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This instrument is prepared by (and after recording)
<br />please return this instrument to:
<br />Edward A. Dion, Esq.
<br />City Attorney
<br />City of Sunny Isles Beach
<br />18070 Collins Avenue
<br />Sunny Isles Beach, Fl, 33160
<br />Reserved for Recording
<br />DECLARATION OF RESTRICTIVE COVENANTS
<br />IN LIEU OF UNITY OF TITLE
<br />The undersigned, TIMOTHY R. MULLEN and BEATRIZ C. ZAHLENE ("Owners"), hereby
<br />make, declare and impose on the land herein described, this Declaration of Restrictive Covenants in
<br />Lieu of Unity of Title (the "Declaration"), and the covenants running with the title to the land and water
<br />contained herein, which shall be binding on the Owners, all heirs, grantees, successors and assigns,
<br />personal representatives, mortgagees, lessees, and against all persons claiming by, through or under
<br />them.
<br />WHEREAS, Owners are the Owners of that certain properties located in the City of Sunny Isles
<br />Beach (the "City"), located at 434 Poinciana Island Drive, Unit 1626 (dock slip 4382 and 357 Poinciana
<br />Island Drive, Unit 1111 (dock slip 444) ("the Property"), in the City of Sunny Isles Beach, Florida (the
<br />"City"); and
<br />WHEREAS, a private docking facility in the rear of the Property has been constructed, all
<br />particularly described in Exhibit "A" and the Owners intend on utilizing the Property as a joint docking
<br />facility in accordance with the permit issued by the City, subject to certain conditions.
<br />NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby
<br />acknowledged, Owners hereby agree as follows:
<br />1. The Owners of the Property hereby agree and declare that (i) the Owners shall by jointly
<br />responsible for maintaining the dock, (ii) for the purpose of determining compliance with all aspects of
<br />the Land Development Regulations of the City, including without limitation, FAR, density, and
<br />setbacks, the Property shall be considered as one plot and parcel of land, and (iii) so long as this
<br />instrument shall remain in effect, any and all conveyances or transfers of all or any portion of the
<br />Property by the Owners, its grantees, successors and assigns, shall be subject to the terms and
<br />restrictions of this Declaration as if any such grantee, successor, or assign were a party hereto or a
<br />signatory hereof. Nothing in this Declaration shall prohibit the submission of the Property to
<br />condominium Ownership and the conveyance of individual condominium units to individual
<br />purchasers.
<br />2. The provisions of this instrument shall become effective upon their recordation in the
<br />Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30)
<br />years after the date of such recordation, after which time they shall be extended automatically for
<br />successive periods of ten (10) years each, unless released in writing by the following: (i) then Owners
<br />of the Property (or if any portion of the Property has been submitted to the condominium, then by the
<br />condominium association governing such condominium in lieu of all of the Owners thereof) AND (ii)
<br />the Zoning Administrator of the City, or his or her respective designees or successors, upon the
<br />demonstration and affirmative finding that the same is no longer necessary to preserve and protect the
<br />Property for the purposes herein intended.
<br />
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