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<br />(2) That the sale of spirits will only be permitted during store operation or as outlined under <br />Chapter 98.5 of the City of Sunny Isles Beach Code whichever is more restrictive. That <br />the Applicant shall submit for approval by the City Manager or designee a security <br />lighting plan that will ensure adequate lighting within the parking areas of the Applicant's <br />business. The lighting plan shall be submitted within five (5) days of approval of this <br />application. <br /> <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 WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY <br />RETAINS THE RIGHT TO REVOKE THE CONDITIONAL USE APPLCIA TION, IF <br />NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING UNDER THIS <br />APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND <br />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in conflict herewith shall be and hereby are repealed.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 18th day of November 2008, <br /> <br />CITY OF SUNNY ISLES BEACH, FLORIDA <br />By its City Commission <br /> <br />j <br /> <br /> <br />By: <br /> <br />ATTEST: <br />~~,A~ <br /> <br />Jane,A. Hines, CMC, City Clerk <br /> <br />17190 Jerry's Famous Deli <br /> <br />4 <br />