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A. That the plans in the approval be substantially in accordance with that submitted for <br />public hearing, which are entitled "Illuminated Sign 3D Brush Aluminum Sign," prepared <br />by Artex Design Signs & Graphics, stamped received May 23, 2023, consisting of 3 sheets. <br />Plans are subject to revisions -based comments provided by zoning staff of the City of <br />Sunny Isles Beach. Plans are subject to modification. <br />B. Upon the submittal of an application for a building permit, the plans submitted shall be <br />approved by the Planning and Zoning Department and be consistent with the specific site <br />plan approved by the City Commission. Plans shall include all the required elements of <br />the site plan pursuant to the City's Land Development Regulations and recommendations. <br />Should compliance with recommendations result in a change that would not be <br />considered "minor" in accordance with Section 265-18 of the City Code; the Applicant <br />shall be required to obtain another approval of the City Commission. <br />C. Upon the submittal of an application for a building permit, the City will only issue a <br />building permit for this proposed project following written approval from the St. Tropez <br />on the Bay III Condominium Association. <br />D. That the Applicant shall pay all fees related to the review of the application described <br />herein and shall have paid all other fees due to the City. <br />E. 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 />F. 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 (5) 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, THE APPLICANT HEREBY CONSENTS TO ALL THESE <br />TERMS 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 />