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<br />10. That the Applicant contribute to the Off-Street Parking Fund as per Section 265-46 A (2) <br />(b) for the buy down of 16.5 % (93 parking spaces) of the required parking spaces, for a <br />total of $930,000 dollars. <br /> <br />11. That approval of the receiving site, the transfer of the TDR's, the site plan and the <br />variance are subject to: (A) City Commission approval, at a public hearing to be held <br />April 14, 2005, of (1) The purchase price to be paid by Applicant for the TDR's based on <br />an appraisal to be prepared for the City; (2) The color palette; (3) Clarification of the <br />number of required disabled parking spaces for the Project; and (B) Payment to the City <br />of a non refundable deposit in the amount of ten percent (10%) of the approved purchase <br />price, (the "Ten Percent Deposit") in accordance with the TDR Ordinance, within three <br />days of the City Commission approval of the purchase price, but in no event later than 5 <br />p.m, on Monday, April 18, 2005. The failure of performance of any of these conditions <br />shall be deemed a denial of this Application, <br /> <br />12. That the proposed Project be developed substantially in compliance with exhibit 'A' <br />submitted at the hearing, with specific attention to be given to compliance with the <br />requirements regarding the exterior lighting for the development. <br /> <br />Conditions to be comuleted before any Certificate of Occuuancy is issued <br /> <br />1, That the Applicant demonstrates that it is 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 />3. Under Ordinance 2001-132, the City Manager and lor 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 himlher 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 charges by <br />such consultants or hourly rates of employed professionals and shall be paid within 30 <br />days on submission of City voucher, <br /> <br />4. 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 <br />Manager, based on his/her evaluation of the nature and complexity of the application, <br />The Applicant shall be provided with copies of any City voucher for such services as they <br />are submitted to the City, When the balance in such escrow is reduced to one-third (1/3) <br /> <br />R05-Z-91 St. Tropez <br /> <br />5 <br />