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<br />plans prepared by Witkin Design Group consisting of 3 sheets dated stamped <br />received 6/29/99. <br /> <br />c. That the use be established and maintained in accordance with the approved plans. <br /> <br />d. That the applicant submit to the Building Official for its review and approval a <br />landscaping plan which indicates the type and size of plant material prior to the <br />issuance of a building permit and to be installed prior to the issuance of a Certificate <br />of Use and Occupancy. <br /> <br />e. That a recordable agreement be submitted to and meet with the approval of the <br />Building Official providing for permanent and safe access for pedestrian and <br />vehicular traffic within the property, particularly for fire, police and other public <br />service personnel and vehicles. Such agreement shall be executed by the property <br />owners and any and all parties having an interest in the land, such as mortgages, etc. <br />and its improvements. <br /> <br />f. That the applicant comply with all conditions and requirements ofthe Department of <br />Environmental Resources Management (DERM), the Fire Department and the <br />Florida Department of Transportation. <br /> <br />g. That the applicant voluntarily proffer a Declaration of Restrictions and Unity of Title <br />acceptable to the Building Official providing the transfer of property rights from the <br />parcel on the east side of North Bay Road to the parcel west of North Bay Road and <br />the east parcel is to be use solely as accessory uses (recreation use as per approved <br />plan) for the apartment development. The Declaration of Restrictions and Unity of <br />Title may be released only through a public hearing. <br /> <br />h. That the applicant voluntarily proffer a Covenant acceptable to the Zoning Code <br />Administrator to provide as follows: <br /> <br />(i) Applicant will continue the City's North Bay Road landscape and right-of- <br />way beautification design along both sides and center median of realignment <br />road in accordance with the site plans submitted as of the date of the hearing <br />and subject to approval by the City relating to appropriate traffic signage. <br />(ii) Applicant shall provide a storm water drainage system in the realigned right- <br />of-way of North Bay Road. <br />(iii) Applicant will design and donate a linear park to be completed, in accordance <br />with approved plans, and as per city approved landscape lighting. Said linear <br />park shall be accessible to the public via a five-foot (5') public easement <br />dedicated to the City on the westerly side of the park. The park will be <br />maintained by the City, provided however, the Applicant agrees to construct a <br />boardwalk the length of the linear park, or, in lieu of said construction, shall <br />provide a donation to the City in the amount of $50,000.00 in order to allow <br /> <br />LMD:ch 07/06/00.3:37 PM <br />Res. 99-Z-35; 17070 Collins Ave. Shopping Cntr. <br /> <br />Page 5 <br /> <br />5 <br />