Resolution Zoning 99-Z- 30 - Laserfiche WebLink

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utt: t 858m I 933 99R223794 1999 APR 30 09:H DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS that the undersigned, being the owner of the following described property, lying, being and situated in Dade County, Florida, to-wit: See Exhibit A attached hereto In order to assure the City Commission of Sunny Isles Beach, Florida, that the representation made to them by the Owner in connection with Application No. Z98-14 is offered, freely, voluntarily.and without duress, the Owner makes the following Declaration of Restrictive Covenants ("Declaration") covering and running with the above-described real property. That in connection with a request for approval for the Unusual Use to permit the maintenance and continued use of the water use facility to wit; a marina and the Non-Use Variance of parking requirements to permit zero parking spaces (25 parking spaces required) forthe existing marina entitled "Winston Yacht Club, Inc." pursuant to the Plans that are on file with the Building Planning and Zoning Department prepared by Craven Thompson Associates, Inc. dated revised 8/5/98, the undersigned, or their successors in interest, will abide by the following covenants which are voluntarily proffered. 1. Substantial Accordance with Approved Plans. The property shall be operated substantially in accordance with the spirit and intent of the Plans, prepared by Craven Thompson Associates, Inc., noted above, and as otherwise modified by the terms of this Declaration. 2. Application Fees. The Owner has paid all applicable application fees at the time of the application for Unusual Use and Non-Use Variance as per the City's Code. 3. Additional Parking Spaces and Beautification/Landscaping of North Bav Road. Owner agrees to pay the sum of $8,000.00 of the cost to the City to develop 25 parking spaces ("12 metered, ':2 permitted and 1 handicatJped) along North Bay Road and to landscape the adjacent areas along North Bay Road. The funding of the $8,000.00 by Owner for the development of the area shall be paid as follows: one third to be paid within twenty-four (24) hours of the expiration of the appeal period of the approval of Owner's Application for Unusual Use and Non-Use Variance, one-third to be paid six (6) months thereafter and the balance of one-third to be paid one year from the date of the approval. The parking space at the end of North Bay Road closest to the marina will be designated by the City as a loading/unloading zone that can be utilized by anyone who desires to use it. The Owner will purchase from the City 5 parking permits (included in the five (5) permitted spaces is the loading/unloading space) for the period of two(2) years after which Owner shall have the right of first refusal to purchase the five (5)