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I. Declaration ofRestriction.'l ~ Grant ofEascmcn.ts Page 3 . 1 I .i parking garage proposed to be developed on the Property. .said parking spaces to be available to the general public at the same price charged by the City at Piot' Park. 6. . Effective Date. This DeClaration shall not become effective until the City issues a 1inal certificate ofusc and occupancy for the development approved under City of Sunny Isles Beach Resolution 02-z..66 as mOOified by any subsequent. substantial compliance approval,. or as such other plans are approved at public hearing consistent with this Declaration. 7. Reservation. Grantor helreby reserves all rights of ownership in and to the Easements which are not inconsistent with ~s Declaration, iricluding. without limitation: (a) the right to grant further non-exclusive easements on, over, under and/or across the Basements (i.e., utility and/oracccss easements); (b) the right to use the Easements for all usos not interfering or inconsistent with the uses pennitted herein, including, but not liinited to: vehicular access and ingress and'egress to, OVI:I', and from the Easements and the Property; service access to, OVer and from tho Easements and the Property; installation, maintenance and use of utility facilities and access therefore and maintenance thereof; the right to conduct any activity upon tho Easements which promotes the security of the Easements or the Property or any persons or property located thoreon 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 EasCDlents as may be permi~ by applicable law; and (c) the exclusive right to design, build, furnish and maintain, mccept for the City's Right to Resh?re, any and all improvements (including, but not limited to, l.andBcaping and li.ghting) located within the Easements, provided, however, that prior to Us exercise of those rights set forth in (a), (b) or (c) of this paragraph (5), Grantor shalJ oot$ the approval of the City Manager; who shall determine, in its sole opinion. whethcr the proposed grant, use. ot other activity is inconsistent with the grant of easements set forth hercin and in the Resolution. 8. lndenml11cation. For separate consideration, the receipt and sufficiency of which is hereby acknowledged, Owner, and ita successora and assigns hereby agree to indemnify and . save the City hannIess .from any and all claims, liability, l088eB and Causes of action which may arise as a result of this Declaration of Restrictions and Grant of Basements, unless such claim, liabili1)7. loss or cause of action is the result of the City' 8 negligence. 9. City Illspedion. 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 a1 any time during nonnal working hours of ~ering and inspecting the use of the premises to determine whether or not the requirements of the building.and zoning regu.latio,l,lB aJid the conditions herein agreed to are boing complied with.. 10. Insurance Owner,.including its successor and lUlsignEi, shall maintain, during the term ofthix Declaration, the insurance specified below. A Certificate of Insurance shall be filed with tho City of Sunny Isles B~'s City Manager prior to the commencement of thi.a Dcclaration. No modification, change or cancellation of insurance shall be made without thirty (30) days' written advance notice to the City Manag~, with .a copy to the City Attorney. \7326$\16723\1657903 'l' 17 $/13A>4 3:2-4 PM Book22317/Page2876 Page 3 of 16 Attachment B Page t 7 of 30 Pages SSLL No. 130174356