Reso 2018-2866 - Laserfiche WebLink

Home Browse Search

i) "Public Records" shall mean the public records of the City of Sunny Isles Beach; Florida and other related entities. j) "Roadway Improvements" shall be those portions of the Easement Property from time to time improved with compaction, paving, concrete, asphalt, guard-privacy railing and other like improvements utilized for emergency vehicle and pedestrian travel. k) "172"d Street" shall be that certain public right-of-way, designated as 172"d Street and reflected in the Plat recorded in Plat Book 157, Page 70, Public Records, which right of way adjoins the Easement Property and is depicted in Exhibit"A" attached hereto and incorporated herein. WHEREAS, the Declarant has agreed to provide the Benefited Party with an easement over and across the Easement Property, for pedestrian and Emergency Vehicle ingress and egress to and from 172"d Street to 174th Street. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, Declarant, for itself, its successors and assigns, hereby declares, grants and agrees as follows: 1. Recitals. The foregoing recitals are hereby incorporated herein and made a part of this Declaration. 2. Declaration. Subject to the conditions and stipulations hereinafter set forth, Declarant does hereby declare, grant and agree that there shall be and there hereby does exist for the benefit of the Benefited Party a permanent non-exclusive easement in, over, under, through and across the Easement Property, for ingress and egress for pedestrian use and vehicular traffic for Emergency Vehicles only while engaged in -the provision of emergency services to and from 172"d Street and 174th Street Furthermore, the Benefited Party is authorized to improve the Easement Property with Roadway Improvements, Landscaping and Irrigation. 3. Use. The Benefited Party may use and enjoy the rights and easements hereby declared, granted and created as follows: a) Any use by Benefited Party, citizens, contractors, licensees, employees, invitees or agents of the Benefited Party of the Easement Property shall be effected in such a manner so that it shall not unreasonably interfere with the rights of Declarant for access or maintenance purposes or any others having a right to use the Easement Property. b) Indemnity: (i) To the extent permitted by Section 768.28, Florida Statutes, Benefitted Party hereby indemnifies and holds Association and Condominium, their individual condominium unit owners, their officers, directors, employees, invitees and agents ("Indemnified Parties") harmless from and against all loss or damage which Indemnified Parties may suffer in connection with claims asserted solely concerning the negligence or malfeasance of the Benefitted Party, its employees, independent contractors and agentsinconnection with this Agreement and the rights granted hereunder, ,including but not limited to reasonable attorney's fees expended in connection with the settlement, trial and appellate review thereof ("Indemnified Losses"). Indemnified Losses specifically do not include any indemnification from or against claims asserted solely concerning actions of the Indemnified Parties. This Section 3 shall survive termination of this Easement Agreement. 7 Amended Ingress/Egress Easement Agreement - Porto Bellagio 302577037x1 0959416