Reso 2017-2692 - Laserfiche WebLink

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2. Easement Parcel. The legal description of the Easement Parcel is attached to and made apart of this Permanent Beach Renourishment Easement Agreement ("Agreement") as Exhibit "A", to correctly note the section of Grantors' property that is encumbered by this Agreement. From and after the date of this Agreement, only the Easement Parcel shall be subject to, and burdened and encumbered by, the terms and provisions of this Agreement. 3. Grant of Easement. Grantors hereby grant to Grantee a non-exclusive permanent easement ("Easement") in favor of the Grantee over, across, under and through the Easement Parcel, as more thoroughly described in Exhibit "A", solely for ingress and egress to gain access to the beach for future Beach Renourishment Projects sponsored by the Grantee, Miami-Dade County, and federal agencies. The Easement shall not be used by the public for any other purposes except for purposes described herein. 4. Waiver of Public Beach Access. As additional consideration for the grant of this Easement, Grantee agrees to waive the public beach access requirement set forth in Section 265- 35 of the City Code for public safety reasons. This waiver is supported by written finding of the Planning and Zoning Director of the City of Sunny Isles Beach as required under Section 265-35 of the City Code. 5. Restoration of Property. Grantee and its agents shall be responsible for restoring the Easement Parcel in the same condition that it was before prior to the use by the Grantee. 6. Compliance with Laws. The beneficiaries of the Easement shall at all times observe in the use of the Easement Parcel all applicable municipal, county, state and federal laws, ordinances, codes, statutes, rules and regulations. 7. Reservation. Grantors hereby reserves all rights of ownership in and to the Easement Parcel which are not inconsistent with the Easement, including limitation: (a) the right to grant further non-exclusive easements on, over/or across the Easement Parcel, and (b) the right to use the Easement Parcel for all uses not interfering or inconsistent with the uses permitted herein. 8. Indemnification. Subject to the provisions of Section 768.28, Florida Statutes, Grantee hereby agrees, and all parties by virtue of their use of the Easement shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless the Grantors (and all of its members, officers, directors, employees, successors and assigns) from and against any and all damages, claims, costs or expensed whatsoever (including all reasonable attorneys' fees and costs whether suit be brought or any appeals be taken there from) arising from, growing out of or connecting in any way with any improper use of the Easement. 9. Enforcement. The provisions of this Agreement may be enforced by all appropriate actions at law and in equity by the Grantors and/or the respective fee owners, with the prevailing party in any such actions will reimbursement of reasonable attorneys' fees and costs incurred at all appellate levels. Page 2 of 6