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<br />WHEREAS, on October 19, 2006, the City Commission conducted a public hcaring on the <br />Application; and <br /> <br />WHEREAS, the public hearing of the City Commission was advertised and held as <br />required by law, all interested parties concerned in the matter were heard, and due and proper <br />consideration was given to the matter and to the positive recommendation contained in the joint <br />memorandum from the Planning and Zoning Administrator and the Planning Consultant; and <br /> <br />WHEREAS, notice was provided to all interested parties regarding the Application; and <br /> <br />WHEREAS, the City commission reviewed the Application, the written and oral <br />recommendations of the Planning and Zoning Administrator and the Planning Consultant and all <br />outside consultants who render reports with respect to the Application, including the <br />recommended conditions, and found substantial competent evidence to support a showing by the <br />Applicant that the requests for the Receiving Site approval, transfer of development rights an site <br />plan approval are, subject to all of the conditions set forth in this Resolution, in compliance with <br />the Land Development Regulations and the Comprehensive Master Plan of the City and maintain <br />the basis intent and purpose of the zoning, subdivision or othcr land usc regulations, which is to <br />protect the general welfare of the public, particularly as it affects the stability and appearance of <br />the community. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS <br />SUCCESSORS OR ASSIGNS, AS FOLLOWS: <br /> <br />II. INCORPORATION OF RECITALS. <br /> <br />All recitals are incorporated into the body of this Resolution as if same were fully set forth herein. <br /> <br />III. APPROV ALS. <br /> <br />The approvals set forth in this Section 1II are subject to (A) All of the conditions set forth in this <br />Resolution; (B) The purchase price to be paid by Applicant for the TDR's based on an appraisal <br />to be prepared for the City; (C) The payment to the City of a deposit in the amount of <br />$103,000.00 for the purchase of one (I) TDR, subject to the conditions set forth in paragraph II <br />within three (3) working days of the City Commission approval of the zoning application, but in <br />no event later than 5 p.m. on Tuesday, October 24, 2006, <br /> <br />A. The Applicant's request for approval of the Property as a Receiver Site and for approval <br />of the transfer of 81,675 square feet and 45 dwelling units of development rights from the <br />Tract "Boo Porto Bellagio TDR Sub bank of Urbis and Key International LLLP. and 1,815 <br />square feet and I dwelling from the City's TOR Bank to the Property, pursuant to Section <br />265-23 of the LDR's, is hereby conditionally granted, and, subject to all of the conditions <br /> <br />R06-Z-104 Marilla (400 Siblvd) Tdr Rcso <br /> <br />Page 3 of 10 <br />