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EXHIBIT "B" <br />This Instrument Prepared by <br />and Return to: <br />Hans Ottinot, City Attorney <br />c/o City Clerk's Office <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach, FL 33160 <br />CFN 2016F`iO443160 <br />OR EY. 30172 F9s 289-292 (09s) <br />RECORDED 07/29/2016 13:24:59 <br />HARVEY RUVIN e CLERK OF COURT <br />ItIAItI-DADE COUNTYs FLORIDA <br />RESTRICTIVE COVENANT TO RESTRICT USE OF LAND <br />FOR PUBLIC PURPOSE <br />THIS RESTRICTIVE COVENANT is made and entered into as of thea? dray of July, 2016, by the <br />CITY OF SUNNY ISLES BEACH, Florida, a municipal corporation ("Grantor" or "City"). <br />RECITALS <br />WHEREAS, the City is the fee simple owner of the open -space park at 215 185 Street <br />(hereinafter the "Property") in Sunny Isles Beach, Florida, as more thoroughly described in attached <br />Exhibit "A"; and <br />WHEREAS, the Property was acquired by the City in furtherance of its goal to provide a <br />space for community facility purposes located at 185th and Atlantic Avenue in the Golden Shores <br />Neighborhood; and <br />WHEREAS; the Property occupies approximately (.672) acres to be used for community <br />facility purposes, including, but not limited to an open -space park, parking area, and/or cultural <br />facilities not to exceed three (3) stories or forty-five (45) feet, whichever is greater, in height; and <br />WHEREAS, the Property will, serve the recreational and cultural needs of residents and <br />visitors alike; <br />NOW, THEREFORE, the City hereby declares that the Property shall be developed, <br />maintained, and owned subject to the following designations and restrictive covenant: <br />1. Recitals. The foregoing recitals are true and correct and incorporated into this Restrictive <br />Covenant by reference. <br />2. Restrictive Covenant. The City agrees to develop, maintain and own the Property for <br />community facility purposes, including, but not limited to, an open -space park, parking area, and/or <br />cultural facilities. Any proposed use of the Property shall be consistent with the terms and conditions <br />contained in this Restrictive Covenant. No use of the Property shall be allowed which is inconsistent <br />with the intent and purpose of this Restrictive Covenant. <br />3. Term. The provisions of this covenant shall become effective upon their recordation in <br />the Public Records of Miami -Dade County, Florida. <br />4. Modification, Release and Enforcement. Only the City and Beach Club Acquisition, <br />LLC, have the right to enforce this Restrictive Covenant. No other party will be deemed a third -party <br />L` <br />27 <br />