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shall be required to obtain another approval of the City Commission. <br />2. That the approved site plan shall remain valid for a period of 12 -months from the date of <br />the site plan modification approval. If no building permit is issued within the 12 -month <br />time period, the site plan shall be considered null and void and of no force and effect. <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 FEES DUE <br />AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULATIONS. <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, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS <br />AND CONDITIONS. <br />Section 5. Authorization of City Manager. The City Manager is hereby authorized to <br />do all things necessary to effectuate this Resolution. <br />Section 6. Severability. If any section, subsection, sentence, clause, phrase, or portion <br />of this 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 provision 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 <br />be and are hereby repealed. <br />Section 8. Effective Date. This Resolution shall become effective upon adoption. <br />PASSED and ADOPTED this qday of April, 2023. <br />Mauricio'Betancurt CMC, City Clerk <br />CITY OF S MNY ISL BEACH, FLORIDA <br />By its Cit Commis on <br />By: <br />Larisa Svechin, Mayor <br />3 <br />