2009-03RESOLUTION NO. 2009-03
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE A
RELEASE OF RESTRICTIVE COVENANTS AND A
RELEASE OF UNITY OF TITLE IN THE FORM ATTACHED
TO THIS RESOLUTION CONCERNING PROPERTY
KNOWN AS "BAGEL COVE PLAZA" AT 18955-19001
BISCAYNE BOULEVARD, CITY OF AVENTURA, MIAMI-
DADE COUNTY, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS the applicant, GWP Aventura Land, LLC, by and through Application
No. 01-MRC-09 has requested a release of restrictive covenants recorded in 1986 and
1991 and a release of unity of title recorded in 1978 affecting site development plans
approved by Miami-Dade County prior to incorporation of the City of Aventura; and
WHEREAS the City Commission, through Resolution No. 98-41 adopted on May
5, 1998, approved a site development plan for this property and provided that all
previously approved site plans were superseded by this approval; and
WHEREAS the City Commission heard, reviewed and duly considered the
reports, findings and recommendations of the City Administration, and finds that the
release of the restrictive covenants and the release of the unity of title is in the best
interests of the citizens of the City of Aventura.
Resolution No. 2009-03
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute a Release of Restrictive Covenants recorded in Official Record
Book 13031 at Page 1211 and in Official Record Book 15059 at Page 129, of the Public
Records of Miami-Dade County, Florida, and to execute a Release of Unity of Title
recorded in Official Records Book 10212 at Page 1660 of the Public Records of Miami-
Dade, Florida, in substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the Releases described in Section
1. above and to carry out the aims of this Resolution. The applicant shall record the
releases at its cost and expense.
The foregoing Resolution was offered by Vice Mayor Joel, who moved its
adoption. The motion was seconded by Commissioner Holzberg, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
yes
yes
yes
absent from the room
yes
yes
yes
Resolution No. 2009- 03
Page 3
PASSED AND ADOPTED this 13th day of January, 2009.
d
,.-8USAN GOTTLIEB, MAYOR
ATT
:SA M. SOR¢~CA, MI~C
CLERK l ~
APPROVED~AQS TO LEG L SUFF~fci€NCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City~lerk t~s ~/day of January,
2009.
CLERK
RELEASE OF
DECLARATIONS OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENTS: The undersigned representative
of the City of Aventura, a political subdivision cf the State cf Florida, by the authority of
City of Aventura Resolution No. 98-41 adopted on May 5, 1998, hereby release the two
Declarations of Restrictive Covenants recorded in Official Record Book 13031 at Page
1211 and in Official Record Book 15059 at Page 129, respectively, of the Public
Records of Miami-Dade County. Florida, relating to and pertaining to the property
described in said Declarations of Restrictive Covenants being located in the City of
Aventura, Miami-Dade County, Florida_
All terms, conditions and provisions contained in the aforementioned Declarations
of Restrictive Covenants are hereby released and canceled.
SIGNED AND SEALED this day of .2008.
CITY OF AVENTURA
WITNESSES:
(signature)
(printed name)
(signature)
(printed name)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
ACKNOWLEDGED before me, a Notary Public, this day of ,
2008, by [ ]who is personally known to me or (]who
produced as identification.
Signature ofNotan~ Public
(Printed name of Notary Public)
RELEASE OF
UNITY OF TITLE
KNOW ALL MEN BY THESE PRESENTS: The undersigned representative
of the City of Aventura, a political subdivision of the State of Florida, releases the
UNITY OF TITLE recorded in Official Record Book 10212 at Page l 660 of the Public
Records of Miami-Dade County, Florida, relating to and pertaining to the property
described in said UNITY OF TITLE being located in the City of Aventura, Miami-Dade
County, Florida.
All terms, conditions and provisions contained in the aforementioned UNITY OF
TITLE are hereby released and canceled.
SIGNED AND SEALED this day of , 2008.
CITY OF AVENTURA
WITNESSES:
(signature)
(printed name)
(signature)
(printed name)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
ACKNOWLEDGED before me, a Notary Public, this day of ,
2008, by [ ]who is personally known to me or [ ]who
produced as identification.
Signature of Notary Public
(Printed name of Notary Public)