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5. That the Applicant shall address comments provided by City's Civil Engineer regarding <br /> civil plans submitted during site plan review process. The City Manager or his designee <br /> shall review and provide additional comments if necessary. <br /> 6. That if the Applicant chooses to propose an artwork prior to building permitting, the <br /> Applicant is not required to submit the remainder monetary contribution to meet the <br /> minimum monetary requirement. Any artwork must be presented and approved by the City <br /> Commission and already made deposits are not refundable nor credited. <br /> 7. That the Applicant shall address comments provided by City's Civil Engineer regarding <br /> civil plans submitted during site plan review process. The City Manager or his designee <br /> shall review and provide additional comments if necessary. <br /> 8. That the Applicant is required to provide a Declaration of Restrictive Covenants for the <br /> restrictions to (1) Cabana ownership, cabanas are to be restricted to condominium owners <br /> only; and (2) the commercial spaces within the project is to be restricted to one (1) <br /> commercial entity under one (1) ownership. The Applicant shall submit a Declaration of <br /> Restrictive Covenants in a form acceptable to the City Attorney. The Declaration of Restrictive <br /> Covenant shall be recorded in the public records of Miami-Dade County at the Applicant's expense. <br /> Conditions to be completed before any Certificate of Occupancy is issued. <br /> 9. Under Section 267-4, 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 /> 10. 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 City 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 Manager, <br /> based on his/her evaluation of the nature and complexity of the application. The Applicant <br /> shall be provided with copies of any City voucher for such services as they are submitted <br /> to the City. When the balance in such escrow is reduced to one-third (1/3) of its initial <br /> amount, the applicant shall deposit additional funds into such account to bring its balance <br /> up to the amount of the initial deposit. If such account is not replenished within thirty-days <br /> (30) after the applicant is notified, in writing, of the requirements for such additional deposit, <br /> the City may suspend its review of the application. An application shall be deemed <br /> incomplete if any amount shall be outstanding. A building permit or Certificate of Use and <br /> Certificate of Occupancy shall not be issued unless all professional review fees charged <br /> in connection with the applicant's project have been reimbursed to the City. Once all <br /> 8 <br /> U:\PLANNING&ZONING20081ZONING HEARING-APPLICATIONS\2016 APPLICATION\PZ2016-03 Varadero Mod.Staff Report 042116 <br />