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<br />RESOLUTION NO. 2005-( lq <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF <br />THE CITY OF SUNNY ISLES BEACH, FLORIDA, <br />APPROVING THE FIRST AMENDMENT TO THE <br />DECLARATION OF RESTRICTIVE COVENANTS <br />BETWEEN THE CITY OF SUNNY ISLES BEACH <br />AND WINSTON YACHT CLUB, INC. ATTACHED <br />HERETO AS EXHIBIT "A" RELATING TO USE OF <br />PARKING SPACES AND DOCKAGE SPACE; <br />PROVIDING THE CITY MANAGER WITH THE <br />AUTHORITY TO DO ALL THINGS NECESSARY TO <br />EFFECTUATE THIS RESOLUTION; PROVIDING <br />FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, by Resolution 99-Z-30, adopted on March 11, 1999, the City <br />Commission approved a request for unusual use filed by Winston Yacht Club, Inc.; and <br /> <br />WHEREAS, by Resolution 99-Z-30, the City Commission approved a non-use <br />variance request which permitted the Yacht Club to operate without complying with the <br />parking requirements of the City Code; and <br /> <br />WHEREAS, in accordance with Resolution 99-Z-30, Winston Yacht Club, Inc. <br />agreed to lease a limited number of parking spaces from the City pursuant to a <br />Declaration of Restrictive Covenants; and <br /> <br />WHEREAS, Subsequent to the execution of the Declaration of Restrictive <br />Covenants, the City has utilized dockage space at the marina for storage of police marine <br />boats; and <br /> <br />WHEREAS, the City and Winston Yacht Club, Inc. desire to enter into a <br />mutually beneficial agreement for the use of parking and dockage space. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION <br />OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Approval of the Amendment. The City Commission hereby approves the <br />First Amendment to Declaration of Restrictive Covenants attached hereto as Exhibit "A" <br />relating to use of parking and dockage space. <br /> <br />Section 2. Authority of the City Manager. The City Commission hereby gives the <br />City Manager the authority to do all things necessary to effectuate this Resolution and the <br />authority to execute the First Amendment to the Declaration of Restrictive Covenants. <br />