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Resolution Zoning 98-Z- 18
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Resolution Zoning 98-Z- 18
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Last modified
7/1/2010 9:40:17 AM
Creation date
1/25/2006 3:05:43 PM
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CityClerk-Resolutions
Resolution Type
Zoning Resolution
Resolution Number
98-Z-18
Date (mm/dd/yyyy)
08/13/1998
Description
Williams Island Ocean Club, Inc., 100’ S. 178/E. Atlantic Blvd.
Reference
Z9800010
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<br />~?~,,:;~';,f~,~~:~,,~--:':'I:r!/~~"!";t;'(1 <br /> <br />,.'_., ,_ .' <br /> <br />".>;",;;~'; ~"., .:..- ':' .:i!.',f';I..,;,:,;".A:""""", <br /> <br />~r 18384..; 916 <br /> <br />~g.n:-:iS <\nd upon providing th~ City with writt~n notic~ a minimullll)fthirty t.30) d.1Y~ prior to such <br />rdoc.\tion. <br /> <br />3. Covenant RunninlJ with the Land. Thes~ restrictions during their litetime shall 00 <br />tor the benetlt ot: and limitation upon. all present and future owner(s) 'of the Property and tor the <br />public welfare. This Declaration. on the part of the Owner. shall constitute a covenant running <br />with the land and Illay be l\.'Corded in the public records ofT\liami-Dade County. Florida. and shall <br />remain in full torce and etl't.'Ct and be binding upon the undersigned. and their heirs. Sllccessors <br />and assigns until sllch time as th~ same is modified or released. pursuant to the tenus hen.'Of <br /> <br />4. Term. Unless temlinated earlier in accordance with its temlS this Declaration shall <br />be binding on all parties and all persons claiming under them for a period of thirty (30) years trom <br />the date this Declaration is recorded. after which time it sht-II be extended automatically for <br />successive period of ten (10) years each. unless an instrument signed by the then O\\ner{s) of <br />more than tifty (50%) percent of the subject real property has been recorded agreeing to change <br />the Declaration in whole. or in part. provided that the Declaration has first been modified or <br />released by the City of Sunny Isles Beach <br /> <br />5. Moditlcation. Amendment and Release. This Declaration may be modi tied. <br />amended ':':' ~Ieased as to the land herein described, or any portion thereot: by a written <br />i'~" , '"lent executed by the then O\\1\er(s) of more than fifty (50%) percent of the subject real <br />P' .e11)'" petitioning tor such modification. amendment. or release (or if said Property is submitted <br />to .ne condominiwn fom\ of o\\nership. by the condominiwn association certifying that they are <br />acting on bt:half of not less than 50% of the unit owners governed thereby. provided that the same <br />is also approved by the City Commission after public he.. ,"'g <br /> <br />Should this Declaration of Restrictive Covenants be so modified. amended or released. the <br />Director of the Sunny Isles Beach Zoning Department. or the Executive Officer or the successor <br />of such department. or in the absence of such Director or Executive Officer. by his Assistant in <br />charge of the office in his absence, shall forthwith exC\:ule a written instrument effectuating and <br />acknowledging such moditication. amendment or release. <br /> <br />6. Enforcement. Enforcement shall be by action against any parties or persons <br />violating 0:- attempting to violate any provision of this Declaration. This Declaration. and the <br />acceptan~e hereof by the City. is not intended and should not be construed to confer any rights on <br />any third parties other than the Owner and the City. The prevailing party in any actio n or suit <br />pertaining to or arising out of this Declaration, shall be entitled to recover. in addition to costs and <br />disbursements allowed by law. such sum as the Court may order to be reasonable for the services <br />of its attorney, at trial and appeal. This entorcement provision shall be in addition to any other <br />remedies available at law. or in equity or both, <br /> <br />7 Authorization to Withhold Pennits and Inspections. In the event of noncompliance <br />with any provision herein. in addition to any other remedies. the City is hereby authorized to <br />\....ithhold any further permits or refuse to make inspections until such time as this Declaration is <br />complied with or appropriately modified. amended or released. in the tmumer and mode set forth <br />herein. <br /> <br />8. Severabilitv. Invalidation of anyone of these covenants. by judgment of a court of <br />competent jurisdiction, shall in no way atl"ect any of the other provisions. which shall remain in <br />full force and effect. <br /> <br /> <br />:.~ <br />',~ <br />if: <br /> <br />:i; <br />i.f <br />'. <br />" <br />~ <br /> <br />~\ <br /> <br />..! <br />t1 <br />.~, <br />~ <br /> <br />." <br />>:. <br /> <br />"k <br />,; <br />j <br />
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