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<br />2. That the Property be developed substantially in accordance with the plan previously <br />submitted for public hearing for "Ocean IV," and on file, entitled "Boundary Survey", <br />prepared by Fortin, Leavy, Skiles, Inc., dated revised 5/27/03 and plans entitled "Ocean <br />Four", prepared by The Sieger Suarez Architectural Partnership consisting of 27 sheets <br />dated revised 3/15104 and plans entitled "Master Site Civil", prepared by EDC Corp., <br />consisting of 4 sheets dated signed and sealed 3/18/04, and plan entitled "Photometric <br />Site Plan", prepared by PES Mechanical and Electrical Engineer dated, signed and sealed <br />8/18/03. <br /> <br />3. That upon the submittal of an application for a building permit, the plans submitted shall <br />meet with the approval of the Planning and Zoning Administrator and shall be consistent <br />with the specific Site Plan approved by the City Commission. Plans shall include all the <br />required elements of the Site Plan pursuant to the City's Land Development Regulations <br />and recommendations and these conditions. Should compliance with these conditions <br />and recommendations result in a change that would not be considered "minor" in <br />accordance with Section 265-18 (I) Code of the City of Sunny Isles Beach, the Applicant <br />shall be required to obtain another approval by the City Commission. <br /> <br />4. That a plot plan be submitted to the Planning and Zoning Administrator, Landscape <br />Architect and Planning Consultant including their in-house experts, for their review. The <br />plot plan shall include all easements proffered by the Applicant to the City, including but <br />not limited to (i) a beach access easement exactly as shown on the Site Plan and as <br />represented by the Applicant to the City Commission (the "Beach Access Easement"), <br />(ii) a ten-foot (10') landscaping streetscape easement as per the City Streetscape Master <br />Plan (the "Streetscape Easement"), and (iii) the 10,000 square foot public oceanfront park <br />(the "Oceanfront Park") and, if applicable, other amenities. The plot plan shall show the <br />type and size of plant materials, which shall be in compliance with the City's Streetscape <br />Master Plan. <br /> <br />5. That the Applicant submit a Declaration of Restrictive Covenants (the "Declaration") in <br />recordable form, in accordance with the provisions of Section 265-23.7.1(e) of the Code <br />of the City of Sunny Isles Beach, acceptable to the Planning and Zoning Administrator, <br />prior to submittal of an application for a building permit. The Declaration shall proffer <br />the Beach Access Easement, the landscaping Streetscape Easement, and the Oceanfront <br />Park, and easements over, across, under and through all of these easements, all of which <br />shall be fully accessible to the public and clearly designated, by means of signage <br />approved in writing by the City Manager or its designee, as amenities open to all <br />members of the public. The provision of twenty-four (24) hour valet parking services for <br />owners and their guests shall be included in such Declaration. <br /> <br />6. The Declaration shall specify that the proffered Beach Access Easement and the <br />Oceanfront Park, shall be fully landscaped and equipped with public amenities including, <br />but not limited to, benches and lighting (the "Public Amenities"). The Applicant shall <br />maintain all of the easement parcels, including but not limited to the Beach Access <br /> <br />Ocean IV Final Resolution <br /> <br />3 <br />