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<br />This instrument was prepaR!d by:
<br />Ro~ f1ll~I" Esq.
<br />RobenFlil~I" P.A.
<br />200 South Blscayne Boulevard, Suite 4600
<br />Miami. Florida33131
<br />Tel. (305) 377-2SOO
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<br />.,.
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<br />OOR593652 2000 DEe 12 09:28;!
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<br />(Space reserved for Clerk.)
<br />
<br />DECLARA nON OF RESTRICTIONS AND GRANT OF EASEMENT
<br />
<br />WHEREAS, the undersigned Owner holds the fee simple title to the land in the city of
<br />Sunny Isles, Miami-Dade County, Florida, described in Exhibit "A," attached hereto, and
<br />hereinafter referred to as the "Property," and;
<br />
<br />WHEREAS, on April 12, 2000, the City of Sunny Isles, Department of Planning and
<br />Zoning administratively approved proposed site plans for a 150 Wlit apartment hotel to be
<br />constructed upon the property, subject to conditions contained therein, attached hereto as Exhibit
<br />"B" and hereinafter referred to as the "Site Plan", and; .
<br />
<br />WHEREAS the subject property is subject to a prior Declaration of Use, which is dated
<br />April 10, 1989, and which is recorded at O.R. Book 14091, Page 4732 of the Public Records of
<br />Miami-Dade County, Florida, a copy of which is attached hereto as Exhibit "e" and hereinafter
<br />referred to as the "Covenant", and;
<br />
<br />IN ORDER TO ASSURE the City that the representations made by the owner will be
<br />abided by the Owners freely, volWltarily and without duress, the Owner and the City agree as
<br />follows:
<br />
<br />(I) Develooment in Accordance With Plans. That said Property shall be developed
<br />substantially in accordance with the plans previously submitted, prepared by Manuel Perez- Vichot
<br />AlA, entitled, "New Apartment-Hotel Fantasy of the Ocean", as modified, dated the Inth day of
<br />April, 2000 and plans entitled "Preliminary Landscape Planting Plan" prepared by Brian D. J\I'Ir.~r,
<br />dated April 1, 2000, said plans being on file with the City of Sunny Isles Department of Planning
<br />and Zoning, and by reference made a part of this agreement. That the site plan submitted which met
<br />the approval of the Planning and Zoning Department, upon submittal of an application for a
<br />building pennit and/or Certificate of Use and Occupancy, shall include among other things but not
<br />limited to the location of buildings; types, sizes and locations of signs; light standards; off-street
<br />parking areas; exits and entrances; drainage; walls. fences, landscaping and irrigation, etc. and
<br />traffic engineering issues.
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