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<br />01/11/01 14:44 FAX
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<br />Ill] 004/007
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<br />said Easement Property pursuant to a pexmit issued by the City of Sunny Isles Beach
<br />or its predecessor-in-inte:rest, Miami-Dade County, and inspections made and
<br />approval of occupancy given by the City, the same shall create a conclusive
<br />presumption that the improvements thus constrocted complywith the intent and spirit
<br />of the master plan and this agreement shall not be construed as clouding the title to
<br />any of said property on which such development has occuned.
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<br />S. Maintenance. Grantee shall at all times mainbun the Easement Property (including
<br />any and all improvements which may be constructed thereon from time to time) in
<br />good condition and in safe, clean and reasonably attractive manner.
<br />6. Covenant Rllnn1n~ 'With the Land. This agreement shall constitute a covenant
<br />nmning with the land and will be recorded in the Public Records of Miami-Dade
<br />County, Florida, and shall rem~ in full force and effect and be binding upon the
<br />heirs, SUCCesSOIS, and assigns of the respective parties hereto. This agreep1ent may
<br />not be amended, modified or terminated except by written agreement of the parties
<br />hereto following a public hearing. Further, no modification or amendment shall be
<br />effective unless in writing and recorded in the Public Records of Miami-Dade
<br />County, Florida, provided, however, to the extent that any portion of the property is
<br />submitted to the condominium form of ownership (each portion referred to as a
<br />.'Condominium Parcel"), then, as to that portion or portions, the instnlment of
<br />amendment or modification shall be executed by the applicable condominium
<br />association(s) in lieu of the fee owners of the Condominium Parcel(s) of the
<br />respective properties and their mortgagees. This agreement will remain in effect until
<br />such time as the same is released by the City Commission of the City of Sunny Isles
<br />Beach after a public hearing.
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<br />7.
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<br />Indemnification. Subject to the provisions of Section 768.28, Florida Statutes,
<br />Grantee, its successors and assigns and all parties by virtue of their use of the
<br />Easement, shall be deemed to have agreed, to jointly and severally indemnify and
<br />save harmless Grantor, its successors and assigns, from any and all liabilityJ
<br />including reasonable attorneys' fees and court costs arising out ot or in connection
<br />with the improper use of the Easement herein granted or the breach of any of
<br />grantee's obligations hereunder. The Grantor hereby agrees, and all parties by virtue
<br />of their rise of the Easement Property shall be deemed to have agreed, to jointly and
<br />severally indemnify, defend and hold harmless the Grantee, its agents, officers,
<br />directors, employees, successors and assigns from and against any and all liabilities,
<br />damages, claims, costs or expenses whatsoever, including reasonable attorneys' fees
<br />and court costs whether suit be brought or any appeals be taken therefrom, arising
<br />from, growing out of, or connecting in any way with failure of to
<br />maintain the Easement Property. ~~;;';"'~1.:~~,
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<br />G~\DMS\73267\1 0245\031 STI2,03
<br />IlN2000
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<br />3
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