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F. That the Applicant shall make a donation of Twenty Thousand Five Hundred Dollars and No <br />Cents ($20,500.00) to the City of Sunny Isles Beach for the purchase and installation of two <br />16' Medjool Date Palm trees, at a location or locations of the City's choosing, prior to issuance <br />of the final Certificate of Occupancy (CO) for the development project. <br />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 competent <br />jurisdiction, such portion shall be deemed a separate, distinct and independent provision and <br />such holding shall not affect the validity of the remaining potions of this Resolution. <br />Section 7. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall <br />be and are hereby repealed. <br />Section S. Effective Date. This Resolution shall become effective upon adoption. <br />PASSED and ADOPTED this ) day of August, 2024. <br />r, CMC, City Clerk <br />CITY OF SU�Y'TY 'S EoS BEACH, FLORIDA <br />By its Cit Commiss on <br />By: <br />Lansa Svechin, Mayor <br />LI <br />