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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 III <br />HEREINABOVE HAVE BEEN TRANSFERRED. <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 STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT <br />CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY <br />CONSENTS TO ALL THESE TERMS AND CONDITIONS. <br />V. AUTHORIZATION OF CITY MANAGER <br />The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. <br />VI. SEVERABILITY <br />If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any <br />reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall <br />be deemed a separate, distinct, and independent provision and such holding shall not affect the <br />validity of the remaining portions of this Resolution. <br />VII. REPEALER <br />All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed. <br />VIII. EFFECTIVE DATE <br />This Resolution shall become effective upon adoption. <br />PASSED and ADOPTED this 16th day of February, 2012. <br />CITY OF SUNNY ISLES BEACH, FLORIDA <br />By its City Commission <br />Norman S. Edelcup, <br />12 -Z- 400 Sunny Isles Boulevard 3 <br />