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<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 TillS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL <br />THESE TERMS AND CONDITIONS. <br /> <br />III. SEVERABILITY AND EFFECTIVE DATE. <br /> <br />I. 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 in <br />conflict herewith shall be and hereby are repealed. <br /> <br />2. This Resolution shall become effectivc upon adoption. <br /> <br />PASSED and ADOPTED this 151h day of February, 2007. <br /> <br />CITY OF SUNNY ISLES BEACH, FLORIDA <br />By its City Commission <br /> <br />::J <br /> <br /> <br />ATTEST: <br /> <br />~~ ~~L <br /> <br />Jane A. Hines, C:MC, City Clerk <br /> <br /> <br />R07.2. Porter House <br /> <br />3 <br />