Resolution Zoning 98-Z- 23 - Laserfiche WebLink

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Collins Avenue as a result of any costs incurred by the undersigned to underground utility poles. 3. Parking Covenant. The undersigned covenants and agrees that the property located at 19201 Collins Avenue shall be permitted to utilize up to 508 parking spaces in the parking structure(s) to be constructed on the Property, subject to the following: (i) that the property located at 19201 Collins Avenue remain a hotel/condominium; (ii) that the required parking at 19201 Collins Avenue for hotel/condominium use cannot be provided on site; (iii) that any decrease in the current requirement of 393 required parking spaces at 19201 Collins Avenue shall result in a deduction of the parking to be utilized in the parking structure(s) on a 1 to 1 basis; (iv) that parking in the parking structure(s) for the property located at 19201 Collins Avenue shall be on a 24- hour valet basis exclusively, and no owner, guest, tenant or facility user of any kind for the property located at 19201 Collins Avenue, shall have access to the parking garage except through the use of the valet parking service; that only the required parking for the Property shall occur on the uncovered surface spaces on the Property, and that all parking spaces in the parking structure(s) shall be designated, reserved spots for both the Property's required parking and the required parking for 19201 Collins Avenue. Valet access to the Property shall be through the north entrance as shown on the Approved Site Plan, and no valet access shall be permitted on Collins Avenue, Owner agrees that any vertical improvements erected on the Property, except for ground level landscaping and ground level recreational areas, shall not exceed thirty-five and seven tenths (35,7") feet in height above mean sea level. In addition to any parking that may be provided for in the vertical improvements, parking shall be permitted on the roof of any improvements to be erected. 4. Covenant Running with the Land. This covenant shall be for the benefit of, and limitation upon, all present and future owner(s) of the real property and for the public welfare. This Declaration, on the part of the Owner, shall constitute a covenant running with the land and shall be recorded in the public records of Miami-Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned, and the heirs, successors and assigns until such time as the same is modified or released. 5. Enforcement. Enforcement shall be by action against any parties or persons violating or attempting to violate any provision of this Declaration, This Declaration, and the acceptance by the City, is not intended and should not be construed to confer any rights or any third parties other than the Owner and the City. The prevailing party in any action or suit pertaining to or arising out of this Declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may order to be reasonable for the services of its attorney, at trial and appeal. This