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C. The Applicant's request to transfer development rights from the TDR Bank of the City in <br />the amount of 38,058 square feet of development rights and three (3) dwelling units is <br />hereby granted, subject to the conditions in Section V below. <br />D. The Applicant's request to approve the utilization of private TDRs in the amount of <br />62.162 square feet and 29 dwelling units is hereby granted, subject to the conditions in <br />Section V below. <br />V. CONDITIONS <br />A. CONDITIONS TO BE COMPLETED BEFORE DEMOLITION, BELOW GRADE <br />OR BUILDING PERMITS ARE ISSUED. <br />(1) That the plans in the approval be substantially in accordance with that submitted for <br />public hearing and thereafter modified based on the denial of setback variances, which <br />are entitled "St. Tropez on the Bay Phase II - Condominium Towers IV & V. Phase III <br />— Office Building ", prepared by axioma3. Inc. consisting of 31 sheets last revised <br />10/7/2013; the survey entitled "Plan of Survey ", prepared by Mario Prats Jr. & <br />Associates, Inc., consisting of 3 sheets received dated on 10/01/2013. Plans may be <br />modified at public hearing. <br />(2) Upon the submittal of an application for building permit, the plans submitted shall <br />meet with the approval of the Community Development Department and be consistent <br />with the specific site plan approved by the City Commission. Plans shall include all <br />the required elements of the site plan pursuant to the City's Land Development <br />Regulations. Should revisions in the plans result in a change that would not be <br />considered "minor" in accordance with Section 265 -18 of the City Code: the Applicant <br />shall be required to obtain another approval of the City Commission. <br />(3) All conditions set forth in Zoning Resolution No. 12 -Z -133 approved on November <br />15. 2012 shall remain in effect. <br />(4) That the Applicant provides the City with a non - refundable deposit in the amount of <br />ten percent (10 %) of the approved purchased price of $761,160 for the Transfer <br />Development Rights (TDRs) in the amount of 38.058 square feet and 18 dwelling <br />units purchased from the City. The total amount of the deposit is $76,116. Failure to <br />pay the required deposit within the three (3) working days of approval of the Transfer <br />Development Rights (TDRs) application and site plan application shall result in an <br />automatic voiding of the City Commission approval of the Receiving Site, transfer of <br />Transfer Development Rights (TDRs), and site plan approval. <br />(5) That the Applicant submit a Declaration of Restrictions in recordable form acceptable <br />to the Community Development Department and acceptable to the City Attorney prior <br />to submittal for an application for building permit, which proffers: (i) the ownership <br />assignment of any cabana should be strictly to an owner or owners of a unit within the <br />St. Tropez or Parque Towers projects and shall not be used as a dwelling unit. <br />13 -Z -!S1 St. Tmpez on the Bay: Phases II and ill 4 <br />