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<br />WHEREAS, the City Commission reviewed the Application, and finds <br />substantial competent evidence to support a showing by the Applicant that the <br />request for conditional use approval is in compliance with the Land Development <br />Regulations and the Comprehensive Master Plan of the City and maintains the basic <br />intent and purpose of the zoning, subdivision and other land use regulations, which is to <br />protect the general welfare of the public, particularly as it affects the stability and <br />appearance of the community. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />II. INCORPORATION OF RECITALS. <br /> <br />All recitals are incorporated into the body of this Resolution as if same were fully set forth herein, <br /> <br />III. APPROV ALS. <br /> <br />The conditional use application submitted by Applicant to permit the operation of a <br />private beach club as part of the current hotel operation is hereby approved, subject to <br />all of the conditions provided in Section IV of this Resolution, <br /> <br />IV. CONDITIONS <br /> <br />1. That the Applicant limit the use of the beach club to no more than 240 (two hundred and <br />forty) membershipsl. <br /> <br />2. That the Applicant provides the City with quarterly reports each year denoting the precise <br />number of the beach club memberships.2 <br /> <br />3, That the Applicant ensures that the parking agreement between the Applicant and the City <br />of Sunny Isles Beach is in full force and effect unless the Conditional Use Application is <br />terminated. <br /> <br />FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS <br />DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS <br />SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN <br />FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO <br />REVOKE THE CONDITIONAL USE APPLCIATION, IF NECESSARY, UNTIL THAT <br />CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY <br />CONSENTS TO ALL THESE TERMS AND CONDITIONS. <br /> <br />I City Clerk's Note: scrivener's error/corrected 03/24/09 and reissued <br />2 City Clerk's Note: scrivener's error/corrected 03/24/09 and reissued <br />