Resolution Zoning 98-Z- 17 - Laserfiche WebLink

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,,':.' " ,.' ,.",.,\ ' ,.' . ~ - , ~.f: '8384r; 916 3. Covenant Running with the Land. These restrictions during their lifetime shall be tor the benefit of: and limitation upon, all present and future owner(s) .of the Property and tor the public welfare. This Declaration. on the part of the Owner. shall constitute a covenant running with the land and may be recorded in the puhlic records oO..1iami-Oade County. Florida. and shall remain in full torce and etl't.'Ct and he binding lIpon the undersigned. and their heirs. successors and assigns until such time as th~ same is moditied llr released. pursuant to the tenns hereot: ::., :~~; ~ \f!. Hi' ~~ ~ I :ti i~ ~gre!:lS and upon pnwiding th~ City with written notice a minimum of thirty (30) ml)'s prior to such relocation. :;\: ~fi .~ ~ 4. Tenn, Unless tcnninated earlier in accordance with its terms this Declaration shall be binding on all parties and all persons claiming under them tor a period of thirty (30) years from the date this Declaration is recorded, after which time it shl'll be extended automatically for successive period of ten (10) years each. unless an instrument signed by the then Owner(s) of more than tifty (50%) percent of the subject real property has been recorded agreeing to change the, Declaration in whole. or in part. pr(I\,ided that the Declaration has first been modified or released by the City of Sunny Isles Beach :"~ .~ ,.r~ ~~ ~ ~ ~j ii, 5. Modification. Amendment and Release. This Declaration may be modified. amended (':' released as to the land herein described, or any portion thereot: b)' a "Titten b' , 'lent executed by the then Owner(s) of more than fifty (50%) percent of the subject real P' el1.f petitioning tor such modification. amendment. or release (or if said Property is submitted to .ne condominiwn form of ownership. by the condominiwn association certifying that they are acting on b~half of not less than 50% of the unit owners governed thereby, provided that the same is also approved by the City Commission after public he.. ,"'l.!, .:, " .~ " i Should this Declaration of Restrictive Covenants be so modified. amended or released. the Director of the Sunny Isles Beach Zoning Department. or the Executive Officer or the successor of such department. or in the absence of such Director or Executive Onker. by his Assistant in charge of the office in his absence, shall forthwith execute a \\Titten instrument effectuating and acknowledging such modification. amendment or release. 6. Enforcement. Entorcement shall be by action against any parties or persons violating 0;: attempting to violate any provision of this Declaration, This Declaration. and the acceptan~ hereofby the City. is not intended and should not be construed to confer any rights on any third parties other than the Owner and the City. The prevailing party in any actio n 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 order to be reasonable for the services of its attorney, at trial and appeal. This entorcement provision shall be in addition to any other remedies available at law. or in equity or both. 7 Authorization to Withhold Pennits and Inspections. In the event of noncompliance with any provision herein. in addition to any other remedies. the City is hereby authorized to withhold any further permits or refuse to make inspections until such time as this Declaration is complied with or appropriately modified. amended or released. in the manner and mode set forth herein. 8. Severabilitv. Invalidation of any one of these covenants, by judgment ofa court of competent jurisdiction, shall in no way atlect any of the other provisions. which shall remain in full force and effect.