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<br /> <br />.'~' l.~:.~ \:'1; ,~>~.. ~..~..'" to "......:..~ <br /> <br />..~.::. .,,:.',../. <br /> <br />.~;'. .:,~':' "'-.r: ;. .:~..". ..... ., . '..;~..--:;.<,:1;'.~, ,.";.; ...f.. -.~;{{ .,' "!.:~l.>~. '.;: ...~ ,'~ ,', ..... t~" . . ,'.~ ~ <br /> <br /> <br />~~~: 19404r~2952 <br /> <br />'~~ <br /> <br />'. <br />iP <br /> <br />a. hnpact Fees, The owners shall pay all applicable impact fees at the time of application for <br />building permit or applicanon for Certificate of Use and Occupancy as per the City's Code. <br /> <br />b. UnderJrounding Utilities. Owner agrees to pay a pro rata share of the cost to the City of <br />undergroundins utility lines in the public rights-of-way on Collins Avenue based on linear feet of <br />frontage of the Owner's property in an amount not to exCeed $375 per linear foot of Owner's <br />frontage. This sum shall be payable prior to issuance I)f certificates of occupancy by the City. ! <br />These funds. shall be eam1arked and segregated by the City to be applied solely for the purpose of <br />converting utility lines on Collins Avenue to underground facilities. The City shall determine, in <br />its sole discretion. the schedule for commencement of this undergrounding activity, not to exceed <br />five (5) years from the date.hereof. In the event the City does not proceed with this project within <br />said time frame, the City shall return the sum volunteered hereunder to the Owner. The Owner <br />reserves the right during construction to work directly with FPL and other utility companies to <br />underground the utitlities. <br /> <br /> <br />(2) Termination of Covenant. That the existing Covenant is hereby terminated and is of no <br />further force and/or effect. <br /> <br />'(3) Grant of Easement. The undersigned owner (''Grantor'') does hereby grant and convey to <br />the City of Sunny Isles ("Grantee") the following non-exclusive easement (Specifically described <br />in the attached Exhibit "D") over, across, under and through and upon the Easement Property for <br />the purpose of: <br /> <br />(3.1) Pedestrian ingress to and egress from the public beach as per approved plans. <br /> <br /> <br />(3.2) A 10' landscape easement running along the west property line. <br /> <br />(3.2) Constructing. maintaining, repairing or replacing the easement property or <br />improvements thereon for the use and enjoyment of the easement and for the benefit of the public <br />at Grantee's cost and expense. <br /> <br />.j <br /> <br />A <br /> <br />(3.3) Grantee shall be solely responsible for the restoration and maintenancl ".r the <br />easement property <br /> <br />(3.4) This grant of easement shall not become effective until such time as the City of <br />Sunny Isles Beach, Florida issues a final non appealable certificate of use and occupancy for the <br />development described in Section 1 Above. <br /> <br />'~'...1 <br />. <br /> <br />, ~ <br /> <br />~ <br />~ <br /> <br />2 <br /> <br />, <br />..; <br />.' <br />.~ <br /> <br />. ~ tl..4,l1i1. l ,d <br />