Resolution Zoning 14-Z-141 - Laserfiche WebLink

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CFN: 20170289515 BOOK 30543 PAGE 5003 years each unless an instrument signed by a majority of the, then, owners of the Property has been recorded agreeing to change, the Declaration, in whole, or in part, provided that the Declaration has first been modified or released by the City in the manner set forth in this Declaration. . 12. Modification, Amendment, Release. The Easements granted in this Declaration shall be perpetual in duration, and shall not be changed, altered or amended except by instrument in writing executed by the Owner or a majority of the then owners (however, in the case of a condominium development, the applicable condominium association shall be the authorized representative of the condominium unit owners) and the City and their respective successors and assigns, provided that the same is also approved by the City Commission after public hearing. Any ensuing operator or condominium or master owners' -association with valid authority to act on behalf of the majority of the owners of the Property may execute the amending instrument upon submission of proof of authority to act on behalf of a majority of the owners. Should this Declaration be so modified, amended or released, the City Manager or such authorized designee shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 13. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants, terms or provisions of this Declaration. The prevailing party in any action or suit, pertaining to or arising out of this Declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney at trial and appellate levels. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. 14. Authorization for Department of Building and Zoning, to Withhold Permits and Inspections. In the event of a failure to comply with the ' terms of this Declaration, in addition to any other remedies available, the City is hereby authorized to withhold any further permits and refuse to make any inspections or grant any approvals requested by the owner of the portion of the Property that is in non-compliance, until such time as the failure to comply is cured. 15. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 16. Severability. Invalidation of any one of these covenants, by judgment or Court, or law, shall in no way affect any of the other provisions of this Declaration, which shall remain in full force and effect. J�N WITNESS WHEREOF, Grantor has executed and Grantee accepts this Declaration this of 2017. G