Reso 2015-2446 - Laserfiche WebLink

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governmental authorities as the result of any change of the use by Seller of the Property prior to closing,then Seller shall satisfy such obligation at Closing. 9. Conditions Precedent for Closing. Purchaser shall submit a site plan application for Final Site Plan Approval by the City Commission within sixty (60) days of approval of this Agreement by the City Commission of the City of Sunny Isles Beach or within sixty(60) days of the Effective Date as defined herein, whichever occurs later. For the purpose of this Agreement, Final Site Plan Approval means the final non-appealable approval of the Project by the City Commission of the City of Sunny Isles Beach.Notice of final City Commission acceptance shall be provided to Purchaser after the City Commission meeting at which this matter is presented for approval. If the City Commission does not approve the site plan application, the Deposit shall be refunded to the Purchaser and the Agreement shall cease and terminate, and be of no further effect. 10. Police Powers. Nothing in this Agreement is intended to limit or restrict the powers and responsibilities of the City in acting on applications for comprehensive plan changes, or applications for any other development approvals by virtue of the fact that the City may have been required to consent to such applications as a property owner or otherwise. The parties further recognize and agree that these proceedings shall be conducted openly, fully, freely and fairly in full accordance with law and with both procedural and substantive due process to be accorded the Purchaser and any member of the public.Nothing contained in this Agreement shall entitle the Purchaser to compel the City to take any such actions, save and except the consents to the filing of such applications for land use approvals, rezoning, Comprehensive Plan Amendments or other required approvals, as more fully set forth herein, and to timely process such applications. 11. Boat Taxi and Baywalk Easement. The Seller shall reserve the right to use the western boat slip on the Property for public purposes, in connection with the operation of a boat taxi. If Seller or its agents fail to initiate and commence operation of a boat taxi within five (5) years from the date of Closing, the reservation of right shall be null and void. The Purchaser shall provide the Seller with a seven (7) foot pedestrian baywalk easement similar to the easements provided by property owners with properties located on the south side of Sunny Isles Boulevard. The Seller and the Purchaser shall enter into a Permanent Easement Agreement for pedestrian access to facilitate the operation of such boat taxi on the western portion of the property and the seven (7) foot pedestrian baywalk easement. The provision of this Paragraph shall survive Closing. 12. Closing Costs. The parties shall bear the following costs: (a) Purchaser shall be responsible for (i) the recording cost of the Deed, (ii)the cost of the Survey (if obtained by Purchaser), (iii) the cost of the Commitment and the premium for the Title Policy obtained by Purchaser(except that Seller shall reimburse Purchaser at Closing for the title underwriter's actual cost of the title search fee for the issuance of the Commitment, up to a maximum of FIVE HUNDRED DOLLARS ($500.00), and (iv) documentary stamps, taxes, surtaxes and other transfer charges in connection with the recordation of the Deed; 8 1 pm