Reso 2012-2008 - Laserfiche WebLink

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1. Intent. In connection with the Resolution, which approved Application No. Z2005-11 (the"Application"),thus modifying the site plan approved by the 2004 Resolution and granting a setback variance to allow development of a 45 story 232-unit condominium project to be known as"Paramount Beach" (the"Project"), the Owner has agreed to the granting of certain easement rights, as more particularly set forth herein, and has agreed to be bound by certain covenants,restrictions and obligations with respect to the Property. 2. Grant of Easement. Owner does hereby grant and convey to the City the following non-exclusive easements (collectively, the "Easements"): (i) a fifteen foot (15') wide beach access easement located on the northern edge of the Property, exactly as described in the attached Exhibit "B" (the "North Beach Access Easement" or the "Primary Beach Access Easement"); (ii)a fifteen foot(15')wide beach access easement along the south property line, exactly as described in the attached Exhibit "C"(the "South Beach Access Easement"); the two beach access easements shall collectively be referred to as "the Beach Access Easements." The Beach Access Easements shall be for pedestrian ingress to and egress from Collins Avenue to the public beach on the northernmost and southernmost ends of the Property and shall be designed exactly as shown on the Site Plan and as represented by the Applicant and recommended by staff to the Sunny Isles Beach City Commission at the public hearing held on April 11,2006; (iii)The Beach Access Easements maybe used for vehicular ingress and egress for fire, police, health, sanitation and other public service personnel and vehicles employed and utilized by the City over the driveways and pathways as they may exist from time to time; (iv) a ten-foot (10') landscaping streetscape easement pursuant to the City Streetscape Master Plan, exactly as described on the attached Exhibit"D" (the "Streetscape Easement"), and (v)the 10,000 square foot public oceanfront park easement exactly as described on the attached Exhibit "E" (the "Oceanfront Park") The Beach Access Easements and Oceanfront Park shall be fully accessible to the public on a twenty-four (24) hour basis, and shall be clearly designated by means of signage approved in writing by the City Manager or its designee, as amenities open to all members of the public. 3. Design, Construction,Maintenance,Insurance and Restoration of Easements and Improvements. (A) Design and Construction. Owner and its successors and assigns or any condominium or master owners' association managing the common areas of the Property, shall have the exclusive right to design, build, furnish and maintain any and all improvements not shown on the site plans approved by the Resolution (including but not limited to landscaping, irrigation and lighting) located within the Easements, subject to the approval of the City Manager, in his sole and reasonable discretion. The design of any and all materials to be used and of any and all improvements within the Easements shall be presented to the City for its approval prior to construction of such improvement,which approval shall not be unreasonably withheld or delayed. The Beach Access Easements shall be paved, and shall contain lighting. The Beach Access Easements and the Oceanfront Park shall be fully landscaped and equipped with public amenities including,but not limited to, the inclusion of one foot shower, one regular shower, one bench and one water fountain on the North Beach Access Easement and one bench on the South Beach Access Easement (the "Public Amenities"), the location, design and construction of which shall be 2 Paramount Declaration of Restrictions&Grant of Easement Book25500/Page2305 CFN#20070334642 Page 2 of 24