|
this Declaration. All insurance policies required above shall be issued by companies authorized
<br /> to do business under the laws of the State of Florida. Such companies shall have a general policy
<br /> holders' rating of"A" or better and a financial rating of not less than "Class V" as reported by
<br /> Best's Key Rating Guide, published by A.M. Best Company, latest edition. This insurance shall
<br /> be in effect as long as this Declaration exists. Failure to continue to provide the insurance
<br /> coverage shall constitute a violation of this Declaration.
<br /> Compliance with the foregoing requirements shall not relieve Owner, its successors or
<br /> assigns of its liability and obligations under this section or any other portion of this Declaration.
<br /> The City reserves the right to reasonably amend the insurance requirements by the
<br /> issuance of a notice in writing to Owner, its successors or assigns.
<br /> 4. Effective Date. These grants of easement shall not become effective until the
<br /> City issues a final certificate of use; and occupancy for the development approved under the
<br /> Resolution, as modified by any subsequent substantial compliance approval, or as such other
<br /> plans are approved at public hearing consistent with this Declaration.
<br /> 5. Reservation. Grantor hereby reserves all rights of ownership in and to the
<br /> property underlying the Easements (the "Easement Parcels")which are not inconsistent with this
<br /> Declaration, including, without limitation: (a) the right to grant further non-exclusive easements
<br /> on, over,under and/or across the Easement Parcels(i.e.,utility and/or access easements); (b) the
<br /> right to use the Easements for all uses not interfering or inconsistent with the uses permitted
<br /> herein, including, but not limited to: vehicular access and ingress and egress to, over, and from
<br /> the Easement Parcels and the Property; service access to, over and from the Easement Parcels
<br /> and the Property; installation, maintenance and use of utility facilities and access therefore and
<br /> maintenance thereof; the right to conduct any activity upon the Easements which promotes the
<br /> security of the Easements or the Property or any persons or property located thereon as long as
<br /> public access to the beach through the Easement Parcels is continuously maintained, and the
<br /> right to construct and maintain any signs within the Easements as may be permitted by
<br /> applicable law; and (c) the exclusive right subject to the City's Right to Restore, to design,
<br /> build, furnish and maintain any and all improvements (including, but not limited to, landscaping
<br /> and lighting) located within the Easements. Prior to its exercise of those rights set forth in (a),
<br /> (b)or(c) of this Paragraph Five (5), other than the granting of such easement to governmental or
<br /> quasi-governmental authorities or departments, or to Grantor's future successors or assigns,
<br /> Grantor shall obtain the written approval of the City Manager, who shall determine, in his/her
<br /> sole and reasonable opinion, whether the proposed grant, use, or other activity is inconsistent
<br /> with the grant of easements set forth herein and in Resolution Nos.06-Z-100 and 04-Z-85.
<br /> 6. Indemnification. The Grantor, its successors and assigns, hereby agree, for
<br /> separate good and valuable consideration the receipt and sufficiency of which are hereby
<br /> acknowledged,to jointly and severally indemnify,defend and hold harmless the Grantee,(and all
<br /> of its members, officers, directors, employees, successors and assigns, and consultants) against
<br /> any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable
<br /> attorney's fees and cost whether suit be brought or any appeals be taken therefrom) arising from,
<br /> growing out of or connecting in any way to the Declaration or any activity carried on in the
<br /> Easements , including but not limited to the failure of the Grantor to maintain the Easements.
<br /> 4
<br /> Paramount Declaration of Restrictions&Grant of Easement
<br /> Book25500/Page2307 CFN#20070334642 Page 4 of 24
<br />
|