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<br />thereon as long as public access to the beach through the Easement is continuously maintained,
<br />and the right to construct and maintain any signs within the Easement Parcel as may be permitted
<br />by 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 Easement Parcel. Prior to its exercise of those rights set forth in
<br />(a), (b), or (c) of this paragraph five (5), other than the granting of such easement to
<br />governmental or quasi-governmental authorities or departments, or to Grantor's future
<br />successors or assigns, Grantor shall obtain the approval of the City Manager, who shall
<br />determine, in hislher reasonable opinion, whether the proposed grant, use, or other activity is
<br />inconsistent with the grant of Easement set forth herein and in Resolution No. 04-Z-84.
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<br />6. Indemnification. The Grantor, its successors and assigns, hereby agree, for separate
<br />good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,
<br />to jointly and severally indemnify, defend and hold harmless the Grantee, (and all of its
<br />members, officers, directors, employees, successors and assigns, and consultants) against any
<br />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 out of or connecting in any way to the Declaration or any activity carried on in the
<br />Easement, including but not limited to the failure of the Grantor to maintain the Easement.
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<br />7. Valet Parkine. Owner shall provide 24 hour valet parking services for owners of the
<br />Property's condominium units and their guests.
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<br />8. City Insoection. As further part of this Declaration, it is hereby understood and agreed
<br />that any official inspector of the City of Sunny Isles Beach Building and Zoning Department, or
<br />its agents duly authorized, may have the privilege at any time during normal working hours of
<br />entering and inspecting the use of the Premises to determine whether or not the requirements of
<br />the building and zoning regulations and the conditions herein agreed to are being complied with.
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<br />9. Covenant Runnine with the Land. This Declaration on the part of the Owner shall
<br />constitute a covenant running with the land and shall be recorded in the public records of Miami-
<br />Dade County, Florida and shall remain in full force and effect and be binding upon the Owner,
<br />and its heirs, successors and assigns (including, without limitation, any ensuing condominium
<br />association or property owner association or operator of the Property) until such time as the same
<br />is modified or released. These restrictions, during their lifetime, shall be for the benefit of, and
<br />limitation upon, all present and future owners of the Property. However, nothing contained in
<br />this Declaration shall create a public dedication of all or any portion of the Property.
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<br />10. Term. This Declaration is to run with the land and shall be binding on all parties and all
<br />persons claiming under it for a period of thirty (30) years from the date this Declaration is
<br />recorded after which time it shall be extended automatically for successive periods of ten (10)
<br />years each unless an instrument signed by a majority of the, then, owners of the Property has
<br />been recorded agreeing to change the Declaration in whole, or in part, provided that the
<br />Declaration has first been modified or released by the City.
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