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Management "DERM"). <br />4. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from <br />the City upon compliance with all terms and conditions. The Certificate of <br />Occupancy and Certificate of Use shall be subject to cancellation upon violation of <br />any of the conditions. <br />5. That the approved site plan approval shall remain valid for a period of 60-months <br />from the date of this site plan modification approval. If no building permit is issued <br />within the 60-month time period, the site plan modification shall be considered null <br />and void and of no force and effect. <br />6. That the Applicant complies with all CityOrdinances, County, State and Federal Laws <br />and Regulations applicable to development and permit approvals. <br />7. After demolition of the existing structures, the property shall remain in a park -like <br />setting, in accordance with the Vacant Lot Maintenance Standards of Section 253- <br />6, until construction activity commences. <br />8. That the Applicant, at the commencement of construction activities, during <br />construction, and for one (1) year following the completion of construction, shall <br />employ and provide continuous vibration and subsidence monitoring on -site, as <br />applicable, and upon neighboring properties immediatelyto the north and south of <br />the site, subject to the written consent of the owners of the neighboring properties, <br />or as otherwise mutually agreed upon by the Applicant and the owners of the <br />neighboring properties. <br />9. That the Applicant shall provide vibration and subsidence monitoring data on a <br />monthly basis to the City for the sole purpose of the City making such data available <br />and accessible to the public upon request, and not for the purpose of City <br />monitoring or otherwise analyzing or acting upon such data, unless required by the <br />Florida Building Code or the City's Code of Ordinances. <br />NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS SUBMITTED ALL <br />DOCUMENTS REFERREDTO 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 PAYMENTTOTHE CITY FOR <br />ALL TRANSFER OF DEVELOPMENT RIGHTS, IN A MANNER APPROVED BY THE CITY <br />COMMISSION, OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED <br />PRIVATE DEVELOPMENT RIGHTS AS SET FORTH HEREINABOVE HAVE 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 />PZ2025-08 MB RE Investments LLC.docx Page 11 of 12 <br />