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III. Other Conditions. <br /> A. That the Applicant obtains 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 Certificate <br /> of Use shall be subject to cancellation upon violation of any of the conditions. <br /> B. That the approved site plan shall remain valid for a period of 24-months from the date of <br /> the site plan modification approval. If no building permit is issued within the 24-month time <br /> period, the site plan shall be considered null and void and of no force and effect. <br /> C. That the Applicant complies with all City Ordinances, County, State and Federal Laws and <br /> Regulations applicable to development and permit approvals. <br /> NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS <br /> SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND <br /> SHALL HAVE PAID ALL IMPACT FEES, BONUSES AND PROFESSIONAL FEES (AS <br /> PER SECTION 267-4 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH) AND <br /> ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND <br /> DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO <br /> THE CITY FOR ALL TRANSFER OF DEVELOPMENT RIGHTS, OR SHALL HAVE <br /> OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE <br /> DEVELOPMENT RIGHTS AS SET FORTH HEREINABOVE HAVE BEEN <br /> TRANSFERRED. <br /> FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS <br /> DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS <br /> SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN <br /> FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO <br /> STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY <br /> ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL <br /> THESE TERMS AND CONDITIONS. <br /> Section 5. Authorization of City Manager. The City Manager is hereby authorized to do all <br /> things necessary to effectuate this Resolution. <br /> Section 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this <br /> 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 provisions and such <br /> 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 be and <br /> are hereby repealed. <br /> Section 8. Effective Date. This Resolution shall become effective upon adoption. <br /> 5 <br />