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<br />UfF,R[C B!. <br /> <br />21181PG3233 <br /> <br />. . <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Recitals. The foregoing recitals are true and correct and are incorporated <br />herein by reference as if they fully set forth herein, <br /> <br />Section 2, Conditions Required For Vacation and Granting of Easement. The City <br />Commission of the City of Sunny Isles Beach hereby agrees to vacate the aforementioned alley <br />mOTe specifically described in Exhibit "A" hereto on the following terms and conditions: <br /> <br />(1) The property owners agree to provide the City and utility companies with a perpetual <br />easement to use the alley for a public purpose; and <br /> <br />(2) The abutting property owners, in consideration of this Resolution and simultaneous <br />agreement, hereby agrees to defend and hold harmless the City of Sunny Isles Beach from any <br />all liability arising out of any incident or occurrence relating to the use of the vacated and <br />granting of easement of that portion; and <br /> <br />(3) The no structure shall be constructed on the alley, except for aluminum sheds and <br />non-structural slabs shall be permitted. <br /> <br />(4) In the event any structures exist within the easement area said structure should meet <br />the requirements set under the City's Land Development Regulations, <br /> <br />Section 3, Authoritv of Citv Attornev and Citv Manager The City Attorney and City <br />Manager are hereby authorized to do all things necessary to effectuate the vacation and the <br />reversion of the alley as described herein, <br /> <br />Vacation of the Alley 217/03 <br />JLV/ed <br /> <br />2 <br />