Resolution Zoning 12-Z-128 - Laserfiche WebLink

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This instrument was prepared by: Stanley B. Price, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131 -3456 i unii mu inu iim lull mil uui un mi CFN 2012RO234;B21 OR 8k 28057 F9s 4560 - 4563; (49s) RECORDED 04/03/2012 12120:19 HARVEY RUVINr CLERK OF COURT MIAMI -DADE COUNTYr FLORIDA (Space reserved for Clerk) DECLARATION OF RESTRICTIONS WHEREAS, the undersigned owner ( "Owner ") holds the fee simple title to the land in City of Sunny Isles Beach, Florida, ( "City ") described in Exhibit "A," attached hereto, and hereinafter called the "Property," and IN ORDER TO ASSURE the City that the representations made to the City during consideration of Public Hearing Application No. Z2012 -04 (the "Application "), filed by Sunny Isles Daycare Corp., will be abided by, the Owner freely, voluntarily, and without duress makes the following Declaration of Restrictions covering and running with the Property ( "Declaration "): (1) Limitation on Daycare -type Uses and Parking. No more than one facility used for daycare purposes may operate on the Property, and no such facility may comprise more than 4,000 square feet of usable interior space. Further, any daycare facility must give priority in enrollment to Winston Towers residents. The Owner shall provide four (4) parking spaces for exclusive use by the daycare facility. (2) City Inspection. It is hereby understood and agreed that any official inspector of the City, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the Owner is complying with the requirements of the building and zoning regulations and the conditions in this Declaration. (3) Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and may be recorded, at Owner's expense, in the public records of the City and shall remain in full force and effect and be binding upon the undersigned Owner, until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the Property and for the benefit of the City and the public welfare. Owner acknowledges that acceptance of this Declaration does not in any way obligate or provide a limitation on the City. MIAMI 291031 1.1 7957936929 32b 1211 39AN 28- 12 12-10:48 M4 MIAMI 2988273.1- 793 %91 3 9 2 9 3/28/12 11:40 AM