Reso 2001-321 - Laserfiche WebLink

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(2) Applicant provides the City with an opportunity to review all required conveyance and dedication documentation relating to dedicated property upon the adoption of this Resolution; and (3) Applicant deposits "in escrow" with the office of the City Attorney the aforementioned executed, approved conveyance and dedication documentation and all costs required for immediate recording, relating to dedicated property upon the adoption of this Resolution; and (4) Applicant provides proof of release of any encumbrances reflected on the title commitment that would interfere with delivery of good and marketable title with respect to dedicated property upon the adoption of this Resolution; and (5) The City will hold vacation "in escrow" until the Applicant completes the construction of dedicated portion of North Bay Road as a public right-of-way, to the complete satisfaction of City officials, representatives of the City, or any other government officials all in accordance with all local, State and Federal rules and regulations; and (6) Applicant shall relocate underground, at its own expense, any and all utilities existing in the portion of North Bay Road being vacated, and/or provide for, the coordination of the abandonment/relocation, as necessary, of said utility lines to the satisfaction of the City and the various utilities involved; and (7) Applicant, in consideration of this Resolution and simultaneous agreement, hereby agrees to defend and hold harmless the City of Sunny Isles Beach from any and all liability arising out of any incident or occurrence relating to the use of the vacated portion of North Bay Road at any time after the City relinquishes jurisdiction over said portion; and (8) Applicant agrees to pay all fees associated with the effectuation of this Resolution and agreement relating to the vacation of that portion of North Bay Road described herein and the construction, dedication, and realignment of North Bay Road which include, but are not limited to, the City's legal fees, advertisement and all recording fees. (9) Applicant agrees to such other requirements deemed necessary by the City to carry out the terms of this Resolution to render the vacation and dedication self-executing in accordance with the terms contained herein. The Applicant further agrees to enter into a street vacation agreement with the City that conforms to the conditions set forth herein. Section 3. Authority of City Attorney and City Manager. The City Attorney and City Manager are hereby authorized to do all things necessary to effectuate the vacation and the dedication of the road as described herein and further authorizing the City Attorney and City Manager to negotiate a street vacation agreement with the Applicant, as necessary. Section 4. This Resolution shall not become effective until the Applicant has fulfilled the conditions set forth above to the satisfaction of City Officials and it shall not be recorded in the public records of Miami-Dade County until said conditions are satisfied. R2001-321 North Bay Rd Vacation 3