Reso 2014-2274 - Laserfiche WebLink

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This Instrument Prepared by and Return to: Hans Ottinot, City Attorney c/o City Clerk's Office City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Exhibit "B" RESTRICTIVE COVENANT THIS RESTRICTIVE COVENANT is made and entered into as of the 11?tiay of July, 2014, by TEMPLE B'NAI ZION, INC., its successors, assigns, heirs, ( "Owner "), Owner of the property located at 200 178t1 Street, Sunny Isles Beach, FL 33160, in favor of the CITY OF SUNNY ISLES BEACH, Florida, a municipal corporation ( "City"), whose address is 18070 Collins Avenue, Sunny Isles Beach, FL 33160. RECITALS WHEREAS, Owner holds fee simple title to certain real property ( "Property") located in the City of Sunny Isles Beach, Florida, more particularly described on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the Property is a historic property originally designated by the City and placed in the City of Sunny Isles Beach Register of Historic Places in accordance with Chapter 171, Historic Landmarks, of the City Code; and WHEREAS, pursuant to a Settlement Agreement and Release in the matter of Temple B'Nai Zion, Inc. v. City of Sunny Isles Beach, Florida, et al. Case No. 10- 24549- CIV -KMW, the Owner has agreed to execute and record this Restrictive Covenant in order to describe the adjusted development rights of the Property and the covenant to maintain the historic character of the Property as a religious institution, in exchange for the City transfer of development rights; and WHEREAS, the Owner has agreed that the Property shall be used as a religious institution and that the historical designation shall remain intact in perpetuity as set forth in City of Sunny Isles Beach Resolution No. 2010 -1579 in order to protect and enhance those qualities that made the Property eligible for listing in the City of Sunny Isles Beach Register of Historic Places; and WHEREAS, the City has agreed to permit the Owner to transfer up to Fifteen Thousand (15,000) square feet of floor area and five (5) dwelling units, of the existing allowable and unused development rights attributable to the Property in accordance with Resolution No. 227 ;and NOW, THEREFORE, in consideration of the foregoing premises, and in exchange for the transfer of development rights as described above, the Owner hereby agrees as follows: