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CONDITIONS TO BE COMPLETED BEFORE ANY CETIFICATE OF <br />OCCUPANCY IS ISSUED <br />12. The Applicant shall relocate all the utilities and encroachment that currently exist in the <br />walkway area. Subject to the approval of the design by City Manager or designee, the <br />Applicant agrees to install lighting, landscaping, and pavers along the public walkway to <br />be consistent with the existing City of Sunny Isles Beach Government Center plaza. <br />13. Under Section 265-11, the City Manager and/or his/her designee in review of any <br />application, may refer any such application presented to it to such engineering, planning, <br />legal, technical, or environmental consultant or professional(s) employed by the City as <br />the Manager shall deem reasonably necessary to enable him/her to review such <br />application as required by law. Charges made by such consultants or professionals shall <br />be in accord with the charges customarily made for such services in Miami -Dade County, <br />and pursuant to an existing contractual agreement by and between the City and such <br />consultant. Charges made by the City shall be in accord with the hourly rates charged by <br />such consultants or hourly rates of employed professionals and shall be paid within 30 <br />days on submission of City voucher. <br />14. At the time of submission of any application or thereafter, it is required that an escrow <br />account be established, from which withdrawals shall be made to reimburse the Citv for <br />the cost of professional review services, if any. The Applicant shall then provide funds to <br />the City for deposit into such account in an amount to be determined by the City <br />Manager, based on his/her evaluation of the nature and complexity of the application. <br />The Applicant shall be provided with copies of any City voucher for such services as they <br />are submitted to the City. When the balance in such escrow is reduced to one-third (1/3) <br />of its initial amount, the applicant shall deposit additional funds into such account to <br />bring its balance up to the amount of the initial deposit. If such account is not <br />replenished within thirty -days (30) after the applicant is notified, in writing, of the <br />requirements for such additional deposit, the City may suspend its review of the <br />application. An application shall be deemed incomplete if any amount shall be <br />outstanding. A building permit or Certificate of Use and Certificate of Occupancy shall <br />not be issued unless all professional review fees charged in connection with the <br />applicant's project have been reimbursed to the City. Once all pertinent charges have <br />been paid, the City shall refund to the Applicant any funds remaining on deposit. <br />15. The Applicant shall fumish payment and performance bond in an amount determined by <br />the Building Official to ensure Applicant's performance of public improvements required <br />pursuant to site plan approval and in accordance with recommendations of the Building <br />Official after review of construction plans submitted based on development approval <br />granted herein. Any such bond shall be issued by a surety having a minimum rating of A- <br />1 in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the <br />approval of the City, and shall provide that 'this bond may not be cancelled or allowed to <br />lapse until 30 days after receipt by the City, by certified mail, return receipt requested, of <br />written notice from the issuer of the bond of intent to cancel or not to renew''. As <br />improvements are made the City, within its discretion, may reduce or eliminate the bond <br />amount. These rights reserved by the City with respect to any construction bond <br />established pursuant to this section are in addition to all other rights and remedies the <br />City may have under this Resolution, in law or in equity. <br />13-Z- VA Dezer Office Tower 5 <br />