HomeMy Public PortalAbout1993 Beach Access Easement Royal Biscayne Venture.tif"`r'. { 626 3444
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AMENDED AND RESTATED DECLARATION OF RESTRICTIVE
COVENANTS IN LIEU OF UNITY OF TITLE
AND MONETARY CONTRIBUTIONS'
Royal Biscayne Venture, a Florida General Partnership,
("Owner") hereby voluntarily makes,. declares, and imposes on the
property described below, these covenants running with the title
to the land, which shall be binding on the Owner, its heirs,
successors and assigns, personal representatives, mortgagees,
lessees, and against all persons claiming by, through, or under
them until such time as this instrument is released in writing as
hereinafter provided;
WHEREAS, Owner holds the' fee simple title to the
property in Dade County, Florida, described as follows:
SUBJECT PROPERTY: Tract 8, MATHESON ESTATES,
Plat Book 46, Page 86, together with Lot 1 of
Block 3 and Tracts A-1 and B-1 of Block 3 of
a replat of a portion of Basker Subdivision,
Plat Book 79, Page 50, subject to
limitations, restrictions and easements of
record,, if any (the "Property") ; and
WHEREAS, in 1989 Metropolitan Dade County was the local.
government having land use and zoning jurisdiction over the
Property and properly accepted the original Voluntary Covenant in
Prepared by:
Carter N. McDowell, Esq.
Fine Jacobson Schwartz Nash & Block
100 S.E. 2nd Street 35th P1.
Miami, FL 33131
'STATE OR FLORIDA, COUNTY OF OADE
I HEREHY CEsror niert this is a t,.. copy 01 ,i,
e ijinalf;tsi in this ollict on dor of
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W MESS r+tr h nd rod Of Ida: St:i.
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ERK, .IC.yu:t andCou,tyCowls
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Lieu of Unity of Title
Official Record. Book
Resolution No. Z-254-89
and Monetary Contribution as recorded in
14380 at Pages 822-835 and adopted
and Resolution No. Z-255-89 approving the
Hemmeter Continental Resort for Key Biscayne; after duly noticed
public hearing; and
WHEREAS, on June 18, 1991 the Village of Key Biscayne
was incorporated and Metropolitan Dade County approved the
Charter for the Village of Key Biscayne by Resolution No. 90-142
thereby officially transferring land use and zoning jurisdiction
over the Property to the Village of Key Biscayne, Florida; and
WHEREAS, on April 7, 1993 the Owner filed an
application to amend the previously approved plans and
Development Order with the Village of Key Biscayne (Public
Hearing No. 93-04); and
WHEREAS, Owner intends to develop the Property for a
hotel, apartment -hotel, residential and ancillary retail, private
health and beach club and 'other uses as described in Public
Hearing No. 93-04 (the "Project") and wants to assure the Village
of Key Biscayne, Florida that when such development is undertaken
1) the Project will be built in accordance with the provisions of
Article XXXIIID, the PAD District and total development plans and
2) the representations made by the Owner, in connection with the
approval of its zoning application (Public Hearing No. 93-04) and
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REC.
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the issuance of a modified Development Order approving the
development in accordance with Section 380.06 of thne Florida
Statutes, will be satisfied; and
WHEREAS Owner intends to develop the buildings on the
Property in a hotel, apartment condominium and single family
format of ownership with ancillary retail and other uses; and
WHEREAS, Owner may wish to convey portions of the
Property from time to time, and may wish to offer units as
condominiums, and is executing this instrument to assure the
Village that the sequential development of the Property with
future ownership will not violate the zoning or other land use
ordinances or regulations of the Village of Key Biscayne when it
is developed.
NOW, THEREFORE in consideration of the premises, Owner
hereby agrees as follows:
1. SUE PLAN. Pursuant to the provisions of Article
XXXIIID, Planned Area Development District (PAD), contained in
Chapter 33 of the Code of Metropolitan Dade County as adopted by
the Village of Key Biscayne, the, Property will be developed
pursuant to the following:
(a) Total development plan entitled "Grand Bay Towers
and Resort Key Biscayne" as prepared by The Nichols Partnership,
Inc. and Bradshaw, Gil, Fuster and Associates, consisting of 14
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sheets; dated revised 23 september 1993, on Sheets 1, 5, 6, 8, 9,
10, 11, 11A, 12 13 and 14; dated 23 July 1993 on Sheets 2, 4 and
7; and dated revised 1 September 1993 on Sheet 3; and
(b) Total number of apartment units/
dwelling units 412
Total number of hotel units 250
Total number of apartment/hotel
units 200
Total number of single family
homes 57
Total number of bedrooms 1,714
)
Total building coverage 17.6 acres
Total open space 28.81 acres
Common open space 26.20 acres
Gross and Net Residential Density 20.64 DU/Acre
Nonresidential and ancillary
facilities (including beach club
and health spa)
Public roads
Private Roads
Projected Permanent Population 520
4
97,200 sq.ft.
0 acres
5.50 acres
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?• RECIPROCAL EASEMENTS. where necessary, and to the
extent necessary; Owner will reserve easements and will grant
reciprocal cross -easements to the owners of each stage of
development, in and over the Property for utilities, water and
sewer lines, common parking areas, streets, driveways entrance
and exits, so that the integrity of the development shall be
maintained.
3. MULTIPLE OWNERSHIPS. In the event of multiple
ownership subsequent to site plan approval, each of the
subsequent owners, mortgagees, and other parties in interest
shall be bound by the terms, provisions and conditions of this
instrument.
4. HOMEOWNER'S ASSOCIATION. Owner will create prior
to the conveyance of any portion of the Property less than the
entire Property and prior to the issuance of the first building
permit, a master association which shall provide for the
maintenance of all common areas, private roadways,
cross -easements and other amenities common to the entire parcel
of land (the Property). This instrument shall not, however,
preclude. individual condominium or associations for, or owners
of, each stage from maintaining their own buildings or their own
common areas as long as such associations or owners, or the
members of such, associations, are members of the master
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association and each such condominium or other association is
required by this instrument to be members of the master
association.
5. MONETARY FIRE ,SERVICE CONTRIBUTION. To help
defray the capital costs of fire service expansion needs
benefitting the development of the Property, Owner shall
voluntarily contribute to the Village of Key Biscayne Fire
Department the sum of $160 per residential unit (which for
purposes of this paragraph includes both apartment/condominium
units and hotel units) and $0.16 per gross square foot of
commercial development on the Property. The fire service
contribution shall be made in two payments. The first payment of
$132,713.28 was made to the Village on August 7, 1993. The final
payment of the balance due is due simultaneously with and as a
condition of the issuance of a building permit for the 460th
hotel room and/or residential unit to be constructed on. the
Property. The _fire service contribution shall be adjusted for
cost -of -living charges over time, beginning December 8, 1989.
The standard for determining cost -of -living adjustments shall be
the Fixed -Weighted Price Index for Gross Private Domestic Fixed
Investment, Non -Residential ("Deflator"), issued quarterly by the
Bureau of Economic Analysis, United States Department of
Commerce.
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6. FIRE IMPROVEMENTS. In order to address
the
life/safety issues necessitated by the development of the
Property, the Owner shall provide the following:
a) All buildings shall comply with applicable fire
code regulations which are in effect at the time at which
building permit application is made.
b) A 15 foot fire access lane, stabilized to support
32 tons, shall be provided which shall encircle the project and
shall be placed no closer than 10 feet or farther than 32 feet
from the end of each building.
c) Emergency access gates to the north and south of
the Property are to be provided and shall be key locked or
controlled by other acceptable means of access approved by the
Village Fire Department.
d) Set-up sites for aerial equipment will be provided
at final development tract review.
7. VARIABLE MESSAGE SIGNAGE CONTRIBUTION. The
Village acknowledges that the Owner has paid $135,000 to Dade
County,on August 7, 1993 to be used towards the design and
installation of variable message signage including
communications, to be located in the vicinity of the Rickenbacker
Toll Plaza and Bear Cut. Said funds shall remain available until
expended or until the build -out date of the Development Order, as
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that date may be extended from time to time. Any funds that have
not been expended and or committed under a binding contract for
the improvements as of the build -out date of the Development
Order, as that date may be extended from time to time, shall be
returned to the Owner within 30 days. Nothing contained herein
shall preclude Owner from seeking an appropriate credit against
impact fees for this improvement.
8. •AMENDMENT AND RESTATEMENT OF PREVIOUSLY APPROVED
DECLARATION OF RESTRICTIVE COVENANTS. The provisions contained
herein shall amend, restate and supercede the' following document:
a) Declaration of Restrictive Covenants in Lieu of
Unity of Title and Monetary Contributions, recorded in Official
Record Book 14380 at Pages 822-835.
9. EASEMENT_FOR INGRESS AND EGRESS. The Owner hereby
reconfirms the perpetual easement for beach access granted
pursuant to the terms and conditions of that certain Dade County
Circuit Court Final Judgment in Case No. 69-1265 dated August 3,
1970 ,over the South ten feet of Tract B-i in Block 3 of a replat
of BASKER SUBDIVISION,
recorded in Plat Book 79
Dade County, Florida.
maintained by the Owner,
according to the Replat thereof, as
at Page 50, among the Public Records of
The.. easement so reconfirmed shall be
its successors and assigns and shall not
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REC. t sa6ar(3452
be terminated without approval of the Village Manager of the
Village of Key Biscayne. .
10. PROJECT ACCE S. Project access and egress
shall be solely from Crandon Boulevard. Owner shall be permitted
to maintain emergency vehicle access on Galen Drive and East
Heather Drive following final development tract review and
approval by the Village.
1 11. PUBLIC USE OF LAND S. AWARD OF THE COASTAII
CONSTRUCTION C9NTROL LINE. Owner hereby grants to the public the
same rights of use as hotel guests are entitled to with respect
1 to the portion of the Property seaward of the Coastal
Construction Control Line, as that line exists as of the date of.
this Declaration, except that such right of use shall not extend
1 to use of active recreation facilities such as swimming pools -and
the like which are reserved for the use of the hotel guest's, and
the residents of the Property, Beach Club members, Spa members
1 and their guests.
12. TERM OF DECLARATION. The provisions of this
instrument shall become effective upon their recordation in the
public records of Dade County, Florida, and shall continue in
effect for a period of thirty (30) years after the date of such
recordation, after which• time they shall be extended
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► automatically for -successive periods of ten (10) years, each,
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unless released in writing by the then owners of the Property (or
the Association named in paragraph 4 above, on their behalf) and
the Village of Key Biscayne .
13, MODIFICATION. The provisions of this instrument
may be amended, added to, derogated, deleted, modified, or
changed from time to time by recorded instrument executed either
bythe then Owner or a majority of the owners of all of the
Property or in the event that the Master Association referred to
above, has been created then by that Association provided that
such modification, amendment, or release is also approved by the
Village of Key Biscayne Council, after public hearing.
Should this instrument be so modified, amended, or
released, the Village Manager or his designee, or his successor,
shall forthwith execute a written instrument effectuating and
acknowledging such modification, amendment, or release.
14. ENFORCEMENT. Enforcement shall be by action at
law or in equity against any parties or persons violating or
attempting to violate any covenants, either to restrain violation
or to recover damages or both. The prevailing party in the
action or suit 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 his attorney.
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15. PRESUMPTION OF COMPLIANCE. When construction has
occurred on the. Property or on any portion of the. Property
pursuant to a lawful permit issued by the village, and
inspections made and approval of occupancy granted by the
Village, then such construction, inspections, and approval shall
create a presumption that the buildings or structures thus
constructed comply with the intent and spirit of this
Declaration.
16. INSPECTION. As further part of this agreement it
is hereby understood and agreed that any official inspector of
the Village of Key Biscayne, or its agents duly authorized, may
have the privilege at any time during normal working hours of
entering and investigating the use of the premises to determine
whether the Property complies with building and zoning
regulations and the conditions herein.
17. AUTHORIZATION TO WITHHOLD PERMITS AND INSPECTIONS.
In the event the. Owner is obligated to make payments or
improvements under the terms of this Declaration and such
payments are not made as promised, or such improvements are not
made as promised, in addition to any other remedies available,
the Village of Key Biscayne is hereby authorized to withhold any
further permits, and refuse any inspections or grant any
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approvals, with regard to the Property until such time this
Declaration is complied with.
18. SEVERAULITY. Invalidation of any of these
covenants, by judgment or court, in no way shall affect any of
the other provisions of this instrument, which shall remain in
full force and effect.
IN WITNESS WHEREOF, these presents have been executed
this _.6 day of December, 1993.
ROYAL BISCAYNE VENTURE,
A Florida General Partnership
By: THE EQUITABLE LIFE ASSURANCE
SOCIETY OF THB UNITED STATES,
A New York Corporation,
General Partner
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STATE OF-FLOIRF1 • )
': Yt.c ) SS .
COUNTY OF •Di E . )
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1•:9, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments,
as ,. ,t ,t,114k-tve, %Au,/ of The Equitable Life Assurance Society of
the United States, a New York Corporation, the Managing Partner
of Royal Biscayne Venture, a Florida General Partnership, known
to me to be the person described in or who produced as
identification and who executed the foregoing Voluntary
Declaration of Restrictive Covenants and Monetary Contributions
and acknowledged the execution thereof to be his free act and
deed as such officer, and that he affixed the official seal of
said corporation, .and the execution thereof is the act and deed
of said corporation and general partnership, and duly authorized
and directed by said corporation and partnership.
...it -IA
I HEREBY CERTIFY that on the _ day of
WITNESS my hand and official seal at 11th f
said County and State, the day and year last above mentioned.
My Commission Expires:
Na4ryt Pubtic, Gwtnnett County, gimps
My Commission Expires Feb. 23, 1995
176RL1545H/aw
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Name: E t HicKMAN
Commission No.:
Notary Public, State of
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1526231345?
ACK.OWLEDGMENT AND.AC TANCF+
BY VILLAGE OF KEY BISCAYNE
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KNOW ALL MEN BY THESE PRESENTS that:
The Village of Key Biscayne acknowledges and accepts the
foregoing Amended and Restated Declaration of Restrictive
Covenants in Lieu of Unity of Title and Monetary Contributions,
and each and all of the terms and provisions contained therein,
made by Royal Biscayne Venture, a Florida general partnership
dated December 16, 1993, and attached hereto.
DATED this 28 day of i , 1994.
VILLAGE OF KEY BISCAYNE
By:
ATTEST
Village Clerk
STATE OF FLORIDA )
COUNTY OF DADE )
RlCORD1O !N OPFICtAL RFCOtO! I
Of GAGE COUNTY, /LO* OA.
tKO!O %It'l .°
HARVEY MIN,
Clerk of Circuit & County
Courts
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The foregoing instrument was acknowledged before me this 4-0
day of f,244,, , 1994, by C S ai.Ae I k , of the
Village of Key Biscayne and attested to by amoy U. I0b0AAJio, ,
Village Clerk, of the Village of Key Biscayne who are personally.
known to me A. oc.-4red#c4d F%ova—�;D 'iver' s Liens a s. as
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1DCO228CNM.94
OFFICIAL NOTAR? SEAL '
JACK NEUSTAUT
NOTARY PUBLIC STATE OF FLORIDA
COMMISS1oN NO. CC 213312
MY COMMISSION W.JULY 8.1996
16 7 /Reeee,
NO Y PUBLIC
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Typed or Printed Name ;•
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'Commission No.
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DECLARATION or RESTRICTIVE •
COVENANTS IN LIEU Or UNITY Of TITLE
AND MONETARY CONTRIBUTIONS
Royal Biscayne Venture, a Florida General Partnership,
('Owner) hereby voluntarily makes, declares, and imposes on the
property described•below, these covenants running with the title
to the land, which shall be binding on the Owner, its heirs,
successors and assigns, personal representatives, mortgagees,
lessees, and against all persons claiming by, through, or under
then until such time as this instrument is released in writing as
hereinafter provided;
.wBEREAS, Owner. holds 'the fee simple title to the
property in Dade County, Florida, described In Exhibit Na'
attached and incorporated in this instrument (the 'Property');
and
• WHEREAS, Owner intends to develop the Property for a
hotel, residential and retail uses and various ancillary uses as
described in Public Nearing No. 89-422 (the 'Project') and wants
to assure Dade County that when such development is undertaken 1)
the Project will be built in substantial accordance with the
proffered plans and 2) the representations made by the Owner, in
Prepared byt
Stanley B. Price, Esq.
Fins Jacobson Schwartz Nash Block and England
100 S.E. 2nd Street 35th Fl. .
Miami, FL 33131
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connection with the approval of its zoning application (Public
Hearing No. 89-422) and the issuance of a Development Order
approving the development in accordance with Section 380.06 of
the Florida Statutes, will be satisfied; and
WHEREAS Owner intends to develop the buildings on the
Property in a hotel and apartment condominium format of ownership
with ancillary retail and other uses; and
WHEREAS, Owner may wish to convey portions of the
Property from time to time, and may wish to offer units as
condominiums, and is executing this instrument to assure the
County that the sequential development of the Property with
future ownership will not violate the Zoning Code or other land
use ordinances or regulations of Metropolitan Dade County when it
is developed.
NOW, THEREFORE in consideration of the premises, Owner
.hereby agrees as follows:
1. SITE.PLA 1. Pursuant to the provisions of Article
XXXIIID, Planned Area Development District (PAD),. contained in
Chapter 33 of the Code of Metropolitan Dade County, the Property
will be developed in substantial accord with the followings
(a) Total development plan entitled 'A Hemmeter and
Continental Resort for Key Biscayne" as prepared by Post, Buckley
Schuh and Jernigan, Inc., consisting of 13 sheets, all dated and
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stamped .received by the Building and Zoning Department November
17, 1989; and
(b) Total number of dwelling units 600
Total number of bedrooms 1,155
Total number of hotel units 800
Total building coverage 12 acres
Total open space 28.3 acres
Common open space 28.3 acres
Gross and Net Residential Density 26 DU/Acre
Nonresidential construction 58,600 sq.ft.
Public roads 0 acres
Private Roads 4.8 acres
Projected Permanent Population 640
2. RECIPROCAL BASEMENTS. Where necessary, and to the
extent necessary, Owner will reserve easements and will grant
reciprocal cross -easements to the owners of each stage of
development, in and over the Property for utilities, water and
sewer lines, common parking areas, streets, driveways entrance
and exits, so that the integrity of the development shall be
maintained.
3. MULTIPLE OWNERSHIPS. In the event of multiple
ownership• subsequent to site plan approval, each of the
subsequent owners, mortgagees, and other parties in interest
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shall be bound by the terms, provisions and conditions of this
instrument.
4. HOMEOWNER'S ASSOCIATION. Owner will create prior
to the conveyance of any portion of the Property less than the
entire Property and prior to the issuance of the first building
permit, a master association which shall provide for the
maintenance of all common areas, private roadways,
cross -easements and other amenities common to the entire parcel
of land (the Property). This instrument shall not, however,
preclude individual condominium or associations for, or owners
of, each stage from maintaining their own buildings or their own
common areas as long as such associations or owners, or the
members of such associations, are members of the master
association and each such condominium or other -association is
required by this instrument to be members of the master
association.
5. MONETARY FIRE SERVICE CONTRIBUTION. To help
defray the capital costs of fire service expansion needs
benefittinq the development of the Property, Owner shall
voluntarily contribute to the Dade County Tire Department the sum
of 5160 per residential unit (which for purposes of this
paragraph includes both apartment/condominium units and hotel
units) and 50.16 per gross square foot of commercial development
on the Property. The fire service contribution shall be made in
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two payments each equal to one half of the total due. The first
payment is due simultaneously with and as a condition of any plat
approval or waiver of plat approval for a portion of the Property
or the issuance of the first building permit for the development
of the Project in the event that no platting is required. The
final payment is due simultaneously with and as a condition of
the issuance of a building permit for the 700th hotel room and/or
residential unit to be constructed on the Property. The fire
service contribution shall.be adjusted for cost -of -living charges
over time, beginning on the day following approval, at a public
hearing, of the subject application. The standard for
determining cost -of -living adjustments shall be the
Fixed -weighted Price Index for Gross Private Domestic Fixed
Investment, Non -Residential ('Deflator'), issued quarterly by the
Bureau of Economic Analysis, United States Department of
Commerce.
.6. FIRE IMPROVEMENTS. In order to address the
life/safety issues necessitated by the development of the
Property, the Owner shall provide the following:
a) All buildings shall be fully fire sprinkled.
b) A 15 foot fire access lane, stabilized to support
32 tons, shall be provided which shall encircle the project and
shall .be 'placed no closer than 10 feet or farther than 32 feet
from the end of each building.
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c) Emergency access gates to the north and south of
•the •Property are to be provided and shall be key locked or
controlled by other acceptable means of access approved by the
Dade County Fire Department.
d) Set-up sites for aerial equipment will be provided
at final development tract review.
7. VARIABLE MESSAGE SIGNAGE CONTRIBUTION.
Simultaneously with and as a condition of the issuance of the
first building permit for the development of the Project, the
Owner shall voluntarily contribute $135,000 to Dade County, or
like kind improvements subject to Dade County specifications, to
be used towards the design and installation of variable message
signage including communications, to be located in the vicinity
of the Rickenbacker Toll Plaza and Bear Cut. In the -event that
the Owner chooses to contribute the funds to Dade County, such
funds shall remain available until expended or until the
build -out date of the Development Order, as that date may be
extended from time to time. Any funds that have not been
expended and or, committed under a binding contract for• the
improvements as of the build -out date of the Development Order,
as that date may be extended from time to time, shall be returned
to the Owner within 30 days. Nothing contained herein shall
preclude Owner from seeking an appropriate credit against impact
fees for this 'improvement.
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8. RECISION Or PREVIOUSLY APPROVED DECLARATION OF
RESTRICTIVE COVENANTS. The provisions contained herein shall
supercede and rescind the following.documents:
a) Declaration of Restrictive Covenants, recorded in
Official Record Book 11357 at Pages 401 - 405; and
b) Grant Agreement, recorded in Official records Book
11357 at Pages 406 - 410; and
c) Declaration of Restrictive Covenants recorded in
Official Records Book 11440 at Pages 1691 - 1694.
9. EASEMENT FOR INGRESS AND EGRESS. The Owner hereby
reconfirms the perpetual . easement for beach access granted
pursuant to the terms and conditions of that certain Dade County
Circuit Court Final Judgment in Cast No. 69-1265 dated August 3,
• 1970 ,over the South tan feet of Tract B-1 in Block 3 of a replat
of BASKER SUBDIVISION, according to the Replat thereof, as
recorded in Plat Book 79 at Page 50, among the Public Records of
Dada County, Florida, The easement so reconfirmed shall be
maintained by the Owner, its successors and assigns and shall not
be terminated without approval of the Dada County Building and
Zoning Department.
• 10. PROJECT ACCESS. Project access and egress
shall be solely from Crandon Boulevard. Owner shall be permitted
to maintain emergency vehicle access on Galen Drive and East
Heather Drive •following final development tract review and
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approval by the Dade County Public Works Department and the Dade
County Fire Department.
11. PUBLIC USE or LAND SEAWARD OF THE COASTAL
CONSTRUCTION CONTROL LINE. Owner hereby grants to the public the
same rights of use as hotel guests are entitled to with respect
to the portion of the Property seaward of the Coastal
Construction Control Lino, as that line exists as of the date of
this Declaration, except that such right of use shall not extend
to use of active recreation facilities such as swimming pools and
the like which are reserved for the use of the hotel guests and
the residents of the Property and their guests. •
12. •TERX. OF DECLARATION. The provisions of this
instrument shall become effective upon their recordation in the
public records of Dade County, Florida, and shall continue in
effect for a period of thirty (30) years alter the date of such
recordation, after which time they shall be* extended
automatically for successive periods of ten (10) years, each,
unless released in writing by the then owners of the Property (or
the Association named in paragraph 4 above, on their behalf) and
Dade County.
13. MODIFICATION. The provisions'of this instrument
may be amended, added to, derogated, deleted, modified, or
changed from time to time by recorded instrument executed either
by the then Owner or a majority of the owners of all of the
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property or by the Master Association referred to above, provided
that such modification, amendment, or release is also approved by
the Board of County Commissioners, after public hearing.
Should this Declaration of Restrictive Covenants be so
modified, amended, or released, the Director of Metropolitan Dade
County Building and Zoning Department, or his successor, shall
forthwith execute a written instrument effectuating and
acknowledging such modification, amendment, or release.
14. ENFORCEMENT. Enforcement shall be by action at
law or in'equity against any parties or persons violating or
attempting to violate any covenants, either to restrain violation
or to recover damages or both. The prevailing party in the
action or suit 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 his attorney.
15. PRESUMPTION OF COMPLIANCE. When construction has
occurred on the Property or on any portion of the Property
pursuant to a lawful permit issued by Dade County, and
inspections made and approval of occupancy granted by Dade
County, then such construction, inspections, and approval shall
create* a presumption that the buildings or structures thus
constructed comply with the intent and spirit of this
Declaration.
-9-
f ax0018 P 1831
r
16. INSPECTION. As further part of this agreement it
is hereby understood and agreed that any official inspector of
the Dade County Building and Zoning Department, or its agents
duly authorized, may have the privilege at any time during normal
working hours of entering and investigating the use of the
premises to determine whether the Property complies with building
and zoning regulations and the conditions herein.
17. AUTHORIZAT/ON TO WITHHOLD PERMITS AND INSPECTIONS.
In the event the Owner is obligated to make payments or
improvements under the terms of this Declaration and such
payments are not made as promised, or such improvements are not
made as promised, in addition to any other remedies available,
the Dade County Building and Zoning Department is hereby
authorized to withhold any further permits, and refuse any
inspections or grant any approvals, with regard to the Property
until such time this Declaration is complied with.
16. SEVERABILITT. Invalidation of any of these
covenants, by judgment or court, in no way shall affect any of
the other provisions of this instrument, which shall remain in
full force and effect.
r
111
-10-
�► $x0015P 1832
N
IN WITNESS WXEAEOr, these presents have been executed
this '' day of , 1989.
ROYAL BISCAYNE VENTURE,
A Florida General Partnership;
By: THE EQUITABLE LITE ASSORANCE
SOCIL'r'Y or THE UNIT! STATES,
A Hew York Corporation,
Managing Partner;
i
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By;
By:
By=
. Juntoniewic
t• Officer
4Z4.46AL4A..%.
erwood M. Heiser,
as Tru. N
as Trustee
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Irr
STATE OF FLORIDA )
) SS.:
COUNTY Or DADE )
I HERESY CERTI?Y that on the
as Trustee
day of 4L,,' ••'�
1989, personally appeared before as, an officer duly authorized
to administer oaths and take acknowledgments, WALDEMAR J.
ANTONIEWICZ as Investment Officer of The Equitable Life Assurance
Society of the United States, a New York Corporation, the
-11-
BXO015P 1833
"
M a n a g i n g P a r t n e r o f R o y a l B i s c a y n e V e n t u r e , a F l o r i d a G e n e r a l
P a r t n e r s h i p , k n o w n t o m e t o b e t h e p e r s o n d e s c r i b e d i n a n d w h o
e x e c u t e d t h e f o r e g o i n g V o l u n t a r y D e c l a r a t i o n o f R e s t r i c t i v e
C o v e n a n t s a n d M o n e t a r y C o n t r i b u t i o n s a n d a c k n o w l e d g e d t h e
e x e c u t i o n t h e r e o f t o b e h i s f r e e a c t a n d d e e d a s s u c h o f f i c e r ,
a n d t h a t h e a f f i x e d t h e o f f i c i a l s e a l o f s a i d c o r p o r a t i o n , a n d
t h e e x e c u t i o n t h e r e o f i s t h e a c t a n d d e e d o f s a i d c o r p o r a t i o n a n d
g e n e r a l p a r t n e r s h i p a n d d u l y a u t h o r i z e d a n d d i r e c t e d b y s a i d
c o r p o r a t i o n a n d p a r t n e r s h i p .
W I T N E S S m y h a n d a n d o f f i c i a l s e a l a t 2 7 J i : r t . , i n
s a i d C o u n t y a n d S t a t e , t h e d a y a n d y e a r l a s t a b o v e m e n t i o n e d .
. , . ' ��
N o t a r y P u b l i c , S t a t e o f F l o r i d a
I
p
M y C o m z m n i s s i o n E x p i r e s :
N M I ! M t n S t i t t a , p u m a
o m t m e t i a . I t c t f . 1 e
N o d 1 d % : G F B I I t 1 5 : . r A O .
S T A T E O F F L O R I D A )
) S 5 . :
C O U N T Y o r D A D E )
I , a n o f f i c e r a u t h o r i z e d t o t a k e a c k n o w l e d g e m e n t s '
a c c o r d i n g t o t h e l a w a n d d u l y q u a l i f i e d , a n d s o a c t i n g , d o h e r e b y
c e r t i f y t h a t o n t h i s d a t e p e r s o n a l l y a p p e a r e d b e f o r e m e S H E R W O O D
M . W E I S E R , a s T r u s t e e , w h o i s t o m e p e r s o n a l l y k n o w n a n d w h o
a c k n o w l e d g e d t h e . f o r e g o i n g i n s t r u m e n t f o r t h e p u r p o s e s t h e r e i n
c o n t a i n e d , a n d h a s a c k n o w l e d g e d t h a t h e w a s a u t h o r i z e d u n d e r t h e
- 1 2 -
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4
4•.
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a
trust to execute said instrument on behalf of the beneficiaries
of the trust.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal at Miami, Dads County, Florida this ' ""- day of December,
I989.
i Notary Public, State of Florida
My Commmission Expires:
mar r..tte riot v rr•"11
r ernInle► tr. ate t:, ►o
Irma ;.+v C*:a.t u:..a.
STATE OF FLORIDA )
) SS.:
COUNTY OF DADE )
I, an officer authorized to take acknowledgements
according to the law and duly qualified, and so acting, do hereby
certify that on this date personally appeared before tae DONALD E.
LEFTON, as Trustee, who is to me personally known and who
acknowledged the foregoing instrument for the purposes therein
contained, and has acknowledged that he was authorized under the
trust to execute said instrument on behalf of the beneficiaries
of the trust.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal at Miami, Dade County, Florida this >," day of December,
1989.
My Commission Expires:
b
4
Notary Public, State of Florida
-13-
1.1", '...:C :��•i J %:?' "
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... ..•5 "• V.: :1:, 03.
ax0015?1835
STATE OF FLORIDA )
SS.:
COUNTY OF DADS )
I, an officer authorized to take acknowledgements
according to the law and duly qualified, and so acting, do hereby
certify that on this date personally appeared before me IRVING
SELDMAN, as Trustee, who is to me. personally known and who
acknowledged the foregoing instrument for the purposes therein
contained, and has acknowledged that he was authorized under the
treat to execute said instrument on behalf of the beneficiaries
of the trust.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal at Miami, Dade County, Florida this 614' day of December,
1989.
Notary Public•, State of Florida
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My Commmission Expires:
12/1/89-aw/3
RLs:176RL1899D
NMI Pattt ttutt a ttfktM
w co.:t~u+ tr. Xt tl,L�ft
MSGr:.iu a =ta+: In. c4.
-14-
Bx0015P1836
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ti
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
I, RICHARD P. BRINKER, Clerk of the Circuit Court in and for Dade County,
Florida, and Ex -Officio Clerk of the Board of County Coauaissiooars of said County,
DO HEREBY CERTIFY that the above and romping is a true and correct copy of
Resolution No. Z-254-89
sioners at its meetini hold on
, adopted by.the said Board of County Commis -
7th December .1999
IN WITNESS WHEREOF, I have hereunto set my hand and official seal on
this 15th day of December , A. D. 1989
103.01-) MY. 11/73
le
RICHARD P. BRINKER, Ex -Officio Clerk
Board of County Commissioners
Dade County, Florida
Board of County Commissioners
Dade County, Florida
8X0015P ! 837