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<br />~~E 19542 PG. 2386 <br /> <br />Declaration of Restrictions <br />Page 4 <br /> <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 />(15) 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 />(16) 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 />(17) Severability. Invalidation 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 />(18) Recordin2. This Declaration shall be filed of record in the public records of Miami- <br />Dade County, Florida at the cost of the Owners following the adoption by the City <br />of Sunny Isles Beach of a resolution approving the Application. <br /> <br />Signed, witnessed, executed and acknowledged thi~day of February, 2001. <br /> <br />Witnesses: <br /> <br />Mandalay, L.L.C. <br />A Florida Limited Liability Company <br /> <br />, ~~ <br />~~.~ <br /> <br />Print Name: -r;- (\0-. L. 10'1- <br /> <br />By: <br />Shawn Lustigman, M <br /> <br /> <br />g Partner <br /> <br /> <br />Print Name:~ n'2.. <br /> <br />\74013\12656\#334197 vI <br />1/31/0 I <br />