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I IIIIII III1111111 I11111111I II11111111111111H1 <br /> CFN 2014R0815492 <br /> OR Bk X9406 Pgs 1819 - 1822; (4p?s) <br /> RECORDED 11/26/2014 09:27:06 <br /> HARVEY R►JV+IN► CLERK OF COURT <br /> This Instrument Prepared by IIAHI-DARE COUNTY, FLORIDA <br /> and Return to: <br /> Hans Ottinot, City Attorney <br /> c/o City Clerk's Office <br /> City of Sunny Isles Beach <br /> 18070 Collins Avenue <br /> Sunny Isles Beach, FL 33160 <br /> RESTRICTIVE COVENANT <br /> THIS RESTRICTIVE COVENANT is made and entered into as of the55 day of November, <br /> 2014, by J. MILTON & ASSOCIATES, INC., its successors, assigns, heirs, ("Donor"), and the <br /> CITY OF SUNNY ISLES BEACH, Florida, a municipal corporation ("City" or "Owner"), the <br /> • owner of the Gateway Park and Parking Garage located at 151-287 Sunny Isles Boulevard (the <br /> "Property" or"Gateway Park") in Sunny Isles Beach, Florida. <br /> RECITALS <br /> WHEREAS, Jose Milton, founder and patriarch of J. Milton & Associates, Inc., was <br /> deeply involved in the City of Sunny Isles Beach Community and very supportive of community <br /> events and worthy causes over the years; and <br /> WHEREAS, Jose Milton played a vital role in transforming the development of Sunny <br /> Isles Beach; and <br /> WHEREAS, the Property is legally described in the attached Exhibit "A"; and <br /> WHEREAS, Jose Milton passed away on July 3, 2013; and <br /> WHEREAS, Donor wished to donate a bronze statue of Jose Milton in his honor to be <br /> located adjacent to the Butterfly Garden at Gateway Park; and <br /> WHEREAS, the City Commission formally accepted the donation of the bronze statue of <br /> Jose Milton by Donor, to be located adjacent to the Butterfly Garden at Gateway Park, at the City <br /> Commission held on November 20, 2014, via Resolution No. 2014-2345; and <br /> WHEREAS,the City's acceptance of the bronze statue of Jose Milton was conditioned on <br /> a) Donor accepting responsibility for all costs and expenses associated with installation of the <br /> bronze statue and b) the City filing a restrictive covenant with Miami-Dade County reflecting <br /> approval of Resolution No. 2014-2345 and the placement of the bronze statue adjacent to the <br /> Butterfly Garden at Gateway Park. <br /> NOW, THEREFORE, in consideration of the foregoing premises, and in exchange for <br /> ' the transfer of development rights as described above, the Owner hereby agrees as follows: <br /> 1 <br />