Resolution Zoning 03-Z-78 - Laserfiche WebLink

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Access Easement"), together with 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 (the "City Access Easement"); (ii) a 10' landscape easement pursuant to the City Streetscape Master Plan along the westerly 10' of the Property adjacent to Collins Avenue, as specifically described in Exhibit "C" (the "Streetscape Easement"); and (iii) a ten thousand (10,000) square foot public oceanfront park easement as specifically described on attached Exhibit "D" (the "Oceanfront Park"). The Easements shall be fully accessible to the public, on a twenty-four (24) hours basis and shall be 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. 3. Desilm. Construction and Maintenance of Easements and Improvements. (A) Design and Construction. Owner, 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 Easements, subject to the approval of the City Manager, in his sole discretion. The design 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 Beach Access Easement shall be paved and shall contain landscaping and lighting. The Oceanfront Park shall be fully landscaped and equipped with public amenities including, but not limited to, benches, lighting, a shower and a fountain. The design and construction of the Streetscape Easement shall comply with the City Streetscape Master 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 Streetscape Easement as required pursuant to the City's Streetscape Master Plan or as otherwise approved by the City. (B) Maintenance. Owner, its successors and assigns shall at all times maintain the Easements (including any and all improvements which may be constructed thereon from time to time) in good condition and in a safe, clean and attractive manner reasonably acceptable to the City Manager. After any landscape or other installation within the Easements or any subsequent repairs and/or maintenance thereof, the Owner shall restore the surface of the Easements, as applicable, as near to its original condition as may be possible, all within a reasonable time after the installation, repair and/or maintenance of such activity described above. In the event that the Owner fails 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 Easements to its 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. (C) Insurance. Owner, its successors and assigns, shall maintain, during the term of this Declaration, the insurance specified below. A Certificate of Insurance shall be filed MIADOCS 649864 8 11/15104 2