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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 />VI. AUTHORIZATION OF CITY MANAGER AND CITY ATTORNEY <br />The City Manager and City Attorney are hereby authorized to do all things necessary to <br />effectuate this Resolution. <br />VIL SEVERABILITY <br />If any section, subsection, sentence. clause. phrase. or portion of this Resolution is. for any <br />reason. held invalid or unconstitutional by any Court of competent jurisdiction. such portion shall <br />be deemed a separate. distinct, and independent provision and such holding shall not affect the <br />validity of the remaining portions of this Resolution. <br />VIII. REPEALER <br />All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed. <br />IX. EFFECTIVE DATE <br />This Resolution shall become effective upon adoption. <br />PASSED and ADOPTED this 17th day of October 2013. <br />CITY OF SUNNY ISLES BEACH, FLORIDA <br />By its City Commission <br />B y: <br />p orman S. Edelcup, Mayor <br />Jane\A' Hines. MMC, City Clerk <br />13 -Z -1 =1 St. Ttopez on the Bay: Phases 11 and III 7 <br />