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DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL IMPACT FEES, <br />BONUSES AND PROFESSIONAL FEES (AS PER SECTION 267-4 OF THE CODE OF THE CITY OF <br />SUNNY ISLES BEACH) AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE <br />LAND DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO THE CITY FOR <br />ALL TRANSFER OF DEVELOPMENT RIGHTS, OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE <br />THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH HEREINABOVE HAVE <br />BEEN TRANSFERRED. <br />FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT <br />CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, <br />DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE <br />CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS <br />MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS <br />AND CONDITIONS. <br />Section 5. Authorization of City Manager. The City Manager is hereby <br />authorized to do all things necessary to effectuate this Resolution. <br />Section 6. Severability. If any section, subsection, sentence, clause, phrase, or <br />portion of this Resolution is, for any reason, held invalid or unconstitutional by any Court of <br />competent jurisdiction, such portion shall be deemed a separate, distinct and independent <br />provisions and such holding shall not affect the validity of the remaining potions of this <br />Resolution. <br />Section 7. Repealer. All Resolutions or parts of Resolutions in conflict <br />herewith shall be and are hereby repealed. <br />Section 8. Effective Date. This Resolution shall become effective upon <br />adoption. <br />PASSED and ADOPTED this 28th day of July, 2022. <br />CITY OF SUNNY ISLES BEACH, FLORIDA <br />By its City Commission <br />By: <br />nDa a Robin Goldman, Mayor <br />ATTINT:1 I <br />Maueicio Bet4cur, CMC, City Clerk <br />n <br />