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HomeMy WebLinkAboutReso 2008-1291 RESOLUTION NO. 2008- I ~q 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DEDICATING IN PERPETUITY THE PROPERTY LOCATED AT 18115 NORTH BAY ROAD ALSO KNOWN AS THE PELICAN COMMUNITY PARK AND COMMUNITY CENTER FOR OUTDOOR RECREATION AND FOR THE USE AND BENEFIT OF THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE DECLARATION OF RESTRICTIONS A TT ACHED HERETO AS EXHIBIT "A"; PROVIDING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") has entered into project grant agreements with the Florida Department of Environmental Protection ("DEP") whereby DEP agreed to provide the City with grant funds to acquire and/or develop land for public parks; and WHEREAS, the City has used the grant funds to acquire and/or develop the property located at 18115 North Bay Road also known as the Pelican Community Park and Community Center (the "property") as a Public Park and Community Center; and WHEREAS, as a condition of receiving the grants from DEP, the City is required to dedicate in perpetuity the property as a Public Park and Community Center for outdoor recreation and for the use and benefit of the public; and WHEREAS, pursuant to the Project Grant Agreement, the City wishes to dedicate in perpetuity the property located at 18115 North Bay Road also known as the Pelican Community Park as a public park for outdoor recreation and for the use and benefit of the public. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorization of Mayor. The Mayor is hereby authorized to execute the Declaration of Restrictions attached hereto as Exhibit "A" dedicating in perpetuity the property located at 18115 North Bay Road as a park for outdoor recreation and for the use and benefit of the public. Section 2. Authorization of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this ~day of -J u.. L Y ,2008. ~ IdA ~-M) No ~ S. E:;;:~lIP' May~ Y P;lgl' I or ~ Dedicating (,e1ican C0n1n111nitl' ('ark ATTEST: ~A:~ Jane A. Hines, CMC, City Clerk ~,~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~/1A.A... 'lA~~ Hans Ottinot, City Attorney Vote as Follows: 6-0 Mayor Edelcup Vice Mayor Thaler Commissioned Goodman Commissioned Brezin Commissioned Scholl Dedicating Pelican Community Park Moved by: Seconded by: ~ ~ rr\/'r(\.J... ~ J ) 0Yes) ~Yes) V (Yes) ~.(Y es) _(Yes) _(No) _(No) _(No) _(No) _(No) Page :2 of :2 t3R~z IN i 111111 11111 1111I 1111111111 11111 1IIi1 11111111 This instrument prepared by and retum to: CFN 2008R0800830 Dr;: P.k 2t.5S'1 F''1::. 136B -- 1T1O; cc;:P~I:;;t RECORDED 10/01/2008 10:39:25 H(;F.:VEY RlIVIH, CL.Ef\:r:. OF COUtu MIAMI-DADE COUNTY, FLORIDA Hans Ottinot, City Attorney City of Sunny Isles Bcach 18070 Collins A venuc Sunny Isles Bcach, FL 33160 DECLARATION OF RESTIUCTIONS The undersigned Owner of the following described real property (the "Property"), lying, being and situated in Sunny Isles Beach, Miami-Dade County, Florida, and legally described as: PERU TOWERS PB 99-66 TRACT A LOT SIZE 87120 SQ FT F/A/U 30-2211-019-0010 OR 18671-4701 06993 WHEREAS, the City of Sunny Isles Beach ("City") has entered into project grant agreements with the Florida Department of Environmental Protection ("DEP") whereby DEP agreed to provide the City with grant funds to acquire and/or develop land for public parks; and WHEREAS, the City has used the grant funds to acquire and/or develop the property as a Public Park and Community Center; and WHEREAS, as a condition of receiving the grants from DEP, the City is required to dedicate in perpetuity the property as a Public Park and Community Center for outdoor recreation and for the use and benefit of the public; and WHEREAS, pursuant to the Project Grant Agreement, the City wishes to dedicate in perpetuity the property as a Public Park and Community Center for outdoor recreation and for the llse and benefit of the public; NOW THEREFORE, in order to assure the Florida Department of Environmental Protection ("DEP") that the terms and conditions set forth in the project grant agreement will be abided by the City freely, voluntarily and without duress, the City hereby makes the following Declaration of Restrictions covering and running with the Property: (l) Effectiveness of Declaration. This Declaration shall become final and be recorded upon the Public Records of Miami-Dade County. ~ (2) Dedication. The City hereby dedicates in Perpetuity, the Property, legally described above and located at 181 15 North Bay Road, Florida, as a Public Park and Community Center for recreation purposes and for the use and benefit of the public. (3) Limitation of Use. The Property indentified in Exhibit "A" has been acquired for development by the City with financial assistance provided by the Florida Department of Environmental Protection ("DEP") in accordance with the Project Agreement. Pursuant to DEP's rules, land already owned and then developed, or land acquired by the project sponsor with grant assistance, shall be dedicated in perpetuity as an outdoor recreation area for the general public for a minimum of twenty-five (25) years after completion of development. If the City should convert any part of the property, whether acquired or developed with grant assistance, to other than DEP approved recreational uses, the City shall replace the property at its own expense with a DEP approved property of comparable or greater size and quality. In lieu of such replacement, DEP may require return of grant funds disbursed to the project sponsor. Grant funds shall be refunded with interest, calculated at two percent (2%) over the prevailing prime rate as reported by the Federal Reserve. (4) Covenant Running-With-The-Land. This Declaration on the part of the City shall constitute a Covenant-Running-With-The-Land and shall be recorded in the Public Records of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the Owner, and its successors and/or assigns until such time as the same is modified or released pursuant to the terms hereof. These restrictions shall inure to the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. (5) Term. This Declaration shall be in perpetuity and shall be binding on all parties and all persons claiming under it unless the Project Grant Agreement is terminated or modified by either party. (6) Modification, Amendment, Release. In the event the Project Grant Agreement requires that this Declaration be modified, then, and only in that event, may this Declaration be modified, amended or released as to the land herein described. Should this Declaration be so modified, amended or released pursuant to the Project Grant Agreement, the City agrees to comply with the Project Agreement. (7) Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any provision of this Declaration. This Declaration is not intended and should not be construed to confer any rights on any third parties other than the City and DEP. The prevailing party in any action or suit pertaining to, or arising out of this Declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of its attorney, at trial and appeal. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. 2 OK ~K ~6~Y1 ~b 1~'U L..AST F'AGE (8) Election of Remedies. All rights remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same, from exercising such other additional rights, remedies or privileges. (9) Severability. Invalidation of anyone of these covenants, by judgment or Court, shall in no way affect any of the other provisions, which shall remain in full force and effect. (l0) Recording. This Declaration shall be filed of record in the public records of Miami- Dade County, Florida at the cost of the City. SIGNED, WITNESSED, executed and acknowledged this I '1~ day of ~ '1 2008. ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: "0~ A- ~ Jane A. Hines, cIvic, City Clerk _~ A/lA1~ ~ Hans Ottinot, City At rney STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) THE ..!:.9REGOING Declaration of Restrictions was acknowledged before me this \ 1 ~ day of ..July , 2008, by Norman S. Edelcup, Mayor of the City of Sunny Isles Beach who is personally known to me. ~~T~ Notary Public ~ My Commission Expires: ~.,.. ./J~ R~ "1- . . ~. ~ "'1- ,;; OF~ Notary p'Jbll(' State of Florida Pn,cilla T ,>iel Walker My Cnrnrrls",on D(/548519 Expires 07124/70;0 D.C. 3 City of Sunny Isles Beach 18070 Collins Avenue, 4th Floor Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis.l. Thaler, Vice Mayor Roslyn Brezin. Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner OF S\J~ A. .Iohn Szerlag, City Manager Hans Ottinot, City Attorney .lane A. Hines, City Clerk MEMORANDUM TO: The Honorable City Commission FROM: Hans Ottinot, City Attorney ,"'~ /~ ~ DATE: July 17,2008 RE: Dedicating 18115 North Bay Road as a Park RECOMMENDATION: The attached Resolution is presented for your consideration and approval. REASONS: The City of Sunny Isles Beach ("City") has entered into project grant agreement with the Florida Department of Environmental Protection ("DEP") whereby DEP agreed to provide the City with grant funds to acquire and/or develop land for public parks. The City has used the grant funds to acquire and/or develop the property at 18115 North Bay Road (Pelican Community Park) as a Public Park. And as a condition of receiving the grants from DEP, the City is required to dedicate in perpetuity the property as a Public Park for outdoor recreation and for use and benefit of the public. HO:jb / Attachments Agenda Item , 0 F Date 7 - I 7 - D ~ I 111111I111111111I1111I111111111I1111111111111 This instrument prepared by and return to: CFN 2008R0800829 OR Bk 26591 P9S 1365 - 13671 (3P9Sl RECORDED 10/01/2008 10:39:25 HARVEY RUVIH, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA Hans Ottinot, City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 DECLARATION OF RESTRICTIONS The undersigned Owner of the following described real property (the "Property"), lying, being and situated in Sunny Isles Beach, Miami-Dade County, Florida, and legally described as: PERU TOWERS PB 99-66 TRACT A LOT SIZE 87120 SQ FT F/AIU 30-2211-019-0010 OR 18671-4701 06993 WHEREAS, the City of Sunny Isles Beach ("City") has entered into project grant agreements with the Florida Department of Envirorunental Protection ("DEP") whereby DEP agreed to provide the City with grant funds to acquire and/or develop land for public parks; and WHEREAS, the City has used the grant funds to acquire and/or develop the property as a Public Park and Community Center; and WHEREAS, as a condition of receiving the grants from DEP, the City is required to dedicate in perpetuity the property as a Public Park and Community Center for outdoor recreation and for the use and benefit of the public; and WHEREAS, pursuant to the Project Grant Agreement, the City wishes to dedicate in perpetuity the property as a Public Park and Community Center for outdoor recreation and for the use and benefit of the public; NOW THEREFORE, in order to assure the Florida Department of Environmental Protection ("DEP") that the terms and conditions set forth in the project grant agreement will be abided by the City freely, voluntarily and without duress, the City hereby makes the following Declaration of Restrictions covering and running with the Property: (1) Effectiveness of Declaration, This Declaration shall become final and be recorded upon the Public Records of Miami-Dade County. ) I (2) Dedication. The City hereby dedicates in Perpetuity, the Property, legally described above and located at 18115 North Bay Road, Florida, as a Public Park and Community Center for recreation purposes and for the use and benefit of the public. (3) Limitation of Use. The Property indentified in Exhibit "A" has been acquired for development by the City with financial assistance provided by the Florida Department of Environmental Protection ("DEP") in accordance with the Project Agreement. Pursuant to DEP's rules, land already owned and then developed, or land acquired by the project sponsor with grant assistance, shall be dedicated in perpetuity as an outdoor recreation area for the general public for a minimum of twenty-five (25) years after completion of development. If the City should convert any part of the property, whether acquired or developed with grant assistance, to other than DEP approved recreational uses, the City shall replace the property at its own expense with a DEP approved property of comparable or greater size and quality. In lieu of such replacement, DEP may require return of grant funds disbursed to the project sponsor. Grant funds shall be refunded with interest, calculated at two percent (2%) over the prevailing prime rate as reported by the Federal Reserve. (4) Covenant Running- With- The-Land. This Declaration on the part of the City shall constitute a Covenant-Running- With- The-Land and shall be recorded in the Public Records of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the Owner, and its successors and/or assigns until such time as the same is modified or released pursuant to the terms hereof. These restrictions shall inure to the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. (5) Term. This Declaration shall be in perpetuity and shall be binding on all parties and all persons claiming under it unless the Project Grant Agreement is terminated or modified by either party. (6) Modification, Amendment. Release. In the event the Project Grant Agreement requires that this Declaration be modified, then, and only in that event, may this Declaration be modified, amended or released as to the land herein described. Should this Declaration be so modified, amended or released pursuant to the Project Grant Agreement, the City agrees to comply with the Project Agreement. (7) Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any provision of this Declaration. This Declaration is not intended and should not be construed to confer any rights on any third parties other than the City and DEP. The prevailing party in any action or suit pertaining to, or arising out of this Declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of its attorney, at trial and appeal. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. 2 OR BK 26591 PG 1367 L.AST PAGE (8) Election of Remedies. All rights remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same, from exercising such other additional rights, remedies or privileges. (9) Severability. Invalidation of anyone of these covenants, by judgment or Court, shall in no way affect any of the other provisions, which shall remain in full force and effect. (10) Recording. This Declaration shall be filed of record in the public records of Miami- Dade County, Florida at the cost of the City. SIGNED, WITNESSED, executed and acknowledged this \'\~ day of CfJl'-{ 2008, CITY OF SUNNY ISLES BEACH ATTEST: J~S'~M~lerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: /~~~ ~ Hans Ottinot, City At rney STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) THE FOREGOING Declaration of Restrictions was acknowledged before me this l '1~ day of ~U\~ ' 2008, by Norman S. Edelcup, Mayor of the City of Sunny Isles Beach who is personally known to me. ,-~...oJL.. T~ ~ Notary Public My Commission Expires: ...,.y~~ !~. ~off..1 Notary Public State of Florida Priscilla Tyler Walker My CommiS3ion 00548519 Expires 07/24/2010 3 ~ 111111I111111111I1111I111111111111I1111111111 This instrument prepared by ami return to: CFN 2008R080C183(J OR Bk 26591 P9S 1368 - 1370; (3P9S) RECORDED 10/01/2008 10:39:25 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA Hans Ottinot, City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, fL 33 I 60 DECLARATION OF RESTRICTIONS The undersigned Owner of the following described real property (the "Property"), lying, being and situated in Sunny Isles Beach, Miami-Dade County, Florida, and legally described as: PERU TOWERS PB 99-66 TRACT A LOT SIZE 87120 SQ FT F/A/U 30-2211-019-0010 OR 18671-4701 06993 WHEREAS, the City of Sunny Isles Beach ("City") has entered into project grant agreements with the Florida Department of Environmental Protection ("DEP") whereby DEP agreed to provide the City with grant funds to acquire and/or develop land for public parks; and WHEREAS, the City has used the grant funds to acquire and/or develop the property as a Public Park and Community Center; and WHEREAS, as a condition of receiving the grants from DEP, the City is required to dedicate in perpetuity the property as a Public Park and Community Center for outdoor recreation and for the use and benefit of the public; and WHEREAS, pursuant to the Project Grant Agreement, the City wishes to dedicate in perpetuity the property as a Public Park and Community Center for outdoor recreation and for the use and benefit of the public; NOW THEREFORE, in order to assure the Florida Department of Environmental Protection ("DEP") that the terms and conditions set forth in the project grant agreement will be abided by the City freely, voluntarily and without duress, the City hereby makes the following Declaration of Restrictions covering and running with the Property: (1) Effectiveness of Declaration. This Declaration shall become final and be recorded upon the Public Records of Miami-Dade County. ~ (2) Dedication. The City hereby dedicates in Perpetuity, the Property, legally described above and located at 18115 North Bay Road, Florida, as a Public Park and Community Center for recreation purposes and for the use and benefit of the public. (3) Limitation of Use. The Property indentified in Exhibit "A" has been acquired for development by the City with financial assistance provided by the Florida Department of Environmental Protection ("DEP") in accordance with the Project Agreement. Pursuant to DEP's rules, land already owned and then developed, or land acquired by the project sponsor with grant assistance, shall be dedicated in perpetuity as an outdoor recreation area for the general public for a minimum of twenty-five (25) years after completion of development. If the City should convert any part of the property, whether acquired or developed with grant assistance, to other than DEP approved recreational uses, the City shall replace the property at its own expense with a DEP approved property of comparable or greater size and quality. In lieu of such replacement, DEP may require return of grant funds disbursed to the project sponsor. Grant funds shall be refunded with interest, calculated at two percent (2%) over the prevailing prime rate as reported by the Federal Reserve. (4) Covenant Running- With- The- Land. This Declaration on the part of the City shall constitute a Covenant-Running- With- The-Land and shall be recorded in the Public Records of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the Owner, and its successors and/or assigns until such time as the same is modified or released pursuant to the terms hereof. These restrictions shall inure to the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. (5) Term. This Declaration shall be in perpetuity and shall be binding on all parties and all persons claiming under it unless the Project Grant Agreement is terminated or modified by either party. (6) Modification, Amendment, Release. In the event the Project Grant Agreement requires that this Declaration be modified, then, and only in that event, may this Declaration be modified, amended or released as to the land herein described. Should this Declaration be so modified, amended or released pursuant to the Project Grant Agreement, the City agrees to comply with the Project Agreement. (7) Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any provision of this Declaration. This Declaration is not intended and should not be construed to confer any rights on any third parties other than the City and DEP. The prevailing party in any action or suit pertaining to, or arising out of this Declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of its attorney, at trial and appeal. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. 2 OR BK 26591 PG 1370 LAST PAGE (8) Election of Remedies. All rights remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same, from exercising such other additional rights, remedies or privileges. (9) Severability. Invalidation of anyone of these covenants, by judgment or Court, shall in no way affect any of the other provisions, which shall remain in full force and effect. (10) Recording. This Declaration shall be filed of record in the public records of Miami- Dade County, Florida at the cost of the City. SIGNED, WITNESSED, executed and acknowledged this 1'1#\ day of ::rv I y 2008, CITY OF SUNNY ISLES BEACH ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~ A- ~ Jane A. Hines, CMC, City Clerk /~ A/1A1~ ~ Hans Ottinot, City At rney STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) THE FOREGOING Declaration of Restrictions was acknowledged before me this \ 1 ~ day of :fuly , 2008, by Norman S. Edelcup, Mayor of the City of Sunny Isles Beach who is personally known to me. ~~T~ Notary Public ~ My Commission Expires: ~t7-' Pv",_ ~o ~'r- . . ,r__ ~ ~~ ~OFf..r!<' Notary p'Jb!ic State of Florida Pn~cilla T ,',(', Waiker My C()rnrrIS~lon D8548519 Expires 07/24/?010 3 OF SUN City of Sunny Isles Beach 18070 Collins Avenue, 4th Floor Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5 107 Fax City Commission Norman S. Edelcup, Mayor Lewis.J. Thaler, Vire Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. .John Szerlag, City Manager Hans Ottinot, City Arromey .Jane A. Hines, City Cferk MEMORANDUM TO: The Honorable City Commission FROM: Hans Ottinot, City Attorney ;PIC /~ ~ DATE: July 17,2008 RE: Dedicating 18115 North Bay Road as a Park RECOMMENDATION: The attached Resolution is presented for your consideration and approval. REASONS: The City of Sunny Isles Beach ("City") has entered into project grant agreement with the Florida Department of Environmental Protection ("DEP") whereby DEP agreed to provide the City with grant funds to acquire and/or develop land for public parks. The City has used the grant funds to acquire and/or develop the property at 18115 North Bay Road (Pelican Community Park) as a Public Park. And as a condition of receiving the grants from DEP, the City is required to dedicate in perpetuity the property as a Public Park for outdoor recreation and for use and benefit of the public. HO:jb / Attachments Agenda Item ~ 0 F Date 7 - I. 7 - D ~ TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 160 (305) 947-0606 City Hall (305) 949-3 113 Fax (305) 947-2150 Building Department (305) 947-5 I 07 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM Hans Ottinot, City Attorney ~ Priscilla Walker, CMC, Deputy City Clerk/Office ManageP September 22, 2008 Approval of Lease Agreement with United States Postal Service At its regular meeting of September 18, 2008, the City Commission adopted Resolution No. 2008-1327, which approved the above-referenced agreement. Enclosed are two copies of the approving legislation and the two (2) partially-executed original agreements to assist you in processing this item. Upon return, please forward a fully-executed original agreement to the Office of the City Clerk. Thank you. /pw Attaclunents Post Office Lease Agreement Trans Memo