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<br />4. Effective Date. These grants of Easements shall not become effective until they are
<br />recorded in the Public Records of Miami-Dade County.
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<br />5. Reservation. Grantor hereby reserves all rights of ownership in and to the property
<br />underlying the Easements (the "Easement Parcels") which are not inconsistent with this
<br />Declaration, including, without limitation: (a) the right to grant further non-exclusive easements
<br />on, over, under and/or across the Easement Parcels (i.e., utility and/or access easements); (b) the
<br />right to use the Easement Parcels for all uses not interfering or inconsistent with the uses
<br />permitted herein, including, but not limited to: vehicular access and ingress and egress to, over,
<br />and from the Easements Parcels and the Property; service access to, over and from the Easement
<br />Parcels and the Property; installation, maintenance and use of utility facilities and access
<br />therefore and maintenance thereof; the right to conduct any activity upon the Easement Parcels
<br />which promotes the security of the Easements, Easement Parcels or the Property or any persons
<br />or property located thereon as long as public access to the beach through the Easements is
<br />continuously maintained, and the right to construct and maintain any signs within the Easement
<br />Parcels as may be permitted by applicable law; and (c) the exclusive right, subject to the City's
<br />Right To Restore, to design, build, furnish and maintain any and all improvements including, but
<br />not limited to, landscaping and lighting) located within the Easement Parcels. Prior to its
<br />exercise of those rights set forth in (a), (b), or (c) of this paragraph five (5), other than the
<br />granting of such easement to governmental or quasi-governmental authorities or departments, or
<br />to Grantor's future successors or assigns, Grantor shall obtain the approval of the City Manager,
<br />who shall determine, in hislher reasonable opinion, whether the proposed grant, use, or other
<br />activity is inconsistent with the grant of easements set forth herein and in Resolution No. 04-Z-
<br />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 />Easements, including but not limited to the failure of the Grantor to maintain the Easements.
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<br />7. Valet ParkinS!. 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 RunninS! 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,
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