Resolution 1997-258
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RESOLUTION NO, 97--'.>JL
1\ RESOLUTION VOIDING THAT CERTAIN RESTRICTIVE
CQVEN.';NT AND SHARED PARKING AGREEMENT DATED
MAY 5, 1995 BY AND BETWEEN JOE DIMASSIMO AND
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY FLOP-IDA, AND RESCINDING RESOLUTION
NUMBER 95-330 WHICH APPROVED SAID RESTRICTIVE
COVENANT AND PARKING AGREEMENT
WHEREI\S, on May 9, 1995, the Collier County Board of County
Commissioners sitting i]$ the Board of Zoning Appeals approved a certain
Restrictive Covenant and Shared Parking Agreement dated May S, 1995 by
Resolution Nurrlber 95-330 pursuant to Subsection 2.3.5. of the Collier
County Land Development Code; and
WHEREAS, said Covenant and Agreement was executed by and between Joe
Dimassimo, the owner and operator of Teo' 5 Restaurant, and the Board of
County Commissioners, wherein it was agreed that Mr, Dimassimo had secured
the necessary 34 additional parking spaces from the owner of the
immediately adjacent property, John Carini; and
WHEREAS, appended to the Covenant and Agreement is Exhibit "B" which
sets forth a number of conditions with which Mr, Dimassimo had to comply;
and
WHEREAS, ~<1ragraph 4 of the Covenant an.d Agreement provides that the
Petitioner agrees to ~bide by all conditions arld stipulations described
thereir:: and
WI-iEREi\S, Paragraph 7 thereo: provides that the Covenant and Agreer:1ent
shall remain in full force and effect unless and ~ntil terminated by this
Boa rd; and
WHEREAS, Paragraph 9 ther~of provides that the Petitioner agree~ that
upon failure to conform to any of the provisions of the Covenant and
Agreement then said Covenant and Agreement shall become void and of no
effect.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF'
COLLIER COUN'ry, FLORIDA that:
2188157 OR: 2317 PG: 2700
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1. It is hereby found that the above-referenced Covenant
and Shared Parking Agreement has been violated in the
following particulars:
aJ That the applicant has [ailed to construct and
maintain a peJestrian walkway between the off-slte
shared parking (Carini's Auto Sales) and Teo's
Restaurant as required by Paragraph b. of Exhibit B
to the Covenant and Agreement.
bl That the applicant has failed to pave and stripe
twenty-two parking spaces at Corini's Auto Sales as
indicated or. the preliminary site development plan as
required by Paragraph c. of Exhibit B to the Covenant
and Agreement.
c) That the applicant has failed to provide an egress to
Corporate Boulevard from the p~rking lot west of
Tea's Restaurant to provide access to the additional
sh~red parking on the Carini property as reqlJired by
Paragraph d. of Exhibit B to the Covenant and
flgreement.
d) That the applicant tlas failed to provide direction~l
signs at the entrance to the parking area for Teo's
Restaurant to reflect the additional available
parking on the Carini property as required by
Paragraph €. of Exhibit B of the Covenant and
i\yreement.
e) Ttlat the appliCAnt has failed to submit a Site
Develop~ent Plan or Site Improvement Pla~ as
required by Paragraph f. of Exhibit 8 of the Covenant
and Agreement.
2. for all of the foregoing reasons, the Restrictive
Covenant and Shared Parking Agreement dated May 5, 1995
by and between Joe Dimassimo and the Board of County
Commissioners of Collier County and recorded at O.R.
800k 2059, Pilges 885 through 889, is hereby declared to
be NULL AND VOID.
3. Accordingly, Resolution Number 95-330 adopted by the
Board on May 9, 1995 approving said Restrictive Covenant
and Shared Parking Agreement is hereby RESCINDED.
BE IT RESOLVED that this Resolution ~e recorded ill the
Minutes of this Board.
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*** OR: 2317 PG: 2702 ***
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Done this
.) 'JcC..,G
This Resolution adopted after motion, second and majority vote.
, 1997.
ATTEST:
Ji, _:. ,?-,,,,,-'_-.:7b/ ~Q.
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APPROVED Jl..S TO FOP,M /I.ilO LEG!\L
SUFFICICNC'/:
'--n\Ii'~"~11 i/'[I ,f
MARJOR;E M, STUDENT
ASSISTANT COUNTY ATTORNEY
f /~"S/b~/Re~", I '.It 1 on
dilY of '07
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY: /',,;';
Tl OTHY
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