Resolution Zoning 14-Z-141 - Laserfiche WebLink

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CFN: 20170289515 BOOK 30543 PAGE 4999 2. Grant of Easements. Owner does hereby grant and convey to the City the following non-exclusive easements (collectively, the "Easements"): (i) a ten -foot (10') wide landscaping streetscape easement as per the City Streetscape Master Plan as described in the attached Exhibit `B" (the "Streetscape Easement"), and (ii) a fifty -foot (50') right-of-way easement for use by the public, vehicles, and pedestrians as described in the attached Exhibit "C" (the "Right -of -Way Easement") located on the western side of the Shopping Center, as set forth in the revised plans. Owner shall be entitled use portions of the Streetscape Easement for driveways/accessways as shown on the site plan approved pursuant to the Resolution, and other uses not inconsistent with this grant of Easements. The Easements shall be maintained in perpetuity by Owner for as long as it owns the Property and shall then be maintained by Owner's successor in ownership. Owner shall maintain the western portion of the development property (the "Waterfront Parcel"), as set forth in the Resolution, in a park -like setting for the temporary period of time commencing after the construction of the Shopping Center, and only until such time that the City has issued a building permit for the construction and/or development of the Waterfront Parcel. The park -like setting shall be constructed no later than sixty (60) days after Temporary Certificate of Occupancy ("TCO") or Certificate of Occupancy ("CO") is issued for the Shopping Center. Owner's compliance with the terms of this paragraph shall be deemed to satisfy that requirement V.13.21. in that certain Resolution No. 14-Z-141 of the City Commission of the City of Sunny Isles Beach, Florida, approving a site plan application (PZ2014-05) submitted by Owner that was passed and adopted on July 17, 2014. 3. Design, Construction, Maintenance, Insurance and Restoration of Easements and Improvements. (A) Design and Construction. Owner and its successors and assigns or any condominium or master owners' association managing the common areas of the Property, shall have the exclusive right to design, build, furnish and maintain any and all improvements not shown on the site plan approved by the Resolution (including but not limited to landscaping, irrigation and lighting) located within the Easements, subject to the approval of the City Manager, in his sole and reasonable discretion. The design of any and all materials to be used and of any and all improvements within the Easements shall be presented to the City for its approval prior to construction of such improvements, which approval shall not be unreasonably withheld or delayed. The design and construction of the Easements shall comply with applicable law. Prior to the issuance of the Certificate of Occupancy, Owner shall plant landscaping and install improvements on the Easements as approved by the City. If the landscaping dies or fails to thrive during the first two years from completion of the initial installation of the landscaping, Owner shall replace it with landscaping of equivalent species and size. (B) Maintenance. 2