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FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS <br />DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS <br />SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN <br />FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO <br />STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY <br />ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL <br />THESE TERMS 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herewith shall be and are hereby repealed.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 15th day of September, 2022. <br />APPROVED AS—TO FORM <br />All A FICIENCY: <br />EdvVrd A. Dion, City Attorney <br />CITY OF SUNNY ISLES BEACH, FLORIDA <br />By its City Commissi n <br />By: <br />Da obin Goldman, Mayor <br />3 <br />