Resolution Zoning 98-Z- 28 - Laserfiche WebLink

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, " " 99R306745 1999 JUN 1+ 11:29 DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS that the undersigned, being the owner of the following described property, ,lying, being and situated in Dade County, Florida, to wit: ',. I 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 Z-97-000126(C) will be abided by, freely, voluntarily and without duress, make the following Declaration of Restrictive Covenants ("Declaration") coveringcand running with the above-described real property: That in order to achieve approval for the proposed condominium project as indicated in the plans entitled A ventura Beach Chateau Condominiums prepared by Kobi Karp Architecture and Interior Design sheets , dated 6/5/98, and plans entitled Aventura Beach Chateau Schematic Landscape Plan, prepared by Andy Witkin, dated said plans filed 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 Approved Plans. The property shall be developed substantially in accordance with the spirit and intent of the Approved Plans, prepared by Kobi Karp Architecture and Interior Design, noted above, and as otherwise modified by the terms of this Declaration. 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 and 250 feet of the property to the north of Owner's properly (Aventura Beach Club) in an amount not to exceed $375 per lineal foot of Owner's frontage and Aventura Beach Club frontage (not to exceed 250 feet) on Collins Avenue. This sum shall be payable prior to issuance of certificates of occupancy by the City. These funds shall be earmarked and segregated by the City to be applied solely for the purpose of converting utility lines on Collins Avenue to underground facilities, 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 within said time-frame, the City shall return the sum volunteered hereunder to the Owner. The Owner reserves the right during construction to work directly with FPL and other utility companies to underground the utilities. ~ CCJtbt~ ~ CUll "0 t ~ , 4, Collins Avenue Beautification. The Owner voluntarily agrees to pay a share of the cost of landscaping by the City as provided by a landscaping plan developed b City's landscape architect in an amount not to exceed $95 per lineal foot of Owner's fronta