HomeMy WebLinkAbout2010-182-1364-Z-98 - Application of American Tower Corporation
ITEM 10-C) RESOLUTION PUBLIC HEARING Application of American Tower Corportation
Return to: (enclose self-addressed stamped envelope) Ronetta Taylor, City Clerk 1515 N.W. 167th Street Building 5, Suite 200 Miami Gardens, Florida 33169 This Instrument Prepared by:
Sonja K. Dickens, Esquire 1515 N.W. 167th Street Building 5, Suite 200 Miami Gardens, Florida 33169 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
DECLARATION OF RESTRICTIONS WHEREAS, American Tower Corporation (the "Applicant"), owns certain property located at 390 N.W. 210 Street, more particularly described on Exhibit "A," attached
hereto, and WHEREAS, the City of Miami Gardens approved the Applicant's requests for: 1. Special exception use to allow a wireless support service facility and an antenna support structure
in the R-15, Multi-Family Residential District; and 2. Variance of setback regulations to allow a antenna support structure over 100.0’ in height to setback 166.0’ from residentially
zoned property where 200.0’ is required. IN ORDER TO ASSURE the City of Miami Gardens that the representations made by the Applicant will be abided by, the Applicant, subject only to
conditions contained herein, freely, voluntarily and without duress, makes the following Declaration of Restrictions covering and running with the Property: 1. Site Plan. That the plans
submitted for building permit be substantially in compliance with plans submitted with the special exception application titled “Hallandale 2FL 274547” as prepared by Morrison Hershfield,
consisting of sheets G-1, G-2, A-1, A-2, A-3, A-4, E-1, E-2, E-3, dated August 11, 2010.
Page 2 of 6 2. Operation and Maintenance Restrictions. a. That the special exception use as a wireless supported service facility and antenna support structure be maintained as the principal
use of the property and shall be, discontinued, abandoned, and removed in the event another principal use is established on the property. b. That the Applicant vacate the portion of
N.W. 210 Street abutting the property to the north. After said vacation, the pavement and other improvements shall be removed and the area returned to a natural state of vegetation.
Said vacation and improvements shall be made within one (1) year of approval of the Application. 3. Public Passive Park. The Applicant shall convey an approximately 25-foot wide land
area around the site's perimeter to be utilized for public passive park purposes. The conveyance of this Perimeter Path will be to the City of Miami Gardens. The passive park area shall
be specifically utilized and developed by the City of Miami Gardens to walking, jogging, bicycle and/or exercise trail facilities and similar activities. Said conveyance shall be made
prior to issuance of building permit for the new antenna support structure. 4. Warranty Deed. The Applicant shall convey the Perimeter Path by Warranty Deed to the City within six (6)
months from date of this approval, or issuance of a occupational license or certificate of use, whichever occurs first. 6. Survey, Title and Related Documents. The applicant shall provide
necessary survey, title and related documents as may be required by the City to effect these provisions. 7. Access Easement. The City agrees that the conveyance of the Perimeter Path
will include a reservation of Access Easements for the Applicant for the purpose of installation, maintenance and monitoring of the tower facilities and its components (i.e. guyed wiring).
8. City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City, or its agents duly authorized, may have the privilege
at any any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and
the conditions herein agreed to are being complied with. 19. Covenant Running With The Land. This Declaration on the part of the Applicant shall constitute a covenant running with the
land and shall remain in full force and effect and be binding upon the Applicant, and his heirs, successors and assigns until such time as the same is modified or released. These
Page 3 of 6 restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future Applicants of the real property and for the public welfare. 10.
Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming from the date this Declaration is recorded. This Declaration shall be in effect
for a period of thirty (30) years from the date of recordation in the public records of Miami-Dade County, Florida, after which time it shall be automatically extended for periods of
ten (10) years. This Declaration may be modified, amended or released as to the Property or any portion thereof by a written instrument executed by the then Applicant(s) of the Property,
and applicable mortgagees, if any, provided that same is approved by the City Council after public hearing. In such event, the Mayor or City Manager shall execute a written instrument
suitable for recordation acknowledging such modification, amendment or release. 11. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released
as to the land herein described, or any portion thereof, by a written instrument executed by the, then, Applicant(s) of all of the Property, including joinders of all mortgagees, if
any, provided that the same is also approved by the City, or other procedure permitted under the City's Code, whichever by law has jurisdiction over such matters, after public hearing.
12. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining
to or arising out of this declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may judge to be reasonable for attorney
fees. This enforcement provision shall be in addition to any other remedies available at law or in equity. Jurisdiction shall be proper in Miami-Dade County. 13. Authorization for Miami
Gardens to Withhold Permits and Inspections. In the event the terms of this Declaration are not complied with, in addition to any other remedies available, the City is hereby authorized
to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this Declaration is complied with. 14. Executed Copy to be provided to
the City. Executed Copy to be provided to the City Clerk. The Applicant shall be fully responsible for providing to the City Clerk an original and fully executed copy of the Declaration
of Restrictions within thirty (30) days of the approval of the Application by the City Council, unless an appeal is filed or otherwise the Director, for good cause shown, grants a time
extension. If this is not accomplished, the approval shall become null and void. If circumstances prevent the Applicant from complying with this timeframe condition, the Applicant may
request, in writing, an extension of said thirty-day timeframe in writing to the Development Services Director, who is authorized to take such action
Page 4 of 6 upon the request to approve, disapprove or approve with conditions such request. 15. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed
to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising
such other additional rights, remedies or privileges. 16. Recording. The City, at Applicant's expense upon approval of the Application by the City of Miami Gardens, shall file this Declaration
of Restrictions in the Public Records of Miami-Dade County, Florida. 17. Acceptance of Declaration. The Applicant acknowledge that acceptance of this Declaration does not obligate the
City in any manner, nor does it entitle the Applicant to a favorable recommendation or approval of any application, zoning or otherwise, and the City Council retains its full power and
authority to deny each such application in whole or in part, and to decline to accept any conveyance. 18. Applicant. The term Applicant shall include the Applicant, and its heirs, successors
and assigns. 19. Waiver. Each and every covenant and agreement contained herein shall be for any and all purposes hereof construed as separate and independent and the breach of any covenant
by any party shall not release or discharge such party from its obligations hereunder. No delay or omission by any party to exercise its rights accruing upon any noncompliance or failure
of performance by any party shall impair any such right or be construed to be a waiver thereof. A waiver by any party hereto of any of the covenants, conditions or agreements to be performed
by any other party shall not be construed to be a waiver of any succeeding breach or of any other covenants, conditions or agreements contained herein. 20. Severability. All rights,
powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any then applicable law and shall be limited to the extent necessary
to render the real covenants herein valid and enforceable. If any term, provision, covenant or agreement contained herein or the application thereof to any person, entity or circumstance
shall be held to be invalid, illegal or unenforceable, the validity of the remaining terms, provisions, covenants or agreements or the application of such term, provision, covenant or
agreement to persons, entities or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby. 21. Entire Agreement. This Agreement and
the exhibits attached hereto contain the entire agreement between the parties hereto with respect to the subject matter
Page 5 of 6 hereof. This Agreement and exhibits supersede any prior correspondence, memoranda or agreements in total hereto. 22. Counterparts. This Agreement may be executed in any number
of counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document. (SIGNATURE PAGE TO FOLLOW)
Page 6 of 6 IN WITNESS WHEREOF, Applicant has executed this Dedication. ________________________ Print Name:______________ ________________________ Print Name: ________________________
Print Name: _________________________ AMERICAN TOWER CORPORATION _______________________ BY ITS: PRESIDENT ________________________ Signature ________________________ Print Name _____________________
____ Date Print Name: _______________ ACCEPTANCE The City of Miami Gardens, hereby accepts this Declaration of Restrictions hereby made by ____________________. CITY OF MIAMI GARDENS,
FLORIDA Attest: _________________________________ By:_____________________________ City Clerk Mayor Shirley S. Gibson Date:___________________________