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<br />One Netanya Centre <br /> <br />reimbursed to the City. Once all pertinent charges have been paid, the City shall refund to the <br />Applicant any funds remaining on deposit. <br /> <br />(5) That Applicant shall furnish payment and performance bond in an amount determined by the <br />Building Official to ensure Applicant's performance of public improvements required pursuant to <br />site plan approval and in accordance with recommendations of the Building Official after review of <br />construction plans submitted based on development approval granted herein. Any such bond shall <br />be issued by a surety having a minimum rating of A-I in the Best's Key Rating Guide, <br />PropertylCasualty Edition, shall be subject to the approval of the City, and shall provide that "this <br />bond may not be cancelled or allowed to lapse until 30 days after receipt by the City, by certified <br />mail, return receipt requested, of written notice from the issuer of the bond of intent to cancel or not <br />to renew". As improvements are made by the City, within its discretion, may reduce or eliminate the <br />bond amount. These rights reserved by the City with respect to any construction bond established <br />pursuant to 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 under grounding of utilities shall be accomplished as mandated by Section 250-09 through <br />250-16 of the Code of the City of Sunny Isles Beach and the City Streetscape Master Plan. If not <br />otherwise funded by the Collins A venue Streetscape contribution provided in Section 265-35, this <br />shall include the purchase, replacement and installation of light poles that conform to Streetscape <br />Master Plan requirements. <br /> <br />(7) That paving within the front setback shall consist of pavers or other decorative materials approved <br />by the Building Official. Under no circumstances shall asphalt concrete or plain concrete be <br />utilized as paving in the front setback. <br /> <br />(8) That the Applicant complies with Chapter 104 (Art in Public Places) of the Code of Sunny Isles <br />Beach, as amended. <br /> <br />Other Conditions: <br /> <br />(1) That the Applicant shall obtain a Certificate of Occupancy and a Certificate of Use from the City <br />upon compliance with all terms and conditions. The Certificate of Occupancy and Certificate of <br />Use shall be subject to cancellation upon violation of any of the conditions. <br /> <br />(2) That the approved site plan shall remain valid for a period of 24-months from the date of approval. <br />If no building permit is issued within the 24-month time period, the site plan shall be considered <br />null and void and of no force and effect. Developer may request extension in accordance with Code <br />Section 265-3(b) (6). <br /> <br />(3) That the Applicant shall comply with all City Ordinances applicable to development and permit <br />approvals. <br /> <br />(4) The Applicant shall comply with the City Ordinance 2009-336 as it relates to installation of carbon <br />monoxide monitors to sensor the ventilation systems of carbonize monoxide from the enclosed <br />parking. <br /> <br />Z2009-04/CH <br /> <br />9 <br />