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<br />3. That upon the submittal of an application for a building permit, the plans submitted shall <br />meet with the approval of the Planning and Zoning Administrator and shall be consistent <br />with the specific Site Plan approved by the City Commission. Plans shall include all the <br />required elements of the Site Plan pursuant to the City's Land Development Regulations <br />and recommendations and these conditions. Should compliance with these conditions <br />and recommendations result in a change that would not be considered "minor" in <br />accordance with Section 265-18 (I) of the Code of Sunny Isles Beach, the Applicant shall <br />be required to obtain another approval by the City Commission. <br /> <br />4. That a plot plan be submitted to the Planning and Zoning Administrator, Landscape <br />Architect and Planning Consultant including their in-house experts, for their review. The <br />plot plan shall include all easements proffered by the Applicant to the City, including but <br />not limited to (i) a beach access easement exactly as shown on the Site Plan and as <br />represented by the Applicant to the City Commission (the "Beach Access Easement"), <br />(ii) a ten-foot (10') landscaping streetscape easement as per the City Streetscape Master <br />Plan (the "Streetscape Easement"), and (iii) the fifteen thousand (15,000) square foot <br />public oceanfront park (the "Oceanfront Park") and, if applicable, other amenities. The <br />plot plan shall show the type and size of plant materials, which shall be in compliance <br />with the City's Streetscape Master Plan. <br /> <br />5. That the Applicant submit a Declaration of Restrictive Covenants (the "Declaration") in <br />recordable form, in accordance with the provisions of Section 265-23.7.1(e) of the Code <br />of Sunny Isles Beach amending and modifying that recorded Declaration dated <br />September 5, 2003 and recorded at OR Book 21608 Page 4240- 4280 in the Public <br />Records of Miami-Dade County, FL, in a form and content_acceptable to the Planning <br />and Zoning Administrator, prior to submittal of an application for a building permit. The <br />Declaration shall proffer the Beach Access Easement, the landscaping Streetscape <br />Easement, and the fifteen thousand (15,000) square foot Oceanfront Park, and easements <br />over, across, under and through all of these easements, all of which shall be fully <br />accessible to the public and clearly designated, by means of signage approved in writing <br />by the City Manager or its designee, as amenities open to all members of the public. The <br />provision of twenty-four (24) hour valet parking services for owners and their guests <br />shall be included in such Declaration including any other provisions provided in the prior <br />declaration not mentioned herein. <br /> <br />6. The Declaration shall specify that the proffered Beach Access Easement and the <br />Oceanfront Park, shall be fully landscaped and equipped with public amenities including, <br />but not limited to, benches and lighting (the "Public Amenities"). The Applicant shall <br />maintain all of the easement parcels, including but not limited to the Beach Access <br />Easement, Landscaping Streetscape Easement, and Oceanfront Park, in perpetuity, to a <br />standard reasonably acceptable to the City Manager. <br /> <br />7. That the applicant submit evidence of purchase of the required 92,103 square feet of <br />TDR's and 54 units for the approval of the City administration, which shall then, in <br />accordance with Section 265-23.7.2, of the Code of Sunny Isles Beach advise the City <br />Commission that this condition has been met and which shall at the same time submit a <br />resolution for approval of a revised Bank Statement, adjusted to reflect the approved site <br /> <br />Royale Final Resolution <br /> <br />4 <br />