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HomeMy WebLinkAboutReso 2017-2731 RESOLUTION NO. 2017- 21-51 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFING THE TERMINATION AND RELEASE OF COVENANTS FOR PROPERTY COMMONLY KNOWN AS THE GOLDEN STRAND OCEAN VILLA AND RESORT, LOCATED AT 17901 COLLINS AVENUE, FLORIDA, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,on October 28, 1983, Golden Strand International Inc. executed and recorded in Official Records Book 12089,Page 2407, of the Public Records of Miami-Dade County, Florida a covenant restricting the use of property located at 17901 Collins Avenue, as a timeshare condominium; and WHEREAS, in 2014, the property was contracted to be sold to GSF Acquisition, LLC and subject to the sale, certain restrictive covenants were to be terminated and released to facilitate the development of the property; and WHEREAS, the City assumed the County's jurisdiction over the Property; and WHEREAS, in Resolution No. 2014-2299, the City agreed to terminate and release the covenants upon the sale of the Property to GSF Acquisition, LLC and sale has occurred; and WHEREAS, the City Commission wishes to approve the termination and release of covenants attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratifying the Termination and Release of Covenants. The City Commission of the City of Sunny Isles Beach, Florida hereby ratifies the Termination and Release of Covenants for the property located at 17901 Collins Avenue, Sunny Isles Beach attached hereto as Exhibit "A". Section 2. Authority of City Manager and the City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 21st day of September 2017. Reso Termination and Release of Covenant 17901 Collins Avenue.Page 1 of 2 0 George .. Scholl, Mayor j1 I ATTEST: 9 i 7 • MauriciotBetanc" r, C C, Acting City Clerk ,,4 ,,, APPROVED AS TO FORM AND LEG. L SUFFICIENCY: ///. air r ! :tti ot, City Attorney Moved by: C(swim sst,oNE2- 6-1.4'� Seconded by: CusittAts,skot.fie- JEC'ifi' Vote: Mayor Scholl I (Yes) (No) Vice Mayor Goldman ✓ (Yes) (No) Commissioner Aelion ✓ (Yes) (No) Commissioner Gatto ✓(Yes) (No) Commissioner Svechin /(Yes) (No) Reso Termination and Release of Covenant 17901 Collins Avenue.Page 2 of 2 , This Instrument Prepared By: Margaret A. Rolando, P.A., Esq. Shutts & Bowen, LLP 200 S. Biscayne Boulevard Suite 4100 Miami, Florida 33131 TERMINATION AND RELEASE OF COVENANT THIS TERMINATION AND RELEASE OF COVENANT (this 'Agreement") is entered into this 61day of S'.Q��-2 , 2017, by THE CITY OF SUNNY ISLES BEACH, a Florida municipality (the "City"). RECITALS: WHEREAS, on October 28, 1983, Golden Strand International, Inc., a Florida corporation, executed that certain Covenant in favor of Miami-Dade County, Florida (the "County") recorded in Official Records Book 12089, Page 2413, of the Public Records of Miami- Dade County, Florida (the "Covenant"); WHEREAS, the real property subject to the Covenant is more particularly described below (the "Property"): Tract "Q," Amended Plat of North Biscayne Beach, according to the Plat thereof, recorded in Plat Book 44, Page 42, of the Public Records of Miami-Dade County, Florida; WHEREAS, the City has assumed the County's jurisdiction over the Property; WHEREAS, the Property is part of that certain condominium known as Golden Strand Ocean Villa Resort, a Condominium (the "Condominium"), according to that certain Amended and Restated Declaration of Golden Strand Ocean Villa Resort, a Condominium, attached to that Amendment to Declaration recorded on January 25, 1984, in Official Records Book 12035, page 2760 in the Public Records of Miami-Dade County, Florida (as amended, the "Declaration"); WHEREAS, the Covenant required the Property to be used as a timeshare condominium pursuant to the Florida Condominium Act; WHEREAS, Golden Strand Ocean Villa Resort Association, Inc., a Florida not-for-profit corporation (the "Association") and the requisite percentage of voting interests of the unit owners have executed a Plan of Termination for the Condominium ("Plan of Termination"), dated as of May 7, 2014 and recorded on May 7, 2014 in Official Records Book 29141, Page 3004, and re-recorded in Official Records Book 29194, Page 3990 of the Public Records of Miami-Dade County, Florida in which they agreed to terminate the Condominium upon satisfaction or waiver of various conditions set forth in the Plan of Termination which shall be MIADOCS 8940887 6 EXHIBIT "A" evidenced by the recordation of a certificate of termination executed by the Association ("Certificate of Termination") in the Public Records of Miami-Dade County, Florida; WHEREAS, in Resolution 2014-2301, the City agreed to terminate and release the Covenant upon the sale of the Property to GSF Acquisition, LLC; and WHEREAS, the Association, in its capacity as managing entity of the Condominium and as Termination Trustee for the Condominium is recording the Certification of Termination and conveying the Property to A3 Development, LLC, a Delaware limited liability company, successor by merger to GSF Acquisition, LLC by Trustee's Deed ("Deed"), and the City is executing this Agreement for purposes of terminating the Covenant and releasing the Property from the terms and conditions thereof automatically upon the recordation of the Deed. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City hereby agrees that: 1. RECITALS. The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference. 2. TERMINATION AND RELEASE OF COVENANT. The City hereby agrees that automatically upon recordation of the Deed in the Public Records of Miami-Dade County, Florida, without further action by the City: (a) the Covenant shall be terminated, canceled, released and of no further force and effect, and (b) the Property shall be released from the terms and conditions of the Covenant. No additional consents shall be required in connection with the termination and release of the Covenant 3. GOVERNING LAW. This Agreement shall be governed by Florida law. 4. BINDING EFFECT. This Agreement shall be binding upon, and shall inure to the benefit of the Association, the City, and their respective successors, heirs, or assigns. 5. HEADINGS. The headings contained in this Agreement are for convenience of reference only and shall not be construed as limiting or defining in any way the provisions of this Agreement. 6. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. Any signature delivered by facsimile or other forms of electronic transmission, such as a PDF, shall be considered an original signature by the party sending such signature. MIADOCS 8940887 6 IN WITNESS WHEREOF, the City has executed this Agreement as of the above written date. WITNESSES: THE CITY OF SUNNY ISLES BEACH, a Florida municipality 6111-h ThO - By: Print Name: Name: CGivis izJherr T. 2t't&cc' �� ��� Title: Citta rNlavt��ev' Print Name KpiAltl\kaito STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this 6 day of 2017, by &hE 7 ph&( Z . (4. s-cp , as 0-64 /1106 1 of The Cjty of Sunny Isles Beach, a =lorida municipality, on behalf of the mune pality. jShe 1/is personally known to me or has produced a Florida Driver's License as identification. Qlegk; � J JASMINE L.BARNES Printed Name: SCarg,l.t i -e_. tL.- a vk eNeS a MY COMMISSION d FF 173880 I EXPIRES:November 18,2018 NOTARY PUBLIC —State of Florida Bonded Thru Notary Public Underwriters ,, My commission number: FF I 7-SOS. st My commission expires: (1oo.et.kla.&v' 15 Z.012 • • MIADOCS 8940887 6 • This Instrument Prepared By: Margaret A. Rolando, P.A., Esq. Shutts & Bowen, LLP 200 S. Biscayne Boulevard Suite 4100 Miami, Florida 33131 TERMINATION AND RELEASE OF COVENANT THIS TERMINATION AND RELEASE OF COVENANT (this "Agreement") is entered into this 6��`day of September, 2017, by THE CITY OF SUNNY ISLES BEACH, a Florida municipality (the "City"). RECITALS: WHEREAS, on October 28, 1983, Golden Strand International, Inc., a Florida corporation, executed that certain Covenant in favor of Miami-Dade County, Florida (the "County") recorded in Official Records Book 12089, Page 2407, of the Public Records of Miami- Dade County, Florida (the "Covenant"); WHEREAS, the property located at 17901 Collins Avenue, Sunny Isles Beach, Florida 33160, known as the Golden Strand Ocean Villa and Resort and as more particularly described below (the "Property") has been operating under the Covenant: Tract "Q", of AMENDED PLAT OF NORTH BISCAYNE BEACH, according to the plat thereof, recorded in Plat Book 44, Page 42, of the Public Records of Miami-Dade County Florida; WHEREAS, the City has assumed the County's jurisdiction over the Property; • WHEREAS, the Property is part of that certain condominium known as Golden Strand Ocean Villa Resort, a Condominium (the "Condominium"), according to that certain Amended and Restated Declaration of Golden Strand Ocean Villa Resort, a Condominium, attached to that Amendment to Declaration recorded on January 25, 1984, in Official Records Book 12035, page 2760 in the Public Records of Miami-Dade County, Florida (as amended, the "Declaration"); WHEREAS, the Covenant required the Property to provide for certain off-street parking on the real property described below; Tract "A" of THE PEOPLES PROPERTY, according to the plat thereof, as recorded in Plat Book 106, Page' 37, of the Public Records of Miami-Dade County Florida; MIADOCS 8940887 6 WHEREAS, Golden Strand Ocean Villa Resort Association, Inc., a Florida not-for-profit corporation (the "Association") and the requisite percentage of voting interests of the unit owners have executed a Plan of Termination for the Condominium ("Plan of Termination"), dated as of May 7, 2014 and recorded on May 7, 2014 in Official Records Book 29141, Page 3004, and re-recorded in Official Records Book 29194, Page 3990 of the Public Records of Miami-Dade County, Florida in which they agreed to terminate the Condominium upon satisfaction or waiver of various conditions set forth in the Plan of Termination which shall be evidenced by the recordation of a certificate of termination executed by the Association ("Certificate of Termination") in the Public Records of Miami-Dade County, Florida; WHEREAS, in Resolution 2014-2299, the City agreed to terminate and release the Covenant upon the sale of the Property to GSF Acquisition, LLC; and WHEREAS, the Association, in its capacity as managing entity of the Condominium and as Termination Trustee for the Condominium is recording the Certification of Termination and conveying the Property to A3 Development, LLC, a Delaware limited liability company, successor by merger to GSF Acquisition, LLC by Trustee's Deed ("Deed"), and the City is executing this Agreement for purposes of terminating the Covenant and releasing the Property from the terms and conditions thereof automatically upon the recordation of the Deed. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City hereby agrees that: 1. RECITALS. The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference. 2. TERMINATION AND RELEASE OF COVENANT. The City hereby agrees that automatically upon recordation of the Deed in the Public Records of Miami-Dade County, Florida, without further action by the City: (a) the Covenant shall be terminated, canceled, released and of no further force and effect, and (b) the Property shall be released from the terms and conditions of the Covenant. No additional consents shall be required in connection with the termination and release of the Covenant. 3. GOVERNING LAW. This Agreement shall be governed by Florida law. 4. BINDING EFFECT. This Agreement shall be binding upon, and shall inure to the benefit of the Association, the City, and their respective successors, heirs, or assigns. 5. HEADINGS. The headings contained in this Agreement are for convenience of reference only and shall not be construed as limiting or defining in any way the provisions of this Agreement. 6. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. Any signature delivered by facsimile or other forms of electronic transmission, such as a PDF, shall be considered an original signature by the party sending such signature. MIADOCS 8940887 6 IN WITNESS WHEREOF, the City has executed this Agreement as of the above written date. WITNESSES: THE CITY OF SUNNY ISLES BEACH, a Florida muni •pality i S1 / 44rxxisBy: 1 Print Name: Name: Ch v is Taker 7r. LAssa Title: C.tk OAafActl2r" Print Name:' 4.11,\ANIN' V\ats STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this .(0 day of S.o.p wvla , 2017, by ehvisropIA ,r ..0 ss-o , as Citt,, MAna.9fr,✓ of The City of Sunny Isles Beach, a Florida municipality, on behalf of the municipality. 1-1e/She ✓ is personally known to me or has produced a Florida Driver's License as identification. =;4Fik. JASMINE L BARNES `• . MY COMMISSION S FF 1 gr q.,Aiti., ed Name: 3-4s1-4111e-4,34,,,,_, • g�t�N 2S =`-� EXPIRES:November 18,2018 '�?F,h� Bonded Thin NotaryPubficUnderwrNers NOTARY PUBLIC —State of Florida _ My commission number: FF 03 E367 My commission expires: ilf)(j_gslA L.ar IT; zol MIADOCS 8940887 6 JtANY rs4 Cityof SunnyIsles Beach City Commission S _ - FS George"Bud"Scholl,Mayor �0 -"-= F 18070 Collins Avenue, Suite 250 Dana Goldman,Vice Mayor ti . ; -- Isaac Aelion, Commissioner _ O" n Sunny Isles Beach, Florida 33160 u ?�',,;� ,'°y^ -'=' _ Jeanette Gatto,Commissioner * f ;k * t Q,~- (305)947-0606 City Hall Larisa Svechin,Commissioner *,`�';;- . P* (305)949-3113 Fax y� 99)*o"��o S�,P (305)947-2150 Building Department Christopher J.Russo City Manager e, �� (305)947-5107 Fax HansOttinot,CiryAttorney 'OF SUN P Ma uricio Betancur,CMC,Acting City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: September 21, 2017 RE: Termination of Restrictive Covenants RECOMMENDATION This Resolution is presented for your consideration. REASONS At the time of approval of the Golden Strand Villa Resort Time-Share Condominium ("Condo") by Miami-Dade County, two (2) restrictive covenants were recorded to require the Condo to operate as a timeshare and to require the use of the western parking lot (lot west of Tony Roma's) for surplus parking. These covenants are no longer needed due to the approval of the development project called Estates of Acqualina.