Resolution Zoning 04-Z-84 - Laserfiche WebLink

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11. Modification. Amendment. Release. The Easement 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 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 property 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. 12. 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. 13. Authorization for Deoartment of Buildine: and Zonine: to Withhold Permits and InsDections. In the event of 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, until such time as the failure to comply is cured. 14. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone 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. 15. Severability. Invalidation of anyone of these covenants, by judgment of a Court oflaw, shall not affect any of the other provisions, which shall remain in full force and effect. 16. Reo laces Previously Recorded Easement. The Declaration amends and replaces in its entirety the Covenant Running With The Land recorded in Official Records Book 21608 at Pages 4275-4280 of the Public Records of Miami-Dade County, Florida. 17. Inclusion in Declaration of Condominiums. A copy of this recorded Declaration, including all exhibits attached hereto, shall be included in the Declaration of Condominium recorded on the Property. The site plans approved by the Resolution are hereby included as Exhibit "C" to this Declaration by reference as follows: Plans prepared by The Sieger Suarez Architectural Partnership, consisting of 35 sheets, sheets 1.4,4.1,4.2 and 4.3 dated stamped received 4-6-04, the remaining sheets dated stamped received 3-4-04, and plans entitled "Photometric Site Plan", prepared by FES Mechanical and Electrical Engineer dated, signed 2-19-04, and plans "Overall Site Plan and Median Improvements, Site 5