Reso 2012-1951 - Laserfiche WebLink

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Declaration of Restrictions and Grant of Easements Page 2 • consisting of a legal description'and sketches(the"Oceanfront Park Basement"), 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,as amenities open to all members of the public. In addition Owner does hereby grant and 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 pathways as they may exist from time to time on the Property. 3. Landscaping on the Easement. Prior to the issuance of the Certificate of Occupancy,Owner-shall plant landscaping on the Jardarape Easement as required pursuant to the City's Streetscape Master Plan or as otherwise approved by the City. 4. Design, Construction and Maintenance of Easement_and Improvements. Owner and its successors and assigns or any condominium association managing the common areas of the Property,shall have the exclusive right to design,build,furnish and maintain any and all improvements(including 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 Easements shall be presented to the City for its approval prior to construction of such improvement,which approval shall not be unreasonably withheld or delayed. The Landscape Easement shall comply with the City Streetacape Muter Plan as approved by the City Zoning and Code Administrator. Prior to the issuance of the Certificate of Occupancy,Owner shall plant landscaping on the Landscape Easement as required pursuant to " the City's Streetacape Master Plan or as otherwise approved by the City. Owner shall at all times maintain the Basements in good condition and in a safe,clean and reasonably attractive manner .. 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 Owns shall restore the surface of the Easements,as applicable, as near to their original conditions as may be possible,in the reasonable discretion of the City Manager,all within a reasonable time after the installation,repair,anchor or maintenance of such activity described above. In the event that the Owner this 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 Easement(a)to its (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. 5. Parking Spaces. As part of development of the Property,Owner shall provide,in addition to the 29 existing spaces 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 173265U 67231#657903•ti 511344 3?A PM • Book22317/Page2875 Page 2 of 16 Attachment B Page 19 of 33 Pages SSLL No. 130174356