Reso 2012-2008 - Laserfiche WebLink

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subject to the approval of the City Manager or its designee. The design and construction of the Streetscape Easement shall comply with the City Streetscape Master Plan, as approved by the City. Prior to the issuance of the Certificate of Occupancy,Owner shall plant landscaping on the Streetscape Easement as required pursuant to the City's Streetscape Master Plan or as otherwise approved by the City. If the landscaping dies or fails to thrive during the first two years from completion of the initial installation of the landscaping, Owner shall replace it with landscaping of equivalent species and size. B) Maintenance. Owner and its successors and assigns or any condominium or master owners' association managing the common areas of the Property shall at all times maintain the Easements, including but not limited to the Landscaping Streetscape Easement, any and all Public Amenities, and all improvements which may be constructed on the Easements from time to time, including but not limited to the showers, foot bath and drinking water fountain, in perpetuity, in good condition and in a safe, clean and attractive manner and to a standard reasonably acceptable to the City Manager. After any landscape or other installation within the Easements or any subsequent repairs and/or maintenance thereof, the Owner shall restore the surface of the Easements, as applicable,as near to its original conditions as may be possible,all within a reasonable time after the installation,repair and or maintenance of such activity described above. In the event that the Owner fails to restore or commence restoration and diligently pursue same, after receipt of thirty (30) days' written notice from City to Owner of such failure, then the City may restore the Easements to their required condition (the "City's Right to Restore") and thereafter the Owner shall reimburse City for the reasonable costs of such restoration within thirty(30)days following receipt by the Owner of a reasonably documented invoice(the"Invoice") for same. In the event reimbursement is not received by the City within the required time, City may then place a lien against the Property for the cost as documented in the Invoice. Grantor agrees that the City's lien shall be on a parity with special assessment liens and superior to all other liens excepting those of taxing authorities C) 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 provided to the City of Sunny Isles Beach's City Manager prior to the effective date of this Declaration as provided in Paragraph Four (4) 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. Public Liability Insurance on a comprehensive basis in an amount not Iess than One Million Dollars combined single limit and an aggregate of not less than Two Million Dollars for bodily injury and property damage. The policy shall list the City as an additional insured. The policy shall include Products Liability coverage if and when applicable. 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. The Public Liability Insurance coverage shall include those classifications as listed in Standard Liability Insurance Manuals, which are applicable to the operations of Owner, its successor and assigns in the performance of 3 Paramount Declaration of Restrictions&Grant of Easement Book25500/Page2306 CFN#20070334642 Page 3 of 24