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111101 1111111111100111111111111111lilt llil <br /> CFN 2012R0234821 <br /> mis instrament.was prepared by: OR Bk 28057 Pss 4560 - 4563; (floss) <br /> Stanley B.Price,Esq. • RECORDED 04/03/2012 12:20:19 <br /> HARVEY RUVIN, CLERK( OF COURT <br /> 1450 Snmbe:A Avenue, Price l Axelrod LLP MIAMI-DADE COUNTY, FLORIDA <br /> 1450 Brickell Avenue,23rd Floor <br /> Miami,Florida 33131-3456 <br /> (Space reserved for Clerk) <br /> DECLARATION OF RESTRICTIONS <br /> WHEREAS, the undersigned owner("Owner")holds the fee simple title to the land in City <br /> of Sunny Isles Beach, Florida, ("City") described in Exhibit "A," attached hereto, and hereinafter <br /> called the"Property," and <br /> IN ORDER TO ASSURE the City that the representations made to the City during <br /> consideration of Public Hearing Application No. Z2012-04 (the "Application"), filed by Sunny <br /> Isles Daycare Corp., will be abided by, the Owner freely, voluntarily, and without duress makes <br /> the following Declaration of Restrictions covering and running with the Property <br /> ("Declaration"): <br /> (1) Limitation on Daycare-type Uses and Parking. No more than one facility used for <br /> daycare purposes may operate on the Property, and no such facility may comprise more than <br /> .4,000 square feet of usable interior space. Further, any daycare facility must give priority in <br /> enrollment to Winston Towers residents. The Owner shall provide four (4) parking spaces for <br /> ekclusive use by the daycare facility. <br /> (2) City Inspection. It is hereby understood and agreed that any official inspector of the <br /> • City, or its agents duly authorized, may have the privilege at any time during normal working <br /> hours of entering and inspecting the use of the premises to determine whether or not the Owner is <br /> complying with the requirements of the building and zoning regulations and the conditions in this <br /> Declaration. <br /> (3) Covenant Running with the Land. This Declaration on the part of the Owner shall <br /> constitute a covenant running with the land and may be recorded, at Owner's expense, in the <br /> public records of the City and shall remain in full force and effect and be binding upon the <br /> undersigned Owner, until such time as the same is modified or released.These restrictions during <br /> their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the <br /> Property and for the benefit of the City and the public welfare. Owner acknowledges that <br /> acceptance of this Declaration does not in any way obligate or provide a limitation on the City. <br /> MIAMI 29103I I.1 7957936929 <br /> 3/228/1211:19AM34s1-12-104-sA1032sWs?-le l&M4 Exhibit "A„ <br /> 1GIIAMI 988929 <br /> 3/28/12 11:40 AM <br /> Book28057/Page4560 CFN#20120234821 Page 1 of 4 <br />