Resolution Zoning 99-Z- 39 - Laserfiche WebLink

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This instrument was prepared by: Name: Mark A. Rothenberg, Esq. Address: Bercow & Radell, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENT WHEREAS, the undersigned Owner holds the fee simple title to the land in Miami- Dade County, Florida, described in Exhibit" A", attached hereto, and hereinafter called the "Property," located at 18695 Collins Avenue, which is supported by the attorney's opinion attached as Exhibit "B", and IN ORDER TO ASSURE the City of Sunny Isles Beach ("City or Grantee") that the representations made by the Owner during consideration of Application No. 299-17 will be abided by the Owner freely, voluntarily and without duress makes the following Declaration of Restrictions ("this Declaration") covering and running with the Property: (1) Development in Accordance With Plans. Owner agrees that the Property shall be developed substantially in accordance with the plans previously submitted, prepared by Kobi Karp Architects Interior Designers entitled, "Bellagio", dated the 22nd day of September, 1999, consisting of 15 sheets, and landscape plans entitled "Bellagio" prepared by Witkin Design Group, dated the 8th day of October 1999, said plans being on file with the City of Sunny Isles Beach, and by reference made a part of this Declaration. Notwithstanding the foregoing, the maximum Floor Area Ratio for development in accordance with the foregoing plans shall be 3.8 (excluding computation of the garage). (2) Hotel/Condominum Use. Owner agrees that the hotel/condominium use will be established and maintained in accordance with the approved plans referenced ill paragraph 1 and that the Property will be accessible on a twenty-four (24)