Resolution Zoning 98-Z- 7 - Laserfiche WebLink

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This Instrument Was Prepared by: Laurence A. Lewitas, Esq. 89 Fifth Avenue New York, NY 10003 DECLARATION OF RESTRICTIVE CONVENANTS KNOW ALL MEN BY THESE PRESENTS that the undersigned, being the owner ofthe following described property, lying, being and situated in Dade County, Florida, to-wit: See Exhibit A attached hereto. In order to assure the City Commission of Sunny Isles Beach, Florida, that the representation made to them by the Owner in connection with Application No. 96-567 will be abided by, freely, voluntarily and without duress, make the following Declaration of Restrictive Covenants covering and running with the above-described real property: That in order to achieve the proposed 235 apartment/hotels dwelling units as indicated in the Plans entitled "THUNDERBIRD WEST" Prepared by Kobi Karp Architect consisting of twelve (12) sheets, dated received , said Plans being on file with the City of Sunny Isles Beach Zoning Department, the undersigned, or their successors in interest, will abide by the following covenants which are voluntarily proffered: 1. Substantial Accordance with plans. The property shall be developed substantially in accordance with the spirit and intent of the plans previously submitted, prepared by Kobi Karp, Architect, and Andy Witkin, landscape architect. 2. Impact Fees. The Owners shall pay all applicable impact fees at the time of application for building permit or application for certificate of use and occupancy as per the City's Code. 3. Underground Utilities. Owner agrees to pay a prorata share of the cost to the city of under grounding utility lines in the public rights-of-way on Collins Avenue based on linear feet of frontage of the Owner's property. This sum shall be payable prior to issuance of permits by the City, These funds shall be earmarked and segregated to be applied solely for the purpose of converting utility lines on Collins Avenue to an underground site. The City shall determine, in its sole discretion, the schedule for commencement of this undergrounding activity, not to exceed five (5) years from the date hereof. In the event the City does not proceed with this project, the City shall return the sum volunteered hereunder to the Owner. 4. Collins Avenue Beautification. The Owner voluntarily agrees to pay a prorata share of the cost of landscaping by the City as provided by a landscaping plan developed by the City's landscape architect. That sum shall be based on the linear feet of frontage of Owner's property. The funds shall be payable prior to the 1