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<br />(8) That paving within the front setback shall consist of pavers or other decorative materials <br />approved by the Building Official. Under no circumstances shall asphalt concrete or plain <br />concrete be utilized as paving in the front setback. <br /> <br />(9) That the applicant complies with Chapter 104 (Art in Public Places) of the Code of the <br />Code of Sunny Isles Beach, as amended. <br /> <br />Other Conditions: <br /> <br />(I) That the Applicant shall obtain a Certificate of Occupancy and a Certificate of Use from <br />the 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 permit is issued within the 24-month time period, the site plan <br />shall be considered null and void and of no force and effect. Developer may request <br />extension in accordance with Code Section 265-3(b) (6). <br /> <br />(3) That the Applicant shall comply with all City Ordinances applicable to development and <br />permit 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 DEVELOPMENT 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 />FAILunE 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 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 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 of resolutions <br />in conflict herewith shall be and hereby are repealed. <br /> <br />Epicure Reso Z2Q06-06 <br /> <br />Page 90fll <br />