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Ms. Claudia Hasbun <br /> November 3, 2015 <br /> Page 2 of 3 <br /> extension to pull a building permit after the expiration of the 24 month <br /> time timeframe. In other words, the Applicant would have a total time of <br /> 72 months to pull a building permit. Please be advised that a similar <br /> request was recently approved by the City Commission for the Palazzo di <br /> Acqualina development. <br /> • The Applicant will make a new request number 6, requesting a 25% <br /> decrease in building separation from 100 feet to 75 feet as permitted in <br /> Section 265-35(D)(5) of the LDRs. Enclosed with our resubmittal is a <br /> letter from the project's architect supporting the requested decrease in <br /> building separation explaining ways to minimize impact of the distance <br /> reduction. <br /> • As discussed at the DRC, the Applicant will file a separate request to <br /> remove and relocate the existing beach access on the Property. <br /> • The Applicant intends to provide a beautiful piece of artwork on the <br /> Property once the development is completed. However, at this time, the <br /> artwork has not been selected. In accordance with Section 104-4.4 of the <br /> City's Code of Ordinances (the "City Code"), the artwork will be valued <br /> at one percent of the estimated construction costs, but not to exceed the <br /> sum of$500,000.00, and the Applicant will agree to pay the ten percent <br /> nonrefundable deposit within three working days of the date of City <br /> Commission approval of the application. This nonrefundable deposit shall <br /> be considered a credit against the total value of the artwork provided on <br /> the Property. Notwithstanding the foregoing, if for some reason artwork is <br /> not provided on the Property, the Applicant will agree to the payment in <br /> lieu of artwork requirement as provided in the City Code. <br /> • Therefore, pursuant to Section 104-4.4 of the City's Code of Ordinances, <br /> the Applicant will agree to pay one percent of estimated construction costs <br /> of the development project, not exceeding the sum of$500,000.00 and the <br /> ten percent nonrefundable deposit, which shall be paid within three <br /> working days of the date of City Commission approval of the application. <br /> Once the artwork is selected, the ten percent nonrefundable deposit, shall <br /> be shall be considered a credit against the total value of the artwork. <br /> • The Applicant intends for this development to be a phased project. It is <br /> proposed that Phase I of the development will be the construction of the <br /> southern portion of the Property. However, the Applicant reserves the <br /> right to modify this phasing based on market conditions and demands. <br /> The sales center currently located on the northern portion of the Property <br /> will continue to stay on the Property until construction starts on Phase II <br /> of the development. The estimated construction scheduled has been <br /> provided as a part of the resubmittal. <br /> WEISS SEROTA HELFMAN <br /> COLE & BIERMAN, P.L. <br />