Resolution Zoning 01-Z- 58 - Laserfiche WebLink

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forth, Easements (as hereinafter defined) over, across, under and through the Easement Parcels for the purposes hereinafter set forth. NOW THEREFORE, Grantor, in consideration of Ten ($10.00) Dollars, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. 2. Grant of Easements. a. Grantor hereby grants to Grantee a non-exclusive easement (the "Beach Access Easement") in favor of Grantee over, across, under and through the Beach Access Easement Parcel solely for: (i). pedestrian ingress and egress from Collins Avenue to the beach lying easterly of the Easement Parcels, and (ii). the personnel of the police and fire departments and other governmental authorities having jurisdiction over the Easement Parcels while engaged in the performance of their official duties. b. Grantor hereby grants to Grantee a non-exclusive easement (the "Landscape Easement") in favor of Grantee over, across, under and through the Landscape Easement Parcel solely for landscaping along the front 10 foot setback from Collins Avenue. c. The Beach Access Easement and Landscape Easement are sometimes collectively referred to herein as the "Easements." 3. Desiqn. Construction and Maintenance of Easement Parcels and Improvements. Grantor and its successors and assigns 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 Parcels. The design of and any and all materials to be used for any and all improvements within the Easement Parcels shall be presented to the Grantee for its approval prior to construction of such improvements, which approval shall not be unreasonably withheld or delayed. Grantor shall at all times maintain the Easement Parcels (including any and all improvements which may be constructed thereon from time to time) in good condition and in a safe, clean and reasonably attractive manner. In the event that Grantor fails to maintain the Easement Parcels in the condition described in this Section 3, then the 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 Parcels to the required condition, or in the event the restoration cannot be completed within such thirty (30) day period, -2-