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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 approved Site Plan shall remain valid for a period of twenty four (24) months <br />from the date of 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 /> <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 HA VE P AID ALL <br />IMPACT FEES, BONUSES AND PROFESSIONAL FEES (AS PER SECTION 267.4 OF <br />THE CODE OF THE CITY OF SUNNY ISLES BEACH) AND ALL OTHER FEES DUE <br />AND OWING PURSUANT TO THE APPLICALBE LAND DEVELOPMENT <br />REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO THE CITY FOR <br />ALL TRANSFER OF DEVELOPMENT RIGHTS (IF APPLICABLE), OR SHALL HAVE <br />OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE <br />DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III HEREINABOVE HAVE <br />BEEN TRANSFERRED. <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 APPRO V AL, 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in conflict herewith shall be and hereby are repealed.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 />16830 Collins A venue <br /> <br />4 <br />