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<br />Dl:darllloll uCRrsh1cIlOIIS <br />I'qe 1 <br /> <br />:Inrn.. This Declaration is to nm with the land and shall be binding on all parties and aU persons <br />claiming W1der it for a period of thirty (30) years from the date this Declaration i5 recorded after <br />which time it shall be extended automaticEllly for successi~e periods often (10) years each. unless <br />an instrument signed by the, then. owncr(s) of the Property has been recorded agreeing to change <br />the covenant in whole. or in part, provided that the Declsrntion has first been modified or relensed <br />by tlte City. <br /> <br />Modification. Amendment. Release. This Declaration of Restrictions may be modified. amended <br />or released as to the lnnd herein described, or any portion thereot by Q written instrwnent executed <br />by the, then. owner(s) of all or 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 /> <br />Should this Declaration of RestrictioDS be so modified, amended or released, the City Manager. or <br />in the absence of such Msnager or executive officer by his assistant in charge of the office in his <br />absence, shall forthwith execute a written instrument effecwating and acknowledging such <br />moditication, amendment or release. <br /> <br />EnfoJUmcnt. Enforcement shall be by action against any parties or person violatinM, or attempting <br />to violate, any co~enant9. The prevailing party in any action or suit pertaining to or arising out of <br />Lhis declaration shall be entitled to recover. in addition to costs and disbursements allowed by law. <br />suell sum as the Court may adjudge to be reasonable for the services of his attorney. This <br />enforcement provision shall be in addition to any other remedies available at law, in equity or both. <br /> <br />Authorization for Sunny Isles Beach to Withhold Permit. and IDspedionl. 1n the event the <br />terms of this Declaration are not being complied with, in addition to any other remedies available. <br />the City is hereby authorized to withhold any further permits, and refuse to make any inspections <br />or grant any approvals, until such time as this declaration i5 complied with. <br /> <br />Election of ReUledicl. All rights. remedies and privileges granted herein shall be deemed to be <br />cumulative and Ute exercise of anyone or mote shall neither be deemed to constitute an election of <br />remedies, nor shall it preclude the party exercising the same from exel'Cising such other additional <br />rights, remedies or privileges. <br /> <br />Presumption of ColllJllance. Where construction has occurred on the Property or any portion <br />thereof, pursuant to a lawful permit issued by the City, and inspections made and appro~al of <br />occupancy gi~en by the. City, theo such construction, inspedion and approval shall create a <br />rebuttable presumption that the buildings or structures thus oo11Sttucted comply with tite intent and <br />spirit of this Declaration. <br /> <br />GI\DMS\7Jll~\10302\0268918.01 <br />11/22/19911 <br /> <br />(JtublIc Hearing) <br /> <br />~oo 'd <br /> <br />~6SL H~ SO~: 13~ <br /> <br />********1V '~3 'n~3SWnS 'N1211S <br /> <br />l~: 01 (NOW) 66 ,ll- 'AON <br />