Loading...
HomeMy WebLinkAboutResolution Zoning 99-Z- 30 RESOLUTION NO. 99-Z-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE REQUEST OF WINSTON YACHT CLUB, INC., LOCATED AT 174TH STREET AND WEST NORTH BAY ROAD, FOR AN UNUSUAL USE TO PERMIT A MARINA AND A NON-USE VARIANCE TO PERMIT LESS PARKING THAN REQUIRED SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Winston Yacht Club, Inc., has applied to the City Commission of the City of Sunny Isles Beach for the following: 1. Unusual Use to permit the maintenance and continued use of a water use facility to wit ; a manna. 2. Non-Use Variance of parking requirements to permit 0 parking spaces (25 parking spaces required). SUBJECT PROPERTY: A portion of Lot 3, Tatum's Subdivision, as recorded in Plat Book 10, Page 64 of the Public Records of Dade county, Florida, being more particularly described as follows: COMMENCING at the intersection ofthe south line of said Lot 3, and the west right of way line of State Road AlA; Thence South 87017'35" West, along the south line of said Lot 3, a distance of 1607.07 feet; thence North or42'25 "west, a distance of 94.00 feet to the Point of Beginning. Said Point of Beginning being further described as being on the West line of that parcel of land known as North Bay Road, and described in Clerks File Number 70R-112692, of the Public Records of Dade County, Florida, thence South 8rI7'35"West, along a line parallel to and 94.00 ft north of as measured at right angles to the south line of said TATUM'S SUBDIVISION, a distance of 121.06 feet; thence South 55029'13" West, a distance of 106.15 feet; thence South 8r17'35" West, along a line parallel to and 44.00 feet north of as measured at right angles, to the south line of said TATUM'S SUBDIVISION, a distance of 801.86 feet; thence South 34035'37" West, a distance of7.03 feet; thence North 55024'23" West, a distance of 12.00 feet; thence North 34035'37" East, a distance of 12.97 feet; thence North 87017'35" East, a distance of815.17 feet; thence North 55029'13" East, a distance of 94.87 feet; thence North 8r17'35" East, a distance of 122.77 feet; thence South 02042'25" East, along the west line of said North Bay Road, a distance of 12.00 feet to the Point of Beginning. Said lands situated, lying and being in Dade County , Florida. ADDRESS: Approximately 250 feet South of 174 St. and West of North Bay Road. WHEREAS, a public hearing of the City Commission was advertised and held as required by law and all interested parties concerned in the matter were heard, and upon due and proper consideration having been given to the matter and to the positive recommendations of both the Zoning and Code Administrator and the Building Official; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: 1. The request for Unusual Use to permit the maintenance and continued use of a water use facility to wit; a marina and the request for a Non-Use Variance of parking requirements to permit 0 parking spaces ( 25 parking spaces required) be, and the same are hereby approved subject to the conditions listed below and further conditioned on the Declaration of Covenants attached hereto as Exhibit "A:" A. That a site plan be submitted to and meet with the approval of the Building Official upon the submittal of an application for a building permit for any future changes to the site. Said plans to include among other things but not limited thereto, location of structure or structures, types, sizes and location of signs, light standards, off street parking areas, exits and entrances, drainage, walls, etc. B. That in the approval of the plan, the same be substantially in accordance with that submitted for hearing entitled "Winston Towers Marina" prepared by Craven, Thompson, Associates Inc. dated 8-5-98. C. That the use be established and maintained in accordance with the approved plans. D. That the applicant voluntarily proffered a declaration of restriction acceptable to the Building Official restricting the uses permitted on the property but not limited to, time of operation of business and parking requirements. See attached Exhibit "A". E. That the applicant obtain a Certificate of Use and Occupancy from the City, upon compliance with all terms and conditions, subject to cancellation upon violation of any of the conditions set forth in the resolution and declaration of restrictions. That the Certificate of Use and Occupancy be renewed annually. F. That the applicant comply with all conditions and requirements of the Department of Environmental Resources Management (DERM), the Fire Department and the Florida Department of Transportation G. That the boat storage facility be limited to 49 slips. H. That only one (1) liver board be permitted who shall also be the Dock Master for the Marina. 2. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 11th day of March, 1999. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Co ission By: . ~ ,1_. .;. .<,;XtTESJ':";" ,~~_1:: ~0>'->",',-~-,:, lf~. ~-. ,I). /1.. . i<! t" .>. " {-: If k';J" '<i \ , """J'\'tr,. ~.', ,I" ' ..., , .. \'1'. \; ,,'" .... \.1i:~. B~~;~-MOrilla, City Clerk J:!4~,. ,:; ,', . '-~~~ .ft ~~';li' APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: ~~ ~ moved and~'wA ~... seconded denial of the requested zoning modifications, and upon a roll call the vote ~ - ~ in favor: Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow ~es_no ~yes_no ~es no ~es_no Jt:yes _no 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) ... m:18567fU934 permits from year three (3) and on. The Owner will pay $250.00 per space, per year, for the five permitted parking spaces for a period of two years. The remaining metered and permitted spaces will be for the use of the general public. 4. Additional Conditions for Operation of the Marina. The Owner voluntarily agrees to the following conditions for the operation of the subject marina: A. No bar or restaurant will be located at the marina. B. No commercial fishing boats will be allowed at the marina. C. Only pleasure boats will be leased dock space at the marina. D. No major repairs or heavy maintenance will be permitted at the marina. E. The fueling of boats will be limited to two hours per week and will only be performed by a regulated and insured gas company. F. No loud noise will be allowed after 11 :00 p.m. as regulated by the City of Sunny Isles Beach Ordinance. G. No trash cans will be located on the docks of the marina. Any and all trash will be discretely located in containers at the marina. H. The Owner will remove all newly erected posts and place the posts back into their original configuration. I. No docking will be allowed to the left of the last piling at the marina. J. The Owner will protect the marina with its insurance and will assume liability of any accident that occurs on the marina property and will hold Winston Towers harmless from any liability concerning any incident occurring on the marina property. K. The Owner will work with the presidents of the Winston Towers 100 and 700 Buildings to resolve the concerns regarding the wire fencing that protects the marina property. L. The Owner will work with the presidents of the Winston Towers 100 and 700 Buildings related to tenant access to the marina for the gates located on the east and west sides of the marina. M. The Owner will enhance the appearance of the marina with new awnings and landscaping. 5. Covenant Runnina with the Land. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owner(s) of the real property and for running with the land and may be recorded in the public records of Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned, and their heirs, successors and assigns until such time as the same is modified or released, pursuant to the terms hereof. 6. Term. This Declaration shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date this Declaration is recorded, after which time it shall be extended automatically for " m:\858ml935 successive periods of ten (10) years each, unless an instrument signed by the then Owner( s) of more than fifty (50%) percent of the subject real property has been recorded agreeing to change the Declaration in whole, or in part, provided that the Declaration has first been modified or released by the City of Sunny Isles Beach. 7. Modification. Amendment and Release. This Declaration may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the then Owner(s) of more than fifty (50%) percent of the subject real property, provided that the same is also approved by the City Commission after public hearing. The Plans which are the subject of this Declaration may be modified without such petition or approval as long as such changes are determined by the City to be in substantial compliance with the Plans. Furthermore, in the event that any provision of this Declaration is modified by Ordinance, rule, regulation or policy of the City of Sunny Isles Beach, and is otherwise in compliance with the Commission's approval and any other ordinances, rules, regulations or policies of the City which would be applicable to the marina, than the effected terms of this Declaration may be modified to conform with said Ordinance, rule, regulation or policy, without further hearing by the City Commission. Should this Declaration of Restrictive Covenants be so modified, amended or released, the Director of the Sunny Isles Beach Zoning Department, or the Executive Officer or the successor of such department, or in the absence of such Director or Executive Officer, by his Assistant in charge of the office of his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 8. Enforcement. Enforcement shall be by action against any parties or persons violating or attempting to violate any provision of this Declaration. This Declaration, and the acceptance hereof by the City, is not intended and should not be construed to confer any rights on 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 order to be reasonable for the services of its attorney, at trial and appeal. This enforcement provision shall be in addition to any other remedies available at law, or in equity or both. 9. Authorization to Withhold Permits and Inspections. In the event of noncompliance with any provision herein, in addition to any other remedies, the City is hereby authorized to withhold any further permits or refuse to make inspections until such time as this Declaration is complied with or appropriately modified, amended or released, in the manner and mode set forth herein. 10. Severabilitv. In validation of anyone of these covenants, by judgment of a court of competent jurisdiction, shall in no way affect anyone of the other provisions, which shall remain in full force and effect. .. , m:185Nn'9$ 11. Recordina. This Declaration shall be filed of recorded in the public records of Dade County, Florida at the cost to the Owner. IN WITNESS WHEREOF, the Owner has caused these presents to be executed and signed in its name. WITNESS ~ ~ /16Rt2r5 I f/JMf/N i1t:~ ILlo 17, mil m [ rV6" jI//J (;,L WINSTO YACHT CLUB, INC. S~;,.J ~~~ Title: ~t2 1Je. j f ;p..~ Print Name STATE OF FLORIDA ) ) SS: ) COUNTY OF DADE The foregoing instrument was acknowledged before me this ..1- day of )11 ft((o.'\{- , 1999 by ~ ~1t:Be-rr of b~6 ~rJ~ e who is p.xrsonall~ knownJo me (or who has produced as identification), and who did take an oath. ~f).~ 'NOTARY PU IC TAKING ACKNOWLEDGEMENT Print Name: ANtl\t>~~ V I ~.f\ ~() Commission Num e : \Htft"1 AAft'l.U\t,1\I ~~!\v.~ '''''n\JlU 0, ROMEO t. :~ MY OOMMISSION , CC 8883 . ,,- EXPIReS: __ 21. 2001 "'''' .' 90nded Thru Nobly PuttIc lbleIwrtt8nI .".. \,.~ ~: ! 111l1/1; ,\., . E 0 f", . '.' ,. , \l ", "~.. ' .,,:.,,:'-. ::.';'~~....."'''.. ,~.> -. .,' r2' . ,t. ;: '-" ,- (.)'. , ~: '- /.,~ '....' - ',\, " _,. IL ,- ... , . " . ','I"'Oi,,~' ,.., , "-' , . -, ;. _.,,':= :",;--.,:, ~<.,' ~ :_t ::. .::; .,.v' , .,.q;, : t,;. ~~~~:'z'~j':' (", '':,j" "j'.' ,.-', ~, . ~ ~.,\",l',..i:~~':,~ . :..-".-' ..::, lJl" .,,~,!ff".H ....~.-..,A'~t, ~/t"~r~'i"{' ~i ,-' ~<,.'I.. . m:' Bssrnl937 ~ve ~~ Signature of Preparer ALAN K. MARCUS. ESQ. Name of Preparer ~ 7300 NORTH KENDALL DRIVE. SUITE 540 MIAMI. FLORIDA 33156 Address of Preparer ~[~: 185arrt1936 fIT ' EXHIBIT "A" LEGAL A portion of Lot 3, Tatum's Subdivision, as recorded in Plat Book 10, Page 64 of the Public Records of Dade county, Rorida, being more particularly described as follows: COMMENCING at the intersection of the south line of said Lot 3, and the west right of way line of State Road A 1 A; Thence South 8r 17'35" West, along the south line of said Lot 3, a distance of 1607.07 feet; thence North or 42'25 "west, a distance of 94.00 feet to the Point of Beginning. Said Point of Beginning being further described as being on the West line of that parcel of land known as North Bay Road, and described in Clerks File Number 70R-112692, of the Public Records of Dade County, Rorida, thence South 8r 17'35"West, along a line parallel to and 94.00 ft north of as measured at right angles to the south line of said TATUM'S SUBDIVISION, a distance of 121.06 feet; thence South 55029' 13" West, a distance of 106.15 feet; thence South 8r 17 '35" West, along a line parallel to and 44.00 feet north of as measured at right angles, to the south line of said TATUM'S SUBDIVISION, a distance of 801.86 feet; thence South 34035'37" West, a distance of7.03 feet; thence North 55024'23" West, a distance of 12.00 feet; thence North 34035'37" East, a distance of 12.97 feet; thence North 87017'35" East, a distance of 815.17 feet; thence North 55029'13" East, a distance of 94.87 feet; thence North 87017'35" East, a distance of 122.77 feeot; thence South Or42'25" East, along the west line of said North Bay Road, a distance of 12.00 feet to the Point of Beginning. Said lands situated, lying and being in Dade County, Rorida. LOCATION: Approximately 250 feet South of 174 St. and West of North Bay Road. PROPERTY SIZE: 0.28 acres ~tNOPNC/AI..R~I:t-.. OF O....OE COUNTY. FLORIOA. RECORD VERIFIED HARVEY RUVIN CLERI( QRCUlTCOURT .. . rr~:, 8587rCl 91) 99R223795 1999 APR 30 09:.41 SUPPLEMENT TO DECLARATION OF RESTRICTIVE COVENANTS COMES NOW, Winston Yacht Club, Inc. and supplements the Declaration of Restrictive Covenants dated March 7, 1999 in connection with Application No. Z98-14 for 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) for the existing marina entitled "Winston Yacht Club, Inc." 1. This Supplement to Declaration of Restrictive Covenants supplements Section 4. Additional Conditions for.OiJeration otthe Marina by adding the following: A. Owner will restrict and agree to permitting only one live aboard vessel at the marina for the manager of the marina. 2. All other conditions, restrictions and terms of the original Declaration of Restrictive Covenants dated March 7, 1999 will remain in full force and effect. 3. Recording. This Declaration shall be filed of record in the public records of Dade County, Florida at the cost to the Owner. IN WITNESS WHEREOF, the Owner has caused these presents to be executed and signed in its name. WITNESS ~~ ~rD1 (YJUJr{ ~ R&d;? ~~U Sa (lll.-c'..'; ~ ~'J r-r--r- Print Name Title: (:12..r;.1 · .I) -,,--~- Print Name ~ " m:l8saml940 STATE OF FLORIDA fi COUNTY OF DADE D(~d e ) ) SS: ) The foregoing instru~C]sPPWledjfd before me this & day of rf'l A(~ c \, , 1999 by. . c.o P-. b <L of who is personally known to me (0 who has produced cJ( \ \He;" II ceJ,$'t" as identification), and who did take an oath. ~~~ NOTARY PUBLIC TAKING ACKNOWLEDGEMENT Print Name: Sl ) S A~", P -€ f~ v-^''::S( Commission Number: J ~t~~ I 8587rC 1941 ~.V2,~ Signature of Preparer ALAN K. MARCUS. ESQ. Name of Preparer 7300 NORTH KENDALL DRIVE. SUITE 540 MIAMI. FLORIDA 33156 Address of Preparer .. I . ~~: 18587r~' 942 EXHIBIT "A" , :. LEGAL A portion of Lot 3, Tatum's Subdivision, as recorded in Plat Book 10, Page 64 of the Public Records of Dade county, Florida, being more particularly described as follows: COMMENCING at the intersection of the south line of said Lot 3, and the west right of way line of State Road AlA; Thence South 8r 17'35" West, along the south line of said Lot 3, a distance of 1607.07 feet; thence North 020 42'25 "west, a distance of 94.00 feet to the Point of Beginning. Said Point of Beginning being further described as being on the West line of that parcel of land known as North Bay Road, and described in Clerks File Number 70R-112692, of the Public Records of Dade County, Florida, thence South 870 17'35"West, along a line parallel to and 94.00 ft north of as measured at right angles to the south line of said TATUM'S SUBDIVISION, a distance of 121.06 feet; thence South 55029'13" West, a distance of 106.15 feet; thence South 87017'35" West, along a line parallel to and 44.00 feet north of as measured at right angles, to the south line of said TATUM'S SUBDIVISION, a distance of 801.86 feet; thence South 34035'37" West, a distance of7.03 feet; thence North 55024'23" West, a distance of 12.00 feet; thence North 34035'37" East, a distance of 12.97 feet; thence North 87017'35" East, a distance of 815.17 feet; thence North 55029'13" East, a distance of94.87 feet; thence North 87017'35" East, a distance of 122.77 feeot; thence South 02042'25" East, along the west line of said North Bay Road, a distance of 12.00 feet to the Point of Beginning. Said lands situated, lying and being in Dade County, Florida. LOCA TION: Approximately 250 feet South of 174 St. and West of North Bay Road. PROPERTY SIZE: 0.28 acres ~1tJ eFFJSIAL R66QRfJS jj()Q( 01' (MOE COUl"TY, RORIDA "ECORD VERIFIED HARVEY RUVIN CLERK CIRCUIT coURT STATE OF FLORIDA ) )ss: COUNTY OF DADE ) I, RICHARD BROWN-MORILLA, Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution No. 99-Z-30 adopted by the City Commission at its meeting held on thellth day of March, 1999. ~ ~~~~. Richard Brown-Morilla~.~;'::".,~" .,J ~ City Clerk "<,,:J ,.{,"~:','i,I"." ,[ ~:', ~: " l',,~ ~~ i ,\~t-l'l/..~~"; ';..: ~~\:,~:~., ;~-:;, <,,~: /'," . 4W -"! '7'Y r. '. -') J;'.' " ~.'.f ] "'~. '~~,l j-l; '; LMD\ch 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 cOQ,D.e<ction 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) for the 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, 12 permitted and 1 handicapped) 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) permits from year three (3) and on. The Owner will pay $250.00 per space, per year, for the five permitted parking spaces for a period of two years. The remaining metered and permitted spaces will be for the use of the general public. 4. Additional Conditions for Operation of the Marina. The Owner voluntarily agrees to the following conditions for the operation of the subject marina: -::r.;r -.. A. No bar or restaurant will be located at the marina. B. No commercial fishing boats will be allowed at the marina. C. Only pleasure boats will be leased dock space at the marina. D. No major repairs or heavy maintenance will be permitted at the marina. E. The fueling of boats will be limited to two hours per week and will only be performed by a regulated and insured gas company. F. No loud noise will be allowed after 11 :00 p.m. as regulated by the City of Sunny Isles Beach Ordinance. G. No trash cans will be located on the docks of the marina. Any and all trash will be discretely located in containers at the marina. H. The Owner will remove all newly er~cted posts and place the posts back into their original configuration. I. No docking will be allowed to the left of the last piling at the marina. J. The Owner will protect the marina with its insurance and will assume liability of any accident that occurs on the marina property and will hold Winston Towers harmless from any liability concerning any incident occurring on the marina property. K. The Owner will work with the presidents of the Winston Towers 100 and 700 Buildings to resolve the concerns regarding the wire fencing that protects the marina property. L. The Owner will work with the presidents of the Winston Towers 100 and 700 Buildings related to tenant access to the marina for the gates located on the east and west sides of the marina. M. The Owner will enhance the appearance of the marina with new awnings and landscaping. 5. Covenant Runnina with the Land. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owner(s) of the real property and for running with the land and may be recorded in the public records of Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned, and their heirs, successors and assigns until such time as the same is modified or released, pursuant to the terms hereof. 6. Term. This Declaration shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date this Declaration is recorded, after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the then Owner( s) of more than fifty (50%) percent of the subject real property has been recorded agreeing to change the Declaration in whole, or in part, provided that the Declaration has first been modified or released by the City of Sunny Isles Beach. 7. Modification. Amendment and Release. This Declaration may be modified, amended or released as to the land herBin-described, or any portion thereof, by a written instrument executed by the then Owner(s) of more than fifty (50%) percent of the subject real property, provided that the same is also approved by the City Commission after public hearing. The Plans which are the subject of this Declaration may be modified without such petition or approval as long as such changes are determined by the City to be in substantial compliance with the Plans. Furthermore, in the event that any provision of this Declaration is modified by Ordinance, rule, regulation or policy of the City of Sunny Isles Beach, and is otherwise in compliance with the Commission's approval and any other ordinances, rules, regulations or policies of the City which would be applicable to the marina, than the effected terms of this Declaration may be modified to conform with said Ordinance, rule, regulation ,or policy, without further hearing by the City Commission. Should this Declaration of Restrictive Covenants be so modified, amended or released, the Director of the Sunny Isles Beach Zoning Department, or the Executive Officer or the successor of such department, or in the absence of such Director or Executive Officer, by his Assistant in charge of the office of his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 8. Enforcement. Enforcement shall be by action against any parties or persons violating or attempting to violate any provision of this Declaration. This Declaration, and the acceptance hereof by the City, is not intended and should not be construed to confer any rights on 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 order to be reasonable for the services of its attorney, at trial and appeal. This enforcement provision shall be in addition to any other remedies available at law, or in equity or both. 9. Authorization to Withhold Permits and Inspections. In the event of noncompliance with any provision herein, in addition to any other remedies, the City is hereby authorized to withhold any further permits or refuse to make inspections until such time as this Declaration is complied with or appropriately modified, amended or released, in the manner and mode set forth herein. 10. Severability. In validation of anyone of these covenants, by judgment of a court of competent jurisdiction, shall in no way affect anyone of the other provisions, which shall remain in full force and effect.