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Declaration of Restrictive Covenant <br />in Lieu of Unity of Title <br />Page 2 of 4 <br />3. The provision of this instrument may be amended, modified or released by a written <br />instrument executed by the following: (i) then Owners of the Property (or if any portion of the Property <br />has been submitted to the condominium form of Ownership then by the condominium association <br />governing such condominium in lieu of all the Owners thereof) and provided same is also approved by <br />the City Commission at a public hearing, and in a form approved by the City Attorney. Should this <br />Declaration be so modified, amended or released, the Zoning Administrator of the City, or his or her <br />respective designees or successors, shall forthwith execute a written instrument effectuating and <br />acknowledging such amendments, modifications or release. <br />4. Enforcement shall be by action against the parties or persons violating or attempting to <br />violate any covenants in this Declaration. The prevailing party to any action or suit pertaining to or <br />arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements <br />allowed by law, such sum as the Court may adjudge to be reasonable for the services of his/her attorney. <br />This enforcement provision shall be in addition to any other remedies available at law, in equity or <br />both. <br />5. Invalidation of any of these covenants by judgment of court shall not affect any of the <br />other provisions, which shall remain in full force and effect. <br />6. All rights, remedies and privileges granted herein shall be deemed to by cumulative and <br />the exercise of any one or more shall neither be deemed to constitute an election or remedies, nor shall <br />it preclude the party exercising the same from exercising such other additional rights, remedies or <br />privileges as may be available to it. <br />7. This Declaration shall be recorded in the Public Records of Miami -Dade County at the <br />Owners' expense. <br />Signed, witnessed, executed and acknowledged this 1,S' day of �?,a4kmher , 2020. <br />Witness <br />Witness <br />Print N me: <br />STATE OF FLORID ) <br />434 Poinciana Island Drive, Unit 1626 — <br />dock slip 438 <br />Sunny Isles Beach, FL 33160 <br />Timothy R. 1 n, Owner <br />357 Poinciana Island Drive, Unit 1111— <br />dock slip 444 <br />Sunny Isles Beach, FL 33160 <br />Beatriz C. Zahlene, Owner <br />