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<br />01/11/01 14:44 FAX <br /> <br />~ UU;J/UU7 <br /> <br />as an obligation of Grantor to operate the City's park Grantor further grants to <br />Grantee the non-exclusive right, at any time and from time-to-time to: <br /> <br />(a) Construct, maintain and replace public utilities. includin& without limitation, <br />water, sanitary seWer, storm sewer, telecommunication and electric <br />distribution mains, lines, conduits, pipes and cables, over, under and through <br />the Easement Property; and <br /> <br />(b) Grant easements for any other public utilities covering all portions of the <br />Easement Property for such uses as will not unreasonably interfere with the <br />Easement <br /> <br />Grantee shall pay~e costs, and shall as necessary, repair or replace any of the installations referred <br />to in Sections (a) and (b) above. <br /> <br />3. Public Service Access. Grantor'herebyagrees to provide for pennanent access for <br />pedestrian and vebiculartraflic within the development and, particularly, for the right <br />of access for fire, police, health. and sanitation and other public service personnel <br />vehicles. The streets or access ways shall be installed andmm:bl;ned by Grantor and <br />shall include, but not be limited to, sidevvalks, chainage facilities, water, sewers and <br />:fire hydrants, and will meet with the approval of the Directors of Public Works and <br />the Building. Planning and Zoning Departments oftb.e City of Sunny Isles Beach. <br />Where construction of improvements for access has occurred pursuant to a permit <br />issued by Grantee, or its predecessor-in-interest, Miami-Dade County, Florida, and <br />inspections have been made and approval of Grantee was given with respect to such <br />permits, there shall be a conclusive presumption that the installation and consfruction <br />of such improvements meets with the approval of the Directors of Public Works and <br />Building, Planning and Zoning Departments of the City of Sunny Isles Beach. <br /> <br />4. Design.. Construction and Improvements of Basement Property. Grantor and its <br />successors and assigns hereby agree that said Easement Property shall be developed <br />substantially in accordance with the spirit and intent of the plans previously <br />submitted, prepared by Brito, Cohan & Associates consisting of 11 pages, dated the <br />23rd day of September, 1999, as modified by the Landscape plans prepared by <br />Bradshaw Gill & Associates consisting of14 pages dated J anuary 28~ 1999 as revised <br />June 26, 2000, and shall have the exclusive right to design. build and furnish any and <br />all improvements (including but not limited to, landscapin& itrigation and lighting) <br />located wi~ the Easement Property. The design of any and all materials to be used <br />for any and all improvements within the Easement Property shall be presented to the <br />Grantee for its approval prior to construction of such improvements, which approval <br />shall not be unreasonably withheld or delayed. Where Construction on <br />~ ..~o cO~'''I'J- <br />G:\DMS\73Ui7\1024S\031S772,03 ~ ClUI[ ('! <br />111812000 2 j d 'i <br /> <br />~ _4!l~~ <br />~~ $00 -'loft IIlIn' .;p, <br />. ~-'" ~o:. <br />i~.:\"4. <br /> <br />