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<br />12. At the time of submission of any application for building permit, after the development <br />order has been approved, applicant shall fund an escrow account b e established, from <br />which withdrawals would be made to reimburse the City for the cost of professional <br />review services, if any. The applicant shall provide funds to the City for deposit into <br />such account in an amount to be determined by the City Manager or his designee, based <br />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 (113) of its initial <br />amount, the Applicant shall deposit additional funds into such account to bring its <br />balance up to the amount of the initial deposit. If such account is not replenished within <br />thirty-days (30) after the Applicant is notified, in writing, of the requirements for such <br />additional deposit, the City may suspend its review of the application. An application <br />shall be deemed incomplete if any amount shall be outstanding. A building permit 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 /> <br />B. Conditions to be completed before any Certificate of Occupancy is issued. <br /> <br />1. That the Applicant demonstrates that they are in compliance with all terms and conditions <br />under this approval. <br /> <br />2. Applicant shall pay all fees related to the review of the application described herein and <br />shall have paid all other fees due to the City. <br /> <br />C. Other Conditions <br /> <br />1. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the <br />City upon compliance with all terms and conditions. The Certificate of Occupancy and <br />Certificate of Use shall be subject to cancellation upon violation of any ofthe conditions. <br /> <br />2. That the City Manager will discuss with the Police Department whether the beach access <br />should be gated. <br /> <br />3. That the approved site plan shall remain valid for a period of24 - months from the date of <br />approval. If no building permit is issued within the 24 -month time period, the site plan <br />shall be considered null and void and of no force and effect. <br /> <br />4. That the Applicant complies with all City Ordinances applicable to development and <br />permit approvals. <br /> <br />5. That the Applicant shall submit a Declaration of Restrictions, in recordable form, <br />acceptable to the Planning and Zoning Administrator prior to submittal for an application <br />for building permit, which proffers the maintenance of the landscape in the swale area <br />along the frontage of the property. <br /> <br />03-Z-74 Mandalay LLC Reso <br />JLVI ed <br />Rev. LMD/ch <br /> <br />5 <br />