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<br />issuance of permits by the City and shall be segregated solely for the purpose of <br />landscape and beautification. The City shall determine, in its sole discretion, the <br />schedule for this landscaping activity, not to exceed five (5) years from the date <br />hereof. In the event the City does not proceed with this project, the City shall return <br />the sum volunteered hereunder to the Owner. <br /> <br />5. Public Access, The Owner agrees to provide public access to the <br />bayfront as per the approved plans. <br /> <br />6, Unit Configuration. The owner agrees to provide a maximum of one full <br />bathroom within each bedroom unit as per the approved plans, The numbers of full <br />bathrooms will be limited to the maximum number of bedrooms approved at public <br />hearing by The City Commission, Further there shall be no direct egress from a <br />bedroom into a common corridor which is part of the means of egress from the <br />building except for single room units shown on the approved plans at the time of the <br />site plan approval. Owner understands that the City shall inspect the premises from <br />time to time to ensure that this covenant is complied with, <br /> <br />7. Use. The Owner agrees that all units will be available for rental, and no <br />more than 5% ofthe individual hotel units shall be occupied for more than six <br />months. <br /> <br />8. Covenant Running with the Land, These restrictions during their lifetime <br />shall be for the benefit of, and limitation upon, all present and figure owner( s) of the <br />real property and for the public welfare. <br /> <br />This agreement on the part of the Owner shall constitute a covenant running with the <br />land and may be recorded in the public records of Dade County, Florida, and shall <br />remain in full force and effect and be binding upon the undersigned, and their heirs, <br />successors and assigns until such time as the same is modified or released. <br /> <br />9. Term. These covenants are to run with the land and shall be binding an all <br />parties and all persons claiming under them for a period of thirty (30) years from the <br />date these covenants are recorded, after which time they shall be extended <br />automatically for successive period of ten (10) years each, unless an instrument <br />signed by the them Owner(s) of the subject real property has been recorded agreeing <br />to change the covenants in while, or in part, provided that the covenants have first <br />been modified or released by the City of Sunny Isles Beach. <br /> <br />10. Modification, Amendment and Release. This Declaration of Restrictive <br />Covenants may be modified, amended or released as to the land herein described, or <br />any portion thereof, by a written instrument executed by the then Owner(s) ofthe fee <br />simple title of such lands petitioning such modification~ amendment, or release, <br />provided that the same is also approved by the City Commission after public <br />hearing. <br /> <br />2 <br />