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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 /> VI.AUTHORIZATION OF CITY MANAGER <br /> The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. <br /> VII. 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 All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed.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 15th day of November, 2012. <br /> CITY OF SUNNY ISLES BEACH,FLORIDA <br /> By its City Commission <br /> 1 <br /> Orman S. Edelcup, Mayor <br /> ATTEST: <br /> Jane A. Hines, CMC, City Clerk <br /> 12-Z- 16690 Collins Ave./290-330 Sunny Isles Blvd. 8 <br />