Resolution Zoning 00-Z- 48 - Laserfiche WebLink

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." ~tt 19542 PG. 2389 . mains, lines, conduits, pipes and cables, over and under the property in the said easement area; (b) Grant easements for any other public utilities covering all portions of said easement for such uses as will not unreasonably interfere with the easement herein granted. (c) Grant a pedestrian easement of twenty (20) feet along the north side of the Property for the purpose of providing beach access and egress from Collins Avenue to the public beach area fronting the Atlantic Ocean. Said easement shall be landscaped by the Grantor in accordance with the approved landscaped plan and shall be maintained by the Grantor. Grantee shall pay the costs to repair or replace any of Grantee's installations referred to in Section (a) above. 4. Design. Construction and Improvements of Easement Property. Grantor and its successors and assigns hereby agree that said Property shall be developed substantially in accordance with the spirit and intent ofthe plans entitled "Mandalay" prepared by Kobi Karp Architects Interior Designers, consisting of 13 sheets dated stamped received 5/30/00 and as further modified at this public hearing and landscape plans entitled "Mandalay", prepared by Witkin Design Group dated 5/13/00 and shall have the exclusive right to design, build, furnish and maintain any and all improvements (including but not limited to, landscaping, irrigation and lighting) located within the easement. The design of any and all materials to be used for any and all improvements within the easement shall be presented to the Grantee for its approval prior to construction of such improvements, which approval shall not be unreasonably withheld or delayed. Where construction has occurred on said property pursuant to a permit issued by the City of Sunny Isles Beach and inspections made and approval of occupancy given by the City, the.same shall create a conclusive presumption that the buildings thus constructed comply with the intent and spirit of the master plan and this agreement shall not be construed as clouding the title to any of said property on which such development has occurred. 5. Maintenance. Grantor shall at all times maintain easement Property (including any and all improvements which may be constructed thereon from time to time) in good condition and in safe, clean and reasonably attractive manner. In the event that Grantor fails to maintain the easement property in the condition described herein, then Grantee may give notice of default to the Grantor, and the Grantor shall have thirty (30) days following the date of receipt of such notice to restore the easement property to the required condition, or in the event the restoration cannot be completed within such thirty-day (30) period, to commence restoration and diligently pursue same to completion. In the event Grantor fails to restore or commence restoration \74013\12656\#334213 vI 113 110 1 2