98-008 RESOLUTION NO. 98-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AMENDED
DECLARATION OF RESTRICTIONS FOR HIDDEN BAY,
HIDDEN BAY II, AND SUMMIT PROPERTIES BY AND
BETWEEN THE CITY OF AVENTURA AND HIDDEN BAY
ASSOCIATES, HIDDEN BAY ASSOCIATES II AND
SUMMIT PROPERTIES PARTNERSHIP, L.P.;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute an Amended
Declaration of Restrictions for Hidden Bay, Hidden Bay II and Summit Properties by
and between the City of Aventura and Hidden Bay Associates, Hidden Bay Associates
II and Summit Properties Partnership, L.P.~ in substantially the form attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Resolution.
Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember Rogers-Libert, who
moved its adoption. The motion was seconded by Councilmember Holzberg, and upon
being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Resolution No. 98-08
Page 2
Councilmember Harry Holzberg ,/es
Councilmember Jeffrey Perlow ~,es
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin ~,es
Mayor Adhur I. Snyder yes
PASSED AND ADOPTED this 6th day of January, 1998.
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CllP'ATTORNEY
EMS/tms
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T~s in~mment oreuare~ ~:
Clifford A. Sehuim~ Esq.
~eenberg, Traufig, et aL ~SR'.4:~&~,~ 199~ O,'f ~
1221 Bdckcll Avenue
~, Flodda 33131
AMENDED DECLARATION OF RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS. that HIDDEN BAY ASSOCIATES.
aFlodda general parmership ("I-Edden Bay"), HIDDEN BAY ASSOCIATES II, a Florida
general partnership ("Hidden Bay II"). and SLUvLMIT PROPERTIES PARTNERSFLIP,
LP., a Delaware limited partnership ("Summit"), being the owners, or having some right,
title or interest in the following described property (the "Prope~xy"), lying, being and
situated in Aventura (the"City"), Dada County, Florida, to wit:
SEE ATTACHED EXHIBIT "A" (as to Hidden Bay and Hidden Bay 11)
SEE ATTACHED EX~IIBIT "B' (As to Summit)
WHEREAS, during consideration of Public Hearing Applications Nos. 91-760 and
8%817, GLENDALE FEDEP. AL BANK, FEDERAL SAVINGS BANK, ("Glendale"), as
predecessor in title to the Property, proffered to the County certain "Declaration of
Rastrietions" that appea~s of'record in Ofti¢ial Records Book 14896 at Page 1484 (the
"First Declaration") and Official Records Book 16301 at Page 2303 (the "Second
Declaration") and ~aid approvals were granted and Declarations accepted through the
enactment of Dade County Commission Resolutions Z-15-91 and Z-110-92; and
WHEREAS, as part of the First Declaration, Glendale was required to dedicate a
perpetual easement to the County for a Park Site and to undertake other obligations
regarding ~aid Park Site. and a description of the Park Site is included herein as Exhibit
"C" and referred to herein as the "Park Site"; and
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ors. I~? '
,.,_96e 4459
WHEREAS. subsequent to the acceptance of said Declarations. the City was
created and the Property now lies within the City and the Cky has assumed municipal
control over the functions of zoning, plan.'~n$ and building permit issuance; and
WHEREAS, subsequent to the creation of the City, the Property has been sold by
Glendale to Hidden Bay and Hidden Bay II; and
WHEREAS. Hidden Bay II is the ovmer of the Park Site; and
WHEREAS, the facts and circumstances regarding certain of the obligations
underlaken by Glendale and Hidden Bay, Hidden Bay II and Summit (as G[endaie's
of the creation of the City: and
WHIEREAS. the City has requested that Hidden Bay, Hidden Bay II and Summit
revise the Declarations in order to account for these changed conditions and needs of the
City including the development by the City of an adjacent parcel of property for the City's
use as a park site (City Park Site); and
WHEREAS, Hidden Bay, Hidden Bay I1 and Summit have agreed to cooperate
with the City and to make and enter into this Amended Declaration ofl/.estrictions
covering and rumng with the Property:
(1) Except as specifically noted herein, any and all commitments and
provisions o£the above-noted Declarations shall remain in thll force and effect.
Nothwithstanding any other term hereof, upon compliance with the terms hereof, Glendale
shall be released from any and all responsibilities or liabilities arising directly or indirectly
out of the First and Second Declarations
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(2) Paragraph 3 ortho First Declaration ia hereby rescinded in its erlfirety I n
its place and stead, the following shall be substitmed-
"3. Park Si.re Contribution, In recognition of the
fact that the subject property will create a need for a park site.
GLENDALE FEDER.M- BANK, FEDEILM. SAVINGS BANK
has already identified by plat and established by easement deed a
paxk site (the "Park Site") with a perpetual easement pe.,waitting
access, use arg enjoyment by the general public of the Park Site.
That easement deed is recorded at Official Record Book 16447 at
Page 3807 of the Public Record of Dado County, Flodda. It is
anticipated that the City will request, and the County will permit,
as a condition precedent to the conveyance of the Park Site by
Hidden Bay ri, the conveyance by the County of all of its right,
title and [merest in the Park Site to the Cily. Upon recordation of
the Special Warren .ty Deed described below. Cay's interest and
estat~ under the easement deed conveyed from the County and
under the Special Warranty Deed from Hidden Bay shall merge
and the easement deed shall be extinguished and released in favor
of the Special Warranty Deed. 'fhe City now wishes to receive,
and Hidden Bay 1[ wishes to donate, fee simple tide to the Park
Site in lieu of the perpetual easement noted above, but without
Hidden Bay, Hidden Bay I1 or Smnmit losing any land use rights
and/or development fights that they may have outside oflhe Park
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:18296 I446 I
Site or except as other-Mse set toni] herein, including, w~thout
limitation, calculations pertaining to compliance with density, open
space, setbacks, etc. To that end, Hidden Bay Il, with the consent
of'Hidden Bay and Summit, does hereby agree to donate and
convey marketable and insurable fee simple title to the City of the
Park Site by Special Warranty Deed, but subject to the following
conditions:
a.) Prior to delivery to City of the Special Warranty
Deed of conveyance of'the Park Site, City shall acknowledge in
recordabie form that the conveyance of fee simple title to the City
will not divest Hidden Bay, Hidden Bay 11 or Summit of any of the
land use and development fights and entit[emects (outside of the
Park Site) with ragas'ds to the Park Site or an), other property
owned by H~dden Bay, Hidden Bay Il or Summit and that were or
which may be granted under applicable zoning ordinances of' the
County and/or City and/or by Resolution Nos. Z- 15-91 and 2'. I 10-
92 or the Code of Metropolitan Dada County or the Ordinances of
the City, including, but not limited to lot size, lot lines, building
lines, or for purposes of calculating required open space, floor area
ratio, setbacks, density, use of'the Park Site or other proper~y for
signs approved by the City, etc.. In the event, for whatever the
reason, the conveyance of the Park Site results in any
interpretation or ruling that Hidden Bay's. }ridden Bay ll's or
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187_96, 446'Z
Summit's land use and/or development rishts, as noted above, and
as established by said Resolutions, Codes or Ordinances are in
a~yway eliminated, diminished, reduced or changed, then and in
that event the City hereby agrees, by aceeptmce hereof and of the
Spe¢ia~ Warranty Deed to the Pa~k Site, that it is and will be
estopped ~Tom enforcing any such Resolution, Code, Ordinance or
policy. Prior to any conveyance of the Park Site to the City,
Hidden Bay II shall obtain, at its sole cost and expense, the release
and/or modification of any Covenants Running with the Land in
Lieu of Unity of Title or Unities of'Title that may bind the Park
Site to any other properties
b.) The conveyance of the Park Site to the City shall be
conditioned upon the City constructing and utilizing (initially and
on a continukng basis) said Park Site in substamial accordance with
that certain site plan entitled "Founder's Park, City of Aventura,
Florida" (the "Park Plan"), prepared by O'Leary Design
A.qsociates, P.A., dated October 2, 1997, and consisting et'one (1)
sheet, a copy of' which is attached hereto and made a part hereof
by reference. The City agrees that any and all changes in the
permanent or recruring uses oflhe Park Site or the intensity of
uses proposed For the Park Site, either through the construction of
additional facilities, addition oDtlght lighting, or the conduct of
permanent or recurring activities ora more active nature than
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4463
shown on the Park Piton, or other similar changes or increases in
~idden Bay, I~idden Bay H, Summit a.-,d Glendale (for as long as
which approval may be withheld ,in their sole and unlimited
Declaration, this right of approval shall only inure to the benefit of
its remaitfing property), and shall terminate, as to Hidden Bay,
landscape plal~s, lighting plans, construction plans and site plans
intensity of uses as shown on the Park Plan and the City hereby
on the Conceptual Master Plan. for the Park Site activities and
improvements, Hidden ]5ay, Hidden Bay II, Sumrrfit and Glendale
~:~..,:,.. ,:
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shall be notified of any such proposed chanses, prior to installation
or initiation, and the City shall, in good faith, take into
consideration the suggested changes made by Hidden Bay, Hidden
Bay 1I, Summit and Glendale in these regards.
c.) The general public's fight to use and enjoy the Park
Site shall be lin~ted to the standard operational hours for parks as
set forth from time to time by the City and the operation of the
park shall be consistent with and subject t6 the City's rules and
regulations as may be amended from time to time. HJddan Bay,
I':lidden Bay II sad Sumnfit understand that it is the intent of the
City to operate the Park Site only durln8 daylight hours on a
regular basis, with occasional (not more than 6 per year) events
during the evening hours. At all times that the Park Site is in
operation, City agrees by acceptance hereof, to operate and
maintain (or cause to operated and maintained if the operations are
accomplished or allowed by third paaies, with City permission) the
Park Site and any operations or activities conducted therein in
accordance with all applicable laws, roles, regulations, and
ordinances dealing w/th lighting, noise and nuisance. The
operational hours and public use shall be noted by proper signage
on the Park.
d.) The general public's fights to use the paved road
access through the Park Site shall be limited to the standard
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operational hours for parks set by the City until the conveyance of
the Park Site and the roadway which is a part thereof lo the City.
e) The rights of the current and fmure owners of the
Property, their successors and/or assigns, their tenants, licensees,
invilees, guests, agents and employees to use the paved road
access through the Park Site shall not be subject to the limitations
set forth in subparagraph "d.)" above.
f.) In consideration of Hidden Bay ll's conveyance of
the Park Site in fee simple and the value of said Park Site and
except as set forth herein, any and all obligations of Hidden Bay,
Hidden Bay 11, Summit, Glendale and Marina Del Rey
Association, Inc., dealing with any financial or other obligations
including, but not limited to, construction, installation, operation,
repair and/or maintenance of the Park Site, its signage, ulillties
therefor, and/or any road access thereto, whether created by
agreement, declaration of restrictions, deed, covenant or law, shall,
by acceptance of tiffs Amended Declaration by the City and
delivery to City of the aforesaid Special Warranty Deed, be
released and are hereby determined to be null and void and of no
~rther tbrce and effect ~-nd by acceptance hereof, the City does
hereby agree to execute or obtain such other documents and/or
releases as may be reasonably requested by the undersigned to
further evidence this release of obllgations and nullification of'any
8
I~.
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such prior obligations· A~.er the conveyanc~ of fee title to the Park
Site to the City. any and all obligations regazding the construction.
installation, repair, operation and maintenance of the Park Site and
road access through the Park Site shall be sorely the duty and
responsibility or,he C~ty and the City shall, to the extent permitted
by applicable law and as a condition of the receipt of said tee
simple deed. a~ee to indernni~' and hold Eiddea Bz.y. Hidden Bo3
il. Sumndt. Glendale and the Marina Del Rey Association. Inc.
harmies~ fi.om and against any and ail responsibilities, liabilities or
claims, costs and expenses ( nc ud rig. w trout limitation, legal fees
a~d court costs at trial and ail appellate levels) regarding or arising
out of the condition (physical and/or envitonmeatal)of the Park
Site and access ways thereto and dating gore the date of the
perpetual paxk site easement deed noted above and recorded at
Official Record Book 16447 at Page 3807 of th: Public Record of
Dade County. Florida. Such indemnification and hold harmless
shall include, as wetl. any and ail damages to persons or property.
including without ILmitation inju~ or death to persons, that may
arise at any time subsequent to the perpetual park site easement
deed noted above, whether or not said condition that caused the
damage or injury existed prior to the conveyance, so long as not.
hereafter, caused by Hidden Bay. Hidden Bay Il. Summit or
Glendale. The conveyance of the Park Site to the City shall be in
9
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an "as is", "where s" condit on, including, without ]imitation, the
en~ro~ent~ status of the P~k Site. The City acknowledges and
agrees ~at ~dden Bay, ~dden Bay Ii, Summit and Glendale have
not made ~y representation or w~anIy about the condition
~hysial ~or en~ro~ental) of th~ Park Site ad any
aeces$ways thereto or therein, excap; thai such pmles have
li~ility arising from the eondilion of~he Park Site or accessways
g) Su~it shall pay a one ~ime cash comdbution of
Two Huadr~ Seven~ Seven Thousand Two Hundred Eighw Five
($277.285 00) Doll.s to the Cily for City's use in the construction
or installation of the P~k Site and road access thereto. S~d one
time c~h contribution sh~l be in lieu of any other pa~ents due ~o
the City ~or any other gove~ent~ entity by ~dden Bay,
~dden Bay H, Summit, Glendale and ~he Marina Del Key
~sociatio~ Inc., and that ~e identified as Park Impact Fees or
~e in ~y other way related to the Pgk Site or ~y P~k
requirements with respect to the properly owned by ~dden Bay
II, either under ~d pursuit to Chapter 33H of the Code of
of the Ci~, w~ch deals -~th obligations for the provision of public
pgk facilities ~d dealing with the obligation for the provision of
public p~k facilities. Said one time cash contribution shall be
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:18 967[:4468
made by Summil upon the earlier of (i) the issuance of a full
building permit (not foundation permit) for Phase I of the
residentla~ development on Hidden Bay's portion of the Proper~y
or (ii) the outside date for such payment established under that
certain ur~recorded Agreement (Regarding Termination of
Agreement to Const~ct Park Improvements) made by and among
the City, Summit, Hidden Bay. Hidden Bay II and Weiss, Scrota
& Helfraa_n, P.A. as escrow agent. Said payment shall be further
conditioned upon the City receiving fi'om Dada County a release
or nullification of that certain "Agreement For Con~ractlon of
Public Park Improvements In-Lieu-Df-Payment of Keqnired Park
Improvement Impact Fees" entered into between Dada County and
Summit, and release of the Cash Performance Bond for Public
Park Improvemenls subn~itted to and being held by the County in
conjunction therewith. Said release and/or nullification shall be in
a fo~xx~ reasonably acceptable to Surrunit.
h.) Hidden Bay il shaIl: (i) pay a!l costs of recording of
the aforesaid Special Warranty Deed; (ii) furnish City with a
lien" afl~davit; (iii) escrow an:,, prorated taxes and satisfy any
outstanding ad valorem taxes; (iv) f~rnish a current (within 30
days) opinion oftltie showing marketable and insurable title to the
Park Site; (v) pay document&fy stamp taxes, if any, on the Special
Warranty Deed. As to said documentary stamp t~.xes, the panics
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182967t'4469
recogrfize and agree that the interest in land being conveyed to the
City, in light ofthe existing perpetual easement deed, is ofnomlnal
or no value whatsoever. City agrees, by acceptance hereof, that in ,
the event it is determined by appropriate governmental agencies
that said transfer value is other than that declared at the time of
recording of the Special Wamanty Deed, that City will indemni~*
and hold Hidden Bay I1 harmless from any determination of'excess
liability for the amount of said documentary stamps.
(3) Paragraph 4 of the First Declaration shall be rescinded in its entirety and is
of no further forae and effect.
(4) Paragraph 7 ofthe First Denlaration shall be rescinded in its entirely and is
of no further force and eft'eat provided that Dada County Public Works Department and
the engineer of record acknowledges, in writing, that the road improvements noted
requirements of the First Declaration, except for the completion of the sidewalk on N.E.
190°~ Street.
(5) Agtreement for Road Imorovements In lieu of an), other requiremenls
that may exist by resolution, declaration, agreement, deed, covenant or otherwise
involving any responsibility for the consm~ctlon, installation, operation, mainte.,,anee
and/or repair ofNE. 190us Street, Hfidden Bay hereby agrees, to pay to the City the sum
of F0ur Hundred Thousand ($400,000) Dollars for the C y s use n the des~n, plenmng
and construction of the landscape and lighting road improvements to N.E. 190's Street in
substantial accordance with the landscape and lighting road improvements shown on the
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190°~ Slrcet Road Improvement Plan "] 90a' S~reet P[a~", prepared by O'Leary Design
Associates, P.A and dated the 14e' day of November. 1996. City hereby agrees, by
acceptance of the Amended Declaration, to complete construction of the 190t~ Street
Plan within 24 months ortho dale hereof. The payment of this donation shah be made to
the City in two equal installments: the first installment being due at the time of issuance
of the full building pertnit for Phase I on Hidden Bay's portion ortho property and the
second installment being due at the time of issuance of the full building !~ermit for Phase
11 of thc residential development proposed for Hidden Bay IFa portion of the Property.
The full amount shall be due and payable no later than August 3 I, 199g. The City shall,
to the extent p~nmitted by law, statute or ordinance, grant and/or recommend an impact
fee credit to Hidden Bay or Hidden Bay I! for the $400,000 noted above and the City
stlall, in good faith, cooperate with Hidden Bay or Hidden Bay II for seeking such credit
from any other affected governmental agency or entity w~th jurisdiction to grant such
credit other than the City of Aventura. To that end, the City shall execute and deliver any
and all documentation that may be reasonably requested by Hidden Bay in conjunction
with seeking such a credit. Failure to obtain any or all of said amount as a credit shall not
affect the obligation of Hidden Bay hereunder.
(6) As may be penrfitted by law, and by acceptance hereof, the City hereby
agrees to allow Hidden Bay and Hidden Bay Il ta receive its partial foundation building
permits for Phases I and I1 of its residential development on the Property without the
payment of any applicable impact fees that are within the direct or indirect control of the
City to assess and/or collect. Hidden Bay and Hidden Bay II shall be responsible,
however, for the payment of any required building permit fees (not impact fees) in
io
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¢[[: 18296,"r44T 1
conjunction with the issuance of any such partial foundation permits Payment of any
such impact fees shall be required at or before the issuance ocs full building permits for
Phase I and Phase II of t he proposed residential developments and shall he based on the
number of residential units for which the each full permit is sought.
Any and all provisions of the First Declaration or Second Declaration that reposit
authority for modifications, amendn~ents, enforcement, or any other form of
governmental approval that was formerly under the jurisdiction of Metropolitan Dade
County shall, hereafter, be deemed to have been modified so that any such governmental
authority is construed to be reposited in the City and their respective Manager and/or
Departments and/or Bom'ds or Agencies with jurisdiction thereover, under the
appropriate terms oflhe City's Charter and Code of Ordinances,
(7) These restrictions during their lifetime, as set forth in the First
Declaration, shall be solely for the benefit of, and limitation upon, all present and future
owners of the Property and the City itself and no other person or party whatsoever. This
Amended Declaration on the part of Hidden Bay. Hidden Bay Il and Summit shall
constitute a covenant running w/th the property and may be recorded in the public
records of Dade Count,,, Florida and shall remain in full force and effect and be binding
upon and inuring to the benefit of l-tidden Bay, Hidden Bay Il, Summit and Glendale, and
their successors in title and their respective assigns uatil such time as the same is modified
and or released by the parties and the City. Any reference in this Amended Declaration
to Hidden Bay, Hidden Bay II, Summit and Glendale shall include their successor~ in title
and its respective assigns, as applicable, unless otherwise specified.
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(8) In all other respects, other than as specifically modified herein, the
provisions of the First Declaration and Second Declaration shall remain in firil force and
effect.
(9) Noth~Athstandin8 any other provision of this Amended Declaration.
acceptance of the terms hereof by the City. and the recording of this Amended
Declaration being evidence thereof, shall result in the release o£any and all obligations of
Hidden Bay. Hidden Bay 11. Summh and Glendale. their predecessors in title and
suc~ssors in title, as they relate in any.z, ay to the Park Site. except as othep, vise set forlh
specifically herein.
(t 0) Notices. All notices required or desired to be given under this A~nended
Declaration shall be in writing and shall be deemed given ,...'hen either delivered
personally or deposited in the United States mail. certified mail. postage prepaid, return
receipt requested, to the pm'ties at the t'ollowing addresses, or such other addresses as
hereinM'ter indicated by appropriate written notice.
lfto Hidden Bay I: c/o The Fidelco Group
225 iMillbum Avenue, Suite 202
Millburn, New Jersey 07406
Arm: Marc Borsch
If to Hidden Bay II: c/o The Fidelco Group
225 Millbum Avenue. Suite 202
Millbum, New Jersey 07406
Attn: Marc Borsch
!ftc Glendale: Glendale Federal Bank. FSB
121 West Lexington Drive, A-M
Glendale, California 91203
Arm: Ronald L. Spinoglio, VP
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.
~r~. ~'I
,Ec. 18296,44/'3
l£to Summit: c/o Summit Properties, Inc.
212 South Tryon Street, Suite 500
Charlotte, North Caxolina 28287
Arm: Keith Downey
If to City: City of Aventura
2999 N.E. }91st Street, Suite 500
Aventura, Florida 33180
Arm: City Manager
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,, .187_.98 44T4
As ~ellc
( t mead Marir~a Del Rey Co¢.) Title: ~c
STATE OF FLORIDA )
) SS:
COU'NTY OF ~
BEFORE ME. pcrsonally appcarcd JOHN COLl.[NS. ils
~_, ~*~,,~.~,-, ~ orBELLEMEAD MARINA DEL REY CORP.. a Delaware
co¢omtioa, a general pumlcr of HIDDEN BAY ASSOCIATES. a Florida genera[
pannership, who acknowledged that he'she has executed dna foregoing on behalf oF thc
above described co~oration aM pannership.
WITNESS my hand fllis /~ dayof__~ ._, 19<~
PUB LIC_~¢a a, large
NOTARY
Prim Notary ~~
My Commission Expires:
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Signed in the presence o1' BY: WESTMINSTER FIDELCO I IAMITED
/ PARTNERSHIP. a Florida I imhcd
.... · parma,hip, genc~l partner
Name: ~)~shnin~r Fide[co. I..L.C,
/ C~ary Saul
(As t~ Westminster Fid~ General Pamner
STATE OF
)SS:
COUNTY OF
BEFORE ME, personally appeared ~SL.~.! ~ ~,.,.l:~ .a ,as
eof WESTMINSTER FI DELCO, L.L.C., a New Jersey limited
neml pa~ner in WESTMINSTER FIDELCO I LIMITED
PARTNERSHIP, a Florida limited pa~nership that is a general pa~ner of HIDDEN BAY
ASSOCIATES, a Florida general pa~nership, who acknowledged that he/sbe has
executed the fomgolng on behalf of the above described ibnited liabilily company and
pa~nerships.
SWO~N TO AND SUBSCRIBED before mc this ~day ~ ~ .
NOTARY ~UB~IC, ~ of Florida at Large
Print No~lk N~e:
tS
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Signed in the presence o!' HIDDEN BAY ASSOCIATES IL a Florida
general panncrship
BY: BF. LLEMEAD MARINA DEk REV
CORP. 11. a Delaware co~orafion.
I' ''g";~"&?';~" ~$~neiderman general panner
/..<' ///. · ~y: ~-
/ ~(--"'~,w s.~ s~,: . "-- c .......
(As ~o Bellem~larina ~cl Rey Corp. II) Tille: V~ ~ ~ ~ ~z~ ~ ~ .....
STATE 0F FLORIDA )
) SS:
COUNTY OF ~,~,_~
BEFO~ ME, pemonal[y appeared ~ ~,.~ ~ as
CORP]
W~* ~t~,,d~ m of BELLEMEAD MARINA DEL REY II, a
D~lawam co~oration, a g¢neral panner of HIDDEN BAY ASSOCIATES II. a Florida
gene~l p~nership, acknowledged that he/she has executed lhe foregoing on b~hal fo~ the
abov~ d¢sc~bed co~oralion and pa~nership.
Witnessmyhand,his ,'~ dayof
f Yy
My Commission Expires: ~~_
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SJ~ned in die presence of BV: WESTMINSTER FIDEI.CO II LIMITED
PARTNERSIIIP. a Florida limited
By: \Vcstminstcr Fidelco IL I .L.( . :~
Nc~ Jersey limited liabilil5 cmnpany.
(As to Wcstmin~Fidclco Il Limited Xa,llc: ' ~:. ~5x,~--}2}~~
Pannersbip) ~ Fitle:):~t. n~j;n~ ~.~ . _
STATE OF ,CC )
I SS:
COUNTY OF ~.~.~.,.~.
of WESTMINSTER FIDELCO Il. L.L.C., A Nc,.,.' Jersey lircdtcd liabiliI? company thai
is the sole general panner is WESTMINSTER FIDELCO 11 LIMITED PARTNERSItIP.
a Florida limited partncrsl',ip, a get, era[ parmcr o£HIDDEN BAh' ASSOCIATES II, a
Flor/da general partnership. ',','ho acknowledged that h¢'shc has csecuted Ibc Foregoing
on behal£of the above described company ami partnerships
SWORN TO AND SUBSCRIBED bolero mc tills
- ~./ / × ·
--- 4 /"/
NOT:\RY P LIC. Sta lorida at kal'ge
Print Nolary ~'ublic Nan',e:
My Comnfission Expires: ~ '~;~~
20
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Signed in the presence of SUMMIT PROPERTIES PARTNERSHIP,
L.P., a Delaware limlt~d parlnership
BY: Sum,~.'t Prope,nies, ~v~:., a Maryland
. ?i../~,'A ./ ...///,-,.'".~ /
t ,JUclXth A. McLeod Title: ~
STA~ O~: ]/d,~d.
) SS:
CO~Y OF/~ )
of S~t Prog~ie~ ~., as general partner of SU~T PROPERT~S
P~R3~, L.P., a Dela~ ~ted p~a~s~p, who ac~owl~ged ~hat h~sh~
~ ~ut~d th~ foregoing on bahflfof~e a~v~ described eo~orarion ~ p~ners~p.
~wo~ ~o ~ s~s~ ~o~ m~ ,~ ~Z
1998.
LIC, ~tam of
~dnt Nota~ Public
..... ,,...% ~3y C~.....t..,.n E,.:E~reS luly
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,A~proved and accepted by City of Aventura, a Florida municipal corporation on
this /o day of ]~ ~'A , 1998
CITY OF AVENTURA, a Flodda municipal
CityAttomey David M. Wolpin
STATE OF FLOR[DA )
) SS:
COUNTY OF M~AMI-DADE )
~r,'c
Joro~
BEFORE ME, the undersigned authority, personally appear, ed
and "ff'er~3-- 3,,~;-{'~ respectively the City Manager and City ~t-~e ~'~
OF AVENTUR,~ a Florida municipal corporation, who a¢'knowledged that they have
executed the foregoing instrument on behalf of the City and who are personally known to
me or produced Florida driver's licenses as identification.
Witness my hand this /O '~day of ~ af~.~ , 1998.
N~'~.g~y¥ L~L~C~ g't a~t ~o~F loft da
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EXI41BIT
_I_EGALDESCRIP~Iq ON
.[tidden Bay Associates Prooert~,:
All of Tract L and that portion of Tract R of the Plat of MARINA DEL REY REVISED,
according to the plat thereof :xs recorded in Plat Book 144 at Page 89 of the Public Records
of Dade County., Florida, ali being more paHicu!nriy described as follows:
Begin at the northeast corner of said Tract L; the folloMng three (3) courses being along
the exterior line of said Tract R; (1) thence N 04°01'24" E for 28,00 feet; (2) thence
N 47°41'gT'W for 100.00 feet; (3) thence S 87'35'46"W for 563.78 feet; thence
S 02~24'14" E along the northerly extension of and the westerly line of said Tract L for
142.72 feet; thence S 22°29'53" E_ along the westerly llne of said Tract I for 27.25 feet;
thence $ 670'30'56`' W for 176.19 feet; thence $ 22'30'06' E for 472.21 feet to the south ILne
of said Tract R; thence N 87°30'00'' E along the south line of said Tract R and Tract L for
561.00 feet; thence N 04001'24.' E along the east line of said Tract L for 576.77 feet to the
POhNT OF BEGINNING.
Hidden Bay Associates II Pronert~v~:
Tracts Q, P and S of the Plat of MARINA DEL RE¥ RE\qSED, according to the plat
thereof as recorded in Plat Book 144 at Page 89 of the Public Records of Dade Count',.',
Florida.
AND
Ail of Tract M and that portion of Tract R of the Plat of MARINA DEL REY REVISED,
according to the plat thereof as recorded in Plat Book 144 at Page 89 of the Public Records
of Dade County, Florida, all being more particularly described as follows:
East I/4 corner of Section 3, Township 52 South, Range 42 East; thence S 87~35'46" W
along the No:th line of said Tract R for 563.78 feet to the POII~'T OF BEGINNING of the
hereinafter described parcel of land; thence S 02'24'14" E along the nortberly extension of
and the westerly line of Tract L of said plat of "Marina Del Rey Revised" for 142.72 feet;
thence S 22~29'$3" E along the westerly line of said Tract L for 27.25 feet; thence
$ 6T30'56" W for 176.19 feet; thence S 2?30'06" E for 472.21 feet to the south line of said
Tract R; thence S 87o30'00.. W along the south line of said Tract R and Tract M for 217.00
feet; the following three (3) courses being along the Southerly amd Westerly line of said
Tract M; 1) thence S 49°46'27'' W for 102,14 feet; 2) thence S 87°30'00'' W for 386.64 feet;
g) thence N 02'24'14" W for 409.97 feet; the follovr',ng five (5) courses being along the
exterior bounda~ line of smd Tract R; 1) thence S 87"35'48" W for 150.00 feet; 2) thence
N02*'24'12"W for 72.00 feet; 3) thence N 87~5'45~E for 150.00 feet; 4) thence
N 0T24'14"W for 253.94 feet; 5) thence N 87'35'46'E for 678.16 to the POINT OF
BEGINNING.
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EXHIBIT
IP ' N
.~ummlt Property_:
Tracts N and O of ~e Plat o[ ~A DEL ~Y REUSED, according to the plat
· ereof ~ recorded ia Plat Book 1~ at Page 89 of the ~blic Records of Dade Count,
Florida.
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EJOIlBIT
P~rk $it~:
Tract Q of thc Plat of MARINA DEL REY REVISED, according to the plat thereof as
recorded ia Plat Book 144 at Page 89 of the Public Records of Dada County, Florida.
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SITE P~N ;.~"'-"'-='-
FOUNDER'R PARK
CI~ OF AVENTURA FLORIDA
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CONSENT OF MORTGAGEE
THE UNDERSIGNED MORTGAGEE (the "Morlgngee'). thc owner and holder ora cerlain
First Mortgage and Security Agreement dated October 29, 1997 and recorded November 3, 1997 in
Officlal Records Book 17852. Page 4936, Public Records of Dare County, Florida, as amended
hareafl~ from time to time, relating to a portion of the real property located in said County and more
particularly described in the above and foregoing Amended Declaration of Restrictions (the
"Declaration"), does hereby consent and agree to the Declaration and acknowledge that the lien of
the mortgage on said property ia aubordinate to the provisions of the Dec]aratlon and that the
Declaration ah,all su~4ve any foreclosure oftbe mortgage or deed in lleu thereof and shall be binding
upon all persons and their successors in title claiming said properly by, through or by virtue of the
mortgage; provided, however, that at no time before the Mortgagee becomes the owner of said
prol~-~y shall this Consent (i) obligate the Mortgagee to perforra any of the covenants of`the parties
to tM l)~;laratlon~ (ii) impos~ any liability on the Mortgagee for any failure by any other person(s)
to p~fform such eovenants~ nor (iii) I~ de~m~t a limitation on the operation or effect of the mortgage
except u specifically set forth in this Consent.
W1TNESS the due exeoafioa hereof on behalfoflhe Mortgagee this ~t~-day
1998 to be effective as of the date of the Declaration.
Signed, sealed and delivered in the GLENDALE FEOERAI~ BANE, F[S,B.
presence of these witnesses:
PfintName: Rajah Put±
STATE OF CALIY0RNIA )
)) ss:
The foregoing instrument was acknowledged b~6 mn this ~q~/~lay or .~(:)O , 199S by
RONALD L. SPINOGLIO a~ ~ce President of G~.-ENDALE FEDE'--'RAL BANKI F.S.B., a federal
savings bank, on behal£ofthe bank. He perkily appeared before me and is personally known to
me or produced a driver's license as idevaffication.
Notary: ................................
[NOTAKIAL SEAL] Print Name:
Notary Public, State of California
My commission expires:
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F:. ' :i. :18295 4485
·CALIF{~RNIA ALL. PURl=OIl ACKNOWLEDGMENT
State ol { '.UI ~f~}l'U~ ...........
~,~ ~l~ ~
Countyof f~; ~ ~ .~, ,. _ ........
pets?ally appeared ~, f~ ~ ~'~ /' "
~ersonatly known to me - OR - ~ proved to me on the basis of satisfactow evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(les), and that by his/her/their
signature(s) on the instrument the person(s),
or the antily upon behalf of which the
person(s) acted, executed the instrument·
- ~ Beverly 8eger
~*.t~t~ c*u,o..,~¢ WITN~S my hand and official seal.
OPTIONAL
CAPACITY CLAIMED B~ S~EN~R BESC~I~0N 0F A~ACHEB
~ PARTNER(S) ~ LIMITED
C A~ORNEY4N-FACT
~ TRUSTeE(S)
........... DATE OF DOCUMENr
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,,,:,:. 187_96'r4486
CONSENT OF MORTGAGEE
THE UNDERSIGNED MORTGAGEE (the "Mortgagee"). tile o~ tier and holder ora co,lain
Mortgage and Security Agreemem dated October 30. IO07 and recorded Noventber 3, 1997 in
O.~cia] Records Book 17855, Page 0179, Public' Records of Miami-Dado County, Florida, as
amended hereafter fi'om time to time. relating to a portion of the real property located in said County
and more parlicularly described in the above and lbregoing Amended Declaration of Restrictions (the
"Declaration"). does hereby consent and agree to cbc Declaration and acknowledge that the lien of
the mortgage on said prope~zy is subordinate to the provisions o£ tile Declaration and that Ihe
Declaration shall suwlve an.). foreclosure of the mortgage or deed in lieu there0£ and shall be binding
upon all persons and their successors ii,, title claiming said property by. through or by virtue of the
mortgage; provided, however, tbat at no time before the Mmlgagee becomes tile owner of said
property shall this Consent (it obligate the Mortgagee to perform an)' off the covenants of t he panics
to the Declaration, {ii) impose any liability on the s, tor~gagee rc, r u nb- fidlurc bv any ~,!hcr persu,l:,l
to peg"om ] such covmtant s, nor {iii) be deemed a limitation on the operation or ~fl'ec { of Ihe mortgage
except as specifically set forth i0 this Consent
WITNESS the due execution hereo£on behalf of file Mortgagee Ihis ~, day of ~.'.
1998 lo be effective as of the date of the Declaration
Signed, sealed and delivered hi the BAYERISCHE HYPOTHEKEN-UND
presence orthese wimesses: WECHS£L-BANK AKTIENG£SELLSCHAFT.
a banking corporation organized undep ct%laws
x the Federal Republic of Germany
STATE OF - ~ '.{ - )
) SS
COUNTY OF ~ '~ )
_ The foregoing lnst~ment x~as acknox,ledged before me ti',].'- . 8ay of ~ ( t':..~1998 by
H~POTI-[EKEi'JLUND WEC~ISEL-BANK AKTIEI'~GESELLSCHAFT, a banking corporation
organized under the laws of the Federal Republic of Germany, on behalf ofthebank, who personally
appeared~'~e~?~-~r~,~ and is personally known lo me or produc;d a driver's license as identification.
~ i 'L-~' ALi Print Name.
~'~' ~.~"?~Lc i Notary PuNic. State of '
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CONSENT OF MORTGAGEE
THE UNDERSIGNED MORTGAGEE (the ",Morlgagee"), tile ovmer and holderofa certain
Second Mortgage and Security Agreement dated October 29. 1997 and recorded November 3. I'-)97
in O£ficial Records Book 17855, Page 0225, Public Records of iVliami-Dade County, Florida,
amended hereaRer fi`om time to time, relating to a ponian of the real property located i~ said County
and mare particularly described in the above and foregoing .&mended Declaration of Restrictions
(the "Declaration"), does hereby consent and a~ee to ~be Declaration and acknowledge that the lien
of the mortgage on said property is subordinate to the provisions of the Declaration and that the
Declaration shall survive any foreclosure of the mortgage or deed in lieu thereotand shall be binding
upon all pe~ons and their successors in title claiming said property by, t*ro ~gh or by virtue of the
mortgage; provided, however, that at no time before the Mortgagne becomes the owner of anid
property shall this Consent ti) obligate the Mortgagee to p~.vfom~ any of the covenants of thc panics
to the Declaration, (ii) impose any liability on the Mortgagee for any failure by any other perann(s)
to perform such covenants, nor (iii) be deemed a limitation on the operation or effect o f the mortgage
except a~ specifically set forth in this Consent.
WITNESS the due execuUon hereof on behalf of the Mortgagee this g~'{'~ day o f ~e~,.o-,z.- ,
1998 to be effective as 0fthe date of the DecIaration.
Signed, sealed an.d delivered in the CREDIT SU1SSE FIRST BOSTON
presence of these wimesses: MORTGAGE CAPITAL LLC. a Delaware
bruited liability company
..............................
Print Name: Name:
Title: WILUAM V ADAMSKI
VICE PRESIDENT
Print Name:
STATEOF ~(k~ ~v& ) .~-~o~.,~.,.
) SS: HAgvtw RUVII~
COUNTY OF
The foregoing insaxtment was ackmowledged before me this ~_~.day o f~z~,ar', 1998 by
BOSTON M~.R.TGAGE CAPITAL LLC a Delaware m ted ab y forepaw on behalf of the
eompanyl ~?ilhll§arl ~lly appeared before me and is personally known to me or produced a driver's
..~ ." ,' .-~
;,~'_.g~g~tr~, .'~s Notary Public, State of
I~,..~.t~,~ial~o.~ ,~ York My commission expire~