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<br />Other Conditions: <br /> <br />I. That the Applicant shall obtain 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 /> <br />2. That the approved site plan shall remain valid for a period of 24-months from the date of <br />approval. If no building pertuit is issued within thc 24-month time period, the site plan shall <br />be considered null and void and of no force and effect. <br /> <br />3. That the Applicant shall comply with all City Ordinances applicable to development and <br />pertuit approvals. <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 DEVELOI'MENT RIGHTS AS SET FORTH IN SECTION III <br />HEREINABOVE HAVE BEEN TRANSFERRED PROFESSIONAL FEES SECTION 267 <br />OF CODE OF THE CITY OF SUNNY ISLES BEACH AND ALL OTHER FEES DUE <br />AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT <br />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 (S) DAYS AFTER WRITTI~N NOTICE, THE CITY <br />RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT <br />CONDITION IS MET. BY ACTING UNDER THIS API'ROV AL, APPLICANT HEREBY <br />CONSENTS TO ALL THESE TERMS AND CONDITIONS. <br /> <br />V. SEVERABILITY 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 ofresolutions <br />in conflict herewith shall be and hereby are repealed. <br /> <br />2. This Resolution shall become effective upon adoption. <br /> <br />R06-Z-104 Marina (400 Siblvd) Tdr Reso <br /> <br />Page 8 of 10 <br />