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<br />FAILURE BY THE CITY TO TIMELY 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 WITmN 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 TmS 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in conflict herewith shall be and hereby are repealed.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 6th day of May, 2004. <br /> <br />\~ ~ <br /> <br /> <br />, J': f^. f <br /> <br />" 1~T: ,,' ','. <br />.~~ i ,k:- ~.~ <br /> <br />Jane . Hines, City Clerk <br /> <br /> <br />D AS TO FORM <br />NCY: <br /> <br />Moved by: (1~~ IGL<tStltl'S <br />Second by: C1~~ ~RE.2IN <br /> <br />\ <br /> <br />Jade cabana resolution <br /> <br />4 <br />