Reso 2008-1291 - Laserfiche WebLink

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(2) Dedication. The City hereby dedicates in Perpetuity, the Property, legally described above and located at 18115 North Bay Road, Florida, as a Public Park and Community Center for recreation purposes and for the use and benefit of the public. (3) Limitation of Use. The Property indentified in Exhibit "A" has been acquired for development by the City with financial assistance provided by the Florida Department of Environmental Protection ("DEP") in accordance with the Project Agreement. Pursuant to DEP's rules, land already owned and then developed, or land acquired by the project sponsor with grant assistance, shall be dedicated in perpetuity as an outdoor recreation area for the general public for a minimum of twenty-five (25) years after completion of development. If the City should convert any part of the property, whether acquired or developed with grant assistance, to other than DEP approved recreational uses, the City shall replace the property at its own expense with a DEP approved property of comparable or greater size and quality. In lieu of such replacement, DEP may require return of grant funds disbursed to the project sponsor. Grant funds shall be refunded with interest, calculated at two percent (2%) over the prevailing prime rate as reported by the Federal Reserve. (4) Covenant Running- With- The- Land. This Declaration on the part of the City shall constitute a Covenant-Running- With- The-Land and shall be recorded in the Public Records of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the Owner, and its successors and/or assigns until such time as the same is modified or released pursuant to the terms hereof. These restrictions shall inure to the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. (5) Term. This Declaration shall be in perpetuity and shall be binding on all parties and all persons claiming under it unless the Project Grant Agreement is terminated or modified by either party. (6) Modification, Amendment, Release. In the event the Project Grant Agreement requires that this Declaration be modified, then, and only in that event, may this Declaration be modified, amended or released as to the land herein described. Should this Declaration be so modified, amended or released pursuant to the Project Grant Agreement, the City agrees to comply with the Project Agreement. (7) Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any provision of this Declaration. This Declaration is not intended and should not be construed to confer any rights on any third parties other than the City and DEP. The prevailing party in any action or suit pertaining to, or arising out of this Declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of its attorney, at trial and appeal. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. 2