Resolution Zoning 03-Z-74 - Laserfiche WebLink

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~ : "" .. '. I . NOW THEREFORE, Grantor, in consideration of Ten ($10.00) Dollars, and for other good and. valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. 2. Grant of Easements. Grantor hereby grants to Grantee a non-exclusive easement (the "Easement") in favor of Grantee over, across, under and through the Easement Parcels solely for: (a) pedestrian ingress and egress from Collins Avenue to the beach lying easterly of the Easement Parcels between the hours of 9:00 a.m. and 9:00 p.m. (eastern standard time), and (b) the personnel of the police and fire departments and other governmental authorities having jurisdiction over--the-Easement Parcels while engaged in the performance of their official duties (c) landscaping along Collins Ave front 10 feet of setback. Grantee may permit members of the public to also use the Easement Parcels to the same extent as the Grantee as provided in clause (a) above. 3. Desion. Construction and Maintenance of Easement Parcels and ImDrovements. Grantor and its successors and assigns shall have the exclusive right to design, build, furnish and maintain any and all improvements (including but not limited to landscaping, irrigation and lighting) located within the Easement Parcels. The design of and any and all materials to be used for any and all improvements within the Easement Parcels shall be presented to the Grantee for its approval prior to construction of such improvements, which approval shall not be unreasonably withheld or delayed. Grantor shall at all times maintain the Easement Parcels (including any and all improvements which may be constructed thereon from time to time) in good condition and in a safe, clean and reasonably attractive manner. In the event that Grantor fails to maintain the Easement Parcels in the condition described in this Section 3, then the Grantee may give notice of default to the Grantor, and the Grantor shall have thirty (30) days following the date of receipt of such notice to restore the Easement Parcels to the required condition, or in the event the restoration cannot be completed within such thirty (30) day period, to commence restoration and diligently pursue same to completion. In the event that the Grantor fails to restore or commence restoration and diligently pursue same within such thirty (30) day period, then the Grantee may restore the Easement Parcels '" _. guired condition ') cou~" i'- f:..\.... ~ .f( )"h., '" and thereafter, the Grantor shall reimburse the Grantee for th ,.<r:8' '<: sts of such restoration within thirty (30) days following receipt by the Granto ldt;~~~~ab 9:.!d, umented y) \ '2.-J;,i~11t ~1 \ <:'~T .:;:;'~:/ .:,' ~ !. \~::::~\.<~~~. ' , ,. :~\...j,h 2 ":-," C1..):o'~_'T\ '\~~J~< - - ~~;.;.