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• • • Declaration of Restrictions . and Grant of Basements Page 3 pang 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 Pier Park. 6. E#eetive Data This Declaration shall not become effective until the City issues a final certificate of use and occupancy for the development approved tinder City of Sunny Isles Beach Resolution 02-Z-66 as modified by any subsequent substantial compliance approval,or as such other plans are approved at public hearing consistent with this Declaration. 7. Reservation. Grantor hereby reserves all rights of ownership in and to the Basements 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 Basements(i.e., utility and/or access easements);(b)the right to use the Basements for all uses not interfering or inconsistent with the uses permitted herein,inobuding,but not limited to:vehicular access and ingress and egress to,over,and from the Basements and the Property;service access to,over and • from the Basements 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 Basements or the Property or any persons or property located thereon as long as public access to the beach through the Basements is continuously maintained and the right to construct and maintain any signs within the Easements as may be permitted by applicable law;and(c)the exclusive right to design,build,furnish and maintain,except for the City's Right to Restore,any and all improvements(including,but not limited to,landscaping and lighting)located within the Basements,provided,however,that prior to its exercise of those rights set forth in(a),(b)or(c)of this paragraph(5),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 the Resolution. S. Indemnification. For separate consideration,the receipt and sufficiency of which is hereby acknowledged,Owner,and its successors and assigns hereby agree to indemnify and save the City harmless from any and all claims,liability,losses and causes of action which may arise as a result of this Declaration of Restrictions and Grant of Basements,unless such claim, liability,loss or cause of action is the result of the City's negligence. 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 inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. 10. Insurance Owner,.including its successor and assigns,shall maintain,during the term of this Declaration,the insurance specified below.A Certificate of Insurance shall be filed with the City of Sunny Isles Beach's City Manager prior to the commencement of this Declaration.No modification,change or cancellation of insurance shall be made without thirty (30)days'written advance notice to the City Manager,with'a copy to the City Attorney. 7320.1674\#637903 v 17 5/1304374?Id • Book22317/Page2876 Page 3 of 16 Attachment B Page 20 of 33 Pages SSLL No. 130174356