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HomeMy Public PortalAboutDeclaration of Restrictive Covenants Concerning K.B.tifL J L., L. 1 Residential REC 14292/c3C4 DECLARATION OF RESTRICTIVE COVENANTS CONCERNING MONETARY CONTRIBUTIONS TO KEY BISCAYNE ELEMENTARY SCHOOL 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 fee simple title to certain property on Key Biscayne, Dade County, Florida, more particularly described in Exhibit A" attached (the "Property") and WHEREAS, Owner intends to develop the Property for an oceanfront destination resort comprised of a hotel of 800 rooms, 585 residential units, and various ancillary uses (the 'Development') and WHEREAS, Owner wants to assure Dade County that 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 with Section 380 06 of the Florida Statutes, will be satisfied and WHEREAS, in the spirit of community support and as a gesture of good will, Owner has offered to make a donation for the benefit of the Key Biscayne Elementary School, as set forth below NOW, THEREFORE, in consideration of the premises, Owner hereby agrees as follows 1 Monetary School Contribution Owner shall voluntarily contribute $3,200,000 ('School Funds") to the School Board of Prepared by Berri L Harsh, Esq Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P A. 1221 Brickell Avenue Miaau, Florida 33131 3 .9) rr';/9>FC375 Dade County, Florida (the 'School Board ) , for the construction of supplemental improvements to the Key Biscayne Elementary School, subject to the following conditions (a) The School Funds cannot, in any manner replace or supplant capital improvement funds or bond monies that have already been committed or allocated for the benefit of the Key Biscayne Elementary School (b) the School Board or its agent shall commence construction of the proposed school improvements no later than two years from the date of Owner's contribution and (c) Except as provided in paragraph 2 below, Owner shall donate the School Funds only if Owner obtains all governmental approvals necessary for the construction and use of the Development (including, without limitation, all zoning, planning, and building permits and approvals) 2 Timing of Contribution In the event that no appeal, petition for certiorari, petition for administrative hearing, or other similar legal challenge to the Development is filed, then Owner shall pay the School Funds to the School Board (a) no later than thirty days from the expiration of all such appeal periods or similar judicial and administrative periods or (b) on September 1, 1991, whichever occurs first In the event that an appeal, petition for certiorari, petition for administrative hearing, or other similar legal challenge to the Development is filed, and such appeal, petition, or similar challenge has been resolved favorably to the Development or is pending on June 1, 1992, without resolution, then Owner shall pay the School Funds to the School Board (a) within thirty days after the favorable resolution of all legal challenges without further appeal, challenge, or litigation or (b) on June 1, 1992, whichever occurs first If, however, such an appeal, petition, or similar legal challenge to the Development is resolved adversely to the Development, then Owner has no obligation under this instrument to donate the School Funds, except as set forth in paragraph 3 of this instrument 2 F nt 4rL97F;3166 3 Monetary Contribution Under Alternative Developmental Plan If Owner fails to secure all approvals necessary for the construction and use of the Development, as proposed, due to, in part or in whole, a successful legal challenge, and if Owner or one of Owner's related entities develops the Property or any portion thereof with an alternative development scheme (the 'Alternative Development"), then Owner shall voluntarily contribute to the School Board the sum of $2,300 per dwelling unit for supplemental improvements to the Key Biscayne Elementary School ("Alternative Monetary Contribution") , to be credited against all applicable monetary contributions or fees assessed against the Alternative Development by Dade County or the School Board This Alternative Monetary Contribution is expressly subject to the same conditions set forth in paragraph 1(a) and 1(b) above Furthermore, this Alternative Monetary Contribution is due no later than thirty days from the date that Owner secures all approvals required for the construction and use of the Property, as modified, without legal challenge of any kind 4 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 Property (or the homeowners' associa- tion, on their behalf) and the School Board 5 Modification The provisions of this instrument may be amended, added to, derogated, deleted, modified, or changed from time to time by recorded instrument executed by the then owner or majority of the owners of all the Property or by the master association governing the Development, provided that such modification, amendment, or release is also approved by the School Board of Dade County, Florida 3 Should this Declaration of Restrictive Covenants be so modified amended, or released, the Owner or its successor shall execute a written instrument effectuating and acknowledging such modification, amendment, or release 6 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 The prevailing party in the action or suit shall be entitled to recover, in addition to costs and disburse- ments allowed by law, such sum as the court may adjudge to be reasonable for the services of his attorney 7 Presumption of Compliance This Declaration shall not be construed as a cloud on title on the Property or on any portion of the Property upon which such development has occurred 8 Severability 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 Signed, sealed, executed, and acknowledged on this ' `t` day of t(L7cn& I , 1989 OWNER Signed, sealed and delivered in the presence of (J1461._ ,LL7< / Key Biscayne Hotel & Villas Limited Partnership, an Illinois limited partnership By VMS Realty Investors, an Illinois general partnership, its general partner 4 General Partner STATE OF ILLINOIS ) SS COUNTY OF COOK BEFORE ME, the undersigned authority, this day personally appeared Joel A Stone to me well known and known to me to be the General Partner 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 /}4-" day of =_r_______, 1989 c ca- h NOTARY PUBLIC, State of Illinois at Large My Commission Expires KLB/VMSSchCov Rev 9/27/89 5 A portacin or bect.lans 4 and 5, Winship S5 &xrth, Mtge 42 Ekist, lying in Dnde County, Florida, described as talon: PARCEL I 1' South 1100 feet of Tract •0', FIRST ADDITION TO BISCAYNE Ell 1, ATES, according to the Plat thereof recorded in Plat Book S3 at Page 13 of the Public Records of Dade County, Florida. PARCEL II Begin at the S.W. corner of Tract '0', FIRST ADDITION TO BISCAYNE T.tY ESTATES, Plat Book 53 at Page 19 of the Public Records of Dade County, Florida, the sane being a point on the Easterly Right -of -Way Line of Ocean Drive as the sane is shown on the said or First Addition to Biscayne Key Estates, thence South $9•S$'3$' West, along the prolongation (test of the South line of the said Tract 'G• for a distance of 114.61 feet to a point on the Easterly Right -of -Way 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•46'21.66 last from said point; thence Southerly along the last described circular curve and the Westerly boundary of said Tract '0• having a radius of 2,450 feet through a central angle of 17.25'30.1' for an arc distance of 752.23 feet to the Point of Beginning. IMAM III The Kest 100 feet of Tract 'G' LESS the South 1100 feet thereof, FIRST ADDITION TO BISCAYNE RZY ESTATES, according to the plat thereof recorded in Plat Book S3 at Page 19 of the Public Records of Dade County, Florida. PARCEL A Lot 1 and thereof as Records of Lot 2 of Block 1, ALCAMAR, according to the Plat recorded in Plat Book 117, at Page 96 of the Public Dade County, Florida. PARCEL l 'tract 't', FIRST ADDITION TO BISCAYNE REY ESTATES, according to the Plat thereof recorded is Plat Book 53, at Page 19 of the Public Records of Dade County, Florida, lying Westerly of the Westerly Right -of -Kay boundary of the re -alignment of Ocean Drive SS described in tat fain in Official: R.cyord Deed Book 66�1de atPagesfiled on November 3, 1969, 4 and 7, of the public records of Dada County, Florida. SUBJECT to the dedications to Dade County by Right -of -May Deeds filed on June 17. 1955. 1n Deed look 4110, at Pages 3 and 4• anages t n January888 r Rights-of-Wayfof East Wood Drive ank d 6727, at Drive. and sae LESS AND EXCEPT/ND from Parcel '1', Parcel 'A' as aforedescribed and LESS AND EXCEPTING the East 233.55 feet of that portion of Tract •F• as aforedascribad lying Worth of the Northerly right- of-way boundary of fast pod 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. Fthibit A" Page 1 of 2 14Z921'03711 JOINDER BY MORTGAGEE The undersigned VMS MORTGAGE INVESTORS, L P III, a Delaware limited partnership, Mortgagee, under that certain Mort- gage 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 1286, of the Public Records of Dade County, Florida, in the original amount of $6,988,800, covering all/or a portion of the property described in the fore- going Declaration of Restrictive Covenants Concerning Monetary Contributions to Key Biscayne Elementary School (the "Declar- ation") does hereby acknowledge that the terms of the Declara- tion are and shall be binding upon the undersigned and its successors in title IN WITNESS WHEREOF, these presents have been executed this 1 J' `-day of October, 1989 Signed in the presence of ( �/ STATE OF ILLINOIS ) SS COUNTY OF COOK VMS MORTGAGE INVESTORS L P III a Delaware limited nership BY VMS MORR GE INVE$fiORS III INC ,,an Ills s corpora- tism its ge al partner By ttesid Attest % (Seal) ary BEFORE ME, the undersigned authority, this day appeared 1,1 and /ti hi to me well known and known by me to be the , both being 4c r and ( of VMS MORTGAGE INVESTORS III, INC , an Illinois corporation, general partner of VMS MORTGAGE INVESTORS L P III, and which said Corporation is known by me to be the persons described in and which executed the foregoing instrument, the said officers of the said Corporation being likewise known by NOTARY PUBLIC, State of Illinois me to be the officers thereof who, in their official capacities as such officers of said Corporation executed, signed and deliv- ered the said instrument as the act and deed of said Corporation, and the said officers of said Corporation then and there sever- ally 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 (-lu1 S� . plc u� , in the County and State aforesaid, on this, the H) day of October, A D 1989 My Commission Expires [NOTARIAL SEAL] RECORDED RY OFFIrIRI gor7wo3 9fge OF r DE ( ,.rry aoei A. RECDFD VTR IriED .; RIC TLI P.D P 3PIlT"'-T, t L, JIf u, J L. 1 �v 4292Ps37 i 3 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 Concerning Monetary Contributions to Key Biscayne Elementary School (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 i�-!f day of October, 1989 Signed in the presence of LL/ 171 !mil 11 VMS STRATEGIC-- LAND F D II, a Delaware corporatioj President Attest (Seal) Secr STATE OF ILLINOIS ) SS COUNTY OF COOK BEFORE ME, the undersigned authority, this day appeared + ft 4 \ I ( s and / 1 1 1 L, K/ i N , both being to me well known and known by me to be the -",c--11 Ic,i-t and < < e 4-6-f ct of VMS STRATEGIC LAND FUND II, a Delaware cor- poration, and which said Corporation is known by me to be the persons described in and which executed the foregoing instrument, the said officers of the said Corporation being likewise known by me to be the officers thereof who, in their official capacities as such officers of said Corporation executed, signed and deliv- ered the said instrument as the act and deed of said Corporation, RtC 4292PP/3710 PARCEL C 1he Bast 233 55 feet of that pact of rract "F", FIRST ADDITION TO 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 Dada County, Florida. Less 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 Past witfi the East boundary of Tract 'F", FIRST ADDITION TO 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, 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, /955, 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, Pownship 55 South, Range 42 East, KEY DISLAYNE, Dade County, Flpr ic]a PFfMttIED m oFnmm. Re0ORDO cow 0h bE IYri1tfTY RDI1D& Et( t AIMED R CIARD P Earn= LK GM1WrT COLRT a RECORDERS NOTE: MI 1 -v' R ty of t afar t ping or printing unsatrs f ct r, r ti , doc rrcnt h n rec rved Page 2 of 2 RED 14L92PG37 i 4 and the said officers of said Corporation then and there sever- ally 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 C't I i --}ti, J- tL `* in the County and State aforesaid, on this, the / 4-k- day of October, A D 1989 l 14- -G aL fc _.- NOTARY PUBLIC, State of Illinois My Commission Expires [NOTARIAL SEAL] 2 Ii ^7AL D RLOOROm 111 OFFICIAL RECORDS bow Of DADE COI'iITY 'DRIDA. RECORD AR FIEO RICHARD , UPINICE' CLLi K L,InCL ( COJRT J .1 / 1 1 e..0 it d RED 14292PG37 i 5 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 partner- ship, 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 Restric- tive Covenants Concerning Monetary Contributions to Key Biscayne Elementary School (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 it day of October, 1989 Signed in the presence of -r STATE OF FLORIDA SS COUNTY OF DADE SOUTHEAST BANK, N A , a national banking association By WVice President 44,k7 'r L _ �7 BEFORE ME, the undersigned authority, this day appeared 0M2at being to me well known and known by me to be the lL 2J,LC.�' • - ..' • f SOUTHEAST BANK N A , a national banking association, and which said Bank is known by me to be the persons 1 0 4 ► 4L92H37i 6 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 offi- cers 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 G2/41 / in the County and State aforesaid, on this, the //6 day of October, A D 1989 My Commission Expires VOTARY PUBLIC STATE OF FLORIDA NY CONNISSION EXP OCT 20 1991 BONDED TNRU GENERAL INS uND 2 Y PUBLIC, State of /Florida IPS jar [NOTARIAL SEALJ4r RECORDED IN OFFICIAL RECORDS bust, Of DADE OOUTTY FLORIDA. RECORD VERIFIED P'CH D P BRINKER C. E. h LIr CUIT COURT Village of Key Biscayne 85 W McIntyre Street Key Biscayne, Florida 33149 (305) 365-5511 • Fax 165-5556 DUTIES OF THE INTERIM VILLAGE CLERK Mayor Rafael Comte lc( Mayor Ray Sullivan trustees Clifford 13rody Mortimer 1 ricd Mike !fill I uis LAuredo loe 1 Rasco AGENDA AND MINUTES Prepare and disseminate Agenda and Minutes for Board of Trustees meetings ATTEND MEETINGS Attend all Village Board of Trustees Meetings Attend Committee meetings (as required by the Board) BOOKKEEPING Receive and process payables, including BOT expenses Provide a summary of payables to the Board Balance Village bank accounts ORDINANCES Advertise all ordinances after first reading OFFICIAL RECORDS KEEPER Keep and maintain on file all records of the Village as "public records", according to State Statutes GENERAL SECRETARIAL Knowledge of Computers and Wordprocessing Prepare and disseminate correspondence as requested by the Board Generate correspondence on behalf of the Village (1 e Letters to prospective candidates for Village positions available, response to inquiries from the public sector, etc Office management and coordination Maintain master calendar of Village Meetings Maintain a current record of Building and Zoning Actions (as obtained from the "Building and Zoning Department"). Be present at the Village offices during business hours (8 30 a m to 4 30 p m , Monday through Friday - [Lunch 1200- 100pm ]) Village of Key Biscayne Mayor RAFAEL CONTE Vice Mayor RAYMOND P SULLIVAN Trustees CI IFFORD BRODY MORTIMER FRIED MICHAEL HILL I UIS LAUREDO JOE RASCO TO FROM DATE RE 85 W McIntyre Street Key Biscayne, Florida 33149 (305) 365 5511 • Fax 365 5556 MEMORANDUM Hon Mayor and Board of Trustees Beatris M Arguelles, December 10, 1991 Bills Payable Interim Clerk The following bills have been submitted for payment TO The Islander News The Islander News Review Newspapers Review Newspapers Review Newspapers Beatris M Arguelles DESCRIPTION Village Village Village Village Clerk Advertisement Clerk Advertisement Clerk Advertisement Clerk Advertisement Pulication of Emergency Ordinances Photocopies 11/29 (Agenda) 12/03 (Agenda) 12/05 (V Manager Resume's 12/07 (Seal/Motto proposals) Postage Roll of 100 stamps Miscellaneous Robert's Rules of Order (Office Copy hard bound) Cassette tapes (box of 12) AMOUNT 37 40 19 87 123 50 35 71 29 00 21 50 38 03 $ 16 80 132 60 220 00 55 00 75 75 305 01 TOTAL PAYABLES $805 16 C A P Engineering Consultants, Inc Purpose VILLAGE OF KEY BISCAYNE SANITARY SEWER REPORT The purpose of the following Report is to provide the status of the existing infrastructure system and in particular, to present the current improvements of this system Overview Sanitary Sewer Service is currently being provided to the Village of Key Biscayne by Miami -Dade Water and Sewer Authority Department (WASA) with Offices located at 3575 S Le Jeune Road, Miami, Florida 33173 WASA is responsible for providing the wastewater sewage collection, treatment and disposal They are also responsible for the maintenance of this system and for the extension of mains to provide service to new customers, as required Sewage collection is handled in two ways 1) by gravity in Gravity Sewer Systems and 2) by pressure in Force Mains and Lift Stations Master Plan Key Biscayne is currently being served by six (6) Gravity Sewer Systems of which there are four (4) large areas and two (2) smaller systems There are a total of thirteen (13) Lift Stations and Force Mains that vary in size from four (4) inches to twenty four (24) inches Sewage is processed at the Central District Wastewater Treatment Plant located in Virginia Key, in the City of Miami The Gravity Sewers collect the sewage and transmit it to the Lift Stations The sewage is pumped, via the Force Mains, into other Gravity Sewer, Lift Stations or other Force Mains, until it eventually reaches the Wastewater Treatment Plant Current Improvements As directed by the Village of Key Biscayne Board of Trustees, I met with Mr Jorge Rodriguez, P E , Deputy Director, Miami -Dade Water and Sewer Authority on Friday December 13, 1991 We have corresponded and I will herein summarize our discussions 4848 S W 74th Court Miami Florida 33155 ("O5) 667 8484 Fax (33:.) 667 8 39