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<br />(3) That the Applicant shall comply with all City Ordinances applicable to development and <br />permit approvals. <br /> <br />(4) Failure to pay the Ten Percent Deposit within three days of the approval of the purchase <br />price on October 17, 2006, but in no event later than 5 p.m. on Friday, October 20, <br />2006, shall result in an automatic voiding of the Commission approval of the Receiving <br />Site, and transfer of TDR's, site plan pursuant to Section 265-23.5(b)(2) of the TDR <br />Ordinance, each element of the Application shall be deemed denied, and Applicant shall <br />not be permitted to re-file an application for development of the Property for one year. <br /> <br />NO BUILDING PERMIT SHALL BE ISSUED (EXCEPT FOR DEMOLITION AND <br />SALES CENTER) UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS <br />REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL <br />IMPACT FEES, BONUSES AND TRANSFER OF DEVELOPMENT RIGHTS TO THE <br />CITY (IF APPLICABLE), OR OTHERWISE PRODUCED EVIDENCE THAT THE <br />PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III <br />HEREINABOVE HAVE BEEN TRANSFERRED; PROFESSIONAL FEES PURSUANT <br />TO SECTION 267 01<' CODE OF THE CITY OF SUNNY ISLES BEACH AND ALL <br />OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND <br />DEVELOPMENT REGULATIONS. <br /> <br />FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE <br />CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE <br />APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH <br />CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY <br />RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT <br />CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT <br />HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. <br /> <br />V. SEVEnAHlLITY AND EFFECTIVE DATE. <br /> <br />I. If any section, subsection, clause of provision of this Resolution is held invalid, the <br />remainder shall not be affected by such invalidity. All Resolutions or parts of <br />resolutions in conflict herewith shall be and hereby are repealed. <br /> <br />2. This Resolution shall become effective upon adoption. <br /> <br />R06.Z.103 Ocean Palm-Chi (15795 Collins) Tdr Reso <br /> <br />Page 8 of 10 <br />