Resolution Zoning 04-Z-84 - Laserfiche WebLink

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determine, in hislher reasonable opinion, whether the proposed grant, use, or other activity is inconsistent with the grant of easement set forth herein and in Resolution No. 04-Z-84. 6. Indemnification. The Grantor, its successors and assigns, hereby agree, for separate good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, to jointly and severally indemnify, defend and hold harmless the Grantee, (and all of its members, officers, directors, employees, successors and assigns, and consultants) against any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorney's fees and cost whether suit be brought or any appeals be taken therefrom) arising from, growing out of or connecting in any way to the Declaration or any activity carried on in the Easement, including but not limited to the failure of the Grantor to maintain the Easement. 7. Valet Parkine:. Owner shall provide 24 hour valet parking services for owners of the Property's condominium units and their guests. 8. City Insoection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City of Sunny Isles Beach Building and Zoning Department, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the Premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. 9. Covenant Runnine: with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded in the public records of Miami- Dade County, Florida and shall remain in full force and effect and be binding upon the Owner, and its heirs, successors and assigns (including, without limitation, any ensuing condominium association or property owner association or operator of the Property) until such time as the same is modified or released. These restrictions, during their lifetime, shall be for the benefit of, and limitation upon, all present and future owners of the Property. However, nothing contained in this Declaration shall create a public dedication of all or any portion of the Property. 10. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded after which time it shall be extended automatically for successive periods of ten (10) years each unless an instrument signed by a majority of the, then, owners of the Property has been recorded agreeing to change the Declaration in whole, or in part, provided that the Declaration has first been modified or released by the City. 11. Modification. Amendment. Release. The Easement granted in this Declaration shall be perpetual in duration, and shall not be changed, altered or amended except by instrument in writing executed by the Owner or a majority of the then owners and the City and their respective successors and assigns, provided that the same is also approved by the City Commission after public hearing. Any ensuing operator or condominium or property owners' association with valid authority to act on behalf of the majority of the owners of the Property may execute the amending instrument upon submission of proof of authority to act on behalf of a majority of the owners. Should this Declaration be so modified, amended or released, the City Manager or such authorized designee shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 4