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<br />" . <br /> <br />,') <br /> <br />:) <br /> <br />7. Pedestrian Crosswalk. Buyers agree to use commercially reasonable efforts and COOperate with <br /> <br /> <br />the City to petition and effectuate subject to FDOT approval for a pedestrian cross walk and pedestrian <br /> <br /> <br />traffic signal linking the East and West sides of Collins Avenue between the Property and the City of <br /> <br /> <br />Sunny Isles Beach Govemment Center. Notwithstanding the foregoing, any delays in the issuance of the <br /> <br />Building Permit due to any FDOT approvals shall not be deemed a default or delay on the part of Buyers <br /> <br /> <br />and the time frames as set forth in the this Agreement for Purchase and Sale relating to the application <br /> <br /> <br />and approval of a Building Permit shall be extended accordingly unless and until such time as approval <br /> <br /> <br />is issued by FOOT in support of such Building Permit. In the event that Seller determines not to petition <br /> <br /> <br />FOOT for approval of a pedestrian cross walk, the time frames set forth in this Agreement for Purchase <br />and Sale shall be complied with. <br /> <br />8. Waiver of Permit Fees and Donation of "TDRs". In order to facilitate the development of the <br /> <br />Project, Seller agrees to waive any building permit fees for the Project, except for fees imposed by other <br /> <br />governmental agencies. Upon the approval of the City Commission which shall be given upon the <br /> <br />acceptance and approval of this Agreement for Purchase and Sale, the City agrees to donate, without <br /> <br />charge, 33,750 square feet of Transfer ofOevelopment Rights ("TORs") to facilitate the development of <br /> <br /> <br />the Project. The 33,750 square feet ofTDRs shall only be used for the Project and shall not be used for <br /> <br /> <br />any other property or proposed development. Furthermore, if Buyers fail to close after Final Site Plan <br /> <br />Approval, as defined in this Agreement, the City's donation of33,750 square feet of TORs shall be null <br /> <br />and void. This provision shall survive Closing. <br /> <br />9. Closing Costs. <br /> <br />Closing Costs. The parties shall bear the following costs: <br /> <br />(a) Buyers shall be responsible for (i) the recording cost of the Deed, (iilthe cost of <br />the Survey (if obtained by Buyers), (iii) the cost of the Commitment and the premium for the Title <br />Policy obtained by Buyers. <br /> <br />" <br /> <br /> <br />5 of 17 <br /> <br />....,.:, <br />