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<br />shall deliver or cause to be delivered to the City, an improved park upon the real property <br />more particular described on Exhibit "B" attached hereto' and by this reference made a <br />part hereof (the "Park Parcel"). Prior to the issuance of a building permit for the <br />construction of the Project, the Applicant will submit to the City for review and approval <br />a landscaping and buildout plan for the Park Parcel. The Applicant shall be responsible, <br />at the Applicant's sole cost and expense, for completing the construction of the <br />landscaping and buildout Park Parcel, and upon completion, the Applicant shall convey <br />or cause to be conveyed, good, marketable and insurable fee simple title to the Park <br />Parcel to the City. Thereafter, the City shall be responsible for maintaining the Park <br />Parcel and after its conveyance to the City. The deed to the Park Parcel shall provide that <br />the Park Parcel shall revert back to the Applicant or grantor upon the Park Parcel ceasing <br />to be used for public park purposes. <br /> <br />g. That the applicant submits plans which meet with the approval of the Planning and <br />Zoning Departments providing for permanent and safe access for pedestrian and <br />vehicular traffic within the development, particularly for fire, police, health and <br />sanitation and other public service personnel and vehicles. <br /> <br />h. That the applicant must present evidence of performance to the Zoning and Code <br />Administrator for the obligation required to qualify for the bonuses granted under this <br />application. Unless modified at time of hearing the applicant will be responsible for the <br />following Floor Area Ratio bonuses; beach and bay access, pedestrian safety program <br />($210,000), beach-walk, and Collins avenue setback, building amenities and for Density <br />bonuses for local mass transit ($107,000), median landscaping ($107,000), beach <br />renourishment ($107,000) and bus shelter as listed on the hearing plan. Additionally, no <br />building permit shall issue unless or until all impact fees are fully paid. <br /> <br />i. Except as otherwise provided to the contrary herein, that any Declaration of <br />Restrictive Covenants, Easement and/or any other document required to be submitted as <br />part of this approval, such documents must be furnished to the Zoning & Code <br />Administrator within 15 business days of approval by the City Commission and <br />subsequent to the lapse of the appeal period, if any. If the documents are not so <br />provided within the specified time period said approval will lapse. <br /> <br />j. That in the event of multiple ownership, a homeowners' association be established <br />in accordance with applicable regulations to assure that all common areas and facilities <br />for the use of the residents shall be maintained in continuous and satisfactory manner, <br />and without expense to the general taxpayers of the City of Sunny Isles Beach. <br /> <br />k. That the applicant complies with all conditions and requirements of the Department <br />of Environmental Resources Management (DERM), the Fire Department and the Florida <br />Department of Transportation. <br /> <br />1. That the applicant seeks to receive an approval from FDOT for any curb cuts on <br />Collins A venue. In addition the applicant must seek to secure from FDOT and MDT A a <br />bus shelter on the property to be able to take advantage of the bus shelter density bonus. <br /> <br />Resolution No. Ol-Z-58 New Beacharbour <br />LMD:ch <br />LegislationlResolutions/ Attorney <br /> <br />3 <br />