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IV. CONDITIONS. <br />CONDITIONS TO BE COMPLETED BEFORE BELOW GRADE OF BUILDING <br />PERMITS INCLUDING FOUNDATION PERMITS. ARE ISSUED OR <br />CONSTRUCTION OF ANY NATURE IS COMMENCED. <br />1. The Applicant shall submit any and all other documentation and payments required by <br />the City to effectuate the transfer of development rights and further procedures being <br />developed to effectuate this program, notwithstanding the fact that such procedures may <br />be formally adopted subsequent to this particular approval, prior to submitting for <br />building permit. <br />2. Upon the submittal of an application for a building permit, the plans submitted shall be <br />approved by the Community Development Department and be consistent with the <br />specific site plan approved by the City Commission. Plans shall include all the required <br />elements of the site plan pursuant to the City's Land Development Regulations and <br />recommendations. Should compliance with recommendations result in a change that <br />would not be considered "minor" in accordance with Section 265 -18 of the City Code; <br />the Applicant shall be required to obtain another approval of the City Commission. <br />3. That the project shall be developed substantially in accordance with the plans submitted <br />by Kobi Karp Architecture and Interior Design entitled "400 Sunny Isles Beach Marina" <br />consisting of 40 sheets dated 09.06.2012; the survey entitled "Boundary and Topographic <br />Survey" prepared by Fortin, Leavy, Skiles, Inc., consisting of 1 sheet dated of July 23, <br />2012; the Civil Plan prepared by V.S.N. Engineering, Inc. consisting of 14 sheets signed <br />and sealed 08.27.2012. Plans may be modified at public hearing. <br />4. That a plot plan be submitted to the Community Development Department for review. <br />The plot plan shall include all easements proffered by the Applicant to the City, including <br />but not limited to (i) a minimum of seven -feet (7') Bay -Walk easement along the water <br />edge of the property which connects to pedestrian walk path easements or routes located <br />on the eastern and western part of the subject project. The plot plan shall show the type <br />and size of plant materials, lighting, and outdoor furniture which shall be in compliance <br />with the Miami -Dade County Shoreline Committee Regulations. <br />5. That the Applicant submits a Declaration of Restrictions in recordable form acceptable to <br />the Community Development Department and acceptable to the City Attorney prior to <br />submittal for an application for building permit, which proffers: a minimum of seven -feet <br />(7') Bay -Walk Easement along the water edge of the property which connects to <br />pedestrian walk path easements or routes located on the eastern and western part of the <br />subject property. The maintenance of the easement shall be the responsibility of the <br />Applicant. The Declaration shall provide that the Applicant provide 24 -hour valet parking <br />services for owners and guests. The Applicant shall also include in the Declaration of <br />Restrictions the number of slips provided to non - residents and the parking spaces <br />designated for use by non - resident users of the commercial marina. The Applicant shall <br />construct the Bay -Walk easement to ensure that the Bay -Walk is able to connect with <br />adjacent Bay -Walks located on the east and west of the Applicant's property. The <br />Applicant shall not install any object or structure that obstructs the path of the Bay -Walk. <br />400 Sunny Isles Beach Marina Page 4 of 9 <br />