|
(Page 4 of 116)
<br />Compliance with the foregoing requirements shall not relieve Owner, its successors or
<br />assigns of its liability and obligations user this section or any other portion of this Declaration.
<br />assigns of its liability and obligations user this section or any other portion of this Declaration.
<br />The City reserves the right to reasonably amend the insurance requirements by the
<br />iasaance of a notice in writing to owner, its successors or assigns,"
<br />4. Effective Date. These grants of easement shall not become effective until the
<br />City issues a final certificate of user and occupancy for the development approved under the
<br />Resolution, as modified by any subsequent a, shua,iat compliance approval, or as such other
<br />plans are approved at public hearing consistent with this Declaration.
<br />5. &eHrvatlon. Grantor hereby reserves all rights of ownership in and to the
<br />property underlying the Easements (the "Easement Parcels ") which are not inconsistent with this
<br />Declaratioa, including, without limitation: (a) the right to grant further non- exclusive easements
<br />on, ova, under and/or across the Easement Parcels (i.e., utility and/or access easements); (b) the
<br />right to use the Easements for all uses not interfering or inconsistent with the uses permitted
<br />bercin, including; but not limited to: vchicalar access and Ingresa and egress to, over, and from
<br />the Easement Parcels and the Property; service access to, over and from the Easement Parcels
<br />end the Property; installation . maiatenance and use of utility facilities and access therefore and
<br />maintenance thereof; the right to conduct any activity upon the Easements which promotes the
<br />security of the Easements or the Property or any persons or property located thereon as long as
<br />public access to the beach through the Easement Parcels is continuously maintained, and the
<br />right to construct and maintain any signs within the Easeme is as may be permitted by
<br />applicable law; and (c) the exclusive right subject to the City's Right to Restore, to design,
<br />build, furnish and maintain any and all improvements (including, but not limited to, landscaping
<br />and lighting) located within the Easements. Prior to its exercise of those rights set forth in (a),
<br />(b) or (c) of this paragraph 5, other than the gmnting of such easement to governmental or quasi -
<br />govemmental authorities or depamnams, or to grantor's future successors or assigns orantor
<br />shall obtain the approval of the City Manager, who shall determine, in his/ha sole and
<br />reasonable opinions, whether the proposed grant, use, or other activity is inconsistent with the
<br />grant of easements act forth herein and in Resolution No. 05 -Z -99.
<br />6. [ndemnlflation. The Grantor, its successors end assigns, hereby agree, for
<br />separate good and valuable consideration the receipt and sufficiency of which are herby
<br />admowiedged, to jointly and severally indemnify. defend and hold harmless the Grantee, (and all
<br />of its members, officers, directors, employees, successors and assigns, and consultants) against
<br />any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable
<br />attorney's fees and cost whether suit be brought or any appeals be taken therefrom) arising from,
<br />growing our of or connecting in any way to the Declaration or any activity carried on in the
<br />Easements, including but not limited to the failure of the Grantor to maintain the Easements.
<br />7. Valet ParkinM Gwne shall provide 24 -bour valet parking services for owners
<br />of the Property's condominium units and their guests.
<br />S. City Irsmoetioa As further part of this Declaration, it is herby understood and
<br />agreed that any official inspector of the City of Sunny Isles Beach Building and Zoning
<br />Department or its agents duly a rrhorized, may have the privilege at any time during normal
<br />w In&^9w i m2v"d
<br />Deacriperon: Dade,FL Docu ar.0 - Book.Page 26192.1195 Page: 4 Of 173 Page 4 of 1 7
<br />Older: 2 COC.en.: ,4V IJLII QIJGI IJV V, IY VVVVVVI'
<br />
|