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Declaration of Restrictions
<br />and Grant of Easements
<br />Page 3
<br />pad* garage proposed to be developed on the Property, said parking spaces to be available to
<br />the genetak public at the same price charged by the City at Pier Park.
<br />6. . Effective Dpte. This Declaration shall not become effective until the City issues
<br />a final certificate of use and occupancy for the development approved'under City of Sunny Isles
<br />Beach Resolution 02-Z-66 as modified by any subaaquent substantial compliance approval, or as
<br />such other plans am approved at public hearing consistent with this Docleration.
<br />7. jiiMryation. Grantor hereby reserves all rights of ownership in and to the
<br />Basements which are not inconsistent with this Declaration, iaclu rm& without limitation: (a) the
<br />A& to grant Anthm non-exclusive easements on, over, under and/or acaoas the Basements CLL,
<br />utility and/or -access easements); (b) the right to use the Easements for all uses not interfering or
<br />inconsistent with the uses pennitted herein. including, but not limited to: vehicular access and
<br />ittgmas and -egress to, over, and from the Basements and the Pm)3 W, service access to, over and
<br />ftow the Easements and the Property, installatior3, maintenance and use of utility facilities and
<br />aftosa therefore and maintenance thereof; the right to conduct any activity upon de Baseom=%
<br />which promotes the security of the Easements or the Property or any persons or property located
<br />thereon as long as public access to the beach through the Easements is continuously maintaimd.
<br />and the right to construct and maintain any signs within the Easements as may be permitted by
<br />applicable law; and (c) the amhisive agltt to dedM build, famish and maintain, e=ept fbr the
<br />City's Z& to Restore, any and all improvements (including, but not limited to, landscaping and
<br />lighting) located within the Easements, provided, however, that prior to its exercise of those
<br />rights set ft* in (a), (b) or (c) of this paragraph (5), Grantor shall obtain the approval of the
<br />City Manager, who shall deter ine, in its sole opinion, whether the proposed grant, use, or other
<br />activity is inconsistent with the grant of easements set forth herein and in the Resolution.
<br />9. fin, demniR en. For separate consideration, the receipt and sufficiency of which
<br />is hereby acknowledged, Owner, and its suocessors and assigns hereby agree to indemnify and
<br />save the City henmlesa iiom any and all claims, liability, losses and causes of action which may
<br />arise as a result of this Declaration of Restrictions and Grant of Easements, unless such claim,
<br />IfabOy, ldas or cause of action is the result of the City's negligence.
<br />9. City Insneetion. As 1luther part of this Declarative, it is hereby understood and
<br />agreed that any official inspector of the City of Sunny Isles Building and Zoning Department, ar
<br />its agmts duly authorized, may have the privilege at any two during normal working bouts of
<br />eateft and inspecting the use of the premises to determine whether or not the requirements of
<br />the building and zoning regulations and the conditions herein agreed to are being complied with.
<br />14. lansnranre Owner,.ineluding its successor and assigns, shall maintain, during the
<br />term of fids Declaration, the insurance specified below. A Certificate of immurronee "I be Sled
<br />with the City of Sutmy Isles Beach's City Manager prior to the commencement of this
<br />Declaration. No modification, change or cancellation of insurance shall be made without thirty
<br />3 0) days' wdtiea advance•nofice to the City Manager, With'a, copy to the City Attorney.
<br />173763067331 M 657904 v 17
<br />3!1W 3a4 FM
<br />Book22317/Page2876 Page 3 of 16
<br />Attachment B
<br />Page 20 of 33 Pages
<br />Sovereignty Submerged Lands Lease No. 130174356
<br />499
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