Resolution Zoning 98-Z- 28 - Laserfiche WebLink

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Building Official. The Owner shall not be required to pay for the use of electricity or water by the public after the completion of initial construction but will construct the necessary infrastructure to include water lines, plumbing and electrical service as will be necessary to make the easement fully operational. 12. Beach Renourishment. Owner agrees to finance his pro-rata share of long term beach renourishment costs as determined by the City which may be required as a consequence of the impacts that this development will have upon the erosion ofthe adjacent public beach. 13. Beach Buffers. The Owner agrees that no walls or fences shall be constructed within 15 feet of the public beach along the rear property line unless the wall or fence is buffered from the beach by a transition boardwalk at least 15 feet in width running from side property line to side property line along the rear property line. The buffer may be constructed within the public right of way at the Owner's cost provided he obtains permission from all necessary public authorities. Alternately, if permission cannot be obtained at the time of construction, the Owner may opt to escrow an appropriate sum equal to the cost of the buffer so that the city can construct the boardwalk buffer at a later date when permission can be obtained. Should permission not be obtainable within a twenty year period of the commencement of construction, the funds would be returned to the Owner along with any accrued interest that the escrowed funds may have earned during that period. This provision is deemed necessary to insure that the bulk and scale of this proposed project does not intrude upon the usability of the beach, to improve north-south accessibility for handicapped individuals using the access easement to the beach and, to insure that there is an appropriate transition between the beach and the built environment. 14. Coastal Zone. This project site is located within the Coastal High Hazard Area in a Class I evacuation zone. The Owner agrees to mitigate adverse impacts which his project may have upon the feasibility of the City's Coastal Hazard Mitigation Strategy. All overhead utilities adjacent to the public right of way should be placed underground in order to insure the public safety during an evacuation procedure and to insure the ability of the City to restore public utility service subsequent to a storm event. 15. Covenant Running with the Land. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owner(s) of the real property and for the public welfare. This Declaration, on the part of the Owner, shall constitute a covenant running with the land and may be recorded in the public records of Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned, and their heirs, successors and assigns until such time as the same is modified or released, pursuant to the terms hereof. 16, Imn.. This Declaration shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date this Declaration is recorded, afte '", which time it shall be extended automatically for successive period of ten (10) years each, . c~~" an instrument signed by the then Owner(s) of more than fifty (50%) percent of the subj "'b property, or more than fifty (50%) percent of the unit owners or the Condominium Ass ~