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Declaration of Restrictions and Grant of Easements Pege2 consisting of a legal descriptian'and sketclua (the "Ocefiont Park Basem enr% all of which shall be felly accessible to the public and clearly designated by mcans of signage approved in writing by the City Manager or its designee, as amenities open to all members of rho public. In addition Owner does hereby grant and convey to the- City vehicular ingress and egress for fire, polio-, health, sanitation and other public service personnel and vehicles employed and utilized by the City over the driveways and pathways ss they may coder frons time to time on the Property. 3. x.sndaegptae on the 1B"Whent Prior to the issusuce of the CerMoste of Occupancy, Owner shall pleat Isndaeaping on the Landscape Basement as required pursuant to the City's Stredscape Master Man or as otherwise approved by the City. 4. Desien. Construction sad Maintsnalce=of FAmment and Dnuroveram Owner and its successors and assigns or any condominium association managing rho common areas of the Property, shall hmm the exclusive right to deaigu, build, famish and maintain any and all improvements (includaug but not limited to landscaping, irrigation and lighting) located within the Basements. The design of the improvements and of any and all materials to be used for any and all improvements within the Basements shall be presented to the City for its approval prior to construction of such improvement, which approval &ball not be unreasonably withheld or delayed. The I=dscape Easement ah&R comply with the City Streetscaps Master Plan as approved by the City Zoning and Code Administrator. Prior to the issuance of the Certifieato of Occupancy, Owner AWI plant landscaping on the Landscape Easement as required pursuant to the City's. Strodseape Mastar Plan or as otheaviso approved by the City, owner shall at all times maintain the Easements in good condition and in a ado, clean and reasonably attractive mawwr to.a standard reasonably acceptable to the City Manager. After any landscape or other installation wWgn the Easements or any subsequent repairs amdlor maintenance themot the Owner shell restore the surface of the Beaeanems, as applicable, as new to their origind conditions as may be'possible, in tbo reasonable discretion of the •City Manager, all within a reasonable time after the installation, ropair, auclior or m andcnance of such activity described above. In the event that the Owner AM to restore or commence restoration and diligently patens scree, after receipt of thirty (30) days' written. notice from City to Owner of such Mum, then the City may restore the Baaament(s) to its (their) required condition (the City'a Right to Restore) and thereafter the Owneu shall reimburse City for the reasonable costs of such restoration, within thirty (30) days following receipt by the Owner of a reasonably docuun.earted iuvoiee (t1Ee "Iavoicel fir 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.. 5. a aces. As part of development of the Property, owner shall provide, in addition to the 29 existing apsees located in the adjacent property known, as Pier Park (formerly known as Gilbert Samson Park) as described on Exhibit "D", an additional 29 spaces in the 732dAId7S W 657909 v 17 5/13104 344 PM Book22317/Page2875 Page 2 of 16 Attachment B Page 19 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 498