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