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<br />C. Other Conditions <br /> <br />1. 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 <br />and Certificate of Use shall be subject to cancellation upon violation of any of the <br />conditions. <br /> <br />2. That the Site Plan approval 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 />5. That all median openings are approved by the City prior to commencement and that the <br />median openings meet the requirements of the Sunny Isles Beach Median Closing Traffic <br />Study as approved by City Resolution 2003-598. <br /> <br />NO BIDLDING 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 TRANSFERREDPROFESSIONAL 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 />REGULA TIONS. <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 WITIDN 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 />V. SEVERABILITY AND EFFECTIVE DATE. <br /> <br />1. 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 />Ocean IV Final Resolution <br /> <br />7 <br />