Resolution Zoning 12-Z-126 - Laserfiche WebLink

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The City reserves the right to reasonably amend the insurance requirements by issuance of a notice in writing to Owner, its successors or assigns. 4. Effective Date. This grant of easement shall not become effective until the City issues a final certificate of use and occupancy for the development approved under the Resolution, as modified by any subsequent substantial compliance approval, or as such other plans are approved at public hearing consistent with this Declaration. 5. Reservation. Grantor hereby reserves all rights of ownership in and to the Easements which are not inconsistent with this Declaration, including, without limitation: (a) the right to grant further non-exclusive easements on, over, under and/or across the Easements (i.e., utility and/or access easements); (b) the right to use the Easement for all uses not interfering or inconsistent with the uses permitted herein, including, but not limited to: vehicular and pedestrian access and ingress and egress to, over, and from the Easements and the Property; service access to, over and from the Easement and the Property; installation, maintenance and use of utility facilities and access therefore and maintenance thereof; the right to conduct any activity upon the Easements which promotes the security of the Easement or the Property or any persons or property located thereon as long as public access to the beach through the Easement is continuously maintained and the right to construct and maintain any signs within the Easement as may be permitted by applicable law; and (c) the exclusive right, subject to the City's Right to Restore, to design, build, furnish and maintain any and all improvements (including, but not limited to, landscaping and lighting) located within the Easement. Prior to its exercise of those rights set forth in (a), (b) or (c) of this paragraph 5, other than the granting of such easement to governmental or quasi-governmental authorities or departments, or to Grantor's future successors or assigns, Grantor shall obtain the approval 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. 11-Z-126. 6. Indemnification. The Grantor, its successors and assigns, hereby agree, in consideration of the approval of the Resolution and the 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, 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 Easement, including but not limited to the failure of the Grantor to maintain the Easement. 7. Valet Parking. Owner shall provide 24-hour valet parking services for owners of the Property's. 8. License Agreement. The Owner shall enter into a License Agreement with the City within fifteen (15) days of issuance of this Resolution for the use of limited area on the north side of Samson Oceanfront Park for staging purposes. The Owner shall provide the City with the appropriate compensation for the use of Samson Oceanfront Park. The City reserves the right to reject a License Agreement if fair market compensation is not provided to the City. 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 Chateau Beach Residences 3 8/27/12