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<br />not been completed, the Applicant shall furnish a payment and performance bond in an <br />amount determined by the Building Official to ensure Applicant's performance of public <br />improvements required pursuant to the Site Plan, in accordance with recommendations of <br />the Building Official after review of construction plans submitted and based on the <br />approval provided in this Resolution. Any such bond shall be issued by a surety having a <br />minimum rating of A-I in the Best's Key Rating Guide, PropertylCasualty Edition, shall <br />be subject to the approval of the City, and shall provide that "this bond may not be <br />cancelled or allowed to lapse until 30 days after receipt by the City, by certified mail, <br />return receipt requested, of written notice from the issuer of the bond of intent to cancel <br />or not to renew". As improvements are made the City, within its discretion, may reduce <br />or eliminate the bond amount. These rights reserved by the City with respect to any <br />construction bond established pursuant to this section are in addition to all other rights <br />and remedies the City may have under this Resolution, in law or in equity. <br /> <br />C. Other Conditions <br /> <br />1. 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 <br />Certificate of Use shall be subject to cancellation upon violation of any ofthe 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. <br /> <br />3. That the Applicant shall comply with all City Ordinances. <br /> <br />4. That this Resolution and all conditions contained herein shall be binding upon Applicant, <br />its successors and/or assigns. <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), PROFESSIONAL FEES (AS PER SECTION 267.4 OF THE <br />CODE OF THE CITY OF SUNNY ISLES BEACH) AND ALL OTHER FEES DUE AND <br />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 (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 HEREBY <br />CONSENTS TO ALL THESE TERMS AND CONDITIONS. <br /> <br />Jade Resolution <br /> <br />7 <br />