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<br />4. Pursuant to Section 267-4 of the Code of the City of Sunny Isles Beach, at the time of <br />submission of any application or thereafter, it is requircd that an escrow account be <br />established, from which withdrawals shall be made to reimburse the City for the cost of <br />professional review services, if any. The Applicant shall then provide funds to the City <br />for deposit into such account in an amount to bc determined by the City Manager, based <br />on his/her evaluation of the nature and complexity of the application. The Applicant <br />shall be provided with copies of any City voucher for such services as they are submitted <br />to the City. When the balance in such escrow is reduced to one-third (1/3) of its initial <br />amount, the Applicant shall deposit additional funds into such account to bring its <br />balance up to the amount of the initial deposit. If such account is not replenished within <br />thirty-days (30) after the Applicant is notified, in writing, of the requirements for such <br />additional deposit, the City may suspend its review of the application. An application <br />shall be deemed incomplete if any amount shall be outstanding. A building permit or <br />Certificate of Use and Occupancy shall not be issued unless all professional review fees <br />charged in connection with the applicant's project havc been reimbursed to the City. <br />Once all pertinent charges have been paid, the City shall refund to the Applicant any <br />funds remaining on deposit. <br /> <br />5. That Applicant shall furnish payment and performance bond in an amount determined by <br />the Building Official to ensure Applicant's performance of public improvements required <br />pursuant to site plan approval and in accordance with recommendations of the Building <br />Official after review of construction plans submitted based on development approval <br />granted herein. Any such bond shall be issued by a surety having a minimum rating of A-] <br />in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval <br />of the City, and shall provide that "this bond may not be cancelled or allowed to lapse until <br />30 days after receipt by the City, by certified mail, return receipt requested, of written <br />notice from the issuer of the bond of intent to cancel or not to renew". As improvements <br />are made the City, within its discretion, may reduce or eliminate the bond amount. These <br />rights reserved by the City with respect to any construction bond established pursuant to <br />this section are in addition to all other rights and remedies the City may have under this <br />Resolution, in law or in equity. <br /> <br />6. That all overhead utilities adjaccnt to the public right-of-way on the Projcct site shall be <br />placed underground in order to insure that public safety during an evacuation and to insure <br />the ability of thc City to restore public utility service subsequent to a storm evcnt in <br />accordance to Section 250-09 of the City of Sunny Isles Beach Code. The under grounding <br />of utilities shall bc accomplished as mandated by Section 250-09 through 250-16 of the <br />Code of the City of Sunny Isles Beach and the City Streetscape Master Plan. <br /> <br />7. That the Applicant complies with Chapter 104 (Art in Public Places) of the Code of the <br />City of Sunny Isles Beach, as amended. <br /> <br />R06-Z-104 Marilla (400 Siblvd) Tdr Rcso <br /> <br />Page 7 of]O <br />