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Declaration of Restrictions <br /> Page 2 <br /> (Space reserved for Clerk) <br /> (4) Term. This Declaration is to run with the land and shall be binding on all parties and all <br /> persons claiming under it for a period of thirty (30) years from the date this Declaration is <br /> recorded after which time it shall be extended automatically for successive periods of ten (10) <br /> years each, unless an instrument signed by the, then, owner(s)of the Property, in accordance with <br /> paragraph 5 below, has been recorded agreeing to change the covenant in whole, or in part, <br /> provided that the Declaration has first been modified or released by the City. <br /> (5) Modification, Amendment, Release. This Declaration may be modified, amended or <br /> released as to the land herein described, or any portion thereof, by a written instrument executed <br /> by the,then,owner(s) of all of the Property, including joinders of all mortgagees, if any,provided <br /> that the same is also approved by the City Commission after public hearing. <br /> Should this Declaration be so modified, amended or released, the Director of the City <br /> Department of Community Development, or the executive officer of the successor of such <br /> Department, or in the absence of such director or executive officer by his assistant in charge of <br /> the office in his absence, shall forthwith execute a written instrument effectuating and <br /> acknowledging such modification, amendment or release. <br /> (6) Enforcement. Enforcement shall be by action against any parties or person violating, or <br /> attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or <br /> arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements <br /> allowed by law, such sum as the Court may adjudge to be reasonable for the services of his <br /> attorney. This enforcement provision shall be in addition to any other remedies available at law, <br /> in equity or both. <br /> (7) Authorization for City (or successor municipal corporation) to Withhold Permits <br /> and Inspections. In the event the terms of this Declaration are not being complied with, in <br /> addition to any other remedies available, the City (or any successor municipal corporation) is <br /> hereby authorized to withhold any further permits; and refuse to make any inspections or grant <br /> any approvals,until such time as this Declaration is complied with. <br /> (8) Election of Remedies. All rights, remedies and privileges granted herein shall be <br /> deemed to be cumulative and the exercise of any one or more shall neither be deemed to <br /> constitute an election of remedies, nor shall it preclude the party exercising the same from <br /> exercising such other additional rights,remedies or privileges. <br /> MIAMI 2910311.1 7957936929 2 <br /> 3,28112 11.39 AM. • 28112 10:1R 11+1 <br /> FMIAW2988 <br /> .929 <br /> 3/28/12 11:40 AM <br /> Book28057/Page4561 CFN#20120234821 Page 2 of <br />