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<br />City hereunder shall be maintained in a continuous and satisfactory manner, without <br />expense to the general taxpayers of the City of Sunny Isles Beach. A copy of this <br />Resolution shall be recorded at the expense of the Applicant, the original of the recorded <br />Resolution shall be delivered to the City, and a copy of this Resolution and other <br />recorded documents shall be included in any condominium documents recorded for this <br />project. <br /> <br />10. No building permits shall be issued (except for demolition and sales trailers) unless the <br />Applicant has submitted all documents required under this approval and shall have paid <br />all impact fees, bonuses and Transfer of Development Rights, and all professional fees <br />(as per Chapter 267 of the Code of the City of Sunny Isles Beach) have been paid. <br /> <br />11. That the Applicant has agreed to transfer the ownership of the off-site parking lot, which <br />is located on 185!h Street and Atlantic Avenue in the Golden Shores Neighborhood, to the <br />City for park purposes pursuant to the City's Transfer of Development Rights Ordinance <br />("TDRs Ordinance"), subject to the terms thereof. Upon approval of the Application, the <br />off-site parking, which is identify by folio No. 31-22020060010, shall be designated as a <br />sender site. As a condition of approval of this application, the Applicant agrees to prepare <br />and file all necessary paperwork to effectuate the transfer of legal title of the off-site <br />parking lot to the City prior to the issuance of building permit for the project commonly <br />known as Fairmont, Turnberry Isle Ocean Resort Hotel and Residences. Upon the <br />transfer of legal title to the City, the City shall deposit at least 8 units and 22,000 square <br />feet of the TDRs into a TDR bank account held by the City on behalf of the Applicant. <br />Notwithstanding any other provision in the City Code, withdrawals of TDRs from the <br />Applicant's account must occur no later than six (6) years from the date the TDRs are <br />deposited in the Applicant's account. If the current Beach Club ceases operation prior to <br />the issuance of a building permit, the Applicant agrees to discontinue the use of the off- <br />site parking lot as a parking lot for any purpose. The Applicant further agrees to maintain <br />the off-site parking lot in good condition prior to the issuance of the permit or transfer of <br />legal title to the City. <br /> <br />12. Pursuant to Section 267-5 of the Code of Sunny Isles Beach, at the time of submission of <br />any application or thereafter, it is required that an escrow account be established, from <br />which withdrawals shall be made to reimburse the City for the cost of professional review <br />services, if any. The Applicant shall then provide funds to the City for deposit into such <br />account in an amount to be determined by the City Manager, based on his/her evaluation <br />of the nature and complexity of the application. The Applicant shall be provided with <br />copies of any City voucher for such services as they are submitted to the City. When the <br />balance in such escrow is reduced to one-third (1/3) of its initial amount, the Applicant <br />shall deposit additional funds into such account to bring its balance up to the amount of <br />the initial deposit. If such account is not replenished within thirty-days (30) after the <br />Applicant is notified, in writing, of the requirements for such additional deposit, the City <br />may suspend its review of the application. An application shall be deemed incomplete if <br />any amount shall be outstanding. A building permit or Certificate of Use and Occupancy <br />shall not be issued unless all professional review fees charged in connection with the <br /> <br />Z2007-04 Fairman!, TlIrnbcrry. . Final <br /> <br />5 <br />