<br />(3) That the Project shall be developed substantially in accordance with the plan submitted
<br />for public hearing for "Trump Towers I, II, and III" and on file with the City Zoning
<br />Department, prepared by The Seiger Suarez Architectural Partnership consisting of a
<br />Tabular Data Sheet dated 5-13-05, and plans consisting of Site Plan, Floor Plans,
<br />Elevations, Landscaping, Civil, Parking Marking, Paving and Drainage, Sanitary, and
<br />Photometric plans consisting of 34 sheets sign seal dated 6-27-05, plans entitled "Master
<br />Civil Plan", prepared by EDC Corp dated 4-08-05 consisting of 6 sheets, plans entitled
<br />"Photometric Plan", prepared by Steven Feller P.E. dated 11-8-04 consisting of 7 sheets
<br />and plans entitled "Boundary Survey", prepared by Fortin, Leavy, Skiles, Inc. dated 9-2-
<br />04 consisting of 2 sheets. Plans may be modified at public hearing.
<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 not
<br />limited to (i) beach access easements exacdy as shown on the Site Plan and as represented by
<br />the Applicant to the City Commission (the "Beach Access Easement"), (ii) a ten-foot (10')
<br />landscaping streetscape easement as per the City Streets cape Master Plan (the "Streetscape
<br />Easement"), and (iii) the 10,000 square foot public oceanfront park (the "Oceanfront Park")
<br />and, if applicable, other amenities. The plot plan shall show the type and size of plant
<br />materials, which shall be in compliance with the City's Streetscape Master Plan.
<br />
<br />(5) That the Applicant shall submit a Declaration of Restrictive Covenants (the "Declaration")
<br />in 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, prior
<br />to issuance of a building permit. The Declaration shall proffer the Beach Access Easements,
<br />the landscaping Streetscape Easement, and the Oceanfront Park, and easements over, across,
<br />under and through all of these easements, all of which shall be fully accessible to the public
<br />and clearly designated, by means of signage approved in writing by the City Manager or its
<br />designee, as amenities open to all members of the public. The provision of twenty-four (24)
<br />hour valet parking services for owners and their guests shall be included in such Declaration.
<br />
<br />(6) The Declaration of Restrictive Covenants shall specify that the proffered Beach Access
<br />Easements and the Oceanfront Park shall be fully landscaped and equipped with public
<br />amenities including, but not limited to, benches and lighting (the "Public Amenities"),
<br />subject to the approval of the City Manager. The Declaration shall specify that Applicant
<br />shall provide one restroom, one shower and one footwash facility in the north Beach
<br />Access Easement and one shower and one footwash facility in the south Beach Access
<br />Easement, the design and construction of which shall be subject to the approval of the
<br />City Manager. The Applicant shall maintain all of the easement parcels, including but
<br />not limited to the Beach Access Easements, Landscaping Streetscape Easement, and
<br />Oceanfront Park, and all Public Amenities, showers, footwash facilities, and the restroom
<br />included within the easements, in perpetuity, to a standard reasonably acceptable to the
<br />City Manager.
<br />
<br />(7) That the applicant submit evidence of purchase of the required 414,207 square feet and
<br />180 units of TDRs for the approval of the City administration, which shall then, in
<br />
<br />R05-Z-94 Trump Tower
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