A minimum twenty-five (25') feet wide continuous public access easement shall be provided along the full length of the property along the Manasquan River and Point Pleasant Canal. The developer shall construct a continuous boardwalk or equivalent walking surface, a minimum of ten (10') feet in width, for the full length of the required access easement.

A minimum of four and a half (4 1/2) contiguous acres of open space/recreation area, exclusive of the required public access easement along the waterfront, shall be provided. Full public access shall be provided to such area. The developer shall improve such open space/ recreation area for passive recreational use and may construct limited small scale active recreational facilities, such as tennis court(s). Passive recreational facilities to be provided shall include: walkways linked with the waterfront walkway, substantial landscape improvements, benches along walkways, gazebos, and off-street public parking areas.

The developer, or his successor, shall maintain, repair, and replace such improvements within the areas available for public access, as required. The developer shall provide easements and/or deed restrictions or other legally binding instrument(s) or guarantees, approved as to form and content by the Borough Attorney, to guarantee continued public access to the public access areas and provisions for the Borough to assume the right to maintain, repair, and replace improvements and continue public access to areas so designated in the event the developer, or his successor, shall fail to provide for same.

The Borough shall be given the right to hold certain special events within the designed non-waterfront public access passive recreation areas. The developer shall enter into an agreement with the Borough governing such special events. Such agreement shall bind all successors of the developer to said agreement.

The developer shall include provisions for the expansion of the public bathing and fishing opportunities adjacent to the existing Borough facilities at the northerly terminus of Maxson Avenue.