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Restrictive Covenant shall be recorded in the public records of Miami -Dade <br />County at the Applicant's expense. <br />2. The Applicant acknowledges and agrees that the residential marina located <br />at 100, 150 and 300 Kings Point Drive and legally described herein shall be <br />utilized solely as a residential marina, which shall be limited to 18 -slips for <br />use by the immediate upland residents of the Marina Del Mar development <br />project for recreational purposes. The Applicant shall submit a Declaration <br />of Restrictive Covenants, in a form acceptable to the City Attorney, <br />providing that: (i) vessel movement is restricted to the hours between <br />6:00am and 12:00am, (ii) no fueling services are provided, (iii) no pump out <br />services are provided, (iv) there are no live-aboards, (v) proof of residency <br />within Marina Del Mar development is required for leasing of a slip, (vi) <br />vessels within the marina cannot be rented to any other individual for any <br />amount of time or used for any commercial activity, and (vii) slips cannot be <br />used for any commercial activity, including jet ski rentals. The Declaration <br />of Restrictive Covenants shall also provide that the City may enforce said <br />covenants by sending a written notification to the Applicant by U.S. Mail, <br />postage paid, to the mailing address of the Applicant, or by posting at the <br />Property, and that each violation shall result in a fine in the amount of $1,000 <br />per day and per occurrence. The Applicant acknowledges and agrees, and <br />the Declaration of Restrictive Covenants shall reflect, that the monetary <br />fines described in this provision shall be in addition to any other remedies <br />available to the City at law or in equity, or both. The Declaration of <br />Restrictive Covenant shall be recorded in the public records of Miami -Dade <br />County at the Applicant's expense. <br />3. Upon the submittal of an application for a building permit, the plans <br />submitted shall be approved by the Planning and Zoning Department and <br />be consistent with the specific site plan approved by the City Commission. <br />Plans shall include all the required elements of the site plan pursuant to the <br />City's Land Development Regulations and recommendations. Should <br />compliance with recommendations result in a change that would not be <br />considered "minor" in accordance with Section 265-18 of the City Code; the <br />Applicant shall be required to obtain another approval of the City <br />Commission. <br />4. That the Applicant complies with all conditions and permit requirements, <br />including but not limited to, Miami -Dade County DERM, etc. <br />5. Under Section 267-4, the City Manager and/or his/her designee in review <br />of any application, may refer any such application presented to it to such <br />engineering, planning, legal, technical, or environmental consultant or <br />professional(s) employed by the City as the Manager shall deem reasonably <br />necessary to enable him/her to review such application as required by law. <br />Charges made by such consultants or professionals shall be in accord with <br />Ce <br />