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HomeMy WebLinkAboutReso 2005-779 RESOLUTION NO. 2005-( lq A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE DECLARATION OF RESTRICTIVE COVENANTS BETWEEN THE CITY OF SUNNY ISLES BEACH AND WINSTON YACHT CLUB, INC. ATTACHED HERETO AS EXHIBIT "A" RELATING TO USE OF PARKING SPACES AND DOCKAGE SPACE; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution 99-Z-30, adopted on March 11, 1999, the City Commission approved a request for unusual use filed by Winston Yacht Club, Inc.; and WHEREAS, by Resolution 99-Z-30, the City Commission approved a non-use variance request which permitted the Yacht Club to operate without complying with the parking requirements of the City Code; and WHEREAS, in accordance with Resolution 99-Z-30, Winston Yacht Club, Inc. agreed to lease a limited number of parking spaces from the City pursuant to a Declaration of Restrictive Covenants; and WHEREAS, Subsequent to the execution of the Declaration of Restrictive Covenants, the City has utilized dockage space at the marina for storage of police marine boats; and WHEREAS, the City and Winston Yacht Club, Inc. desire to enter into a mutually beneficial agreement for the use of parking and dockage space. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Amendment. The City Commission hereby approves the First Amendment to Declaration of Restrictive Covenants attached hereto as Exhibit "A" relating to use of parking and dockage space. Section 2. Authority of the City Manager. The City Commission hereby gives the City Manager the authority to do all things necessary to effectuate this Resolution and the authority to execute the First Amendment to the Declaration of Restrictive Covenants. Section 3. Effective Date. This Resolution shall become effective upon adoption. . . . ~ ., ;. "'" ~ .." " ,'-\ , . vr~d / .', ., : :ATtE~T;'" .' .... ::~~,~~ '. . j~lli;;;S,~City Clerk 'sser, City Attorney Moved by: ~~~ ~ooorn~ Second by: C1~lb~~Lrrut:::r VOTE AS FOLLOWS: 5-b Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias ~es)_(No) --J.L,(Yes)_(No) v(Yes)_(No) V(Yes)_(No) -.l2(Y es)_(No) '. ~ FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS This First Amendment is made as of the _day of , 2005, by and between the CITY OF SUNNY ISLES BEACH, a political subdivision of the State of Florida, ("City") and WINSTON YACHT CLUB, INC., ("Winston Yacht Club") a Florida Corporation, its assigns, and successors. RECITALS: WHEREAS, in accordance with Resolution No. 99-Z-30, Winston Yacht Club agreed to construct twenty (25) parking spaces for public use as a condition of a zoning approval; and WHEREAS, Winston Yacht Club has utilized five (5) of the twenty five (25) public parking spaces for marina customers in accordance with a Declaration of Restrictive Covenants that was executed simultaneous with Resolution No, 99-Z-30; and WHEREAS, Winston Yacht Club has provided the City with the use of dockage space for police boats without charge; and WHEREAS, the City and Winston Yacht Club have a desire to enter into a mutually beneficial agreement for the use of the public parking spaces. NOW THEREFORE, in consideration of the premises, and the mutual covenants and provisions set forth herein, the City and Winston Yacht Club agree as follows: I. Repealer. Section 3 of the Declaration of Restrictive Covenants is hereby repealed and replace by this amendment. 2, Oblil!:ations of the City: The City agrees to provide seven (7) dedicated parking spaces to Winston Yacht Club at no charge to be utilized exclusive by customers of Winston Yacht Club, Upon request, the City also agrees to provide four (4) parking permits to Winston Yacht Club to be used during major Holidays and boating events, 3. Oblil!:ations of Winston Yacht Club. Inc. Winston Yacht Club agrees to provide the City up to one hundred (100) feet of dockage space, utilities, and storage area at no charge for the utilization by the police department for marine patrol boats and facilities. Winston Yacht Club also agrees to remove the constantine wire and chain-link fence located near the marina. 4, Conflict. Except as specifically amended hereby, the Declarative of Restrictive Covenants shall remain in full force and effect. 5, Recordinl!:. Winston Yacht Club shall be required to record this amendment with Miami- Dade County Property Appraiser's Office, EXHIBIT "A" " . IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on this March 2005. WITNESSES: Print Name: Print Name: ATTEST: Jane A. Hines, City Clerk APPRO D AS TO FORM AND S ICIENCY: I WINSTON YACHT CLUB, INC., a Florida Limited Liability Company By: Print Name and Title: CITY OF SUNNY ISLES BEACH, a Florida Municipal Corporation