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Reso 2008-1203
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Reso 2008-1203
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Last modified
11/6/2015 1:38:45 PM
Creation date
11/17/2008 2:22:30 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2008-1203
Date (mm/dd/yyyy)
01/17/2008
Description
Submerged Land Lease Agrmt for Operation of Newport Pier
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<br />Declaration of Restrictions <br />ai1d Grant of Basements <br />Page 4 <br /> <br />Public Liability msurance OD a comprehensive basis in an amount not less than One <br />Million Dollan: combined single limit and an aggrogate of not less than Three Million Dollars for <br />bodily injw:y and property damage. The policy abal1list the City as an additional insured. The <br />policy shall include Products Liability COVeragll .if and when applicable. No mpdification, <br />change, or cancellation of insurance shall be made without thirty (30) days written adyalli;e <br />notice to the City Manager with a copy to the City Attorney. The Public Liability Insurance <br />coverage shall include those classifications as listed in Standard Liability Insurance Manuals, <br />which are applicablo to. the operations of Owner, its suocessor and assigns in tho performance of . <br />this Declaration. All insurance policieS required above shall be issued by companies auth.orized <br />to do business under the laws of the State of Florida. Such companies shall havo a gen~ policy <br />holders' rating of "A" or botter and a financial rating of not less than "Class V" as reported by <br />Best's Key Rating Guide. published by A.M Best Company, lB.test ~tion. This insurance shall <br />be in e.ffect as long as the easement exists. Failure to continue to provide the insurance coverago <br />.shall constitute a violation of the Declaration. <br /> <br />Compliance with the foregoing requirements shall not relieve Owner, its IroCCe8WI'S or <br />assigns ofits liability and obligations tmder this section or any other portion of this Declaration. <br /> <br />The City reserves the right to reasonably amend the insurance requirements by the <br />issuance of a notice in writing to Owner, its succesSOl'8 or aasigns. <br /> <br />11. Covenant Runnin!! with fbe Land. This Declaration' on the part of the Owner <br />shall constitute a covenant running with the land and 8ha1l be recordod in the public records of <br />Mlami.Dade County, Florida and alui11 remain in .full force and effect and bo binding upon the <br />Owner, and its heirs. successors and assigns (including; without limitation. anY ensuing <br />condominiwn association or operator of the Prope,rty) until such time as the samo is modified or <br />released. Tbese restrictiOtlB, during their lifetime, shall be for the benmit of, and limitation upon, <br />all prosemt.aDd future O'Wner5 of the Property. However, nothing contained in this Declaration <br />shall create a public ~edication of all or any p~)ltion of the Property. <br /> <br />12. Term. This DeclaratiOn is to nul with the land and shall be binding on all parties <br />and all persons claiming tmder it fur a period of thirty (30) years from the date this Declaration is <br />recorded. after which time,it shall be extended automatically for successive p~ods of ten (10) <br />years each, unless an instrument signed by a majority of the, then, owners of the Property has <br />been recorded agrecing to change the Declaration in whole, orin part, provided that the <br />Declaration has first been modified or released by the City. <br /> <br />13. Modification. Amendment. Release. The Easl3IlJents granted in this Declaration <br />shall be perpetual in duration; and sball not be changed, altered or amended except by instrument <br />in writirig e:x:ecutod by the Owner or a majority of the then owners and tho City or their <br />respective successors and assigns. provided that the same is also approved by the City <br />Commission after public hearing. Any ensuing oporator or condominiwn .association with valid <br /> <br />\13265\16'123\ Ii 657903 v 17 <br />~:w4J:14 PM <br /> <br />Book22317/Page2877 <br /> <br />Page 4 of 16 <br /> <br />Attachment B <br />Pa~e 18 of 30 Pa~es <br />SSLL No. 130174356 <br />
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