Resolution Zoning 98-Z- 9 - Laserfiche WebLink

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, . DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS that the undersigned, being the owner of the following described property, lying, being and situated in Dade County, Florida, to-wit: See Exhibit A attached hereto In order to assure the City Commission of Sunny Isles Beach, Florida, that the representation made to them by the Owner in connection with Application No. Z-98-0004 will be abided by, freely, voluntarily and without duress, make the following Declaration of Restrictive Covenants ("Declaration") covering and running with the above-described reaI property. That in order to achieve approvaI for the proposed apartment/hotel and condominium project as indicated in the plans entitled "Colonial Inn" prepared by The Sieger ArchitecturaI Partnership, sheets 1-26, dated 3/6/98 and sheet lA dated 3/17/98, and plans entitled "Colonial Inn Schematic Landscape Plan, prepared by Bradshaw, Gill & Associates, dated 3/5/98, as modified with appropriate reductions in FAR ("Approved Plans"), said Approved Plans being on file with the City of Sunny Isles Beach Zoning Department, the undersigned, or their successors in interest, will abide by the following covenants which are voluntarily proffered. 1. Substantial Accordance with Approved Plans. The property shall be developed substantially in accordance with the spirit and intent of the Approved Plans, prepared by Sieger Architectural Group, noted above, and as otherwise modified by the terms of this Declaration. 2. Tn:y>act Fees. The Owners shall pay all applicable impact fees at the time of application for building permit or application for certificate of use and occupancy as per the City's Code. 3. Underground Utilities. Owner agrees to pay a pro rata share of the cost to the city of under grounding utility lines in the public rights-of-way on Collins Avenue based on linear feet offrontage of the Owner's property in an amount not to exceed $375 per lineal foot of Owner's frontage on Collins Avenue. This sum shall be payable prior to issuance of certificates of occupancy by the City. These funds shall be earmarked and segregated by the City to be applied solely for the purpose of converting utility lines on Collins Avenue to underground facilities. The City shall determine, in its sole discretion, the schedule for commencement of this undergrounding activity, not to exceed five (5) years from the date hereof In the event the City does not proceed with this project within said time-frame, the City shall return the sum volunteered hereunder to the Owner. 4. Collins Avenue Beautification. The Owner voluntarily agrees to pay a pro rata share of the cost of landscaping by the City as provided by a landscaping plan developed by the City's landscape architect in an amount not to exceed $95 per lineaI foot of Owner's frontage on Collins Avenue. That sum shall be based on the linear feet of frontage of Owner's property. The funds shall be payable prior to the issuance of certificates of occupancy by the City and shall be earmarked and segregated by the City to be applied solely for the purpose of landscape and