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PRODUCED EVIDENCE THA T THE PERMITTED PRIV ATE DEVELOPMENT <br />RIGHTS AS SET FORTH IN SECTION III HEREIN ABOVE HAVE BEEN <br />TRANSFERRED PROFESSIONAL FEES PURSUANT TO SECTION 267 OF THE <br />CODE OF THE CITY OF SUNNY ISLES BEACH AND ALL OTHER FEES DUE AND <br />OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULATIONS. <br /> <br />FAILURE 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. AUTHORIZATION OF CITY MANAGER <br /> <br />The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. <br /> <br />VI. SEVERABILITY <br /> <br />If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any <br />reason, held invalid or unconstitutional by any COUl1 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 /> <br />VII. REPEALER <br /> <br />All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed. <br /> <br />VIII. EFFECTIVE DATE <br /> <br />This Resolution shall become effective upon adoption. <br /> <br />PASSED and ADOPTED this 22nd day of December, 2011. <br /> <br />CITY OF SUNNY ISLES BEACH, FLORIDA <br />By its City Commission <br /> <br /> <br />11-2- 17749 Collins Avenue <br /> <br />7 <br />