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PER SECTION 267-4 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH) AND <br /> ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND <br /> DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO <br /> THE CITY FOR ALL TRANSFER OF DEVELOPMENT RIGHTS (IF APPLICABLE), <br /> OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED <br /> PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION IV HEREINABOVE <br /> HAVE BEEN TRANSFERRED. <br /> 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 <br /> FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO <br /> STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY <br /> ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL <br /> THESE TERMS AND CONDITIONS. <br /> VI. AUTHORIZATION OF CITY MANAGER <br /> The City Manager is hereby authorized to do all thines necessary to effectuate this Resolution. <br /> VII. 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 /> VIII. REPEALER <br /> All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed. <br /> IX. EFFECTIVE DATE <br /> This Resolution shall become effective upon adoption. <br /> PASSED and ADOPTED this 21' day of April, 2016. <br /> CITY OF SUNK ISLES BEACH, FLORIDA <br /> By its Ci ''Commission <br /> By: <br /> George . Scholl. Mayor <br /> 16-Z-_ La Playa Beach Associates, LLC 6 <br />