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HAVE BEEN ASSIGNED OR PROFESSIONAL FEES SET FORTH IN SECTION 267 OF THE <br />CODE OF THE CITY OF SUNNY ISLES BEACH AND ALL OTHER FEES DUE AND OWING <br />PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULATIONS HAVE BEEN <br />PAID. 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 FIVE (5) <br />DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP <br />CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING <br />UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND <br />CONDITIONS. NOTWITHSTANDING THE FOREGOING, A BUILDING PERMIT MAY BE <br />ISSUED IF THE CITY AGREES TO A DIFFERENT PAYMENT PLAN FOR BONUSES AND <br />TDRS. <br />VI. SEVERABILITY <br />If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, <br />held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be <br />deemed a separate, distinct, and independent provision and such holding shall not affect the validity <br />of the remaining portions of this Resolution. <br />VH.REPEALER <br />All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed. <br />VIII. EFFECTIVE DATE <br />This Resolution shall become effective upon adoption. <br />PASSED and ADOPTED this 10th day of May, 2012. <br />CITY OF SUNNY ISLES BEACH, FLORIDA <br />By its City Commission <br />By: <br />Norma Edelcup, Mayor <br />A. Piles, CMC, City Clerk <br />12 -Z - -- 18555 Collins Avenue <br />