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<br />F AlLURE BY THE CITY TO TIMEL Y 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 />(1) If any section, subsection, clause of provision of this Resolution is held invalid, the <br />remainder shall not be affected by such invalidity. All Resolutions or parts of resolutions <br />in conflict herewith shall be and hereby are repealed. <br /> <br />(2) This Resolution shall become effective upon adoption. <br /> <br />PASSED and ADOPTED this 19th day of November 2009. <br /> <br />CITY OF SUNNY ISLES BEACH, FLORIDA <br />By its City Commission <br /> <br /> <br />ATTEST: <br /> <br />~~ A ~~~ <br /> <br />Jane A. Hines, 'CMC, City Clerk <br /> <br /> <br />AS TO FORM <br />FFICIENCY: <br /> <br />One Nelanya Center - 323 Sunny Isles Beach Blvd. <br /> <br />6 <br />