HomeMy Public PortalAbout2018-38 Approving a first amendment to resolution Z-10-95 related to Ocean Club Beach Club Clubhouse at 750 Ocean Drive1111 111 11 111 1 1111 1111 111 111 11 111 1 11111111 111 1
RE SO L U T IO N N O . 2018-38
C:Fft,I 201. 8R04-980✓.-t-9
OR BK 31103 Pss 2188-2223 (36Pss)
RECORDED 08/16/2018 11:10:33
HARVEY RUVINt CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
A RE SO L U T IO N O F T H E V IL L A G E C O UN C IL O F T H E
V IL L A G E O F K E Y B ISC A Y N E , FL O R ID A , A P P R O V IN G
A N A M E N D M E N T T O RE SO L U T IO N N O . Z-10 -95;
A PP R O V IN G A FIR ST A M E N D M E N T T O A M E N D E D A N D
R E ST A T E D D E C L A RA T IO N O F R E ST R IC T IV E
C O V E N A N T S IN L IE U O F U N IT Y O F T IT L E A N D
M O N E T A R Y C O N T R IB U T IO N S FO R T H E O C E A N C L U B
B E A C H C L U B C L U B H O U SE L O C A T E D A T 750 O C E A N
D RI V E ; PR O V ID IN G FO R FIN D IN G S ; P R O V ID IN G FO R
C O N D IT IO N S ; P R O V ID IN G FO R R E C O R D IN G ;
PR O V ID IN G FO R C O N FL IC T S ; A N D PR O V ID IN G FO R
A N E F F E C T IV E D A T E
W H E RE A S , the Ocean Club Community Association, Inc. ("Applicant") submitted a
Planning and Zoning Application bearing Public Hearing No. SP-28 ("Application") seeking
approval of (1) an amendment to Resolution No. Z-10-95 and (2) a First Amendment to the
Amended and Restated Declaration of Restrictive Covenants in Lieu of Unity of Title and
Monetary Contributions, recorded in the Official Records of Miami-Dade County Florida at
Official Records Book 17116, Page 4718 (the "Declaration") in connection with the proposed
construction of a 2,000 square foot addition to the Ocean Club's Beach Club clubhouse located
at 750 Ocean Drive as more fully described in the legal description attached hereto as Exhibit
"A" ("Property"); and
W H E RE A S, on June 5, 2018, the Village Council conducted a duly-noticed public
hearing and considered the Application in its entirety, as well as all testimony and other evidence
presented and otherwise made part of the record.
N O W , T H E RE F O RE , B E IT RE SO L V E D B Y T H E V IL L A G E C O U N C IL O F
T H E V IL L A G E O F K E Y B ISC A Y N E , FL O R ID A A S FO L L O W S:
Page 1 of 4
S e c t io n 1. Recitals. Each of the above-stated recitals are hereby adopted, confirm ed,
and in corp ora ted herein .
Section 2. Findings. The V illage C ouncil, based upon the com petent substantial
evidence presented, fi nds that the A pplication is consistent w ith the Village's M aster Plan and
that the A pplicant has m et all of the applicable requirem ents w ithin the Vill age's Zoning C ode.
Section 3. Approving Amendment to Section 2.A of Resolution No. Z-10-95.
S ection 2.A. of R esolution N o. Z -10 -95 is am ended to read as fo llow s: 1
A. T hat the Pro pert y be developed substantially in accordance w ith the plan entitled The
O cean C lub, M aster Plan, prepared by B ra dshaw , G ill and Associates, dated Ju ly 27,
19 95 con sisting of one sheet; and the plan entitled The Ocean Club, "Sight Line Fro m
Sands C ondom inium " dated July 24, 1995, containing one sheet (the "Plans"); as
m odifi ed by the plan entitled "B each Club A dditions & Interior Renovations," prepared
by Peacock + Lew is, dated A pril 12, 2018, consisting of five sheets;
Section 4. Approving First Amendment to Amended and Restated Declaration
of Restrictive Covenants in Lieu of Unity of Title and Monetary Contributions. The
requested am endm ents to the D ecl ara tion, as show n on Exhibit "B " to this Resolution, are hereby
appro v ed.
Section 5. Conditions. The appro val gra nted by this R esolution 1s subject to
com pliance w ith the fo llow ing conditions:
a. The A pplicant shall obtain adm inistra tive appro val of plans in substantial
com pliance w ith the plans titled "O cean Club Phase 2 Stora ge Building
A ddition," prepar ed by Peacock + Lew is A rchitects, dated April 12, 2018,
consisting of five sheets and attached hereto as Exhibit "C ."
1 Coding: 8trikethr01,1gh words are deletions to the existing words. Underlined words are additions to the existing words.
Page 2 of 4
b . T h e A p p lic a n t s h a ll s u b m it a tre e re m o v a l/r e lo c a tio n p la n a n d la n d s c ap e p la n
a t th e tim e o f b u ild in g p e r m it a p p lic a tio n s h o w in g r e lo c a tio n to th e g re a te st
e x te n t p o s s ib le o f a ll v e g e ta tio n in th e a d d itio n fo o tp r in t a s w e ll a s
r e p la c e m e n t o f a n y tr e e s r e m o v e d w ith e q u iv a le n t tru nk d ia m e te r a t 4 ' tru nk
h e ig h t. A d d it io n a l v e g e ta tio n m a y b e r e q u ir e d to s c r e e n th e s u bje c t a d d itio n
fr o m th e T o w e r T w o p o o l d e c k , a s d e te rm in e d b y s ite lin e s tu d ie s to b e
s u b m itte d b y th e A p p lic a n t. P r io r to a n y tr e e r e m o v a l, th e V ill a g e sh a ll h a v e
th e o p p o rt u n ity to o b ta in a n y tr e e s th a t w ill n o t b e re ta in e d o n s ite a n d p la c e
th e m o n p u b lic p ro p e rt y . T r e e r e lo c a tio n c o sts s h a ll b e a t th e e x p e n s e o f th e
d e v e lo p e r.
Section 6. Recording. This Resolution shall be recorded, by the Applicant, at the
Applicant's expense, in the public records of Miami-Dade County, Florida, prior to the issuance
of a building permit. A copy of the proof of recordation shall be submitted to the Village Clerk
prior to the issuance of any building permits.
Section 7. Conflicts. In the event that any part of this Resolution conflicts with Dade
County Resolution No. Z-188-89, as modified by Resolution Z-127-91, and Village Resolution
Z-10-95, this Resolution shall control; however, said Resolution No. Z-188-89, as modified, and
each of the provisions and conditions therein, shall survive to the extent necessary and
appropriate to allow for the development of the Property in accordance with the plans described
in this Resolution.
Section 8.
adoption.
Effective Date. This Resolution shall be effective immediately upon
Page 3 of 4
Section 9. A ppeal. A ny appeal of the appro val gra nted under this R esolution shall be
fil ed w ithin 30 days of rendition in accor dance w ith R ule 9.lO 0(c) of the Fl orida Rules of
A ppell ate Pro cedure.
PA SSE D and A D O PT E D this 5th day of June 2018.
A PP R O V E D A S TO FO RM A N D L E G A
V IL L A G E A T T O RN E Y
T his R esolution w as rendered and filed in the O ffice of the V ill age Clerk on this 5
___ ,)\/\_(\_ti , 20 \'o .
day of
Page 4 of 4
EX H IBIT A
LEG A L DESCRIPTIO N
SUIIJl!CI' l'ROl'l;!lffY /I portlon nf Secuoru 4 and S, Township 55 Sooth, Range 42 <, dClC tibW
as tollows:
Parcel I: The lllUth I, 100'; of Tract ·o·, l'IRST-AODrf!ON'ro BISCAY NB KBY P . .STATES, Pla1
Book 53, Page I 9, together with all npanan righu uppur!.cflnnt and adjactni thereto.
Parcel 11: Begin at the Southwest comer of Tract •o•, l'IRST ADDITION TO BISCAYNE Kev
[lSTATfiS, Plat Book 53, Page 19, the same being a point on the Elly right-of-way line of Ocean Drive
a.s lhe same is shown on the said l'!RST ADDITION TO BISCAYNE KEY ESTATES; thence
g9•5g•3g·w, along the prolongation west of the south line of 1he said Traci •o• for a dislance of
J 14.61' IO a point on the Elly right-of-way line of the realignment of Ocean Drive, Official Record
Oook 6631, Pages 6 & 7; thence run NI' 13 '38,2"W along sald B'ly right-of-way line a distance of
738.07' to a point on a circular curve whose center bears N88"46'2 I .8"E from sald point; thence S/ly
along the la11t dClCribcd circular curve and the Wily boundary or sald Tract •o• having a l'l!llius of
2,450' through a central angle of 17°35'30. I• for 1111 arc disuu1cc of 752.23' 10 the Point of Beginnln&,
Paree! JII: The WC.SI JOO' or Tract ·o· less the south I, 100' thereof', FIRST ADDITION TO
BISCAYNE KllY ESTA 1T-:S. Plat Book SJ , Page 19, iogether with all riparian righu appurtenant and
adjao:01 thereto.
Parcel A; Lo: I and l.,H 2, Block I, AtCAZAR, Plat Book I 17, Page 96.
Parcel B: Tract •r•, PIRST ADDITION TO BISCAYNti KEY ESTATES, Plat Book 53, Page 19,
lying Wily of the WIiy rigln-o!-way boundary of the realignment of Ocean Drive as described in that
certai n righHif-way deed to Dade County, flied on November J. 1969, Official Record Book 6631,
Pages 6 & 7.
Subject 10 the dedications 10 Dade County by Right-of•Way Deeds filro on June 17, 1.955, Deed Book
4110, Pages 3 & 4, Md on January 21, 1970, Official Record Book 6727. PagC!I 587 and :588 for rights-
of-way of East Wood Drive and Seaview Drive.
LESS AND EXCEPTING from Parcel 8, Parcel • A' as aforedescribed and Less and Bxceptlng the Ea.It
233.55' of that portion of Tract •p• a.s aforedescnbed lying north of the N/ly right-of-way boundary
of east Wood Prive described in Deed nJ cd 011 June 17., 1955 in Deed Book 4110, Pages 3 &. 4,
P-.uccl C: The cast 233.53' of that part of Tract 'F' FIRST ADDITION TO BISCAYNE KEY
ESTATES, Plat Boo le 53, Page 19, lying north or the north right-of-way boundary of East Wood Drive,
Deed Book 4110, Page 3.
Less the following described parcel deeded to Dade County for right-of-way by instrument recorded in
Official Records Book 10636, Page 744, re-recorded in Official Records !look 10947, Page 1910.
The exttrnAl area formed by a 25' radius circular curve to the Nonllwt,Sl, tMgetil to the wt wl!h the
cut boundary of Tnw t •p•, FIRST ADDmONTO BJSCA YNE KBY ES'fATI!S , PIJt Boo k 53, Page
19, and tanacnt to tho aouth, with tho nol'th rlaht-of•way boundary of East Wood Drive u des.cribed
In that ccrtl!in rlght-of•WI\Y deed to Dado County filed for record June 17, 1955, and duly recorded in
Deed Boole 4110, Page 3. All of the foreaolna lylna, situate and being In Sectlon 5, Township 55
Soul!\, RAnge 42 Ea.st, KBY BISCA YNB, · .
LOC ATION: Lying between Crandon Boulevard and th ~ Atlantlc Oc¢UI, from Bu r Enid Drive 10
Seal/Jew Drive, Key Biscayne, Dade County, Florida, and
EXHIBIT B
FIRST AMENDM ENT TO AMENDED AND RE STATED
DECLARA TION OF RESTRI CTIVE COVENANTS
IN LIEU OF UNITY OF TITLE AND MONETARY CONTRI BUTIONS
Prepared By and
Return to Upon Recordation:
Jennife r Fine, Esq.
600 Brickell A venue,
Suite 3500
M iam i, FL 33131
FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF
RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE AND MONETARY
CONTRIBUTIONS
THIS FIRST AMENDMENT (this "Amendment") is made and entered into this _
day of , 2018, (the "Effective Date") by and between Ocean Club
Community Association, Inc., a Florida not for profit corporation, (the "Association") and the
Village of Key Biscayne, a municipal corporation, (the "Village").
WHEREAS, the Association is the master association for the Ocean Club development
located on the property in Key Biscayne, Florida, described in Exhibit "A" attached hereto (the
"Property"); and
WHEREAS, on June 5, 2018, the Village Council passed and adopted Resolution No.
__ (the "Resolution"), a copy of which is attached hereto as Exhibit "B", approving an
amendment to Resolution No. Z-10-95, and an amendment to the Amended and Restated
Declaration of Restrictive Covenants in Lieu of Unity of Title and Monetary Contributions,
recorded in Official Records Book 17116, at Page 4718, in the Public Records of Miami-Dade
County, Florida (the "Declaration"), a copy of which is attached hereto as Exhibit "C", in order
to permit the construction of a 2,000 square foot addition to the Ocean Club's Beach Club
clubhouse in accordance with the plans entitled "Beach Club Additions & Interior Renovations",
prepared by Peacock + Lewis, dated April 12, 2018, copies of which are attached hereto as
composite Exhibit "D"; and
WHEREAS, the Association is the entity authorized to enter into modifications of the
Declaration pursuant to Section 16 of the Declaration.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereby agree as follows:
1. Section 1 of the Declaration is hereby amended as follows: 1
That the Property be developed substantially in accordance with
the plan entitled The Ocean Club, Master Plan, prepared by
Bradshaw, Gill and Associates, dated July 27, 1995, consisting of
1 Coding: Striketluot1g"1 v,•ords are deletions to the existing words. Underlined words are additions to the existing words.
o n e sh eet; an d th e p lan en titled T h e O cean C lu b , "S ig h t L in e F ro m
Sand s C o n d o m in iu m " dated Ju ly 2 4 , 19 9 5 , co n ta in in g o n e sh eet,
(co ll ectiv ely re fe rr ed to as th e "P lan s"). as m o d ifi ed by th e p lan
entitl ed "B each C lu b A d d itio n s & In terio r R en o v a tio n s", p rep ared
by P eaco ck + Lewis, dated April 12, 2018, consisting of five
sheets (collectively referred to as the "Plans").
2. Section 2 of the Declaration is hereby amended as follows: 2
Limit development to those land uses authorized by the Village
Code and consisting of 25.28 acres of RU-4A zoned land and
29.97 acres of RU-4L zoned land. The RU-4A zone is to include
five buildings containing 560 dwelling units, plus accessory and
incidental uses, a beach club structure of a maximum of
20,000220000 square feet, six swimming pools, beach/pool service
structures of no more than 5,000 square feet, and up to a maximum
of 140 cabanas and other recreational features. The RU-4L zone is
to include 272 dwelling units in six buildings plus accessory and
incidental uses, three swimming pools, a Bath and Tennis Club
structure of no more than 8,000 square feet, six tennis courts and
other recreational features.
3. All other terms and conditions of the Declaration shall remain in full force and effect.
· [Signatures on following page]
2 Coding: £trilrntlue1c1gl! •;,•eras are deletions to the existing words. Underlined words are additions to the existing words.
IN WITNESS WHEREOF, the undersigned have set their hands and seals to this
Amendment this day of , 2018.
Ocean Club Community Association,
Inc., a Florida not for profit corporation
WITNESS:
By: _
Print Name: ---------
Print Name: --------- Owner's Address: 750 Ocean Drive, Key
Biscayne, FL 33149
STA TE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by , the
of Ocean Club Community Association, Inc., this day of --------- 2018 who is personally known to me or who produced
as identification. -----------
Notary Public, State of Florida at Large
Print Name: ----------- My commission expires: _
Village of Key Biscayne, a municipal
corporation
WITNESS:
Print Name: ---------
Print Name: ---------
By: _
John C. Gilbert, Village Manager
Village's Address: 88 West McIntyre
Street, Key Biscayne, FL 33149
ST A TE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by John C. Gilbert, the Village Manager
of the Village of Key Biscayne this day of , 2018 who is personally known
to me or who produced as identification.
Notary Public, State of Florida at Large
Print Name: ----------- My commission expires: _
Village of Key Biscayne, a municipal
corporation
WITNESS:
Print Name: ---------
Print Name: ---------
By: _
Sergio Ascunce, Director of Building,
Zoning, Planning and Public Works
Village's Address: 88 West McIntyre
Street, Key Biscayne, FL 33149
STA TE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by Sergio Ascunce, the Village's
Director of Building, Zoning, Planning and Public Works this day of , 2018
who is personally known to me or who produced as identification.
Notary Public, State of Florida at Large
Print Name: ----------- My commission expires: _
EX H IBIT "A "
Legal Description of Property
SUIIJECI' PROl'l.iHTY. A portion 11f Sections 4 nnd S, Township 55 South, Rllngc 42 131111, described
as followi:
Parcel I: The wu1h I, 100'; of Traci 'G', FIRST ADDrrlON TO BISCAYNE KUY F.s'fATES, Plat
Book 53, Page 19, together with all riparian righls appurtcnanl and adjactnt thereto.
Parcel 11: Begin al the Southwest comet of Traci "G", PIRST ADDITION TO BISCA YN·E KEY
rsrATES, Plat Book 53, Page 19, the same being a point on the ll/ly right-of-way line of Ocean Drive
a, Lile same is shown on the sald f'IRST ADDITION TO BISCA YNB ii.BY EST A TI'S; thence
g9•5g•3g•w, along the prolongatloh we.st of tbe south llne. of the w d Tract •a• for a distance of
114.61' to a point on the P/ly right--0f-way line of the realignment o( Ocean Drive, Official R.ecord
l.!OOk 6631, Pages 6 & 7; thence run NI' 13'38.2"W along said E'ly right-of-way line a distance of
738.07' t,;, a point on a circular curve whose center bears N88"46'21.8'E from sald point; thence Slly
along !lie last described circular curve and the WIiy boundary of said Traci •o• naving a radius of
2,450' through a central angle of 11•3S')0. I· for an arc distance of 752.23' to the Point of Beginning.
1'11Icel Ill: The west 100' of Traci "G" less the south I. I 00' thereof, FIRST ADDITION TO
BISCAYNE KllY ESTATES. Plat Boo k 53, Page 19, together with all riparian rlghu appurtenant Bild
adjacent thereto.
Parcel A: Lot I and l.A.1t '2, Block I, ALCAZAR, Plat !look 117, P~ge 96.
Parcel B: Traci •r•, FIHST ADDITION TO BlSCAYNl.i KEY ESTATES, Plat Book 53, Page 19,
lying Wily of the WIiy right-of-way boundary of the realignment of Ocean Drive as described in that
certaln right-of-way deed to Dade County, flied on Noveml>cr 3, 1969, Official RC!COrd Book 6631,
Pages 6 & 7.
Subject to the dedications to Dade County by Right-of-Way Deeds filed on June 17, 1955, Deed Book
41 Jo, Page-1 3 /;. 4, W1d on January 21, 1970, OfliciaJ R«onl Book 6727, Pages 587 and 588 for rights-
of-way of lla5 t WOOi! Drive and Seaview Drive.
LESS AND BXCB!"l'lNG from Parcel B, Parcel • A. IU aforedescribed and Less and Bxcepting the: Ealt
233.55' of that portion of Tract •p• as aforedescribed lying north of the N/ly right-of-way boundary
of P..a!.l WOOi! Drive described in Deed !iled on June 17., 1955 in Deed Book 4110, Pages 3 &. 4.
Parcel C: The cast 233.55' of that part of Tract •p• FIRST ADDITION TO BISCAYNE ~EY
ESTATES, Plat Book 53, Page 19, lying north of the north right-of-way boundary of East Wood Drive,
Deed Book 41 J 0, Page 3.
Less the following described parcel deeded 10 Dade County (c,r right-of-way by instrument recorded In
Official Records Book 10636, Page 744, re-recorded in Official Records Boole 10947, Page 1910.
The cx LC rnal area formed by ~ 25' radius olroular curve to the Nortltwe.,11 laniCJII to the east with the
ca.st boundary QC Tract •p•, FIRST ADDITION TO BJSCA YNE KBY ESTATES , Plat Book 53, Page
r 9, and uu,acn t to Ille so uth , wllll the nQrth rl&ht-of•wa y boundary of East W ood Drive u dcscrl~
In that certllln right-of-way deed to Dade County flied fo r record June 17, 1955, and duly recorded In
Deed !look 4110, Page 3. All of the foregoing lying, s.llualc and being In Sccllon 5, TownJhlp S5
South , Ran ge 42 East, KBY DlSCA YNB, · .
LOCATION: Lying between Crandon Boulevard and th~ Atlantic Ocean, from Ba.!t Enid Drive to
Seaview Drive, Key Biscayne, Dacie County, Florida, and
EXHIBIT "B"
Resolution No. ---
[TO BE ADDED]
EXHIBIT "C"
Amended and Restated Declaration of Restrictive Covenants in Lieu of Unity of Title and
Monetary Contributions, recorded in Official Records Book 17116, at Page 4718, in the
Public Records of Miami-Dade County, Florida
Ibh PQc;umcnt fm1md by:
Carta' N. Md)owell , Eaq.
Eckert Seamans Cherin & MtUou
701 Brickell AHrt""1 Suite 1850
Miami, f1orida 33~31
ill: \ 71 I 6r~4 7 \ 8
96R093~03 1996 MAR 05 121~2
AMENDED AND RESTATED
DECLARATION or RESTRICTIVE
COVENANTS IN LIEU OF UNITY OF TITLE
AND MONET ARY CONTRIBUTIONS
The Ocean Club Key Biscayne Limited Partnership, and THSP Associates Limited Partn ership
m ("Own er•) hereb y voluntarily make, declare, and impose on the property described below, the
covenants running with th e title to th e lan d, which shall be binding on th e Own er, its heirs , succe sso rs
and Wl_!igns, personal rep resen tatives , mortgagees , lessees , and agai nst all perso ns claimlng by, through,
or under them until such time as this instrument is released In w ri ti ng as hereinafter provided :.tr
WHEREA S, Own er holds the fee simple title to the property in Dade County, Florida, described
In Ex hibit "A• attached and incorporated in this instrument (hereinafter referred to as the "Property ");
and
WHEREA S. on September 14, 1989, the Boar d of County Co mmissioners of Metro politan Dade
Co unty passed and adopted Reso lution No. Z-187-89 approving a Development of Regional Impact
Development Order (the "Original D.O. ") for the project known as the Key Bisca yne Hotcl'and Villas
on a 55 ± acre property located within the Village of Key Biscayne; and
WHEREAS, on July 18, 1991, the Metropolitan Dade County Board of County Commissioners
approved mod ifica tions' to the Original D'.O. by passage of Resolution No. z-n7-91; and
~S, on June 18, 1991 the Village of Key Biscayne was inco rpo rated and Metropo litan
Dade Co unty approved the Charter for the Village of Key Biscayne by Resolution No. 90-142 thereby
officially lran.$ferring land use and zoning jurisdiction over the Property to the Village of Key Biscayne,
Florida; and
, ,•
Wc: l 7 I I 6fr47 I g
W HEREAS, Owner intends to develop the Property for residential uses and various ancillary
uses an d wan ts to assure the Village of Key Bisca yne that { 1) the dev elopment will be built In substan tial
acco rdance with the proffered plans and (2) the rep resentations mad e by the Owner, ln.,.co nnec lion with
the approval of Th e Ocean Club Key Bisca yne zon ing application B.J1 d the Issuance of a De velopment
Order approving mod ifica tions .to the development in acco rdan ce with Sec tion 380.06 of the Florida
'Statutes, will be satisfled: an d
WHEREA S, Ow ner intends to develop the buildings on the Property in a condominium format
of ownership and/or in two or more phases; and
W HEREA S, Own er may wish to convey portions of the Prope rty fro m time to time, and ma y
'
wi sh to offer units as condominiums, and is exec uting this Instru ment to assure the Village that the
phased development of the Propert y with future own ership will not violate the Zo ning Code or other
land use ordinances or regulations of the Village when it 11 developed .
NOW , TH EREF ORE , in co nsideration of the premises , Own er hereb y agrees as follows:
1. Sjte Plan . Th e Prope rty will be developed in substan tial conform ity with the site plan s
entitled, The Ocean Club, Master Plan , prepared by Brad shaw Gil & Assoc iates, da ted July 27, 1995,
co nsisting of one sheet; an d the plan entitled Th e Ocean Club, "Sight Li nc fro m San ds Condominium"
da ted July 24, 199 5, co ntain ing one sheet (collectively referred to as the "Plans").
2. Umil dev elopment to those land uses authorized by the Village Code and co nsistin g of ~.28
acres of RU-4 A zo ned lan d and 29.67 acres of RU-4L zoned lan d. Th e RU-4A zone is to include five
buildings contain ing 560 dwelling units, plus acces sory an d incidental uses , a beac h club structure of
a maxi mum of 20,000 square feet, six swimming poo ls, beac h/poo l serv ice stru ctures of no more than
5,000 squar e fee t, and up to a maxi mum of 140 ca banas an d-other rec rea tional features . Th e RU-4L
zo ne is to include 272 dwelling units in six buildings plus acce ssory and inciden tal uses , three swimmin g
poo ls, a Ba th and Tennis Club stru cture Qf no more than 8,000 square feet, six tennis courts and other
2
if~: J 7 I I 5rr4720
recreational features.
3. Phased DcveJo,g ment. If the property is developed In phases, each phase will be developed
in substantial accordance with the site plan and all zoning requirements. Each phase or stage of
development, when standing independently or in conjunction with existing, developed, contiguous phases
or stages, shall meet all zoning requirements. This provision shall not be subject to a request for a
variance.
4. Reciprocal Easements. Where necessary, and to the extent necessary, Owner hereby reserves
easements and hereby grants reciprocal cross-casements to the owners of each phase or stage of
development, in and over the Property for utilities, water and sewer lines, common parking areas,
streets, driveways, entrance and exits, so that the integrity of the development shall be maintained.
5. Multiple Ownenhips. In the event of multiple ownership subsequent to site plan
approval, each of the subsequent owners, mortgagees, and other parties in interes t shall be bound by
the term s, pro visions an d co nditions of this instrument.
6. Homcowoer's Association.
A mas ter prope rty owners assoc iation or other similar entity wiJI be created prior to the
conveyance of any portion of the Property, for the entire development (total property) as a master
assoc iation which shall provide for the maintcnwtce of all common areas, certai n roadways, cross-
ease men ts, an d other amenities common to the entire parcel of land (the Property). This instrument
shall not, however, preclude individual condominium or associations for, or owners o.f, each phase or
stage to maintain their own buildings or other own common areas as. long as such associations or
owners, or the mem bers of such assoc iations, are members of the mas ter association and each such
3
0
Uft 111 ·1 6rr472 I
condominium or other assoc iation is required by this Instrument to be members of the master
association.
7. Monctai:y Fire Service Contribution. To help defray the capital costs of future fire
service expansion need s bencfittlng the development of the Property, Owner shaJI voluntari ly contribute
10 the Village of Key Biscayne Fire Departm ent the sum of $239,470.00, which represe nts $160.00 per
residential unit and $0. 16 per square fool of commerciaJ development on the Property: The fire service
contribution shall be made in two parts: the first payment is due at the time of platting or waiver of
plal approval on the Propert y or any portion thereof, and the final payment is due at the time of the
issuance of a building permit for the 693rd res idential unit to be constructed on the Propert y. The fire
serv ice contribution shall be adjusted for cost-of-living charges over time, beginnlng on the day
following approval, at a public hearing, of the subject aplffication. The standar d for determining cost-
of-living adjustments shall be the Fixed-Weighted Price Index for Gross Private Domestic Fixed
Investment, Non-Residential ("Deflator~), issued quarte rly by the Bureau of Eco nomic Analysis, United ,,.
States Depart ment of Commerce.
8. Entrance Feature Improvements A.ssociated with Bill Baei=s Cape Florida State Recreation
Am. Owner shall voluntarily contribute $140,000 to be used towards the design and construction of
the improvements on slate property at the Bill Baggs State Park entran ce, before the issuan ce of any
final certi ficate of occ upan cy. Owner shall obtain approval of the final design of the entran ce by the
Dade County Public Works Depart ment and State Depart ment of Natural Reso urces .
9. Variable Messallc Sieoa2c Contribution. Owner shall voluntaril y contribute $65,000 to
Dade County to be used towards the design and installation of varia ble message signage including
communications, to be located in the vicinity of the Rickenbacker Toll Plaza and Bear Cut. Owner shall
make these funds available within six months of the adoption of the Development Order, and such funds
shall remain available until expended or until Dece mber 31, 1995, whichever occ urs first.
4
•1,. ··,'. •'i. . •
~ft I 7 I I 6Pr4722
10. Roadway lmprove mcnls. Before January I, 1992, Owner shall pay its proportional share
of the roadway improvements identified in Exhibi: D attached, to be applied as a credit against the
contribution identi fied in paragraph 9 above, as allowed by the Dade County Public Works Department.
Additional credit against the contribution identified in paragraph 9 of this instrument may be allowed,
as determined by the Dade County Public Works Depart ment.
11. Loca l Park/Athletic ProBcaromioB Contribution. If a site for a local park for Key
Biscayne residents is obtained by the County within the Bill Baggs Cape Florida State Recreation Area
("State Park"), then Owner shall voluntary contribute $50,000 per acre of such local park up to a
maximum of $500,000 to be used for the development of such local park, including preparation of the
land and installation of playing fields. To the extent that a surplus exists after the completion of such
improvements, then the balance of such funds shall be used as provided in the next sentence. If the
necessary state approvals for such local park within the State Park are not obtained, within one year
from the date this Agreement becomes effective, then Owner shall contribute a., maximum of $500,000
for athletic programming and equipment for residents of Key Biscayne to be administered by the
County's Park and Recreation Department.
12. Monctaey School Contribution. Owner shall voluntarily contribute $3,200,000 to the
School Boardof Dade County, Florida ("School Board"), payable in three equal principal installments
of $1,066,667 on July 1, 1993, July I, I 995 and July 1, 1997, for the construction of supplemental
improvements to the Key Biscayne Elementary School. The specific terms of this school contribution
shall be set forth in a separate Declaration of Restrictive Coven:uits Concerning Monetary Contributions
to Key Biscayne Elementary School between the Owner and the School Board, and recorded in the
Public Records of Dade County, Florida, within thirty days of the execution of this instrument.
13. Issuance of Buildin~ · Permits and Final Ceoificates of Occupancy·. Owner shall not
request the issuance of any certificates of occupancy until the Owner is in compliance with paragraph
5
8 of this instrument Beginning on January I, 1992, Owner shall not request the issuance of any further
building permits until Owner is in compliance with paragraph 10 of this instrument.
14. Term of Ocdaraljon. The provisions of this instrument shall become effective upon their
recordation in the public records of Dade County, Florida, and shall continue in effect for a period of
thirty (30) years after the date of such recordation, after which time they shall be extended automatically
for successive periods of ten ( 10) years each, unless released in writing by the then owners of the
Property (or the Association named 1n paragraph :5 above, on their behalf) and the Village of Key
Biscayne.
15. Amendment and Re:ua1eme01 of Previously Avproyed Covemmt. The provisions
contained herein shall amend, restate and supersede the following document:
Declaration of Restrictive Covenants in Lieu of Unity of Title, Monetary
Contributions and Pedestrian Easement recorded in Official Records Book
14281 at Page 1543.
16. Modification. The provisions of this instrument may be amended, added to, derogated,
deleted, modified, or changed from time 10 time by recorded instrument executed by the then owner
or the majority of the owners of all the Property, or the Master Association referred to above, provided
that such modification, amendment, or release is also approved by the _Village Council of the Village
of Key Biscayne, after public hearing.
Should this Declaration of Restrictive Covenants be so modified, amended, or released,
the Director of Planning, Zoning and Building, or his successor, shall forthwith e~ecute a written
instrument effectuating and acknowledging such modification, amendment, or release.
17. Enforcem~nt. Enforcement shall be by action at law or in equity against any parties or
persons violating or attempting to violate any coveqants, either to restrain violation or to recover
damages. The prevailing party in the action or suit shall be entitled to recover, in addition to CQ SlS and
6
. . . . . . . ' . . : ' . . . ~. ' . .
•-IWVl ~l!l'Q'?,.-J;!~·~::1:1:t·~::ai!J':t.rwa....,,.•· ••n111w•••••••••••11tttrttt1••••••111m111:rc:wm::mmiummzawWMmwmmmrmrrw,mrz3'lll!!IMU♦t•••
~ft 171 I 5rr4724
d1shur-.l'llll'rl!s allowed hy Jaw, such sum as the court may ndJudgc to be reasonable for the services of
h1\ attornL'y
l K l'r~unm uun of t·omvhant;c. When construcuon has occurred on the Property or un any
por11011 of the Property pursuant to a lawful permit issued by the village. and inspections made and
approval of occupancy granted by the Village. then such construcnon, inspecuons, and approval shall
create a presurnpuon that the buildings or structures thus constructed comply with the intent and spirit
ol tlux Declaration. This Declaration shall not he construed as a cloud on title on the Property or on
any portion of the Property upon which such development has occurred.
llJ. lnspecuon. As further part of this agreement, ii is hereby understood and agreed that any
official inspector of the Village, or its agents duly authorized, may have the privilege at any time during
normal working hours of entering and investigating the use of the premises to determine whether the
Property complies wuh building and zoning regulanons and the conditions herein.
20 Sc;ycrnb1)1ty. Invahdauon of any of these covenants, by 1udgment or court, in no way
shall affect any of the other provisions of this instrument, w,h shall remain in full fo~ce and effect.
Signed, scaled, executed, and acknowledged on this~ day of~ 19 ..:iL1
\
THE OCEAN CLUB KEY BISCAYNE LlMJTED
PARTNERSHIP, an Illinois limited partnership,
acting by and through its sole general partner:
Witness:
[CORPORATE SEAL)
7
i{~: 17 l I 6f ~4725
THSJ> ASSOCIATES I.IMITED PARTNERSHIP
Ill, a Delaware limited partnership, acting by and
through its sole general partner:
Witness:
'-· ----..____
I CORPORA TE SfALJ
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this ~'day of l. lo. , <,;n, I 996., by John
A. Hinson, President of The Ocean-Club Key Biscayne Inc., an Illinois corporation, as General Partner
of The Ocean Club Key Biscayne Limited Partnership, an (llinois limited partnership. He ls personally
known to me or has produced N \ A as identification.
~ =--- CJ. c.Q.._.,_ J
(NVi~?~~J) re. ()crc,cJo,
(No
STATE OF FLORIDA )
) SS:
COUNTY OF DADE ) .
The foregoing instrument \;\'!Ul acknowledged before me thi~day of ¼Jo.n, 1996, by John
A. Hinson, President of THSP /III Corp., a Delaware corporation, as General Partner of THSP
Associates Limited Partnership m, a Delaware limited partnership. He is personally known to me or
has produced N \ "- as identification.
ommission expiration date)
8
~~: \ 71 I Brr4726
F..xhlhlt "A"
SUBJErr PROPERTY: A portion of Sections 4 and 5, Township 55 South, Range 42 East, described
as follows:
Parcel I: The south I, 100'; of Traci "G", PIRST ADDITION TO BISCAYNE KEY ESTATES, Plat
Book 53, Page 19, together with all riparian rights appurtenant and adjacent thereto.
Parcel U: Begin at Che Southwest comer of Tract "G", PIRST ADDITION TO BISCAYNE KEY
ESTATES, Plat Book 53, Page 19, the same being a point on the Flly right-of-way line of Ocean Drive
as the same is shown on the said FIRST ADDITION TO BISCAYNE KEY ESTATES· thence . ' 89°58'38"W, along the prolongation west of the south line of the said Tract •o• for a distance of
114.61' to a point on the Elly right-of-way line of the realignment of Ocean Drive, Official Record
Book 6631, Pages 6 & 7; thence run Nl013'38.2"W along said E'ly right-of-way line a distance of
738.07' to a point on a circular curve whose center bears N88°46'2l.8"E from said point; thence S/ly
along the last described circular curve and the Wily boundary of said Tract •a• having a radius of
2,450' through a central angle of 17°35'30. l" for an arc distance of 752.23' to the Point of Beginning.
Parcel lJI: The west 100' of Tract "G" less the south l, 100' thereof, FIRST ADDITION TO
BISCAYNE KEY ESTA TES, Plat Book 5 3, Page 19, together with all riparian righu appurtenant and
adjacent thereto.
Parcel A: Lot I and Lot 2, Block I, ALCAZAR, Plat Book 117, Page 96.
Parcel B: Tract "F", FIRST ADDITION TO BISCAYN.li KEY ESTATES, Plat Book 53, Page 19,
lying WIiy of the Wily right-of-way boundary of the realignment of Ocean Drive as described in that
certain right-of-way deed to Dade County, filed on November 3, 1969, Official Record Book 66311
Pages 6 & 7.
Subject to the dedications to Dade County by Right-of-way Deeds filed on June 17, 1955, Deed Book
4110, Pages 3 & 4, and on January 21, 1970, Official Record Book 6727, Pages 587 and 588 for rights-
of-way of East Wood Drive and Scaview Drive. •
LESS AND EXCEPTING from Parcel B, Parcel •A" as aforedescribcd and Less and Excepting the East
233 . .55' of that portion of Tract "F" as aforedescribed fying north of the N/ly right-of-way boundary
of Ea st Wood Drive described in Deed filed on June 17., 1955 in Deed Book 4110, Pages 3 & 4.
I .
Parcel C: The east 233.55' of that part of Tract "F" FIRST ADDITION TO SISCA YNB KEY
ESTATES, Plat Book 53, Page 19, lying north of the north right-of-way boundary of East Wood Drive,
Deed Book 41 IO, Page 3.
Less the following described parcel deeded to Dade County for right-of-way by instrument recorded in
Official Records Book 10636, Page 744, re-recorded in Official Records Book I0947, Page 1910.
9
·.··:·· ··•: ,. ·. ,,: :-.·~.•~·\:''·;•f'.':,::,·:··~·--•·,••.. . .
.. - . ,· .,. ·- ,,1 •. ·, .. '
m: t 71 I 6tt4727
The external area f ormed by ~ 25' radius circular curve to the Norttiwe,.,t, tan&C:flt to the east with the
eas t bo undary Qf Tract •p•. FIRST ADDmON TO BISCA YNB KBY F.s'fATES, Pla t Book 53, Page
19, and tangent to the south, with lhc north riaht-of .. way boundat)' of East Wood Drive as desc ribed
in tha t certain right-of-way deed to Dade County filed for record lune 17, 1955, and duly recorded In
Deed Book 4110, Page 3. All of the foregoing lying. situate and being In Section 5, To_wnshlp 55
Soutl), Range 42 East, KEY BISCA YNB,
LOCATION: Lying between Crandon Boulevard and the AtJantJc Ocean, from Bast &Id Drive to
Seaview Drive, Key Biscayne, Dade County, Florida, and
• ', ~ '': ,J I
,· ,\,
·.i:
10
...
Exhibit 11811
PROPORTIONAL SHARE FOR ROADWA V IMPROVEMENTS
ApPllcant' s
PCQDOrtlooaI Shae~
. ~.: A .
B.
I ':
Crand on Bo ulevard/Wood Drive:
Extend southbound left-tum
storage bay
Bricke ll Avenue: Six-lan e
widening from SE 25th Road
to s:a 26th Road
TOT AL Propo rtional Share
$5,000
$18.553
$23,553
SOURCE: ADA, SFRPC
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11
EXHIBIT "D"
Plans entitled "Beach Club Additions & Interior Renovations",
prepared by Peacock+ Lewis, dated April 12, 2018
O C E A N C L U B -P H A S E 2
Key lliscayne
Florida
STORAGE BUI LDI NG ADDITI ON
L O C A T IO N M A P
' --~~--M ,c
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S H E E T IN D E X
SITE DATA & BUILplNG Dt\TA
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OCEANCI.UB
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SITE PLAN APPROVAL
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D D
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EXHIBIT C
PLANS TITLED "OCEAN CLUB PHASE 2 STORAGE ROOM ADDITION,"
PRE PARED BY PEACOCK+ LEWIS ARCHITECTS, DATED APRIL 12, 2018
O C E A N C L U B -PH A S E 2
Key Biscayne
Flo rid a ==============-----======================= --·-··-·--------·_j
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SITE PLAN APPROVAL
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l'-t-L PROJECT rc c . 15-086
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