Reso 2008-1203 - Laserfiche WebLink

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Declaration of Restrictions a.ti.d Grant of Easements Page 2 consisting of a legal description' and sketchell (the "Oceanfront Park Easement''), all of which shall be fully accessible to the public and clearly designated by means of signage approved in writing by the City Manager or its designee, 88' amenities open to all members of the public. In addition Owner does hc:reby grant mid convey to the' City 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 pathwaYB as they may exist from timo to time on the Property. 3. Landscaplnl!: on the R8lIelilent. Prior to the issUB.D.Ce of the Certificate of Occupancy, Owner shall pl.an11andscaping on the Landscapo Easement as required pursuant to tho City's Streetscape Master Plan or as o1heIwi.se approved by the City. 4. Desit!n; Construction and Maintenance of Easemeut and Improvements. Owner and its successors and assigns or any condominium association managing the common areas of the Property, aha1l have the exclusive right tp design. build., furnish and maintain any and all improvements (including but not limit~ to landscaping, irrigation and lighting) located within the Easements. The deaign of the improvements and of any and all materials to be used for any and all improvements within the Easements shall be presented to the 'City for its approval prior to construction of such improvement, wbich approval shall not be unreasonably withheld or delayed. The Landscape Easement shall comply with the City Streetacape Master Plan as approved by the City Zoning and Code Adminiatrator. Prior to the issuance of the Certificate of Occupancy, Owner shall plant lllOdscaping on the Landscape Easement as required purimaD.t to. . tho City's Streetscape Master Plan or as othc.rwiBo approved by the City. Ownor shall at all times maintain the :Basements in good condition and in a safe.. clean and reasonably attractive IIllUlllCf to a standard reasonably acceptable to the City Manager. After any landscape or other installation within the Baseinents or any subsequent repairs and/or maintemmce thereof: the Owner ahall restore the surface of Ute Easements, as applicable,. as :near t6 thcir original con9itions as may be 'pomble, in the reasonable diBcretion of the .City Manager, all within a reaSonable time after the installation, repair, a.nc4or or maintenance of such activity described above. In the ~t that the Owner fails to restore or commence restoration and diligently punme ~e, a.tter receipt of thirty (30) day3' written notice from City to Owner of such failure, then the City may restore the Bascment(a) to ita (their) required ~ndition (the "City's Right to Restore") and theroafter the OWna shall reimburse City for the reasonable costs of such restoration within thirty (30) days following receipt by the Owner of a reasonably docwnented invoice (the "Invoice'') WI;' same, In the eVent reimbursement is not received by the . City Within the required time, City may then place a lien against the Property fur the cost as documen.ted in the Invoice. Grantor agroes thai 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. . Parkin!! Spaces. At; part of ~elopmont of the Property, Qwnor shall provide, in addition to the 29 OOsting space:! located in the adjacent property known as Pier Park (formerly known as Gilbert Samson Park) as descn'b.ed on Exhibit "D", an additional 29 spaces in the \7J26S\1672J\ 11657903 v 11 j/131\)4 3:24 PM Book22317/Page2875 Page 2 of 16 Att<lchmt'nt B P<lgt' 16 of 30 P<lgt's SSLL No. lJ0174356