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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 authorized to <br />do all things necessary to effectuate this Resolution. <br />Section 6. Severability. If any section, subsection, sentence, clause, phrase, or portion <br />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 />provision 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 herewith shall <br />be and are hereby repealed. <br />Section 8. Effective Date. This Resolution shall become effective upon adoption. <br />PASSED and ADOPTED this F �41day of June, 2023. <br />CITY OF NNY IS S BEACH, FLORIDA <br />n4, By its t Commi ion <br />1 1 yF <br />Of j.t <br />By: <br />E x Larisa Svechin, Mayor <br />/yr •. +F 7a <br />A A, <br />Mauricio Beikancur, CMq, City Clerk <br />APPROVED AS TO FORM <br />AND LEGAL SUFFICIENCY: <br />c. <br />Alain E. Boileau for Nabors, Giblin <br />& Nickerson, P.A., City Attorney <br />n <br />