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<br />Should this Declaration of Restrictions be so modified, amended, or <br />released, the Director of the City Department of Planning and Code <br />Administration, or the executive officer of the successor of such <br />Department, or in the absence of such director or executive officer by his <br />assistant in charge of the office in his absence, shall forthwith execute a <br />written instrument effectuating and acknowledging such modification, <br />amendment, or release. <br /> <br />(12) Enforcement. Enforcement shall be by action against any parties or person <br />violating, or attempting to violate, any covenants. The prevailing party in <br />any action or suit pertaining to or arising out of this Declaration shall be <br />entitled to recover, in addition to costs and disbursements allowed by law, <br />such sum as the court may adjudge to be reasonable for the services of its <br />attorney. This enforcement provision shall be in addition to any other <br />remedies available at law, in equity or both. <br /> <br />(13) Presumption of Compliance. Where construction has occurred on the <br />Property or any portion thereof, pursuant to a lawful permit issued by the <br />City, and inspections made and approval of occupancy given the City, then <br />such construction, inspection and approval shall create a rebuttable <br />presumption that the buildings or structures thus constructed comply with <br />the intent and spirit of this Declaration. <br /> <br />(14) Authorization for City to Withhold Permits and Inspections. In the event <br />the terms of this Declaration are not being complied with, in addition to <br />any other remedies available, the City is hereby authorized to withhold <br />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 <br />shall be deemed to be cumulative and the exercise of anyone or more <br />shall neither be deemed to constitute an election of remedies, nor shall it <br />preclude the party exercising the same from exercising such other <br />additional rights, remedies, or privileges. <br />