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<br />~tt 19086 PG 3689 <br /> <br />Declaration of Restrictions <br />Page 3 <br /> <br />written instrument effectuating and acknowledging such modification, amendment <br />or release. <br /> <br />(8) Enforcement. Enforcement shall be by action against any parties or person <br />violating, or attempting to violate, any covenants, the prevailing party in any action <br />or suit, pertaining to or arising out of this Declaration, shall be entitled to recover, in <br />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. This enforcement provision <br />shall be in addition to any other remedies available at law or in equity or both. <br /> <br />(9) Authorization for Department ofBuildin~ and Zonin& to Withhold Permits and <br />Inspections. In the event payments or improvements are not made in accordance <br />with the terms of this Declaration, in addition to any other remedies available, the <br />City of Sunny Isles Beach Department of Building and Zoning is hereby authorized <br />to withhold any further permits, and refuse to make any inspections or grant any <br />approvals, until such time as this Declaration is complied with. <br /> <br />(10) 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 <br />to constitute an election of remedies, nor shall it preclude the party exercising the <br />same from exercising such other additional rights, remedies or privileges. <br /> <br />(11) Presumption of Compliance. Where construction has occurred on the Property or <br />any portion thereof, pursuant to a lawful permit issued by the City of Sunny Isles <br />Beach, and inspections made and approval of occupancy given by the City, then such <br />construction, inspection and approval shall create a rebuttable presumption that the <br />buildings or structures thus constructed comply with the intent and spirit of this <br />Declaration. <br /> <br />(12) Severability. 11validation of anyone of these covenants, by judgment or Court, in <br />no way shall affect any of the other provisions which shall remain in full force and <br />effect. <br /> <br />(13) Recordin~. This Declaration shall be filed of record in the public records of Miami- <br />Dade County, Florida at the cost of the Owner following the adoption by the City of <br />Sunny Isles Beach of a resolution approving the Application. <br /> <br />G:\DMS\ 73267\10245\0284632.01 <br />4/19/2000 <br />