Resolution Zoning 04-Z-84 - Laserfiche WebLink

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2. Grant of Easement. Owner does hereby grant and convey to the City the following non- exclusive easement (the "Easement"): a ten-foot (10') wide landscape easement pursuant to the City Streetscape Master Plan along the westerly Property line adjacent to Collins Avenue as specifically described in Exhibit B (the "Streetscape Easement"). 3. DesiS!n. Construction. Maintenance. Insurance and Restoration of Easement and Imorovements. A. Design and Construction Owner and its successors and assigns or any condominium or master owners' association managing the common areas of the Property, shall have the exclusive right to design, build, furnish and maintain any and all improvements not shown on the site plan approved by the Resolution (including but not limited to landscaping, irrigation and lighting) located within the Easement, subject to the approval of the City Manager, in his reasonable discretion. The design of the improvements and of any and all materials to be used for any and all improvements within the Easement 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 design and construction of the Streetscape Easement shall comply with the City Streetscape Master Plan, as approved by the City. 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 on as otherwise approved by the City. If the landscaping dies or fails to thrive during the first two years from completion of the initial installation of the landscaping, Owner shall replace same with landscaping of equivalent species and size. B. Maintenance Owner and its successors and assigns or any condominium or master owners' association managing the common areas of the Property shall at all times maintain the Easement 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 Easement or any subsequent repairs and/or maintenance thereof, the Owner shall restore the surface of the Easement, as applicable, as near to its original conditions 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 Easement to its required condition (the "City's Right to Restore") and thereafter the Owner shall reimburse the 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. 2