Reso 2014-2355 - Laserfiche WebLink

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This Instrument Prepared by and Return to: Hans Ottinot, City Attorney c/o City Clerk's Office Citv of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 RESTRICTIVE COVENANT TO DECLARE GATEWAY PARK AS AN OPEN SPACE, PARK AND CULTURAL FACILITY THIS RESTRICTIVE COVENANT is made and entered into as of the _ day of December, 2014, by the CITY OF SUNNY ISLES BEACH, Florida, a municipal corporation ("Grantor" or "Cih%'). RECITALS WHEREAS, the City is the fee simple owner of the Gateway Park and Parkin-, Garage located at 151 -287 Sunny Isles Boulevard (the "Property' or "Gateway Park ") in Sunny Isles Beach. Florida, as more thoroughly described in attached Exhibit "A'; and WHEREAS, the Property was acquired by the City in furtherance of its goal to provide open space, park and cultural facilities on the west side of Collins Avenue and south of 172nd Street; and WHEREAS, the Property occupies approximately four (4) acres on Sunny Isles Boulevard to be used for multi - purpose recreational, park and cultural facilities; and WHEREAS, the Property will serve the recreational and cultural needs of residents and visitors alike and is scheduled to be complete in 2015. NOW, THEREFORE, the City hereby declares that the Property shall be developed, maintained, and owned subject to the following designations and restrictive covenant: 1. Recitals. The foregoing recitals are true and correct and incorporated into this Restrictive Covenant by reference. 2. Restrictive Covenant. The City agrees to develop, maintain and own the Property as an open space, park and cultural facility. Any proposed use of the Property shall be consistent with the terms and conditions contained in this Restrictive Covenant. No use of the Property shall be allowed which is inconsistent with the intent and purpose of this Restrictive Covenant. 3. Term. The provisions of this covenant shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall-continue in effect for a period of ten (10) years following the Grant Award, after which time the provisions of this covenant shall automatically be null and void. Exhibit "B"