Resolution Zoning 03-Z-78 - Laserfiche WebLink

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of the City Manager, who shall determine, in its sole opinion, whether the proposed grant, use, or other activity is inconsistent with the grant of easements set forth herein and in Resolution No. 03-Z-78. 6. Public Facilities. Pursuant to the Resolution, the Owner is obligated to design and construct a public restroom facility, either on the Property's parking structure, adjacent to the Beach Access Easement or, at the City's option, on a City owned site (the "Public Facilities"). The Public Facilities shall include (i) one handicap accessible stall and a urinal in the men's restroom; (ii) one handicap accessible stall in the women's restroom; (iii) foot showers; and (iv) a storage area for lifeguard equipment. Subsequent to the adoption of the Resolution, the City requested and Owner agreed to construct the Public Facilities on a City owned site, in lieu of the Applicant's obligation to build the Public Facilities on the Property. In the event that the City is not ready for construction to commence at the time the Owner applies for its building permit for the Project, the Owner shall post a bond with the City for the full cost of the Public Facilities. Owner shall not be obligated to maintain and insure the Public Facilities. 7. Indemnification. The Grantor, its successors and assigns, hereby agree, in consideration of the approval of the Resolution and tbe sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, to jointly and severally indemnify, defend and hold harmless the Grantee, (and all of its members, officers, directors, employees, successors and assigns, and consultants) against any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorney's fees and cost whether suit be brought or any appeals be taken therefrom) arising from, growing out of or connecting in any way to the Declaration or any activity carried on in the Easements, including but not limited to the failure of the Grantor to maintain the Easements. 8. Valet Parkin2:. Owner shall provide 24-hour valet parking services for owners of the Property's condominium units and their guests. 9. City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City of Sunny Isles Building and Zoning Department, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. 10. Covenant Runnin2: with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded in the public records of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the Owner, and its heirs, successors and assigns (including, without limitation, any ensuing condominium association or operator of the Property) until such time as the same is modified or released. These restrictions, during their lifetime, shall be for the benefit of, and limitation. upon, all present and future owners of the Property. However, nothing contained in this Declaration shall create a public dedication of all or any portion of the Property. 11. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded, after which time it shall be extended automatically for successive periods of ten (10) years each unless an instrument signed by a majority of the, then, owners of the Property has MIADOCS 649864 8 I 2/2/04 4