Reso 2014-2329 - Laserfiche WebLink

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(Page 2 of 116) rooms, to be known as "AJA" (the "Projw,'), the Owner has agreed to the granting of certain easement rigl'M.as more Particularly set forth herein, and has agreed to be bound by certain covenants, restrictions and nons, w tlx •e"�, °� �,° r s it Y m, aarJtW agreed to be bound by certain covenants, restrictions and obligations with respect to the Property. 2. Grant of Rommmt. Owner does hereby grant and convey to the City the fouoww Iron- exelusive easefem (cbuectively, the °Easements : (i) a twenty (20') foot wide beach access easement along the south side of the Property exactly as described in the attached Exhibit "B-(the "Beach Access Easement'). The Beach Access Easement shall be for Pedestrian ingress to and egress from Collins Avenue to the public beach, exactly as shown on the Site Plan and as represented by the Applicant and recommended by staff to the Sunny isles Beach City Commission at the public hearing held cat November 17, 2005. (i) cazm= for vehicular ingress and egress for fire, police, health, sanitation and other public service personnel and vehicles employed and utilized by the City over the driveways and pathways as they may exist from time to time on the Property (the "City Aces Easement"); (iii) a ten-foot (10') landscaping s"ctscape easement pursuant to the City Strcetscape Master Plan, exactly as described on the attached Exhibit "Cn (the "Streetscape Easement"), and (v) the 10,000 square foot public oceanfront peck Mment exactly as described on the attached Exhibit "D" (the "Oecaafront Park ".) The Beach Access Easement and Oceanfront Park shall be fully accessible to the public on a twenty-four (24) hour basis, and shall be clearly designated by means of signage approved in writing by the City Manager or its designee, as amenities open to all members of the public. 3. Design Constenetlao 1Na6tenanee. lrsarance and Restoration of Easements and Imorovemen - (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 Nght to design, build, furnish and maintain any and all improvements not shown on the site plans 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 po improvemart, which approval shall not be unreasonably withheld or delayed. The Beach Aeoess ELscmcm shall be paved, and shall contain lighting. At no cost to the City, the Beach Access Easement and the Oceanfront Park shall be folly landscaped and equipped with public amenities including, but not limited m, bencbes, lighting, and two showers, one foot wash and one drinking water fountain, (the "Public Amenities"), the location, design and construction of which shall be subject to the approval of the City Manager or its desigom. The design and construction of the Streascspe Easement shall comply with the City Stnxtscape Master Plan, as approved by the City. Prior to the issuance of the Certificate of Occupancy, Owner shall plant landscaping on the Streetscape Easement as required pursuant to the City's Strectcape Master Plan or as otherwise 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 sit, at no eat to the City. W M50935M IZ2210 e Deseripeion! Dode,FL DOCML ant • Book.Page 26192.1195 Page: V 2 of 2138 Page 2 of 17 Order: 2 Co.ent:—