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<br />Collins Avenue. That sum shall be based on the linear feet of frontage of Owner's property. The <br />funds shall be payable prior to the issuance of certificates of occupancy by the City and shall be <br />earmarked and segregated by the City to be applied solely for the purpose of landscape and <br />beautification of Collins Avenue, The City shall determine, in its sole discretion, the schedule <br />for this landscaping activity, but in no event to exceed five (5) years from the date hereof. In the <br />event the City does not proceed with this project within said time-frame, the City shall retufn the <br />sum volunteered hereunder to the Owner. <br /> <br />5. Public Access. The Owner agrees to provide public access to the beach <br />substantially in accordance with the Approved Plans. <br /> <br />6. Landscapin~, Owner shall provide landscape improvements at and within the <br />AlA right of way corridor to increase the effectiveness of the buffer zone between this <br />development and the low density residential district located directly to the west of this project. <br />Such improvements shall be consistent and compatible with plans prepared by the City's <br />Landscape Architect. <br /> <br />7. Gara~e. No parking structure which exceeds 'l2 story or 6 feet above the public <br />sidewalk grade shall be permitted within 75 feet ofthe Collins Avenue property line. No parking <br />garage structure shall be permitted within any proffered easement. No portion of the proposed <br />parking garage structure shall be visible from the Collins Avenue right of way. The entire front <br />setback shall be bermed and fully landscaped to insure that the front setback provides an <br />adequate buffer necessary to mitigate the impacts of the increased bulk and scale of the structure <br />from adjacent pedestrian activities as well as from the low density residential property to the <br />west. <br /> <br />8. Pedestrian Improvements. The Owner agrees to provide pedestrian safety <br />improvements including, but not limited to traffic lights, additional crosswalks, safety fencing, <br />signage and the like within the public right of way to insure the accessibility of the proffered <br />easement and to insure the safety of the residents who wish to utilize the proffered access <br />easements. <br /> <br />9. Ri~ht of Way. No wall, fence or visual obstruction of any kind shall be placed <br />within 25 feet of the Collins Avenue public right of way and no such wall or fence shall in any <br />way obstruct an access easement. No portion of an access easement shall be utilized for <br />vehicular access to the parking garage or to main structure loading docks, etc., except as <br />indicated on the approved plans. <br /> <br />10. Pavers. Paving within the front setback shall consist of pavers or other <br />decorative materials approved by the Building Official. Under no circumstances shall asphaltic <br />concrete or plain concrete be utilized as paving in the front setback. <br /> <br />11. Easements. The proffered access easements shall be fully landscaped <br />public facilities including, but not limited to benches, lighting, public restrooms and foot sh <br />shall be provided or constructed by the Owner therein according to a plan approved ~ <br />(J <br /> <br />