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Resolution Zoning 04-Z-84
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Resolution Zoning 04-Z-84
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<br />any and all Public Amenities and all improvements which may be constructed thereon from time <br />to time) in good condition and in a safe, clean and attractive manner reasonably acceptable to the <br />City Manager. After any landscape or other installation within the Easement or any subsequent <br />repairs and/or maintenance thereof, the Owner shall restore the surface of the Easements, as <br />applicable, as near to its original conditions as may be possible, all within a reasonable time after <br />the installation, repair and/or maintenance of such activity described above. In the event that the <br />Owner fails to restore or commence restoration and diligently pursue same, after receipt of thirty <br />(30) days' written notice from City to owner of such failure, then the City may restore the <br />Easements to its required condition (the "City's Right to Restore") and thereafter the Owner shall <br />reimburse the City for the reasonable costs of such restoration within thirty (30) days following <br />receipt by the Owner of a reasonably documented invoice (the "Invoice") for same. In the event <br />reimbursement is not received by the City within the required time, City may then place a lien <br />against the Property for the cost as documented in the Invoice. Grantor agrees that the City's <br />lien shall be on a parity with special assessment liens and superior to all other liens excepting <br />those of taxing authorities. <br /> <br />C. Insurance <br /> <br />Owner, including its successors and assigns, shall maintain, during the terms of this <br />Declaration, the insurance specified below. A Certificate of Insurance shall be provided to the <br />City of Sunny Isles Beach's City Manager prior to the effective date of this Declaration as <br />provided in paragraph four (4). No modification, change or cancellation of insurance shall be <br />made without thirty (30) days' written advance notice to the City Manager, with a copy to the <br />City Attorney. <br /> <br />Public Liability Insurance on a comprehensive basis in an amount not less than One <br />Million Dollars combined single limit and an aggregate of not less than Three Million Dollars for <br />bodily injury and property damage. The policy shall list the City as an additional insured. The <br />policy shall include Products Liability coverage if any when applicable. No modification, <br />change or cancellation of insurance shall be made without thirty (30) days written advance notice <br />to the City Manager with a copy to the City Attorney. The Public Liability Insurance coverage <br />shall include those classifications as listed in Standard Liability Insurance Manuals, which are <br />applicable to the operations of Owner, its successor and assigns in the performance of this <br />Declaration. All insurance policies required above shall be issued by companies authorized to do <br />business under the laws of the State of Florida. Such companies shall have a general policy <br />holders' rating of "A" or better and a financial rating of not less than "Class V" as reported by <br />Best's Key Rating Guide, published by A.M. Best Company, latest edition. This insurance shall <br />be in effect as long as this Declaration exists. Failure to continue to provide the insurance <br />coverage shall constitute a violation of this Declaration. <br /> <br />Compliance with the foregoing requirements shall not relieve Owner, its successors or <br />assigns of its liability and obligation under this section or any other portion of this Declaration. <br /> <br />The City reserves the right to reasonably amend the insurance requirements by the <br />issuance of a notice in writing to Owner, its successors or assigns. <br /> <br />3 <br />
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