Resolution Zoning 00-Z- 48 - Laserfiche WebLink

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2~~ 19542 PG, 2384 Declaration of Restrictions Page 2 executed by the property owners and any and all parties having an interest in the land, such as mortgagees, etc. (4) That the applicant submit a recordable agreement to the Building Department which proffers the beach access and landscaping easements over, across, under and through such easement parcels to the City and that the beach access point and landscape easements be enhanced to be extremely attractive in keeping with the nature ofthe proposed development and the upkeep ofthe access point, walkway and landscape easements be the ongoing responsibility ofthe hotel operator. (5) That the applicant proffer a covenant to provide a pro-rata share of under grounding utilities along the frontage ofthe property on the public right of way, pro-rata share for Collins Avenue beautification and for dedication of easement for beach access. (6) The developer mush agree to finance his pro-rata share of long-term beach re- nourishment costs which may be required as a consequence fo the impacts that this development will have upon the erosion of the adjacent public beach. (7) Impact Fees. The Owners shall pay all applicable impact fees at the time of application for building permit or application for certificate of use and occupancy as per the City's Code. (8) Under~round Utilities. Owner agrees to pay a pro rata share ofthe cost to the City of under grounding utility lines in the public right-of-way on Collins Avenue based on linear feet of frontage of the Owner's property in an amount not to exceed $375 per linear foot of Owner's frontage. This sum shall be payable prior to issuance of certificates of occupancy by the City. These funds shall be earmarked and segregated by the City to be applied solely for the purpose of converting utility lines on Collins Avenue to underground facilities. The City shall determine, in its sole discretion, the schedule for commencement of this undergrounding activity, not to exceed five (5) years from the date hereof. In the event the City does not proceed with this project within said time frame, the City shall return the sum volunteered hereunder to the Owner. The Owner reserves the right during construction to work directly with FPL and other utility companies to underground the utilities. (9) City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City of Sunny Isles Building and Zoning, 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.