HomeMy Public PortalAboutDeclaration of Key Biscayne Hotel & Villas (Tab1).tif-(eSlienLId1
DECLARATION OF RESTRICTIVE
COVENANTS IN LIEU OF UNITY OF TITLE
MONETARY CONTRIBUTIONS AND PEDESTRIAN EASEMENT
Key Biscayne Hotel & Villas Limited Partnership ( Owner )
hereby voluntary makes declares and imposes on the property
described below, the 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 herein-
after provided
WHEREAS Owner holds the fee simple title to the property in
Dade County, Florida described in Exhibit 'A attached and
incorporated in this instrument (hereinafter referred to as the
Property ) and
WHEREAS, Owner intends to develop the Property for a hotel
residential uses and various ancillary uses and wants to assure
Dade County that 1) the development will be built in substantial
accordance filth the proffered plans and 2) the representations
made by the Owner in connection with the approval of its zoning
application (Public Hearing No 89-123) and the issuance of a
Development Order approving the development in accordance 41th
Section 380 06 of the Florida Statutes will be satisfied and
WHEREAS Owner _ntends ro develop the buildings on the Prop-
erty in a hotel and condominism format of ownership and/or in two
or more phases and
WHEREAS, Owner may wish to convey portions of the Property
from time to time and may 4ish to offer units as condominiums
and is executing this instrument to assure the County that the
phased development of the vropert} with future ownership will not
violate the Zoning Code or other land use ordinances or regula-
tions of Metropolitan Dade County when it is developed
Prepared by
Kerri L Harsh Esq
Greenberg Traurig Hoffman
Lipoff, Rosen & Quentel P A
1221 Brickell Avenue
Miami Florida 33131
NOW THEREtORE in consideration of the premises Owner
nereby agrees as follows
Site Plan The Property will be developed In sub-
stantlal conformity with the site plan ent_tled Key Biscayne
Hotel & Jillas prepared by Edward D Stone Jr and Associates
Spillis Candela & Partners, Inc Metric Engineering, Inc
Mouriz Salazar Associates, Inc Frizzell Hi -1 Moorhouse
Architects CLP of Florida Inc Arch_~ec s and Robert M
Swedroe P A Architects consisting of 95 sheets all stamped
received by the Building and Zoning Department on August 15,
1989 and the lake excavation plans entitles Key Biscayne Hotel
and Villas Proposed Lake Excavation prepared by Metric
Engineering, Inc , stamped received by ~ne Building and Zoning
Department on August 31 1989 (collectively referred to as -re
Plans )
2 Phased Development If the proper*r _s developea n
phases eacn phase 4111 be developed _n slips-ant_al accoraance
4i~n ne s `e plan and all zoning requ_ emer-s Eacn pnase or
stage ot ce;elooment when standing ndeceneent_y or _n con-1unc-
~ion 41-h exist-ng, developed cont_guous ondses or stages shall
'nee- all zoning requirements This prcvis on shall rot be sub-
Pc- o _a -equest for a variance
3 Reciprocal Easements here -ecessary anc o re
extent necessary Owner hereo reser es easements ana Hereby
gran*s reciprocal cross-easemer-s ~o he c're s of eacn onase or
staae of development in ano cier -he 7rope ~; `or ut_1_t_es
.iater and sewer lines common par{_ng are.71 tree s dr_;eways
entrance and exits so that the lntegr_ or the development
shall be maintained
4 Multiple Ownerships in he e;en. of multiple owner-
ship subsequent ~o site plan approval mac' of he subsequent
owners mortgagees and other car es ~-erest shall oe pound
cv --e -erms prc;isions and cons. _ors = - s nst-_me
5 Homeowner s Association
Key Biscayne Hotel and Villas Community Association,
Inc has peen created or will be created prior to the con-
veyance of any portion of the Property, for the entire develop-
ment (total property) as a master association which shall provide
for the maintenance of all common areas, certain roadways, cross -
easements, and other amenities common to the entire parcel of
land (the Property) This instrument shall not however pre-
clude individual condominium or associations for or owners of,
each phase or stage to maintain their own buildings or other own
common areas as long as such associations or owners, or the
members of such associations are members of the master asso-
ciation and each such condominium or other association is
required by this instrument to be members of the master asso-
ciation
6 Monetary Fire Service Contribution To help defray
the capital costs of future fire service expansion needs bene-
fitting the development of the Property Owner shall voluntarily
contribute to the Dade County Fire Department the sum of
$239 470 00 which represents $160 00 per residential unit and
$0 16 per square foot of commercial development on the Property
The fire service contribution shall be made in two parts the
first payment is due at the time of platting or waiver of plat
approval on the Property or any portion thereof and the final
payment is due at the time of the ssuance of a building permit
for the 693rd hotel room and/or residential unit to be con-
structed 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 adjust-
ments shall be the Fixed -Weighted Price Index for Gross Private
Domestic Fixed Investment, Non -Residential ( Deflator ), _ssued
quar*erly Dv the Bureau of Cconomic Analysis United States
Department of Commerce
- 3
7 Cntrance Feature Improvements ;ssoc_ated 4ith Bill
3acgs Cape -lorida State Recreation Area Owner shall ;olun-
-ar_ly contribute $140,000 ro be used towards the design and
const-uct.on of the improvements on state property at the Bill
3aggs State Park entrance before the issuance of any final
certificate of occupancy Owner shall obtain approval of the
final design of the entrance by the Daae County aublic Aorks
Department and State Department of Natural Resources
8 Variable Message Signage Contr_buton Owner shall
/oluntarily contribute $65,000 to Dade County to be ssed towards
the design and installation of variable message signage including
communications to be located in the vicini-y of the Rickenbacker
Toll Plaza and Bear Cut Owner shall make -tese funds available
.iithin six months of the adoption of the Development Order and
such funds shall remain available unt_ expended or until
December 31 1995 whichever occurs first
9 Roadway Improvements Before Jaruar/ 1 1992 Owner
Za.._ pay its proportional share of rte -oacial _mprovements
aent_fied n Exhibit B attached to oe app_ ed as a credit
aca 1st `'e contr_but on identified n paragraph 7 above as
allo.aed oy the Dade County Public Works Department Addirional
-ea_ aca_nst the cont-ioution ident_f_ec 1 paragraph 7 of *his
1st-ument may be allowed as determ-rec oy he Daae County
D,.bl_c e;orks Department
_0 Dedestr an basement Owner s^�__ or de a perpetsal
oeaes`r_an easement of ten feet in 4idt1 ouol_c access ro the
peach as depicted on the Plans efer ea ,_o _n paragraph 1
above
11 Local Park/Athletic vrogrammi"c Contribution If a
site for a local park for Key Biscayne residents is obtained by
the County within the Bill Baggs Cape "_or da State Recreation
Area ( State Park ) then Owner shag_ 7o_..-,rary contribute
50 000 per acre of such _ocal park ..p o a -a' mum or S500 000
oe _sea -or ^e
_.e e_opme^"
ca_ oa , ^c_..a_^a
preparation of the land and installation of playing fields mo
the extent that a surplus exists after the completion of such
improvements then the balance of such funds shall be used as
provided in the next sentence If the necessary state approvals
for such local park within the State Park are not obtained,
within one year from the date this Agreement becomes effective,
then Owner shall contribute a maximum of $500,000 for athletic
programming and equipment for residents of Key Biscayne to be
administered by the County's Park and Recreation Department
12 Monetary School Contribution Owner shall voluntarily
contribute $3,200,000 to the School Board of Dade County, Florida
( School Board ), for the construction of supplemental
improvements to the Key Biscayne Elementary School The specific
terms of this school contribution shall be set forth in a
separate Declaration of Restrictive Covenants Concerning Monetary
Contributions to Key Biscayne Elementary School between the Owner
and the School Board, and recorded in the Public Records of Dade
County, Florida, within thirty days of the execution of this
instrument
13 Issuance of Building Permits and Final Certificates of
Occupancy Owner shall not request the issuance of any certifi-
cates of occupancy until the Owner is in compliance with para-
grapr 7 of this instrument Beginning on January 1, 1992, Owner
shall not request the issuance of any further building permits
until Owner is in compliance wit paragraph 9 of this instrument
14 Term of Declaration The provisions of this instru-
ment 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 automatically for succes-
sive periods of ten (10) years each unless released in writing
by the then owners of the Prooerty (or the Association named n
paragraph 5 above on their behalf) and Dade Count ✓
- -
15 Moa if ication The provisions of this instrument may
be a'iendea added to, derogated, deleted, modified, or changed
from me f -o time by recorded instrument executed by the then
owner or majority of the owners of all the Property or the Master
.ssociation referred to above, or 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
Count Building and Zoning Department or his successor shall
forthwith execute a written instrument effectuating and acknowl-
edging such modification, amendment, or release
16 Enforcement Enforcement shall be cy action at law or
in equity against any parties or persons violating or attempting
to violate any covenants, either to
recover damages
estrain violation or to
The prevailing party lr the action or suit
shall be Pntitled to recover, in addit on to costs and disburse-
ments allowed by law, such sum as the cour` Tay adjudge to be
-easonable for the services of his attorney
17 Presumption of Compliance 4hen construction has
occ..rred on the Property or on any port- on of 'he Propert-y pur-
suant o a lawful permit issued by Dade Count and inspections
made and approval of occupancy grantec by Dade Count', then such
const ..ct_on inspections and approval sha_1 create a oresump-
tion "at the buildings or struc'-ures
"us construc"ed comply
wit" the intent and spirit of this Declarat on This Declaration
shall not be construed as a cloud on title on '-"e Property or on
any cort,.cn of the Property upon which such development has
occurred
18 Inscect.on As further part of this agreement _t is
hereb` understood and agreed that any official inspector of the
Dade Count/ Building ana Zoning Department or its agents duly
authorized may have the privilege at any time during normal
working hours of enterinc, and investigating the use of the
premises to determine whether the Property complies with building
and zoning regulations and the conditions herein
19 Severability Invalidation of any of these covenants,
by ]udgment or court in no ,gay shall affect any of the other
orov lions of this instrument which shall remain in full force
and effect
Signed sealed executed and acknowledged on this —' day
J of V 1989
OWNER
Signed sealed and delivered
in the presence of
,J7
6-0
KEY BISCAYNE HOTEL & VILLAS
LIMITED PARTNERSHIP an Illinois
limited partnership
By VMS Realty Investors an
Illinois general partnership
its generaa. partner
B
y
Jo 11A Stone
G neral Partner
STATE OF ILLINOIS )
SS
COUNTY OF COOK
BEFOPE ME, the undersigned authority, this day personally
appeared Joel A Stone to me well known and known to me to be the
General Partrsr of VMS Realty Investors, the general partner of
Key Biscayne Hotel & Villas Limited Partnership, an Illinois
Limited Partnership, and which person is known by me to be the
person described in and who executed the foregoing instrument,
the said Joel A Stone being likewise known by me to be the
General Partner of VMS Realty Investors, who, in his official
capacity as such General Partner executed, signed and delivered
the said instrument as the act and deed of said Limited Partner-
ship, and he then and there acknowledged to and before me that he
executed the said instrument acting in his said official
capacity, for and as the act and deed of the said Limited Part-
nership and in its name, for the uses and purposes therein men-
tioned, and after being thereunto by the said Limited Partnership
duly authorized and directed
WITNESS my hand and official seal at Chicago, Cook County,
Illinois on the day of September, 1989
NOTARY PUBLIC,
State of Illinois at Large
My Commission Expires
KLB/VMSDc1Rs
Rev 9/27/89
8
A p ruin or sections 4 and 5, Zbwriship 55 Borth, Range 42 East, lying in
Dada Cbumty, Florida, described as follnws:
NARCIEL t
5 South 1100 feet of Tract '0', FIRST ADDITION TO BISCAYNE KEY
La.4ATES, according to the Plat thereof recorded in Plat book 53
at Page 19 of the Public Records of Dade County, Florida.
PARCZL II
Begin at the S.M. corner of ?rant '0', FIRST ADDITION TO BISCAYNE
KEY ESTATES, Plat Book 53 at Page 19 of the Public Records of
Dade County, Florida, the ease being a point on the Easters
Right -of -Kay Line of Ocean Drive as the same is shown on the said
First Addition to Biscayne Key Estates, thence South 89'58'38'
West, along the prolongation West of the South line of the said
Tract '0' for a distance of 114.61 feet to a point on the
Easterly Right -of -Nay Line of the re -alignment of Ocean Drive, as
recorded in Official Records Book 6631 at Pages 6 and 7 of the
Public Records of Dade County, Florida, thence run North
01'13'38 2' West along said Easterly Right -of -Way Line a distance
of 738.07 feet to a point on a circular curve whose center bears
North 88'46'21.8• East from said point, thence Southerly along
the last described circular curve and the Westerly boundary o!
said Tract '0' having a radius of 2,450 feet through a central
angle of 17'35'30.1' for an arc distance of 752.23 feet to the
Point of Beginning.
PARCEL III
The West 100 feet of Tract '0' LESS the South 1100 feet thereof,
FIRST ADDITION TO BISCAYNE KEY ESTATES, according to the plat
thereof recorded in Plat Book 53 at Page 19 of the Public Records
oP 'fade County, Florida.
PARCEL A
Lot 1 and
thereof as
Records of
Lot 2 of Block 1, ALCAZAR, according to the Plat
recorded in Plat Book 117, at Page 96 of the Public
Dade County, Florida.
PARCEL B
Tract '!", FIRST ADDITION TO BISCAYNE KEY ESTATES, according in tto
the Plat thereof recorded in Plat Book 53• at Page of the
he
Public Records of Dade County, Florida, lying Westerly
4esterly Right-of-way boundary of the re -alignment of Ocean Drive
as described ntatcertain
in Official Recyocd Deed
Book 6631ae atPunty,
agesfiled on November 3, 1969,
6 and 7, of the public records of Dade County, Florida.
SUBJECT to the dedications to Dade County by Right -of -Way Deeds
filed on June 17, 1955• in Deed Book 4110, at Pages 3 and 4, and
on January 21. 1970 in Official Records Book 6727, at Pages 587
and 588 for Rights -of -Way of East Wood Drive and Seaviev Drive.
LESS AND EXCEPTING from Parcel '8', Parcel "A" as aforedescribed
and LESS AND EXCEPTING the East 233.55 feet of that portion of
Tract 'F" as aforedescribed lying North of the Northerly right-
of-way boundary of East 'food Drive described in Deed filed on
June 17, 1955 in Deed Book 4110, at Pages 3 and 4 of the Public
Records of Dade County, Florida.
PARCEL C
the Bast 233 55 feet of that part of rract
"F", FIRST ADDITION ID BISCAYNE KEY ESTATES,
according to the plat thereof as recorded in
Plat Book 53, at Page 19 of the Public
Records of Dade County, Florida, lying North
of the North Right of Way boundary of East
Wood Drive as described in Deed Book 4110,
at Page 3, of the Public Records of Dade
County, Florida
Gess the following described parcel deeded
to Dade County for right-of-way by
instrument recorded in Official Records Book
10636, Page 744, re-recorded in Official
Records Book 10947, Page 1910, of the Public
Records of Dade County, Florida
The external area formed by a 25 00 feet
radius circular curve .to the Northwest,
tangent to the Fast with the East boundary
of Tract 'F", FIRST AUDIT ION TO BISCAYNE KEY
ESrM .S, according to the plat thereof as
recorded in Plat Book 53, at page 19, of the
Public Records of Dade County, Florida, and
tangent to the South, with the North right
of way boundary of East Wood Drive as
described in that certain Right of Way Deed
to Dade County filed for record June 17,
1955, and duly recorded in Deed Book 4110,
on Page 3, of the Public Records of Dade
County, Florida All of the foregoing
lying, situate and being in Section 5,
township 55 South, Range 42 East, KEY
B ISLIIYNC, Dade County, Florida
IXHIE/T B
PROPORTIONAL SHARE FOR ROADVAT IXPROVIMENTS
A Crandon boulevard/Vood Drive:
Iztand southbound left -turn
storage bay
D Drickall Avenue: Six -lane
videning fro• SE 25th Road
to SE 26th Road
TOTAL Proportional Share
SOURCH ADA, SPRIT
Applicant's
fro ort.ional Share
S 5,000
18_
S23,553
JOINDER BY MORTGAGEE
The -ndersigned VMS MORTGAGE INVESTORS L P III, a
Delaware limited partnership Mortgagee under that certain
Mortgage from VMS 1986-360 LIMITED PARTNERSHIP an Illinois
limited partnership, now known as KEY BISCAZNE HOTEL AND VILLAS
LIMITED PARTNERSHIP an Illinois limited partnership, dated the
20th of October 1987, and recorded the 21st day of October
1987, in Official Records Book 13452 at Page 1286 of the Public
Records of Dade County, Florida in the original amount of
$6 988 800 covering all/or a portion of the property described
in the foregoing Declaration of Restrictive Covenants in Lieu of
Unity of Title Monetary Contributions and Pedestrian Easement
(the Declaration') does hereby acknowledge that the terms of
the Declaration are and shall be binning -pon the undersigned and
its successors in title
IN AJITNESS WHEREOF these presents have been executed this
'-(21.4-day of September 1989
Signed in the presence of VMS 10R -CAGE INVESTORS L P III
a Delaware limited partnership
BY 'MS IORTGAGE INVESTORS III
INC an Illinois corpora-
t�on its general partner
L'/
i
'L
I�-
By
ice Preside
Attest 4 (Seal)
Secre
STATE OF ILLINOIS )
SS
COUNTY OF COOK
BEFORE ME the undersigned author..ty this day
appeared Lecnx-cd L.ec- ►Le and rl her r n both
being to me well known and known by me to be the , I ct
and ~cf-- e4-1-1" r of IMS MORTChGE I lvESTORS III INC an
I11_noi5 corporation general partner
L P
S ORTGr.GE INVESTORS
III and ahich said Corporatic-i _= ov me to be the
cersons ,escr-oed _n and Nhicn evec,.teo --e creoeing .nstrument
t' e sa_a c _cers cn tie said (orcor3t_: _e -a JeNise rnown by
me to be the officers thereof who in their official capacities
as such officers of said Corporation executed signed and
delivered the said instrument as the act and deed of said
Corporation and the said officers of said Corporation then and
there severally acknowledged to and before me that they executed
the said instrument acting in their said official capacities
for and as to the act and deed of said Corporation and in its
name and impress thereon its corporate seal for the uses and
purposes therein mentioned and after being duly authorized and
directed
WITNESS my hand and official Seal ate./ c< ILL c 5 in the
J '
County and State aforesaid on this the 4c4'`^ day of September
A D 1989
61‘C C__C.1.--et t c--.- _W CQ (.. ,-4L-1'-'
NOTARY PUBLIC
State of Illinois
My Commission Expires
[NOTARIAL SEAL]
JOINDER BY MORTGAGEE
The undersigned VMS STRATEGIC LAND FUND II, a Delaware
corporation Mortgagee under that certain Mortgage from VMS
1986-360 LIMITED PARTNERSHIP an Illinois limited partnership,
now known as KEY BISCAYNE HOTEL AND VILLAS LIMITED PARTNERSHIP,
an Illinois limited partnership, dated the 20th of October 1987,
and recorded the 21st day of October, 1987 in Official Records
Book 13452 at Page 1248 of the Public Records of Dade County,
Florida in the original amount of $30 971 100 covering all or a
portion of the property described in the foregoing Declaration of
Restrictive Covenants in Lieu of Unity of Title Monetary
Contributions and Pedestrian Easement (the 'Declaration") does
hereby acknowledge that the terms of the Declaration are and
shall be binding upon the undersigned and its successors in
title
IN WITNESS WHEREOF, these presents have been executed this
,.,Z ay of September 1989
Signed in the presence of VMS STRATEGIC LAND FUND II a
Delaware corporation
4:11NA. Y� ' ,V1)/
By
Vice President
Attest
Secreta
(Seal)
STATE OF ILLINOIS )
SS
COUNTL OF COOK
BEFORE ME the undersigned authority this day
appeared L eiia-rd Le ne
and lit, t
both
being to me well known and known by me to be the <<-
and Secref-t-ry of VMS STRATEGIC LAND FUND II a Delaware
corporation and which said Corporation is known by me to be the
persons described in and which executed the foregoing instrument
the 5a -d officers of the said Corporation being li}ewise renown by
me to oe the officers thereof ;ho in t)e_r official capacities
as sued officers of said Corporat-or executea signed and
delivered the said instrument as the act and deed of said
Corporation and the said officers of said Corporation then and
there severally acknowledged to and before me that they executed
the said instrument acting in their said official capacities,
for and as to the act and deed of said Corporation and in its
name and impress thereon its corporate seal for the uses and
purposes therein mentioned and after being duly authorized and
directed
WITNESS my hand and official Seal at d -„ c Zccr in the
County and State aforesaid, on this thec. - day of September,
A D 1989
Ci6---4c- L
NOTARY PUBLIC,
State of Illinois
My Commission Expires
[NOTARIAL SEAL]
ve Y
JOINDER BY MORTGAGEE
The undersigned, SOUTHEAST BANK, N A , a national banking
association, Mortgagee, under those two certain Mortgages from
VMS 1986-360 LIMITED PARTNERSHIP an Illinois limited part-
nership now known as KEY BISCAYNE HOTEL AND VILLAS LIMITED
PARTNERSHIP an Illinois limited partnership dated the 20th of
October 1987 and recorded the 21st day of October, 1987, in
Official Records Book 13452, at Page 1152 and Official Records
Book 13452 at Page 1200, of the Public Records of Dade County,
Florida in the combined original amount of $25,000,000 and that
certain Mortgage Modification, Spreading Agreement and Notice of
Future Advance dated November 18 1987 securing an additional
loan of $2 875,000 00 recorded December 3 1987 in Official
Records Book 13495 at Page 3621 covering all/or a portion of
the property described in the foregoing Declaration of Res-
trictive Covenants in Lieu of Unity of Title Monetary
Contributions and Pedestrian Easement (the 'Declaration") does
hereby acknowledge that the terms of the Declaration are and
shall be binding upon the undersigned and its successors in
title
IN WITNESS WHEREOF these presents have been executed this
r7 -
day of September 1989
Signed in the presence of SOUTHEAST BANK N A a national
banking association
STATE OF FLORIDA
7 n
By G
/,iVice President
SS
COUNTY OF DADE
BEFORE ME the undersigned authority this day appeared
being to me well known and known by me to be
the � , �� Y_ of SOUTHEAST BANK 1 A a national banking
association, and which said Bank is known by me to be the persons
described in and which executed the foregoing instrument, the
said officers of the said Bank being likewise known by me to be
the officers thereof who in their official capacities as such
officers of said Bank executed, signed and delivered the said
instrument as the act and deed of said Bank, and the said
officers of said Bank then and there severally acknowledged to
and before me that they executed the said instrument, acting in
their said official capacities, for and as to the act and deed of
said Bank and in its name, and impress thereon its corporate seal
for the uses and purposes therein mentioned, and after being duly
authorized and directed
WITNESS my hand and official Seal at / 147ZC,c� in the
County and State aforesaid, on this the j %g day of September
A D 1989
My Commission Expires
3 T 8l C TATF F FLORIDA
Km 3 r YP CT 3 S3I
13 ! (1 1M J IER 1. JID
(7-11117;2:-/
ARY PUBLIC, State of Florida
[NOTARIAL SEAL]