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HomeMy WebLinkAboutExhibit Bc DEF. 51681'04342 AEG. r* DECLARATION OF RESTRICTIVE COVENANTS 0- This Declaration of Restrictive Covenants (the "Declaration") • N 3 made this day of , 1991, by THE CUSHMAN SCHOOL, r~ r1 INC., a not for profit Florida corporation, (hereinafter referred 0 to as the "Owner"), is in favor of the CITY OF MIAEII, FLORIDA, a 1-1 municipality located within the State of Florida (hereinafter referred to as the "CITY"). WHEREAS, the Owner holds fee -simple title to certain Property in the City of Miami, State of Florida (the "City"), consisting of Lots 1 through 6, Block 4, of "Bayshore Revised" according to the Plat thereof, as recorded in Plat Book 9, at Page 60, of the Public Records of Dade County, Florida. (the "Property"); and WHEREAS, the Owner is presently an applicant before the City of Miami City Commission for a change of Zoning Classification in the official Zoning Atlas of the City of Miami from office (0) to government and institutional (GI) for the above described Property (the "Change of Zoning Classification"); WHEREAS, the Owner is desirous of making a binding commitment to assure that the Property shall be developed in accordance with the provisions of this Declaration; NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the .SEC. 15168%343 land and binding upon the Owner of the Property, and its heirs, successors and assigns as follows: Section 1. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Enrollment. The Owner agrees that it shall limit enrollment of its tuition paying students to three hundred students. Additionally the Owner will grant ten (10) full scholarships to minorities. The Owner shall submit to the City by October 1st of each school year, a letter from a Certified Public Accountant certifying the amount of students enrolled for the school year; and the minority representation of the 10 scholarship recipients. Section 3. Night -Tire Events. The Owner agrees to hold no more than one night-time event per school quarter, for a total of no more than four night-time events per school year. Each of the night-time events shall terminate no later than 10:00 o'clock p.m. The Owner shall submit to the City, by October 1st of each school year, a copy of the official school calendar depicting the dates and times of the four night-time events scheduled for the school year. (300) section 4. Traffic Flow. In order to provide increased safety and to alleviate the vehicular congestion during morning drop-off and afternoon pick-up of students, the Owner has instituted a new procedure, subject to the City of Miami Department 2 of Public Works' approval, as per the herein described plan graphically depicted in Schedule "A" attached hereto and made a A. Frescho4J. and 1st Grade: As of October 1, 1990, all car pools containing only pre-schoolers or first graders shall drop- off and pick-up their children at the N.E. 60 Street turn -around which is adjacent to the science lab. This new procedure should relocate approximately one-third of the cars away from the entrance B. 2nd to 6th Grades: Traffic on N.E. 4th Avenue will flow South to N.E. 59th Street where it will flow East to Biscayne Blvd. At Biscayne Blvd. traffic will flow North to N.E. 60th Street where it will head West to N.E. 5th Court to the entrance at 60th Street Section 5. Performance Bond. The Owner shall post a $5,000.00 Performance Bond for a period of six (6) months from the date of this instrument's recordation in the Public Records of Dade County, which shall be forfeited to the City of Miami if any of the conditions herein contained in this Declaration are breached by the Owner during said six month period. Section 6. Effective Date. If the City of Miami Commission approves the Change of oning Classification, and after said approval has become final and non -appealable, this instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns. These restrictions shall be for the benefit and limitation upon all ;,- • OFF, 15I6B?C4345 REC. present and future owners of the Property and for the public welfare. Section 7. Amendment and Hodificution. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then owner of the fee simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City of Miami Commission after a public hearing which public hearing shall be applied for and at the expense of the Owner. Should this instrument be so modified, amended or released, the Director of the City's Planning Building and Zoning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Section 8. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records of Dade County and shall be automatically extended for successive periods of ten (10) years thereafter unless modified, amended or released prior to the expiration thereof. Section 9. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right any time during normal working hours of entering and investigating the use of the Property to determine whether the c4346 conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An enforcement action may be brought by the City or by any property owner within 375 feet of the Property by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any other remedies available under the law. Section 10. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full force and effect. $eCtion 11. Recording. This Declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owner. IN WITNESS WHEREOF, the undersigned have set their hands and seals this 3 day of�LA..¢_ , 1991. WITNESSES: THE CUSHMAN SCHOOL, INC. a not for profit Florida corporation Before me, the undersigned authority, personally appeared DR. JOAN D. LUTTON, as President of THE CUSHMAN SCHOOL, INC., to me well known to be the person described in and who executed the foregoing instrument and who acknowledged to and before me that she executed said instrument under oath, and for the purposes therein { .15168N4348 RFC. CORPORATE RESOLUTION WHEREAS, the Board of Directors of the Cushman School, Inc., desires to enter into an agreement with the CITY of Miami entitled Declaration of Restrictive Covenant. WHEREAS, the Hoard of Directors of the Cushman School, Inc., has examined terms, conditions and obligations of the proposed Agreement with the CITY; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of the Cushman School, Inc., that the President is hereby authorized and instructed to enter into said agreement in the name of and on behalf of this corporation with the CITY of Miami in accordance with the terms and conditions of the Declaration of Restrictive Covenant. IN WITNESS WHEREOF, this -5 day of.. -1991. CHAI ' , Boar ' of Directors Pact_ N ?u -1 LER s- Print or Type Name - Attest: orporate Secretary 4' :ISItRESTCLOWT THAT THE LIME a1CROf1a)TDGRA}N IS corn COST Or I SR OR FRU 4 VKw ., - ` NEWT y1V YA3 ILIEI EIUED IN 114 REGI come 1A CCE Ort 4140/E11. AND THAT TAE NNDTOGR4ENIC'. F-.. 1lnccusfl MO rcfl AKIICf1UuaG ME ACCOAPth.9ED 41 A ItAxtriA FIR) WillaidnUI YN0C11 KETI pig REiVaaEHOEO NEWER EEEN7.nr TICE NATIONAL EUIEAII OF STI.IEJ1C f0R KJ-_ �_': . 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