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3. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development <br />Regulations, modify condition 22 of Resolution 17-Z-161, with respect to the restrictive <br />covenant related to the Project's workforce housing; and <br />4. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development <br />Regulations, add an 18 -slip residential marina, <br />is in compliance with the Comprehensive Plan and the Land Development Regulations of the City <br />of Sunny Isles Beach, and there is substantial competent evidence to support approval of the <br />application. <br />Section 3. Approval. The Applicant's request for a site plan modification of the <br />approved site plan under Resolution No. 17-Z-161 adopted February 16, 2017, to (1) eliminate <br />the cable railing along the seawalls of the property, (2) modify the entryway signage for the <br />Project, (3) modify condition 22 of Resolution 17-Z-161, with respect to the restrictive covenant <br />related to the Project's workforce housing, and (3) add an 18 -slip residential marina, is hereby <br />approved subject to all conditions set forth in Section 4 below. <br />Section 4. Conditions. <br />A. Conditions to be completed before any Certificate of Occupancy is issued. <br />1. That the Applicant submit an amended Declaration of Restrictive Covenants for <br />Workforce Housing in a form acceptable to the City Attorney that eliminates the specific <br />location of the workforce housing units without altering the number or mix of units to be <br />provided. The Declaration of Restrictive Covenant shall be recorded in the public records <br />of Miami -Dade County at the Applicant's expense. <br />2. The Applicant acknowledges and agrees that the residential marina located at 100, 150 <br />and 300 Kings Point Drive and legally described herein shall be utilized solely as a <br />residential marina, which shall be limited to 18 -slips for use by the immediate upland <br />residents of the Marina Del Mar development project for recreational purposes. The <br />Applicant further agrees that the residential marina shall be operated under the following <br />limitations and conditions: <br />i. vessel movement shall be restricted to the hours between 6:OOam and 12:OOam; <br />unless in the case of a weather emergency; <br />ii. fueling services are prohibited; <br />iii. pump out services are prohibited; <br />iv. live-aboards are prohibited; <br />V. proof of residency within Marina Del Mar development is required for leasing of a <br />slip, and the vessels within the marina cannot be rented to any other individual <br />for any amount of time; <br />vi. vessels cannot be used for any commercial activity; <br />3 <br />