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<br />'. <br /> <br />~ <br /> <br />FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS <br /> <br />This First Amendment is made as of the _day of , 2005, by and <br />between the CITY OF SUNNY ISLES BEACH, a political subdivision of the State of Florida, <br />("City") and WINSTON YACHT CLUB, INC., ("Winston Yacht Club") a Florida <br />Corporation, its assigns, and successors. <br /> <br />RECITALS: <br /> <br />WHEREAS, in accordance with Resolution No. 99-Z-30, Winston Yacht Club agreed to <br />construct twenty (25) parking spaces for public use as a condition of a zoning approval; and <br /> <br />WHEREAS, Winston Yacht Club has utilized five (5) of the twenty five (25) public parking <br />spaces for marina customers in accordance with a Declaration of Restrictive Covenants that <br />was executed simultaneous with Resolution No, 99-Z-30; and <br /> <br />WHEREAS, Winston Yacht Club has provided the City with the use of dockage space for <br />police boats without charge; and <br /> <br />WHEREAS, the City and Winston Yacht Club have a desire to enter into a mutually <br />beneficial agreement for the use of the public parking spaces. <br /> <br />NOW THEREFORE, in consideration of the premises, and the mutual covenants and <br />provisions set forth herein, the City and Winston Yacht Club agree as follows: <br /> <br />I. Repealer. Section 3 of the Declaration of Restrictive Covenants is hereby repealed and <br />replace by this amendment. <br /> <br />2, Oblil!:ations of the City: The City agrees to provide seven (7) dedicated parking spaces <br />to Winston Yacht Club at no charge to be utilized exclusive by customers of Winston Yacht <br />Club, Upon request, the City also agrees to provide four (4) parking permits to Winston <br />Yacht Club to be used during major Holidays and boating events, <br /> <br />3. Oblil!:ations of Winston Yacht Club. Inc. Winston Yacht Club agrees to provide the City <br />up to one hundred (100) feet of dockage space, utilities, and storage area at no charge for the <br />utilization by the police department for marine patrol boats and facilities. Winston Yacht Club <br />also agrees to remove the constantine wire and chain-link fence located near the marina. <br /> <br />4, Conflict. Except as specifically amended hereby, the Declarative of Restrictive Covenants <br />shall remain in full force and effect. <br /> <br />5, Recordinl!:. Winston Yacht Club shall be required to record this amendment with Miami- <br />Dade County Property Appraiser's Office, <br /> <br />EXHIBIT "A" <br />