Reso 2020-3048 - Laserfiche WebLink

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C F= N X71_121_3 F41_I 13 c$ C_I a OR BK 318.:rfi F35 3177`881 (5F'3S ) RECORDED i i.;,ri 14/20*2 i 1 .1"J u ll HARVEY RIIVII'i► CLERK OF 'COURT AGREEMENT TO MAINTAIN VERTICAL GARDEN WALLMIAMI-C,ADE t:OUHTYY FLORIN -i THIS AGREEMENT TO MAINTAIN is made and entered into as of the _r day ofZ 2019, by and between RDR Seashore, L.L.C., a Delaware limited liability company ("RDR") and th City of Sunny Isles Beach, a municipal corporation (the "City"). RECITALS: A. RDR is the developer of 18975 Collins Condominium (the "Condominium"), created by Declaration thereof, recorded in Official Records Book Page a$i; O , of the Public Records of Miami -Dade County, Florida (as amended and/or supplemented from time to time, the "Declaration") and located within the City. B. In connection with the development approvals for the Condominium, the RDR has installed a vertical garden wall upon the Collins Avenue frontage of the Condominium, which the City agrees satisfies the City's requirements for "Art in Public Places" (the "Vertical Garden Wall"). C. The entity established to govern the Condominium is 18975 COLLINS CONDOMINIUM ASSOCIATION, INC., a Florida corporation not for profit (the "Association"). D. The parties hereto now desire to enter into this Agreement to establish the on-going maintenance obligations of the Vertical Garden Wall, all in the manner hereinafter described. NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. 2. Maintenance of the Vertical Garden Wall. In order to comply with the City's approval requirements for the Condominium, the Association shall at all times maintain the Vertical Garden Wall in a heathy condition and otherwise in accordance with the Project Quality Standards. For purposes of this agreement, Project Quality Standards shall mean healthy and vigorous condition of plants equal to or similar to the elevation diagram attached in Exhibit A. In furtherance of the foregoing, in the event that 10% or more of the plants and other vegetation on the Vertical Garden Wall die or otherwise do not meet the foregoing standards, same shall be replaced by the Association within thirty (30) days. Notwithstanding the foregoing, the Association, in its reasonable discretion, shall have the right to change the type of plants and other vegetation on the Vertical Garden Wall, from time to time, provided that at all times the Vertical Garden Wall meets the Project Quality Standards. From and after the date hereof, the Association assumes all of RDR's obligations with respect to the Vertical Garden Wall and RDR shall forever be released from same. Miscellaneous. (a) Counterparts. This Agreement may be executed in any number of counterparts and - the separate parties hereto in separate counterparts, each of which when taken to . ther j shall be deemed to be one and the same instrument. i (b) Construction. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof. ADMIN 35999657v2