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<br />development is permitted in phases, the bonus contribution shall be pro rated for each <br />phase. <br /> <br />9. That the Applicant shall comply with all conditions and requirements of the Department <br />of Environmental Resource and Management (DERM), the Fire Department, Water and <br />Sewer Department, Department of Environmental Protection (DEP), and Florida <br />Department of Transportation (FOOT). <br /> <br />10 The Applicant will abide by all City and County ordinances relating to the hours of <br />operation for construction commencement and termination. The Applicant will use its <br />best efforts to minimize vibration and noise during the construction of the Project. <br /> <br />11. That all overhead utilities adjacent to the public right-of-way on the Project site shall be <br />placed underground in order to insure the public safety during an evacuation procedure <br />and to insure the ability of the City to restore public utility service subsequent to a storm <br />event. <br /> <br />12. That under grounding of utilities shall be accomplished as mandated by Section 250-09 <br />thru 250-16 of the Code of the City of Sunny Isles Beach and the City Streetscape Master <br />Plan. If not otherwise funded by the Collins Avenue Streetscape contribution provided in <br />Section 265-35, this shall include the purchase, replacement and installation of light poles <br />that conform to Streetscape Master Plan requirements. The Applicant shall coordinate <br />with the City Manager on this issue. <br /> <br />13 That the Applicant shall submit plans for the construction of an appropriate barrier <br />between the construction site and adjoining properties in order to minimize blowing of <br />sand and debris. The Applicant will abide by all City and County ordinances relating to <br />the hours of operation for construction commencement and termination. The Applicant <br />will use its best efforts to minimize vibration and noise during the construction of the <br />Project. <br /> <br />14. That no wall, fence, or visual obstruction of any kind shall be placed within 25 feet of the <br />Collins A venue public right of way and no such wall or fence shall in any way obstruct <br />the Beach Access Easement. No portion of the Beach Access Easement shall be utilized <br />for vehicular access to the parking garage or to main structure loading docks. <br /> <br />15. That paving within the front setback shall consist of pavers or other decorative materials <br />approved by the Building Official. Under no circumstances shall asphalt concrete or <br />plain concrete be utilized as paving in the front setback. <br /> <br />16. That Applicant has submitted all documents required under this Resolution and all impact <br />fees, bonuses, and transfer of development right monies, if applicable, and professional <br />fees in accordance with Section 267 of Code of the City of Sunny Isles Beach and other <br />applicable Land Development Regulations due to the City have been paid. <br /> <br />04-Z-85 SEA <br /> <br />5 <br />