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incomplete if any amount shall be outstanding. A building permit or Certificate of <br />Use and Certificate of Occupancy shall not be issued unless all professional review <br />fees charged in connection with the Applicant's project have been reimbursed to <br />the City. Once all pertinent charges have been paid, the City shall refund to the <br />Applicant any funds remaining on deposit. <br />5. That the Applicant shall furnish a payment and performance bond in an amount <br />determined by the Building Official to ensure Applicant's performance of public <br />improvements required pursuant to site plan approval and in accordance with <br />recommendations of the Building Official after review of construction plans <br />submitted based on development approval granted herein. Any such bond shall be <br />issued by a surety having a minimum rating of A-1 in the Best's Key Rating Guide, <br />Property/Casualty Edition, shall be subject to the approval of the City, and shall <br />provide that "this bond may not be cancelled or allowed to lapse until 30 days after <br />receiptby the City, by certified mail, return receipt requested, of written notice from <br />the issuer of the bond of intent to cancel or not to renew". As improvements are <br />made, the City, within its discretion, may reduce or eliminate the bond amount. <br />These rights reserved by the Citywith respect to any construction bond established <br />pursuant to this section are in addition to all other rights and remedies the City may <br />have under this Resolution, in law or in equity. <br />C. Other Conditions: <br />1. That in the event of multiple ownership, a homeowner's association be established <br />in accordance with applicable regulations to assure that all common areas and <br />facilitiesfor the residents, as well as all easements dedicated to the City, shall be <br />maintained in continuous and satisfactory manner and without expense to the City <br />of Sunny Isles Beach. <br />2. That the Applicant, during construction, shall provide a perimeter scaffolding, catch <br />platform system or construction safeguards, intended to prevent people, materials, <br />debris, concrete spillage, dust, paint, construction material etc. from falling to <br />private and public property. The Applicant shall implement a catch platform or <br />construction safeguard to be installed at no less than two story below the active <br />work zone level. If multiple level are active work zones, multiple catch platform shall <br />be installed. The Applicant shall be responsible for decreasing and preventing <br />materials, debris, concrete spillage, dust, paint, construction material etc. from <br />falling onto private and public property. <br />3. All sand excavated from the property including sand from the western side of the <br />Coastal Construction Control Line ("CCCL") shall be cleaned and shall remain on the <br />beach for re -nourishment purposes in a location within Sunny Isles Beach and <br />approved by Miami -Dade County Regulatory and Economic Resources ("RER") <br />(formerly Miami -Dade County Department of Environmental Resources <br />PZ2025-08 MB RE Investments LLC.docx Page 10 of 12 <br />