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<br />" <br />, <br /> <br />WHEREAS, paragraph 8 of the Declaration provides in pertinent part that the <br /> <br />"Declaration shall not be modified or revoked without prior approval of Metropolitan Dade <br /> <br />County after public hearing;" and <br /> <br />WHEREAS, the City incorporated in 1997 and the City Commission is the successor in <br /> <br />interest to the Metropolitan Dade County Board of County Commissioners by virtue of the City's <br /> <br />incorporation; and <br /> <br />WHEREAS, the predecessor owner of the Property filed a public hearing application <br /> <br />with a site plan for uses different from those set forth in the original Declaration; and <br /> <br />WHEREAS, on February 22,2001, the City Commission adopted Resolution No. 01-Z- <br /> <br />59 approving, among other requests, the new site plan and certain other non-use variances; and <br /> <br />WHEREAS, as part of the above resolution, the City Commission incorporated as <br /> <br />Condition 1 (c) that the use be established and maintained in accordance with the approved plans; <br /> <br />and <br /> <br />WHEREAS, the resolution also required that the Property be utilized as an <br /> <br />apartment/hotel; and <br /> <br />WHEREAS, on August 28, 2003, the City Commission adopted Resolution No. 2003- <br /> <br />583 (Exhibit B) specifically approving the release of the Declaration. <br /> <br />NOW THEREFORE, in consideration of the foregoing premises, the Declaration of Use <br /> <br />recorded in Official Records Book 13351 at Page 160 of the Public Records of Miami-Dade <br /> <br />County is moot as it relates to the Property, and is hereby released. <br /> <br />[SIGNATURE PAGE FOLLOWS] <br /> <br />\74713\19189\# 641193 vi <br />9/12/033:09 PM <br />