Resolution Zoning 03-Z-78 - Laserfiche WebLink

Home Browse Search

with the City of Sunny Isles Beach's City Manager prior to the commencement of this Declaration. No modification, change or cancellation of insurance shall be made without thirty (30) days' written advance notice to the City Manager, with a copy to the City Attorney. Public Liability Insurance on a comprehensive basis in an amount not less than One Million Dollars combined single limit and an aggregate of not less than Three Million Dollars for bodily injury and property damage. The policy shall list the City as an additional insured. The policy shall include Products Liability coverage if and when applicable. No modification, change or cancellation of insurance shall be made without thirty (30) days written advance notice to the City Manager with a copy to the City Attorney. The Public Liability Insurance coverage shall include those classifications as listed in Standard Liability Insurance Manuals, which are applicable to the operations of Owner, its successor and assigns in the performance of this Declaration. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida. Such companies shall have a general policy holder's rating of "A" or better and a financial rating of not less than "Class V" as reported by Best's Key Rating Guide, published by AM. Best Company, latest edition. This insurance shall be in effect as long as the easement exists. Failure to continue to provide the insurance coverage shall constitute a violation of this Declaration. Compliance with the foregoing requirements shall not relieve Owners, its successors or assigns of its liability and obligations under this section or any portion of this Declaration. The City reserves the right to reasonably amend the lllsurance requirements by issuance of a notice in writing to Owner, its successors or assigns. 4. Effective Date. These grants of easement shall not become effective until the City issues a final certificate of use and occupancy for the development approved under the Resolution, as modified by any subsequent substantial compliance approval, or as such other plans are approved at public hearing consistent with this Declaration. 5. Reservation. Grantor hereby reserves all rights of ownership in and to the Easements which are not inconsistent with this Declaration, including, without limitation: (a) the right to grant further non-exclusive easements on, over, under and/or across the Easements (i.e., utility and/or access easements); (b) the right to use the Easements for all uses not interfering or inconsistent with the uses permitted herein, including, but not limited to: vehicular access and ingress and egress to, over, and from the Easements and the Property; service access to, over and from the Easements and the Property; installation, maintenance and use of utility facilities and access therefore and maintenance thereof; the right to conduct any activity upon the Easements which promotes the security of the Easements or the Property or any persons or property located thereon as long as public access to the beach through the Easements is continuously maintained and the right to construct and maintain any signs within the Easements as may be permitted by applicable law; and (c) the exclusive right, subject to the City's Right to Restore, to design, build, furnish and maintain any and all improvements (including, but not limited to, landscaping and lighting) located within the Easements. Prior to its exercise of those rights set forth in (a), (b) or (c) of this paragraph 5, other than the granting of such easement to governmental or quasi-governmental authorities or departments, or to Grantor's future successors or assigns, Grantor shall obtain the approval MIA DOCS 649864 8 11/15/04 3