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<br />elements of the site plan pursuant to the City's Land Development Regulations and <br />recommendations, Should compliance with recommendations result in a change that <br />would not be considered "minor" in accordance with Section 265-18 of the City Code, <br />the Applicant shall be required to obtain another approval of the City Commission, <br /> <br />(2) That the project shall be developed substantially in accordance with the plans submitted <br />for public hearing, Plans are on file and may be examined in the Planning and Zoning <br />Department for Proposed One Story Building as prepared by Mario Rumiano, Architect. <br />consisting of two sheets (A-O, A-I). dated July 8, 2008, and stamp rcceived on January 8. <br />2009, <br /> <br />(3) All conditions approved under Resolution No. 08-Z-1l4. adopted on November 18. 2008, <br />shall be applicablc, <br /> <br />(4) That the Applicant complies with the requirements of Chapter 104 better known as the <br />Art in Public Places guidelines, by paying the City $5,000.00 (five thousand dollars) <br />upon the issuance a building permit. <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 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 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 Rcsolutions or parts of resolutions <br />in contlict herewith shall be and hereby are repealed, <br /> <br />(2) This Resolution shall become effective upon adoption, <br /> <br />16X.10 Co/hns Avenue <br /> <br />.., <br />-' <br />