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Reso 2021-3198
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Reso 2021-3198
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Last modified
9/28/2021 12:07:40 PM
Creation date
7/28/2021 4:08:42 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2021-3198
Date (mm/dd/yyyy)
05/20/2021
Description
Termination of the Condo Regime of Gateway Park Commercial Condo, including the termination and vacation of the declaration of condo.
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RESOLUTION NO. 2021 - `3 I � <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY <br />ISLES BEACH, FLORIDA, APPROVING THE TERMINATION OF THE <br />ENTIRE CONDOMINIUM REGIME OF THE GATEWAY PARK <br />COMMERCIAL CONDOMINIUM, INCLUDING THE TERMINATION <br />AND VACATION OF THE DECLARATION OF CONDOMINIUM OF <br />GATEWAY PARK CONDOMINIUM, THE ARTICLES OF <br />INCORPORATION, AND THE BY-LAWS; AUTHORIZING THE MAYOR <br />TO EXECUTE THE CERTIFICATION AND DECLARATION OF <br />TERMINATION OF CONDOMINIUM, ATTACHED HERETO AS <br />EXHIBIT "A" (THE "TERMINATION"); AUTHORIZING THE CITY <br />MANAGER, AS THE PRESIDENT OF THE ASSOCIATION, AND THE <br />CITY CLERK, AS THE SECRETARY OF THE ASSOCIATION, TO <br />EXECUTE THE TERMINATION; PROVIDING THE CITY MANAGER <br />AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL <br />THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; <br />PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, the City of Sunny Isles Beach (the "City") owns the parking garage located <br />at Gateway Park (the "Property"); and <br />WHEREAS, in 2016, the City intended to lease certain areas of the Property to private <br />retail restaurant operations, and in furtherance thereof, adopted Resolution 2016-2552, creating a <br />commercial condominium within the Property to ensure that property taxes are imposed on the <br />areas dedicated to private commercial uses; and <br />WHEREAS, on July 8, 2016, the following condominium documents were recorded <br />creating a condominium regime on the Property, named Gateway Park Commercial Condominium <br />(the "Condominium"), recorded in the Official Records of Miami -Dade County at Book 30144, <br />Pages 3176-3239: <br />a. Declaration of Condominium of Gateway Park Condominium (the "Declaration") <br />b. Articles of Incorporation <br />c. By -Laws; and <br />WHEREAS, following the creation of the Condominium, the City never entered into any <br />leases for any portions of the Property, nor does it wish to in the future, therefore, the continued <br />operation of the Condominium serves no purpose; and <br />WHEREAS, the City, as the sole Member of the Gateway Park Commercial <br />Condominium Association, Inc., (the "Association), desires to terminate the Declaration and <br />terminate and vacate the Condominium; and <br />WHEREAS, pursuant to Section 17 of the Declaration, to effectuate the termination, a <br />Certification of Termination, executed by the President and Secretary of the Board of Directors of <br />the Association, certifying the basis of the termination, shall be recorded in the Public Records for <br />Miami Dade County. <br />aBCUda 540BF92S.docx Pagel U2 <br />
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