Resolution Zoning 14-Z-141 - Laserfiche WebLink

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CFN: 20170289515 BOOK 30543 PAGE 5002 Section 6 shall be limited to the time period each such Owner is the actual fee title owner of the affected Easements. 7. Sale of beer and wine. Owner agrees to sell only beer and wine at the Publix Super Market commercial retail shopping center unless a conditional use application is granted to sell liquor. 8. Undererounding of Utility Lines. Owner shall be responsible for undergrounding all utility lines along 183rd Street to the eastern boundary of the Property. The City shall be responsible for undergrounding the utility lines from the eastern boundary of the Property to the intersection of the north right-of-way line of 183rd Street and the west right-of- way line of Collins Avenue (along the south boundary of the gas station property located adjacent to the east boundary of the Property); and Owner shall be responsible for the actual cost thereof. Owner has provided to the City an escrow deposit of Two Hundred Thousand Dollars ($200,000.00) (the "Deposit") for the cost of undergrounding the utility lines. Within sixty (60) days after the completion of the undergrounding of such utilities by the City, the City shall provide to Owner such documentation as is reasonably required to determine the actual cost of such undergrounding. If the actual costs of undergrounding the utility lines adjacent to the gas station property exceed the Deposit, the City shall be entitled to retain the Deposit and Owner shall pay the City the outstanding difference within forty-five (45) days of receipt of the documentation described above. Should the cost of the undergrounding be less than the Deposit, the City shall deduct from the Deposit and retain the actual cost of undergrounding, and shall send a refund for the remainder to the Owner along with the documentation described above. 9. City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City of Sunny Isles Beach Building and Zoning Department, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the Property to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with; provided, however: (i) such inspector may notify or, in the case of an emergency, attempt to notify the store manager at the Publix supermarket; (ii) the inspectors may identify themselves to such person upon entering the premises; and (iii) the inspectors shall only be permitted in food preparation areas or in the pharmacy while accompanied by the store manager or other person in charge or their designated representative. 10. Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon Owner, and its heirs, successors and assigns (including, without limitation, any ensuing condominium association or operator of the Property) until such time as the same is modified or released. These restrictions, during their lifetime, shall be for the benefit of, and limitation upon, all present and future owners of the Property. However, nothing contained in this Declaration shall create a public dedication of all or any portion of the Property. 11. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded, after which time it shall be extended automatically for successive periods of ten (10)