Resolution Zoning 05-Z-94 - Laserfiche WebLink

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"Temporary Easement") on the south end of the Receiving Site to provide public access to the beach. The Temporary Easement shall contain an asphalt surface and a shower with a footwash at the eastern end. Applicant shall construct a six (6) foot high wood fence along the northern edge of the Temporary Easement to run the full length of the Receiving Site, from east to west. Applicant shall provide a sketch overlaying the survey of the Property illustrating the location and limits of the Temporary Easement. Design and construction of the Temporary Easement, including the fence, shall be completed no later than fifteen (15) days from the date the permit is issued, All aspects of the design, location and construction of the Easement shall be subject to the approval of the City Manager or its designee. The Temporary Easement shall be fully accessible to the public and shall be clearly designated as such by means of signage approved in writing by the City Manager or its designee, The Temporary Easement and the fence shall be maintained at the expense of the Applicant in a safe, clean and attractive manner reasonably acceptable to the City Manager or its designee. Applicant, its successors and assigns, shall indemnify, defend and hold harmless the City, including its elected and appointed officials, employees, agents and consultants from any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorneys' fees and costs whether suit be brought or any appeals taken therefrom) arising from, growing out of or connecting in any way to or occurring within the Temporary Easement. Applicant, including its successors and assigns, shall maintain insurance on the Temporary Easement in the amount(s) and type(s) of coverage required by the City Manager, as such requirements may be amended from time to time, during the entire term of the Temporary Easement. The Temporary Easement shall terminate thirty (30) days' from date of receipt of written notice from Grantor addressed to City Manager or its designee, stating that construction of Phase III of Trump Towers I, II, and III has reached the stage where further use of the Easement may adversely impact the safety and welfare of the public. The termination shall be subject to the approval of the City Manager or its designee. NO BUILDING PERMIT SHALL BE ISSUED (EXCEPT FOR DEMOLITION AND SALES CENTER) UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL IMPACT FEES, BONUSES AND TRANSFER OF DEVELOPMENT RIGHTS TO THE CITY (IF APPLICABLE), OR OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III HEREINABOVE HAVE BEEN TRANSFERRED ;_PROFESSIONAL FEES PURSUANT TO SECTION 267 OF CODE OF THE CITY OF SUNNY ISLES BEACH AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULATIONS. FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITIDN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. ROS-Z-94 Trump Tower 9