language: 9. OFFICIAL RECORDS OF THE ASSOCIATION. Records of the Association shall be maintained as follows: A. From the inception of the Association, the Association shall maintain each of the following items, when applicable, which shall constitute the official records of the Association: (1) A copy of the plans, permits, warranties, and other items provided by the Developer pursuant to Section 718.301(4), Florida Statutes. (2) A photocopy of the recorded Declaration of Condominium of each Condominium operated by the Association and of each amendment to each declaration. (3) A photocopy of the By-Laws of the Association and of each amendment to the By-Laws. (4) A certified copy of the Articles of Incorporation of the Association, or other documents creating the Association, and of each amendment thereto. (5) A copy of the current rules of the Association. (6) A book or books which contain the minutes of all meetings of the Association, of the Board of Directors, and of Owners, which minutes shall be retained for a period of not less than 7 years. (7) A current roster of all Owners and their mailing addresses, Unit identifications, voting certifications, and, if know, telephone numbers. (8) All current insurance policies of the Association and Condominiums operated by the Association. (9) A current copy of any management agreement, lease, or other contract to which the Association is a party or under which the Association or the Owners have an obligation or responsibility. (10) Bills of sale or transfer for all property owned by the Association. (11) Accounting records for the Association according to good accounting 12 practices. All accounting records shall be maintained for a period of not less than 7 years. (12) If applicable, ballots, sign-in-sheets, voting proxies, and all other papers relating to elections, which shall be maintained for a period of 1 year from the date of the meeting to which the document relates. (13) All rental records, when the Association is acting as agent for the rental of Units. (14) All other records of the Association not specifically included in the foregoing which are related to the operation of the Association. B. The official records of the Association shall be maintained within the State of Florida. The records of the Association shall be made available to any Owner within 5 working days after receipt of written request by the Board or its Designee. C. The official records of the Association are open to inspection by any Member or the authorized representative of such Member at all reasonable times. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the Member. The Association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying. Notwithstanding anything to the contrary contained herein, the obligation to provide the official records and the rights to review shall be governed by the Condominium Act as may be amended from time to time. 10. COMMINGLING. All funds collected by an Association shall be maintained separately in the Association's name. For investment purposes only, reserve funds may be commingled with operating funds of the Association. Commingled operating and reserve funds shall be accounted for separately and a commingled account shall not, at any time, be less than the amount identified as reserve funds. A manager or business entity required to be licensed or registered under Section.468.432, Florida Statutes, or an agent, employee, Officer, or Director of an Association, shall not commingle any Association funds with his or her funds or with the funds of any other Condominium Association or the funds of a community Association as defined in Section.468.431, Florida Statutes. THE UNDERSIGNED, being the presiding member of the Board of Directors of GATEWAY PARK COMMERCIAL CONODMINIUM ASSOCIATION, INC., a corporation not for profit under the laws of the State of Florida, does hereby certify that the foregoing By- Law were adopted as the By-Laws of said Association at a meeting he . o such purpose on the day of ' , 2016. VI OW, George H/Scholl Mayor,/ty of Sunny Isles Beach 13 Exhibit "D" Voting Interests There shall be a total of 100 votes for the entire Condominium Association Members, as further set forth below: Unit 1 1 Vote Unit 2 1 Vote Unit 3 98 Votes Total 100 Votes 28 Exhibit "1" Plot Plan 29 GATEWAY PARK CONDOMINIUM, A COMMERCIAL CONDOMINIUM EXHIBIT "1" SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA • Z —u-----) NORT 1/4 COR ER 1:-:I L 7 I 6 SEC.14- 4- W CORNER i __—_ -• ,,_________,___ •_SEC.14-52-42 �O _ _I__ ________ __________ _________70 NE 163rd STREET (WEST BOUND) a� II' / lri NE i i 163rd REET BOUND) SUNNY ISLES BOULEVARD ir„ r I do cp O o w o o SUBJECT 0 , ) 0C) 0 i SIT J Z co c7 ( I � viric o Q d 46 o O ATtpN71C I a ` I i N,C). 1111111 LOCATION MAP NOT TO SCALE SURVEYOR'S REPORT: DATE OF FIELD SURVEY: The date of completion of original field Survey was on February 26,2015. The date of completion of CAD was on March 16,2015. Revision 1:This Map of Survey was revised on October 12,2015 to address FDOT comments. Revision 2:This Map of Survey was field updated on January 11,2016. • LEGAL DESCRIPTION OF PARCEL"B": Lots 6A,6,7,8 and the West 20 feet of Lot 5,and less that portion of Right of Way per Florida Department of Transportation Right of Way Map for State Road 826,Section 87170-2517,Sheet 3 of 8 and last dated on February 16, 1988,of SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION,according to the plat thereof,as recorded in Plat Book 50,Page 76,of the Public Records of Miami-Dade County,Florida. Containing 84,000 Square Feet or 1.93 Acres(Net Area,more or less by calculations. (Exhibit"A"of Waiver of Plat record document,recorded on February 26,2016,in Official Records Book 29977,at Page 1596,of the Public Records of Miami-Dade County,Florida). Property Addresses and Property tax folios: 215 Sunny Isles Boulevard,Sunny Isles Beach,Florida 33160 Folio No.31-2214-007-0040 Folio No.31-2214-007-0050 287 Sunny Isles Boulevard,Sunny Isles Beach,Florida 33160 Folio No.31-2214-007-0060 BOUNDARY SURVEY - SURVEYOR'S REPORT NOTICE:This document is not valid,full and complete without all pages. LONGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE:(305)463-0912 • FAX:(305)513-5680 * WWW.LONGITUDESURVEYORS.COM L:\15231 151-287 sunny tries Blw-Ga tevoy Pork\dog\Condominium Exhibits\15231 Condo 04-12-16.d.g 5/27/2016 1506.52 AM EDT JOB No.:15231 PAGE 2 OF 13 GATEWAY PARK CONDOMINIUM, A COMMERCIAL CONDOMINIUM EXHIBIT "1" ACCURACY: The accuracy obtained by field measurement methods and office calculations of closed geometric figures meets and exceeds the Minimum Technical Standards requirement for Commercial High Risk Area (Linear: 1 foot in 10,000 feet)as defined in Rule 5J-17.051 of the Florida Administrative Code. Elevations of well identified features as depicted on the Survey Map were measured to an estimated vertical position accuracy of 1/100 of a foot on hard surfaces and 1/10 of a foot on ground surfaces. Well identified features as depicted on the Survey Map were measured to an estimated horizontal position accuracy of 1/10 of a foot. This Map of Survey is intended to be displayed at a scale of One inch equals Thirty feet or smaller. PERTINENT INFORMATION USED IN THE PREPARATION OF THE MAP OF SURVEY: North arrow direction is based on an assumed Meridian. Bearings shown hereon are based upon the centerline of NE 163rd Street (Sunny Isles Boulevard East Bound)with an assumed bearing of N87°42'25"E,said line to be considered a well established and monumented line. This property appears to be located in Flood Zone"AE"with the Base Flood Elevation being 7.0 Feet,as per Federal Emergency Management Agency(FEMA) Community-Panel Number 120688(City of Sunny Isles Beach),Map No.0161,Suffix L,Map Revised Date:September 11,2009. The subject property falls within Miami-Dade County Flood Criteria 5.0 feet,more or less,as depicted on"AMENDED PLAT OF CRITERIA MAP", recorded in Plat Book 120,Page 13,Public Records of Miami-Dade County,Florida. Elevations shown hereon are based on the National Geodetic Vertical Datum of 1929,and a Benchmark supplied by the Public Works and Waste Management Department of Miami-Dade County,Florida. Benchmark:C-112 Elevation:+6.71 Feet(N.G.V.D.29 Datum) Description:Brass disc in concrete walkway located at the NE 163rd Street and A-1-A Highway,Miami-Dade County,Florida. Legal Description was furnished by client. Assigmnment of 99 Year Lease,recorded on November 12, 1992,in Official Records Book 15710,at Page 1843 of the Public Records of Miami-Dade County,Florida. Special Warranty Deed,recorded on May 16,2008,in Official Records Book 26383,at Page 721 of the Public Records of Miami-Dade County, Florida. Warranty Deed,recorded on August 6,2009,in Official Records Book 26968,at Page 2607 of the Public Records of Miami-Dade County, Florida. Warranty Deed,recorded on March 14,2008,in Official Records Book 26269,at Page 448 of the Public Records of Miami-Dade County, Florida. Florida Department of Transportation Right of Way Map,Section 87170-2517,Sheet 3 of 8,last dated on Febrruary 16, 1988. Florida Department of Transportation Right of Way Map for State Road A-1-A,Section 87060,Sheet 30 of 39,last dated on March,2004. Plat of"SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION",recorded in Plat Book 50,at Page 76,Miami-Dade County Records. Plat of"PLAZA OF THE AMERICAS SECTION ONE",recorded in Plat Book 106,at Page 66,Miami-Dade County Records. Waiver of Plat recording data,recorded February 26,2016 in Official Records Book 29977,at Page 1596,Miami Dade County Records. BOUNDARY SURVEY - SURVEYOR'S REPORT NOTICE:This document is not valid,full and complete without all pages. LONGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 * PHONE:(305)463-0912 • FAX:(305)513-5680 • WWW.LONGITUDESURVEYORS.COM L\15231 151-287 Sunny Isles 8Iw-Gateway Park\d.g\Condominium Exhibits\15231 Condo 06-12-16.d*g 5/27/2016 10:06:52 AM EDT JOB No.:15231 PAGE 3 OF 13 GATEWAY PARK CONDOMINIUM, A COMMERCIAL CONDOMINIUM EXHIBIT "1" RESTRICTIONS: • Since no other information were furnished other than that is cited on this Report,the Client is hereby advised that there may be legal restrictions on the Subject Property that are not shown on the Survey Map that may be found in the Public Records of Miami-Dade County. The Surveyor makes no representation as to ownership or possession of the Subject Property by any entity or individual that may appear on the Public Records of this County. No excavation or determination was made as to how the Subject Property is served by utilities. No improvements were located,other than those shown.No underground foundations,improvements and/or utilities were located or shown hereon. CLIENT INFORMATION: This Boundary Survey and Waiver of Plat was prepared at the insistence of and certified to: CITY OF SUNNY ISLES BEACH SURVEYOR'S CERTIFICATE: I hereby certify:That this"Boundary and Topographic Survey"and the Survey Map resulting therefrom was performed under my direction and is true and correct to the best of my knowledge and belief and further,that said"Boundary and Topographic Survey"meets the intent of the applicable provisions of the"Minimum Technical Standards for Land Surveying in the State of Florida",pursuant to Rule 5J-17.051 through 5J-17.052 of the Florida Administrative Code and its implementing law,Chapter 472.027 of the Florida Statutes. LONGITUDE SURVEYORS,a Florida Limited Liability Company - Florida Certificate of Authorization Number_LB7335 9q a By: • —p-' ►-+� .. Jose enas;PSM - ;SignatureeDate:'__ , Regi ered SCirveyor and,M er LS5938•e of Florida CPI NOTICE Not■valldwitbout the signatureand original-raised seal of a Florida Licensed Surveyor and Mapper.Additions or deletions to Survey Maps,byy otherrl as tiesigni +paLf are prohibited without the written consent of the signing party . :—, -r _ . -_, LEGEND LEGEND=` LEGEND • CONC. =CONCRETE -0- =CONCRETE POWER POLE ® =COLUMN =OVERHEAD WIRE ® =FPL MANHOLE &TA =PAVERS R =RECORDED VALUE - 0 =ORNAMENTAL RANT © =GAS VALVE M =MEASURED VALUE- =WATER VALVE C.L.F. =CHAIN LINK FENCE =TILE ® =BOLLARD • ® =CATCH BASIN © =WATER METER M.F. =METAL FENCE lCe.�,em, (C) =CALCULATED =SIGN =ORNAMENTAL LIGHT rag STAMPED CONCRETE C.B.S. =CONCRETE BLOCK STUCCO =FIRE HYDRANT W.F. =WOOD FENCE =CENTERLINE =PALM TREE Q- =ORNAMENTAL LIGHT POLE =ASPHALT ® =TEMPORARY SITE BENCHMARK =MAILBOX P.B. =PLAT BOOK O =TREE "-- =FIGHT POLE =HEDGE OR LANDSCAPED AREA A =ARC LENGTH - =CHAIN LINK FENCE R PG. =PAGE R C =FLAG POLE =CLEAN OUT 0—d =SIGNAL MAST ARM =RADIUS --mxm =STREET LIGHT SIGNAL L =LENGTH,ARC LENGHT M.F. =METAL FENCE =SANITARY SEWER MANHOLE =WOOD POWER POLE =WOOD FENCE ID =IDENTIFICATION ® =BRICK A =CENTRAL ANGLE —O — =METAL FENCE LP =LIGHT POLE r STORM DRAINAGE MANHOLE _ —3 =GUY ANCHOR Ti =MONUMENT LINE ® =CONCRETE ,1'Z =ORNAMENTAL LIGHT POLE =UNKNOWN MANHOLE I'=-`- BOUNDARY SURVEY - SURVEYOR'S REPORT NOTICE:This document is not valid,full and complete without all pages. L$NGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE:(305)463-0912 • FAX:(305)513-5680 • WWW.LONGITUDESURVEYORS.COM L\15231 151-287 Sunny Isles Blvd-Gateway Pork\dreg\Condominium E.hihits\15231 Condo 04-12-,6.dreg 5/27/2016 10:06:52 AM EDT JOB No.:15231 PAGE 4 OF 13 GATEWAY PARK CONDOMINIUM, A COMMERCIAL CONDOMINIUM EXHIBIT "1" GENERAL NOTES: I. This document does not represent a field boundary survey of the described property, or any part or parcel thereof. 2. Dimensions as shown hereon are in feet and decimals thereof and are subject to normal construction tolerances. • 3. Elevations depicted on exhibits refer to National Geodetic Vertical Datum of 1 929 and are expressed in feet. 4. C.E. = Denotes Common Element L.C.E. = Denotes Limited Common Element 5. Electronic cad files were based from Architectural plans prepared by: Axioms 3, Inc., located at 74 15 SW 45th Street, Miami, Florida 33 155. SURVEYOR'S CERTIFICATION: I hereby certify: a)That the attached sketches marked as Exhibit "I", together with the provisions of the Declaration of Condominium of"GATEWAY PARK CONDOMINIUM"describing the Condominium property, are an accurate representation of the location and dimensions of the units and common elements so that the identification, location and dimensions of the common elements and each unit can be determine from these materials. b)That the construction of the improvements of Building Unit I and Building Unit 2,.as described on the Boundary Survey, Plot Plan and Graphic description is not substantially completed. LONGITUDE SURVEYORS, LLC., a Florida limited liability company Florida Certificate of Authorization Number LB7335 • B �s ZT /a y� Jos: Senas,'PSM Signature sate: --'istered Surveyor and Mapper L55935 %tate of Florida • NOTICE:This document is not valid,full and complete without all pages. LONGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 ' PHONE:(305)463-0912 ' FAX:(305)513-5680 ' WWW.LONGITUDESURVEYORS.COM L\15231 151-287 Sunny Isles Blvd—Gateway Park\deg\Condominium Exhibits\15231 Condo 04-12-16.d.g 5/27/2016 10:17:09 AM EDT JOB No.:15231 PAGE 1 OF 13 GATEWAY PARK CONDOMINIUM, A COMMERCIAL CONDOMINIUM II 11 I I — — — —— — —EXHIBIT S 1 I i I VIII"'''iWlj�l ' I \ STORY,G \BUILD \ \\\. !;,4?-£ I I) Il I u, rF s,s,s,-0[.<corc-"..V K _,�§T\ i i ''6 g" �Z I I Illli�lllll.A111111111 10 'vim 1\ 0 O N I __-. I / L"\ Ck:. -:-� LOTS - ,„.. . 0 30 I 63 — r a '� - ®c SECONDcRE:VISED PLAT OF® I z r t .1 i I "e BELLA VISTA SUBDIVISION o L a .=YN t•r :1 sZ n o P(P PG 76) I ,, I (RE L'50, r r, t`i I :e..;.' LT & Oso '. SCALE„„ o g �tit g p .,.w.,G - _it ..,.:::,4.4;_- j ,t. 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MAP OF BOUNDARY` SURVEY 1L $NGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE:(305)463-0912 • FAX:(305)513-5680 • WWW.LJONGITUDESURVEYORS.COM l:\15231 151-287 Sunny Isles Blvd-Gateway Park\dog\Condominium Exhibits\15231 Condo 04-12-16.d.g 5/27/2016 1517:09 AM EDT JOB No.:15231 PAGE 5 OF 13 ' f GATEWAY PARK CONDOMINIUM, A COMMERCIAL CONDOMINIUM EXHIBIT "1" WEST BOUNDARY UNE OF PARCEL B'(O.R.B.29977.PG. 1 596) I4l 1jAn1I11j1i LAND UNIT No.3 'aIII1IIlLd1011101111 =____ � =�=_ �.�� 0 25 50 a TI ii =_ \ 1) i a Cat __ — IIII • Q V> i`. I`` ‘ia z r'o� L 03 z c CD �I Z i6� 1�. . 9 -- . 3 1 Wgop- I N c \' o zc _ 2 \\\\\�� I O,\—I 1— ©\ c z D w �° Q��km_.:-0 .z\Z==- ■ -1 A Z -I a I, �o\ `A' v o� m m o II III 'C I VALET O \I w O N F fil 1 I \ I ci N _a xi _i ODrn 8 11 _ elam\ \ o\ > c 0 -I _F.„ oc, /1 / / 1,.. ,Fri, o Z II / / \ ( o ITi Q O !/) n Z ,/,;': ZC 1/4/ iii^--\ Ill o 1 / II \ le La. . D rn ooZ Zv1 � —I I— I I I Z� r. Ar g a [' � I NW�!`�' = STORAGE b� C co N :1! z ,,. 7 /11// :� .. III I ; J o� 0 03 N . u1 v Z C ,5 ��II�- 3 _ "am*, e — z 8� m m riTi< i vial 11 g 1 1 I' z r Dw �� II MMPA Y Y ;o Nu. w co co �m � 6II ' j r �iLa I1I v NCI \ -- --- -_? I° 77 " Rr •NOTE: 1z.,\ --�;_ _= __ ®� III' W III I 111 BUILDING UNIT AND LAND UNIT ARE ammusam w _ wirwmam NOT CONTIGUOUS TO EACH OTHER BECAUSE OF THE BUILDING WALLS, 0 ❑ ❑ ❑ ❑ WHICH ARE COMMON ELEMENTS D UNIT No.3 BUILDING EXTERIOR WALLS ARE 0 ❑ ❑ ❑ COMMON ELEMENTS — I II EAST BOUNDARY UNE OF PARCEL B'(O.RB.29977.PG. 1596) KEY MAP - GROUND FLOOR PLAN NOTICE:This document is not valid,full and complete without all pages. L$NGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE:(305)463-0912 • FAX:(305)513-5680 • WWW.LONGITUDESURVEYORS.COM L:\15231 151-287 Sunny Isles Blvd—Gateway Park\d•g\Condominium ENibits\15231 Condo 04-12-16.d+g 5/27/2016 10.06:52 AM EDT JOB No.:15231 PAGE 6 OF 13 GATEWAY PARK CONDOMINIUM, A COMMERCIAL CONDOMINIUM EXHIBIT "1" 0 NOTE: BUILDING UNIT AND LAND UNIT ARE NOT CONTIGUOUS TO EACH OTHER BECAUSE OF THE BUILDING WALLS, WHICH ARE COMMON ELEMENTS 0 10 20 BUILDING EXTERIOR WALLS ARE COMMON ELEMENTS SCALE 1" = 20' I VTNI I I H I I I 'I V^N 0 I I I I 88 9, I I AI 1 111 1 13.4' J . , ° 1 I 0 0 1y1 0 �o o MI 1 II s I I I ID a b � I tri II II II II I. BUILDING UNIT No. 1 19.6' 82.7' �- II 1 j 18.9' 1 IVQ 4., O cd Fn cvi �EJ � TF LAND UNIT No. x EXTERIOR COVERED TERRACE 1 ..�,....-- -t- — ..w. ......,.�.......,.................... 1 1 02.3' UNIT AREA BREAKDOWN BUILDING UNIT I 7,539 SQUARE FEET LAND UNIT I I,457 SQUARE FEET UNIT No. 1 NOTICE:This document is not valid,full and complete without all pages. L$NGITUDE S U R V E Y O R S 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE:(305)463-0912 " FAX:(305)513-5680 * WWW.LONGITUDESURVEYORS.COM L:\15231 151-287 Sunny Isles Blvd—Gateway Pork\dwg\Condominium Exhibits\15231 Condo 04-12-16.dwg 5/27/2016 10:06:52 AM EDT JOB No.:15231 PAGE 7 OF 13 GATEWAY PARK CONDOMINIUM, A COMMERCIAL CONDOMINIUM EXHIBIT "1" 0 NOTE: BUILDING UNIT AND LAND UNIT ARE NOT CONTIGUOUS TO EACH OTHER BECAUSE OF THE • BUILDING WALLS, WHICH ARE COMMON ELEMENTS 0 10 20 BUILDING EXTERIOR WALLS ARE COMMON ELEMENTS SCALE 1" = 20' / t N I I I I I I ■,^ I I \I i 7 1 1 fI I 11.4' 11 1 q I 88.9' 0.7-- 710.8 0^0 I I 0 X--;1' 1 0' 0 A ''):) :_� w 1 f b iri re 11 � III. CI' v 1 II o —- - H 1-1 - - �j � BUILDING 19.6' 1 UNIT No. 2 F Li I I I 1 o� • 82.8' 'x`8i -�—� o.a g 1 .9' 1� °i1 m 4 i« J i i „ '7 1}Q ' j 4 ! cn C.E.✓a °° LAND UNIT No. 2 J p m EXTERIOR COVERED TERRACE I k::;:]:::::::::::::::::: 1, —I t L 113.8' — UNIT AREA BREAKDOWN BUILDING UNIT 2 7,538 SQUARE FEET LAND UNIT 2 2,43 I SQUARE FEET UNIT No. 2 NOTICE:This document is not valid,full and complete without all pages. LONGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE:(305)463-0912 • FAX:(305)513-5680 • WWW.LONGITUDESURVEYORS.COM L:\15231 151-287 Sunny Isles Blvd—Gateway Pork\dwg\Condominium Exhibits\15231 Condo 04-12-16.dwg 5/27/2016 10:06:52 AM EDT JOB No.:15231 PAGE 8 OF 13 • GATEWAY PARK CONDOMINIUM, A COMMERCIAL CONDOMINIUM EXHIBIT "1" Iltmmll111"11j1§11 1 WOO 1 �IuIIIIL,n11111III1111 �' LAND UNIT No.3 QI ..., �r I WI GI 1- 0 20 40 Fla — \ — — v = �.,., IF a __ \ a .. _L_ _°_ °' III<IT INF SCALE I: 1" = 40' ` \ r - NOTE: - Z ! ,\�\�\�- � o I m ._.e._ ___. .l •BUILDING UNIT AND LAND UNIT ARE NOT is—11 CONTIGUOUS TO EACH OTHER BECAUSE OF THE Z z N .._ =IF a Z c BUILDING WALLS, WHICH ARE COMMON ELEMENTS I\ I v W� `\\\�\ I =F o I z BUILDING EXTERIOR WALLS ARE COMMON I�I , 1 �� ■ =a=Q a——°—}1 c ELEMENTS I • . ' . . . . . I - �,,�—— s — I = Illll P C I VALET Z Ifn� 2 n T a I 8 0 r1� I ° W 1 rl 'RC I . I I1 I ti . I F5-1 8 Lai UNIT AREA BREAKDOWN I E I �I 1f BUILDING UNIT 3 3 I,464 SQUARE FEET I P «� Le- LAND UNIT 3 32,689 SQUARE FEET 1 1: .., . . �����\\O\`�� Lo.. 1 g 1= � 1 I co.r I I 4 ii I H 414'" STORAGE t I _�� IIII = r- -�am. R - I 3° _ III !° 1!I I I 1/r C r II I I I n°—e• 1 /t= Y1 1 I —1 pox_ Z �� 'y Y - _ ,I IaIW i• 1 8 3 a [ I./ a 3 IF, L.O- Z 1 1 • ra ir $ a W 1 I r lii-c = vFYII � � �1 1 � r 1 j o z 1 M �: _ .c \ I .,, II ti .— I" 1 ill ........ .. ...1 .. UNIT No. 3 ° ° ° ° ° GROUND FLOOR • ° 0 0 _ L LAND UNIT No.3 q NOTICE:This document is not valid, ,"a° I full and complete without all pages. LONGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 ' PHONE:(305)463-0912 ` FAX:(305)513-5680 ' WWW.LONGITUDESURVEYORS.COM L:\15231 151-287 Sunny Isles Blvd-Gateooy Park\dog\Condominium Exhibits\15231 Condo 04-12-16.dog 5/27/2016 10:06:52 AM EDT JOB No.:15231 PAGE 9 OF 13 GATEWAY PARK CONDOMINIUM, A COMMERCIAL CONDOMINIUM EXHIBIT "1" -In _GI GATEWAY PARK CONDOMINIUM, A COMMERCIAL CONDOMINIUM EXHIBIT "1" 0 co D w_ I aj D IWVl1III��9Ullpllil zD °h — — — — — — — =1==' xi 1 .L • rig j > N O N N • ` Illilllllll,,,,olollip o s N f: 0 20 40 I Ir ■ SCALE I 1" = 40' - -i-- — -� Y M!^S ill- I V /4 g I m E , I g g I 1 I u g I I g g I1I g g I NOTE: I c t 1 I 1 BUILDING UNIT AND LAND UNIT ARE NOT I I - --4- rT 4,— I I I — CONTIGUOUS TO EACH OTHER BECAUSE OF THE Z p BUILDING WAI 19, WHICH ARE COMMON ELEMENTS I g O - g III g N I BUILDING EXTERIOR WAI 19 ARE COMMON I C'3 m 1 ELEMENTS 'I — = I I 1— - II I II g _ I I a N I I I 1 ' I I J;;— . =--� o . 1 I I 6 i r UNIT AREA BREAKDOWN R I V I• I F 9 S I THIRD FLOOR I g a II 6 6 BUILDING UNIT 3 4 I,862 SQUARE FEET -I I >y 1 24.0' g I I® MI I ii $ I IN' 1 I 'W''' :: $ i I �: Z C c o11 I I m g I F = we : Q I i g I r 5. a m 1 I g g I I I 0) I 6 '4' 6 I I m 4' • zi 14E1 * UNIT No. 3 1 I- m r THIRD FLOOR 0) NOTICE:This document is not valid,full and complete without all pages. LONGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE:(305)463-0912 • FAX:(305)513-5680 • WWW.LONGITUDESURVEYORS.COM T:\15231 151-287 Sunny Isles 85.6—0atewoy Pork\dwg\Condomin'vm Erh66ta\15231 Condo 04-12-16.dwg 5/27/2016 10:06:52 AM EDT JOB No.:15231 PAGE 11 OF 13 GATEWAY PARK CONDOMINIUM, A COMMERCIAL CONDOMINIUM EXHIBIT "1" 1OrD D 1 To S K .,3I,�_ 0 20 40 I I I #r 1 I SCALE 1" = 40' I - • I I 6 /0 6 I I m E I I E 6 I I Y. 6 I . I m E I•I 'v E I E E I I Ir 6 I NOTE: I E E I I k I N BUILDING UNIT AND LAND UNIT ARE NOT I 5 I I CONTIGUOUS TO EACH OTHER BECAUSE OF THE I ! z co E II Y. E • BUILDING WALLS, WHICH ARE COMMON ELEMENTS I m z0 g I I E E I BUILDING EXTERIOR WALLS ARE COMMON o Z ELEMENTS 1 I gi , 7 g I I I g W I , I g g I I g I • I g w g I I g g I I d o g I a I I . 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LONGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE:(305)463-0912 • FAX:(305)513-5680 • WWW.LONGITUDESURVEYORS.COM L:\15231 151-287 Sunny Isles Blvd— Gateway Pork\drg\Condominium Exhibits\15231 Condo 04-12-16.dwg 5/27/2016 10:06:52 AM EDT JOB No.:15231 PAGE 12 OF 13 OR BK 30144 PG 3239 p • LAST PAGE GATEWAY PARK CONDOMINIUM, A COMMERCIAL CONDOMINIUM EXHIBIT "1" 0 15 30 SCALE 1" = 30' L L J _ ROOF LEVEL S ✓ r — — — _1 -1 EL,+35'-8r (+43.47'NGVD) • OPEN • OPEN — - — / 3rd LEVEL L L — — — — - -I EL.+25'-0w (+33.30'NGVD) ¢ • _ _• OPEN _• OPEN MI CANOPY ✓ r ` ¢� Ji Ji l EL.+16'-0w T (+23.80'NGVD)LA IMF'11 E_ — — — J �.. L _' - NI I GROUND LEVEL k EL.+0'-0' (+7.80'NGVD) ELEVATION DIAGRAM NOTICE:This document is not valid,full and complete without all pages. LONGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 " PHONE:(305)463-0912 * FAX:(305)513-5680 " WWW.LONGITUDESURVEYORS.COM L\15231 151-287 Sonny Isles Blvd-Gdteooy Pork\dwg\Condominium Exhibits\15231 Condo 04-12-16.dwg 5/27/2016 10:06:52 AM EDT JOB No.:15231 PAGE 13 OF 13 1 5,'r'44S Fr City of Sunny Isles Beach O/ 18070 Collins Avenue ,ti Sunny Isles Beach, Florida 33160 i `p,. ,.. ,p' (305)947-0606 City Hall r*c,,, 5,,,, 0". (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 5/19/2016 RE: Approving Condominium Documents for the Gateway Park Commercial Condominium Association, Inc. RECOMMENDATION: This Resolution is presented for your consideration. REASONS: The City intends to lease certain areas in the parking garage located at Gateway Park to private retail restaurant operators. Based on instructions provided by Miami-Dade County, the City is creating a commercial condominium within the Gateway Parking Garage to ensure that property taxes are imposed on the areas dedicated to private commercial uses. The City Commission will be designated as the Board of Directors for the condominium association called Gateway Park Commercial Condominium Association, Inc. ("Association"). The City Commission will have the authority to appoint the officers for the Association. The President will be the City Manager, whereas the City Clerk and the Finance Director shall serve as Secretary and Treasurer for the Association. Attached are the Declaration of Condominium, Articles of Incorporation, and By-Laws. ATTACHMENTS: Description Resolution 366