HomeMy WebLinkAboutR-2025-191 Release of Declaration of Restrictive Covenant SP-11-01RESOLUTION NO. 2025-191
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA, RELEASING A DECLARATION OF RESTRICTIVE COVENANT IMPOSED PURSUANT TO RESOLUTION NO.: 2001-186, FOR SITE PLAN APPLICATION SP-11-01, FOR THE PROPERTY LOCATED AT 2200 NE 7TH AVENUE, DANIA BEACH FL, IN THE CITY OF
DANIA BEACH, FLORIDA; AS THE COVENANT IS NOW OBSOLETE;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission approved Resolution No.: 2001-186, for the
site plan approval of application SP-11-1, for the Park ‘N Fly, Inc., to develop a parking lot as a
principal use on the property then known as the Pegasus Executive and Eller Industrial Plats,
located east of Taylor Road, South of Eller Drive and North of the then Hertz rent-a-Car Facility,
in Dania Beach, which bears the address of 2200 NE 7th Avenue, Dania Beach FL, legally
described within Exhibit “A” and incorporated by this reference (the “Property”); and
WHEREAS, as a condition of the approval, the then property owner was required to place
a declaration of restrictive covenants on the property as to the parking use and payment of a fee to
the City for the authorization to allow paid parking as the principal use; and
WHEREAS, the declaration was executed on September 20th, 2002, and was recorded
under CFN #102610477, Broward County OR Book 34492, at page 1820; and
WHEREAS, the only way that the declaration can be revoked is if the City authorizes
same; and
WHEREAS, as the use is no longer associated with the property and as the City has
approved a building permit (permit #: 22-1855), and authorized construction of the new project
for the site which construction is nearing completion; and
WHEREAS, the Applicant has provided sufficient justification to request removal of the
Declaration as the conditions no longer exist that required the imposition of the declaration; and
WHEREAS, the City’s Staff Report analyzes the applicant’s request to remove the
declaration; and
WHEREAS, the City Commission conducted a duly noticed public hearing in accordance
with Article 610 of the LDC.
2 RESOLUTION #2025-191
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing “Whereas” clauses are ratified and confirmed to be true
and correct and they are made a part of and are incorporated into this Resolution by this
reference.
Section 2. That the Declaration of Restrictive Covenant be released and that the
Property Owner cover the City’s costs of recording the release in the Public Records, which
release shall be in substantial form to the document enclosed as Exhibit A to this resolution.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall take effect ten (10) days after passage and
adoption.
PASSED AND ADOPTED on December 9, 2025.
Motion by Commissioner Lewellen, second by Vice Mayor Salvino.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS CITY ATTORNEY
PREPARED AND RETURN TO: Nectaria M. Chakas, Esq.
Lochrie & Chakas, P.A. 699 N. Federal Highway, Suite 400 Fort Lauderdale, FL 33304 TERMINATION AND RELEASE OF
DECLARATION OF RESTRICTIVE COVENANTS THIS TERMINATION AND RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS (the “Termination”) is made as of the ______ day of _______, 20___ by THE CITY OF DANIA BEACH, a political subdivision of the State of Florida (the “City”), and BRIDGE POINT DANIA 161, LLC, a Delaware limited liability corporation (the “Owner”).
WITNESSETH:
WHEREAS, Owner holds title in fee simple in and to the real property located in the City of Dania
Beach, Broward County, Florida, which real property is more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (the “Property”); and WHEREAS, Owner’s predecessor in title to the Property recorded a Declaration of Restrictive Covenants dated September 20, 2002, and recorded in Official Record Book 34492, Page 1820 of the Public Records of Broward County, Florida (the “Declaration”) against the Property in connection with a site plan approval to construct a parking facility; and WHEREAS, the parking facility authorized in connection with the Declaration has been discontinued, and the Property is no longer being used as a Park N’ Fly lot, such that the Declaration is no longer necessary or applicable to the present or future use of the Property; and
WHEREAS, City and Owner desire to terminate, release, and discharge of record the Declaration as to the Property.
NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and
Owner agree as follows:
1. The foregoing whereas clauses are true and correct and incorporated herein by reference.
2. The Declaration is hereby terminated, released and discharged of record in its entirety and shall be of no further force or effect as to the Property.
IN WITNESS WHEREOF, the parties have made and executed this Termination on the respective dates under each signature: CITY OF DANIA BEACH through its City Commission, acting by and through
its Mayor, authorized to execute the same; and BRIDGE POINT DANIA 161, LLC acting by and through its Agent, duly authorized to execute the same:
ATTEST: CITY: ________________________
___________________________ ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
_______________________________
EVE A. BOUTSIS CITY ATTORNEY
WITNESSES: DECLARANT:
Witness #1: Signed: _____________________________ Print Name: _________________________ Address: ____________________________ ____________________________________ Date: _________________
BRIDGE POINT DANIA 161, LLC, a Delaware limited liability company By: ___________________________ Print Name: Kevin Carroll_________ Address: 9525 W. Bryn Mawr Avenue, Suite 700, Rosemont, Illinois 60018___________________ Title: _______________________ Date: ________________
Witness #2:
Signed: _____________________________
Print Name: __________________________ Address: _____________________________
_____________________________________ Date: _________________
ACKNOWLEDGEMENT
STATE OF __________________
COUNTY OF ________________
The foregoing instrument was acknowledged before me, by means of (check one): ____ physical presence or ____ online notarization, this ____ day of ________________ , 20_____ , by _________________________ , who is the ___________________ of Bridge Point Dania 161, LLC, a Delaware limited liability company, who is personally known to me or who has produced _____________________ as identification. _______________________________ Notary Public
________________________________ Typed, printed or stamped name of Notary Public
My Commission Expires:
EXHIBIT “A”
Legal Description