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Home My WebLink AboutR-98-0808J-98-847 8/10/98 RESOLUTION NO. 9 - 8 0 8 A RESOLUTION, WITH ATTACHMENT (S), APPROVING AND AUTHORIZING THE RECORDATION OF THE FIRST MODIFICATION TO DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF, FOR THE PROPOSED MULTI- STORY PROJECT, ALSO KNOWN AS THE "MIRAMAR PROJECT", LOCATED ON THE PROPERTY AT APPROXIMATELY 1744-1756 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, TO AMEND THE RECORDED COVENANT TO REFLECT THE CHANGE OF 533 HOTEL ROOMS TO 471 RESIDENTIAL UNITS, AUTHORIZED PURSUANT TO RESOLUTION NO. 97-763, ADOPTED ON OCTOBER 28, 1997, WITH ANY RECORDATION OR OTHER EXPENSES RELATED TO THE MODIFICATIONS TO BE PAID BY THE PROPERTY OWNER. WHEREAS, on January 28, 1982 and July 29, 1982 the City Commission adopted Motion 82-68 and Resolution Nos. 82-179 and 82-713 which granted various zoning approvals in connection with the "Miramar Project" and the property owner voluntarily agreed to record a Declaration of Restrictive Covenants in the public records of Miami -Dade County, Florida, in connection therewith; and WHEREAS, the Declaration of Restrictive Covenants, dated September 20, 1995, was duly recorded in Book 17498, Page 1788 of the Public Records of Miami -Dade County, Florida, and Section 2 thereof set forth the use of the property as being for residential development containing 274 and 436 residential units and a third tower consisting of either a hotel or a residential ATTACHMENT (5) CONTAINED CITY CO&MSSI4N MEETING OF AUG 1 1 1998 R020IU i= NO. 98- 808. e building, containing 404 units; and WHEREAS, on October 28, 1997, the City Commission adopted Resolution No. 97-763, after a duly conducted public hearing, which authorized among other things, a change of 533 hotel rooms to 471 residential units for the proposed Miramar Project; and WHEREAS, the City Commission is agreeable to approving the First Modification to Declaration of Restrictive Covenant to reflect the foregoing modifications approved by the City Commission and authorizing the recordation thereof in the public records of Miami -Dade County, Florida, with any recordation or other expenses related to the modifications to be paid by the property owner; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The recordation of the First Modification to Declaration of Restrictive Covenants, attached hereto as Exhibit "A" and made a part hereof, for the proposed multi -story project also known as the "Miramar Project", located on the property at approximately 1744-1756 North Bayshore Drive, Miami, Florida, is hereby approved and authorized to amend the recorded covenant to reflect the change of 533 hotel rooms to 471 residential units, authorized pursuant to Resolution No. 97-763, adopted on October 28, 1997, with any recordation or other - 2 - 98- 808 expenses related to the modifications to be paid by the property owner. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.1/ PASSED AND ADOPTED this 11th day of August , 1998. ATTEST: WALTER J. FOEMAN, CITY CLERK APPROVED W2825:YMT:BSS CORRECTNESS & JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-38, since the Mayor did not Indicate approval of this legislation by signing it in the designated place provided, said legislation now becomes effective with the elapse of ten (10) days from the date of Commission action _regarding same, without the Mayor exerc rp veto. Walt J. n, City Clerk l� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effectively immediately upon override of the veto by the City Commission. - 3 - • 0 40 Prepared by: Jerome S Hollo, Esq. 100 South Biscayne Boulevard, Suite 1 100 Miami, Florida 33131 Space Reserved for Clerk FIRST MODIFICATION TO DECLARATION OF RESTRICTIVE COVENANTS This First Modification to Declaration of Restrictive Covenants (the "Modification") made this 1Rday of August, 1998, by Tibor Hollo, and individual, Synchron Parking Systems, Inc. a Florida corporation, and Miramar Apartments, Ltd. (jointly hereinafter referred to as "Owner"), in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter referred to as the "CITY"). WHEREAS, the Owner holds fee -simple title to certain Property in the CITY, located at 1744- 1756 N. Bayshore Drive, 1783-1795 N.E. 4' Avenue, and 407 N.E. 17 Terrace, Miami, Florida, and legally described as: LOTS 5,6,7,8,9,10,11 and 12, Block 8, MIRAMAR SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, at Page 4 of the Public Records of Dade County, Florida and now known as: LOTS 6,7,10 and 11, Block 8, MIRAMAR SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, at Page 4 of the Public Records of Miami -Dade County, Florida; and LOT 1, Block 1, SEAPORT SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 149, at Page 79 of the Public Records of Miami -Dade County, Florida; and LOT 2, Block 1, SEAPORT SUBDIVISION, according to the Plat thereof, as recorded In Plat Book 149, at Page 79 of the Public Records of Miami -Dade County, Florida. (the "Property"); and WHEREAS, the Owner has previously voluntarily entered into that certain Declaration of Restrictive Covenants, dated the 20`h day of September, 1995, and recorded in Book 17498, Page 1788 of the Public Records of Miami -Dade, Florida (the "Declaration"), which Declaration covered the Property; and WHEREAS, the Declaration set forth Synchron Parking, Inc. as an owner, the correct spelling of which is Synchron Parking Systems, Inc. WHEREAS, the Declaration allows for the amendment of the same, as to any portion of the Property as follows: "by written instrument by the then owner of the fee -simple title to the land to be affected by such modification, amendment or release, providing the same has been approved by the City of Miami Commission after public hearing ... the Director of the City's Planning Building and Zoning Department or his successor shall execute a EXHIBIT "A" 9 g- 808 written instrument in recordable form effectuating and acknowledging such modification, amendment or release."; and WHEREAS, the City of Miami Commission, on October 28, 1997 held a public hearing during which the City of Miami Commission approved by Resolution No. 97-763 (the "Resolution") the that the owner portion of the Property to wit: LOT 1, Block 1, SEAPORT SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 149, at Page 79 of the Public Records of Miami -Dade County, Florida (the "Modified Portion"), shall be entitled to construct 471 residential units thereon, which Resolution modifies the Declaration; and WHEREAS, Owner is desirous of modifying the Declaration pursuant to the Resolution as approved by the City of Miami Commission: NOW THEREFORE, the in consideration of the mutual covenants herein contained, the Resolution, and the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following amendment to the Declaration shall be deemed to be a covenant running with the land binding upon the Owner of the Property, and its heirs, successors and assigns as follows: Section 1. The recital and findings set forth in the preamble of this Modification are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Declaration is hereby modified to change the name of the owner from Synchron Parking, Inc. to Synchron Parking Systems, Inc; and Section 3. Section 2 of the Declaration is hereby modified to read as follows: The principal use of the Property shall be for residential development consisting of two towers containing 274 and 436 471 residential units and a third tower consisting of either a hotel or a residential building, containing 404 units. Section 4. Except as herein modified, the Declaration shall continue in full force and effect, and each of the terms and conditions therein set forth, not inconsistent herewith, are incorporated herein by this reference and remain applicable to the Property. Section 5. This Modification shall be filed of record among the Public Records of Miami -Dade • County, Florida, at the cost of Owner. IN WITNESS WHEREOF, the undersigned have set their hands and seals the LAay of August, 1998. Synchron Parking Systems, Inc By: j—� Louis Baron, President Miramar Apartments, Ltd., a Florida limited partnershi i ar Apartments, Inc., its Gen r By: Phi Dahan, Vice President The City of Miami Planning, Zoning and Building Department By: STATE OF FLORIDA } COUNTY OF MIAI-DADE } , Director The foregoing instrument was acknowledge before me this _ Qrday of August, 1998, by Tibor Hollo, who is personally known to me or has produced as identification and who did (did not take an oath. Sworn and Subscribed to before me this LL day of August, 1998. E CIAL THLEEN CRO(�n'UBLIC STAVE OF FI.JRiDrWION �O CC71.3t t'? ! (Signs a of Notary Public -State of Fl da)�IiSSI�"7' E-P KATHi.EEN CROGAN (Print, Type or Stamped Commissioned Name of Notary Public) STATE OF FLORIDA } COUNTY OF MIAI-DADE } 1W The foregoing instrument was acknowledge before me this day of August, 1998, by Louis Baron, President of Synchron Parking Systems, Inc. who is personally known to me or has produced as identification and who did (did not ) take an oath. 7-At Sworn and Subscribed to before me this/ 0 day of August, 1998. 0-'� =MYCOMNIISSION ALNOTARYSF�— (Signat re of Notary Public -State of Flor' ) LEFN CROC>AN LIC STATE OF FLORIDA t 3�i• SION NO CC713063 EXP FFB.26.2002 (grintjy_pe or Stamped Commissioned Name of NotaryPublic) 9 -- 808 STATE OF FLORIDA } COUNTY OF MIAI-DADE } m The foregoing instrument was acknowledge before me this �t day of August, 1998, by Philip Dahan , Vice President of Miramar Apartments, Inc., as sole General Partner of Miramar Apartments, Ltd. who is personal ly known to me or has produced as identification and who did (did not ) take an oath. OFFICIAL NOTARY SEAL KATHLEEN CROGAN NOTARY PUBLIC STATE OF FLORIDA C,.OMMLSSION ti0 CC713063 MY CO'�4ti1ISSION EXP. FEB. 26,2M STATE OF FLORIDA } COUNTY OF MIAI-DADE } rrr Sworn and Subscribed to before me this day of August, 1998. Signadare of Notary Public -State of FI ATFII.EEN CIRJGAN Print, Type or Stamped Commissioned fame of Notary Public) The foregoing instrument was acknowledge before me this day of August, 1998, by , Director of the City of Miami, Planning Zoning and Building Department who is personally known to me or has produced as identification and who did (did not ) take an oath. Sworn and Subscribed to before me this _ day of August, 1998. (Signature of Notary Public -State of Florida) (Print, Type or Stamped Commissioned Name of Notary Public) a. 9 8 - 8 0- 8