Resolution Zoning 98-Z- 18 - Laserfiche WebLink

Home Browse Search

This miniment was pceparecl by: NlIme: .IoIeph Go GoIdIIIln. Esq, Ac:Idreas: GreenbelQ. Tnlwtg. P,A, 1221 Blickell Avenue MiamI. florida 33131 OfF ilEr. 9Si-{S90295 lQ98 DE 10 1..:''53 (Space reserved for CIeril) DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS that the undersigned, Williams Island Ocean Club. Inc., a Delaware corporation, being the o\\ner of the follOwing described property, lying, being and situated in Miami-Dade County, Florida. to-\\it (the "Property"): See Exhibit A attached hereto In order to assure the City CommisSion of Sunny Isles Beach. Florida (the "City") that the representation made to them by the O\\ner in connection with Application No. Z-98-0009 (the "Application") will be abided by, freely, voluntarily and \\ithout duress. make the fono~ing Declaration of Restrictive Covenants ("Declaration") covering and running with the Property: 1. t l'1derglollil\l Utilities. On or before six (6) months follo\\ing termination of the moratorium:.;~ ;':', osed, by City Ordinance 98-40. as may be extended by the City, Owner agrees to fund. to th" ~it)" in amount and in the manner hereinafter set forth. the reinstallation of public utility lines in the public right-of-way along the east side of the Collins Avenue frontage of the Property (the "Reinstallation"). In order to fund O\\.ner's Pro-rata ")hare of the Reinstallation costs. the Ownet; shall pro\ide the City ",;th either a bond or letter 0.' :;'edit or Place in escrow \\;th the City such amount,which is equal to the pro-rata share ofthe cost of the Reinstallation to, the City based on the length of the frontage of the Property in relation to the cost of reinstallation of the public utility lines along Collins Avenue \\ithin the City (based on an initial estimate by the City of $375 per lineal foot of frontage on Collins Avenue mult:,:":d by 402 lin~ feet of frontage on Collins Avenue'by the Property; hereinafter the "Pro-rata Share"). Notwithstanding anything herein to the contrary, in no event shall the Pro-rata Share of the Reinstallation costs or obligations hereunder exceed $150.750.00. The funds arid/or security provided by Owner shall be eannarked and' segregated by the City to be applied solely for the purpose of converting utility lines on Collins A venue to underground facilities, The City shall determine. in its sole discretion. the schedule for commencement of the Reinstallation. not to exceed five (5) years from the date of ex~cution of this instrument (the "'time Frame"). In the event the City does not proceed with the Reinstallation within the Time Frame and thereafter diligently purSue completion of same and provided that owner has funded the Pro-rata Share, the City shall return the Pro-rata Share or release the bond or letter of credit volunteered hereunder to the Owner. 2. Access Easement Along North Prooertv Line. The City shall not be obligated to issue a ~ertificate of occupancy for the use of the Property in accordance with the Application, until such time as Owner agrees to provide the City \\ith an instrunlent that grants to the City a ten (10) foot wide easement for pedestrian and vehicular access to and from Collins Avenue and the public beach fOf the benefit of the City generally along the north Property line (the ~'Easement"). Prior to the issuance of a certificate of occupancy for the use of the Property. the Owner shall allow reasonable public access through the Easement provided that such access does not interfere With the renovation, reconstruction or improvements to the Property. The Owner, at its discretion. shall have the right to relocate the Easement at any time (and from time to time), so long as, at all times, the City is provided ~ith a 10 foot ~ide area for ingress and ""1 .Ai. ~lilIU_~flt1~~~~~'~'~...l;-.l-:-.Mo~..,i"''''''.'''':'''::':-'"'''.:''.o';''V~-.......:..'.:.-:",.......:...._...,..........~.. -. ..... '.'^~r.? :iI !I: \~ .,'.,... .....' 'I" ',;1! :...*. ' . \~ -:~ 1 J:~ '.~.I \1 :~ :,~ ':~ :, f~~ :~ '!~ ,:., ..~ \i , .:~ ~~ "/; ,;.: .~i 1 ~, '{~ t ~. (1 ~ 'if< ,) ~ J " j ..~ ~~.\ i- ,.... , "!! ',' .". .-.....~, -:~!