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application and site plan application shall result in an automatic voiding of the City <br />Commission approval of the Receiving Site, transfer of TDRs, and site plan approval. <br />C. Upon the submittal of an application for a building permit, the plans submitted shall be <br />approved by the Planning and Zoning Department and be consistent with the specific site <br />plan approved by the City Commission. Plans shall include all the required elements of the <br />site plan pursuant to the City's Land Development Regulations and recommendations. Should <br />compliance with recommendations result in a change that would not be considered "minor" <br />in accordance with Section 265-18 of the City Code, the Applicant shall be required to obtain <br />another approval of the City Commission. <br />D. That the Applicant complies with all conditions and permit requirements, including but not <br />limited to, Miami -Dade County DERM, the Fire Department, Water and Sewer Departments, <br />etc. <br />E. Upon the submittal of an application for a building permit, the City will only issue a building <br />permit for this proposed project following written approval from the Mansion at Acqualina <br />Condominium Association. <br />F. That the Applicant shall pay all fees related to the review of the application described herein <br />and shall have paid all other fees due to the City including but not limited to TDRs and <br />Bonuses. <br />G. That the approved site plan shall remain valid for a period of 24-months from the date of the <br />site plan modification approval. If no building permit is issued within the 24-month time <br />period, the site plan shall be considered null and void and of no force and effect. <br />H. Prior to issuance of a building permit, documentation evidencing the transfer of development <br />rights shall be recorded against the title of the receiving site, in the public records of Miami - <br />Dade County, Florida and an irrevocable covenant running with the land, which shall include <br />the additional FAR (TDR), required parking and all other conditions, restrictions, and <br />obligations imposed as conditions of the approval by the City Commission and the LDRs, shall <br />be recorded against the title to the receiving site, in the public records of Miami -Dade County, <br />Florida. The covenant and all other documents recorded pursuant to this section shall include <br />a warning that the approval of the TDRs shall be extinguished, become null and void and shall <br />be of no further force or effect in the event no building permit is issued for the receiving site <br />within 24 months from the date the resolution is rendered, and shall contain a statement by <br />which the owner(s) of the receiver site shall agree to bind itself, its successors and assigns <br />with regard to all conditions, restrictions, and obligations contained therein, and, further, <br />shall include a statement prohibiting any changes, amendments, modifications or releases to <br />the document without the prior written approval of the City Manager and the City Attorney <br />after approval by the City Commission at a public hearing. All documents recorded pursuant <br />to this section shall be in a form acceptable to the City Attorney and shall be recorded at the <br />expense of the applicant. Copies of documents recorded pursuant to this section shall be <br />Resolution for Site Plan Modification <br />Page 4 of 6 <br />55 <br />