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<br />and its heirs, successors and assigns (including, without limitation, any ensuing condominium <br />association or property owner association or operator of the Property) until such time as the same <br />is modified or released. These restrictions, during their lifetime, shall be for the benefit of, and <br />limitation upon, all present and future owners of the Property. However, nothing contained in <br />this Declaration shall create a public dedication of all or any portion of the Property. <br /> <br />10. 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 a majority of the, then, owners of the Property has <br />been recorded agreeing to change the Declaration in whole, or in part, provided that the <br />Declaration has first been modified or released by the City. <br /> <br />11. Modification. Amendment. Release. The Easements granted in this Declaration shall <br />be perpetual in duration, and shall not be changed, altered or amended except by instrument in <br />writing executed by the Owner or a majority of the then owners and the City and their respective <br />successors and assigns, provided that the same is also approved by the City Commission after <br />public hearing. Any ensuing operator or condominium or property owners' association with <br />valid authority to act on behalf of the majority of the owners of the Property may execute the <br />amending instrument upon submission of proof of authority to act on behalf of a majority of the <br />owners. Should this Declaration be so modified, amended or released, the City Manager or such <br />authorized designee shall forthwith execute a written instrument effectuating and acknowledging <br />such modification, amendment or release. <br /> <br />12. Enforcement. Enforcement shall be by action against any parties or person violating, or <br />attempting to violate, any covenants, terms or provisions of this Declaration. The prevailing <br />party in any action or suit pertaining to or arising out of this Declaration shall be entitled to <br />recover, in addition to costs and disbursements allowed by law, such sum as the Court may <br />adjudge to be reasonable for the services of his attorney at trial and appellate levels. This <br />enforcement provision shall be in addition to any other remedies available at law or in equity or <br />both. <br /> <br />13. Authorization for Department of BuildinlZ and ZoninlZ to Withhold Permits and <br />Inspections. In the event of failure to comply with the terms of this Declaration, in addition to <br />any other remedies available, the City is hereby authorized to withhold any further permits, and <br />refuse to make any inspections or grant any approvals, until such time as the failure to comply is <br />cured. <br /> <br />14. Election of Remedies. All rights, remedies and privileges granted herein shall be <br />deemed to be cumulative and the exercise of anyone 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 /> <br />15. Severability. Invalidation of anyone of these covenants, by judgment of a Court of law, <br />shall not affect any of the other provisions, which shall remain in full force and effect. <br /> <br />5 <br />