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A. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the <br />City upon compliance with all terms and conditions. The Certificate of Occupancy and <br />Certificate of Use shall be subject to cancellation upon violation of any of the conditions. <br />B. That the approved site plan shall remain valid for a period of 24 -months from the date of <br />the site plan modification approval. If no building permit is issued within the 24 -month <br />time period, the site plan shall be considered null and void and of no force and effect. <br />C. That the Applicant complies with all City Ordinances, County, State and Federal Laws and <br />Regulations applicable to development and permit approvals. <br />NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS SUBMITTED ALL <br />DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL IMPACT FEES, <br />BONUSES AND PROFESSIONAL FEES (AS PER SECTION 267-4 OF THE CODE OF THE CITY OF <br />SUNNY ISLES BEACH) AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE <br />LAND DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO THE CITY FOR <br />ALL TRANSFER OF DEVELOPMENT RIGHTS, OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE <br />THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH HEREINABOVE HAVE <br />BEEN TRANSFERRED. <br />FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT <br />CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, <br />DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (S) DAYS AFTER WRITTEN NOTICE, THE <br />CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS <br />MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS <br />AND CONDITIONS. <br />Section 5. Authorization of City Manager. The City Manager is hereby authorized to do all <br />things necessary to effectuate this Resolution. <br />Section 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this <br />Resolution is, for any reason, held invalid or unconstitutional by any Court of competent <br />jurisdiction, such portion shall be deemed a separate, distinct and independent provisions and <br />such holding shall not affect the validity of the remaining potions of this Resolution. <br />Section 7. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and <br />are hereby repealed. <br />Section 8. Effective Date. This Resolution shall become effective upon adoption. <br />PASSED AND ADOPTED this 16th day of December 2021. <br />Dana Robin Goldman, Mayor <br />Zoning Reso Balcony Enclosure Acqualina Residences 4806 Page 5 of 6 <br />