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<br />amount. These rights reserved by the City with respect to any construction bond <br />established pursuant to this scction are in addition to all other rights and remedies the <br />City may have under this Resolution, in law or in equity. <br /> <br />(6) That all overhead utilities adjacent to the public right-of~way on the Projcct site shall be <br />placed underground in order to insure the public safety during an evacuation procedure <br />and to insure the ability of the City to restore public utility servicc subsequcnt to a storm <br />event. <br /> <br />(7) That under grounding of utilities shall be accomplished as mandated by Section 250-09 <br />through 250-16 of the Code of the City of Sunny Isles Beach and the City Streetscape <br />Master Plan. If not otherwise funded by the Collins A venue Streetscape contribution <br />provided in Section 265-35, this shall include thc purchase, replacement and installation <br />of light polcs that conform to Streetscape Master Plan requirements. The Applicant shall <br />coordinate with the City Managcr on this issue. <br /> <br />(8) That no wall. fcnce, or visual obstruction of any kind shall be placed within 25 fcct of the <br />Collins Avenue public right of way and no such wall or fcnce shall in any way obstruct <br />the Beach Access Easement. No portion of the Beach Access Easemcnt shall be utilized <br />for vehicular access to the parking garage or to main structure loading docks. Temporary <br />fences shall abide by Section 265-58 of the Code. <br /> <br />(9) That paving within the front setback shall consist of pavers or other decorative materials <br />approved by the Building Official. Under no circumstances shall asphalt concretc or <br />plain concrete be utilized as paving in the front setback. <br /> <br />(10) That the applicant complies with Chapter 104 (Art in Public Places) of the Code of thc <br />Code of Sunny Isles Beach, as amended. <br /> <br />Other Conditions: <br /> <br />(I) That the Applicant shall obtain a Certificate of Occupancy and a Certificate of Use from <br />the City upon compliance with all terms and conditions. Thc Certificate of Occupancy <br />and Certificate of Use shall be subjcct to canccllation upon violation of any of the <br />conditions. <br /> <br />(2) That the approved site plan shall remain valid for a period of 24-months from the date of <br />approval. If no building permit is issued within the 24-month time period, thc site plan <br />shall be considered null and void and of no force and effect. Developer may request <br />extension in accordancc with Code Section 265-3(b) (6). <br /> <br />(3) That the Applicant shall comply with all City Ordinances applicable to development and <br />permit approvals. <br /> <br />(4) Failurc to pay the Tcn Pcrccnt Dcposit within thrcc days of the approval of thc purchase <br />price on November 16, 2006, but in no event later than 5 p.m. on Tuesday. November <br /> <br />R06-Z- <br /> <br />Ocean Beach Resort <br /> <br />8 <br />