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<br />-"'{i' -" ,..., ~. <br />If.l' '_ ,..,..i..... _" <br />I)' 4.. ../ <br /> <br />This Instrument prepared by: <br />ABRAHAM A. GALBUT, ESQUIRE <br />ABRAHAM A. GALBUT, P.A. <br />999 Washington Avenue <br />Miami Beach, Florida 33139 <br /> <br />DECLARATION OF RESTRICTIVE COVENANTS <br /> <br />KNOW ALL MEN BY THESE PARENTS that the undersigned, CRESCENT <br />HEIGHTS XLIV, INC., a Florida corporation, as the owner of the following described <br />property (the Property) lying and situated in Miami-Dade County, Florida: <br /> <br />Tract "D" of GALAHAD-DADE, according to the Plat thereof, recorded <br />in Plat Book 92, at Page 16, ofthe Public Records of Miami-Dade County, <br />Florida; Less the North 40 feet thereof. <br /> <br />In order to assure the City Commission of the City of Sunny Isles Beach, Florida, <br />(City) that the representations made to them by the undersigned, in connection with <br />Resolution Nos. 98-Z-22 and 98-Z-23 will be abided by freely, voluntarily and without <br />duress, the undersigned makes the following Declaration of Restrictive Covenants <br />("Declaration") covering and running with the above-described real property; and <br /> <br />The in order to achieve approval for the proposed nursing home/adult living <br />facility project as indicated in the site plan entitled Residences of Sunny Isles, Inc., <br />prepared by Joseph Kallor, dated October 14, 1998 ("Approved Site Plan") on file with <br />the City of Sunny Isles Beach Zoning Department, the undersigned, or their successors in <br />interest, will abide by the following covenants which are voluntarily proferred: <br /> <br />1. Substantial Accordance with Approved Plans. The property shall be <br />developed substantially in accordance with the spirit and intent of the <br />Approved Site Plan, as otherwise modified by the terms of this Declaration. <br /> <br />2. Underground Utilities. Owner agrees to pay any necessary costs of <br />undergrounding the two utility poles located on the northern easement area of <br />the Owner's property prior to issuance of final certificates of occupancy <br />issued by the City, such undergrounding to be paid by Owner only in the <br />event that the poles are not undergrounded by the owner(s) of the property <br />located at 19333 Collins Avenue (Ocean One) and as represented by the plans <br />approved by Florida Power and Light under Work Order No. 7733 dated <br />October 9, 1998. The undersigned does now waive any rights at law or in <br />equity that it might have against the owner(s) of the property located at 19333 <br />