Resolution Zoning 04-Z-84 - Laserfiche WebLink

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include a requirement of the Resolution in the Declaration shall not be deemed a waiver of such requirement. 2. Grant of Easement. Owner does hereby grant and convey to the City the following non- exclusive easements (collectively, the "Easements"); (i) an access easement, no less than twenty feet (20') wide, and otherwise as specifically described on attached "Exhibit B", for pedestrian ingress to and egress from Collins Avenue to the public beach (the "Beach 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 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 C (the "Streetscape Easement"); and (iii) a minimum of fifteen thousand (15,000) square foot public oceanfront park easement as specifically described on attached Exhibit D (the "Oceanfront Park"). The Beach Access Easement and Oceanfront Park 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. Desie:n. Construction. Maintenance. Insurance and Restoration of Easements and Improvements. 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 Easements, 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 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 lighting. The Beach Access Easement and the Oceanfront Park shall be landscaped and equipped with public amenities including, but not limited to, benches, and lighting, (the "Public Amenities") and the Oceanfront Park shall contain a shower and a drinking fountain. 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 or 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 landscaplng, 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 Easements (including 2