Resolution Zoning 00-Z- 48 - Laserfiche WebLink

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II-J 2tt 19542 PG. 2390 ., and diligently pursue same within such thirty-day (30) period, then Grantee may restore the easement property to its required condition and thereafter Grantor shall reimburse the Grantee for the costs of such restoration within thirty (30) days following receipt by the Grantor of an invoice documenting such restoration costs. Notwithstanding the foregoing, in the event that any repairs, replacements or maintenance is required as a result of Grantee's misuse or neglect of the easement property, said repairs, replacements and/or maintenance shall be the obligation ofthe Grantee at the Grantee's sole cost and expense. 6. Covenant Running with the Land. This agreement shall constitute a covenant running with the land and will be recorded in the Public Records of Miami-Dade County, Florida, and shall remain in full force and effect and be binding upon the heirs, successors, and assigns ofthe respective parties hereto. This agreement may not be amended, modified or terminated except by written agreement ofthe parties hereto following a public hearing. Further, no modification or amendment shall be effective unless in writing and recorded in the Public Records of Miami-Dade County, Florida, provided, however, to the extent that any portion ofthe property is submitted to the condominium form of ownership (each portion referred to as a "Condominium Parcel"), then, as to that portion or portions, the instrument of amendment or modification shall be executed by the applicable condominium association(s) in lieu of the fee owners of the Condominium Parcel(s) of the respective properties and their mortgages. This agreement will remain in effect until . such time as the same is released by the City Commission ofthe City of Sunny Isles Beach after a public hearing. 7. Indemnification. Subject to the provisions of Section 768.28, Florida Statutes, Grantee, its successors and assigns and all parties by virtue of their use of the easement, shall be deemed to have agreed, to jointly and severally indemnify and save harmless Grantor, its successors and assigns, from any and all liability, including reasonable attorneys' fees and court costs arising out of, or in connection with the improper use of the easement herein granted. The Grantor hereby agrees, and all parties by virtue oftheir use ofthe easement property shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless the Grantee, its agents, officers, directors, employees, successors and assigns from and against any and all liabilities, damages, claims, costs or expenses whatsoever, including reasonable attorneys' fees and court costs whether suit be brought or any appeals be taken therefrom, arising from, growing out of, or connecting in any way with failure of the Grantor to maintain the easement property as described herein. \74013\12656\#334213 vI 1/3 1/0 I 3