Resolution Zoning 05-Z-99 - Laserfiche WebLink

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WHEREAS, failure to pay the Ten Percent Deposit within three (3) working days of the approval of the purchase price on December 8, 2005, but in no event later than 5 p.m. on Tuesday, December 13, 2005, shall result in an automatic voiding of the Commission approval of the Receiving Site, transfer of TDR's, and site plan approval, pursuant to Section 265- 23 .5(b )(2) of the TDR Ordinance, each element of the Application shall be deemed denied, and Applicant shall not be permitted to refile an application for development of the Property for one year, pursuant to Section 265-11(g) of the LDR's. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS SUCCESSORS OR ASSIGNS, AS FOLLOWS: II. INCORPORATION OF RECITALS. All recitals are incorporated into the body of this Resolution as if same were fully set forth herein. III. APPROVALS. The approvals set forth in this Section III are subject to: (A) All of the conditions set forth in this Resolution; (B) The purchase price to be paid by Applicant for the TDR's based on the appraisal accepted by the City Commission; (C) The payment to the City of a non-refundable deposit in the amount of ten percent (10%) of the approved purchase price, (the "Ten Percent Deposit") within three (3) working days of the City Commission approval of the purchase price, but in no event later than 5 p.m. on Tuesday, December 13, 2005, (D) The voluntary proffer to the City of a mitigation fee in the amount of One Million Dollars to be used for school purposes, as may be determined by the City Commission (the "Voluntary Mitigation Fee"), shall be paid to the City of Sunny Isles Beach prior to the issuance of the Building Permit for the Project;_(E) The operation of the tandem parking lifts shall be connected to a dedicated emergency generator such that in the event of a power failure the tandem parking process shall not be suspended or delayed; (F) All parking for the Project shall be by valet services only, which services shall be provided twenty-four (24) hours a day, seven (7) days per week for so long as the Project shall exist; this requirement shall be included in the recorded condominium documents for the Project; A. The Applicant's request for approval of the Property as a Receiver Site and for approval of the transfer of 2 dwelling units and 42,368 square feet of development rights from the City's TDR Bank, pursuant to Section 265-23 of the LDR's, is hereby conditionally granted, and, subject to all of the conditions outlined herein, the City Commission finds such transfer consistent with the goals, policies and objectives of the Comprehensive Plan and the expressed purpose of Section 265-23 of Code of the City of Sunny Isles Beach as amended. B. The Applicant's request for approval of the site plan submitted for the Project known as "Da Vinci" is hereby granted and said site plan is hereby approved, subject to the actual transfer of the development rights, and to all of the conditions provided this Resolution, DaVinc Reso 3 JV.)