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beneficiary for any purpose. This Restrictive Covenant may only be modified, amended or released <br />by the City Commission. Enforcement shall be by action at law or in equity against the parties or <br />persons violating or attempting to violate this Restrictive Covenant. <br />5. Covenant running with the land. This Declaration of Restrictive Covenant shall be <br />recorded in the Public Records of Miami -Dade County, Florida, and shall run with the Property <br />described in Exhibit "A" and shall be binding on all persons and entities acquiring title to or use of <br />the Property. <br />7. Governing Law. This Restrictive Covenant shall be governed by and construed in <br />accordance with the laws of the State of Florida. <br />8. Attorney's Fees. If any legal or equitable action or other proceeding is brought for the <br />enforcement of the Restrictive Covenant, the successful and prevailing party shall be entitled to <br />recover reasonable attorney's fees, court costs, and all expenses incurred in that action or proceeding <br />in addition to any other relief to which such party may be entitled. <br />9. Invalidation. Invalidation of any of the restrictive covenants contained herein by judgment <br />or court order shall in no way effect any other conditions which remain in full force and effect. <br />10. Waiver. Any failure by City to enforce any of the restrictive covenants contained herein <br />shall not be deemed a waiver by City of the right to do so thereafter. <br />11. Effective Date. This Restrictive Covenant shall become effective upon recordation in the <br />Public Records of Miami -Dade County, Florida. <br />IN WITNESS WHEREOF, the City has executed this Restrictive Covenant on the day and <br />year first above written. <br />ATTEST: <br />&,x- 4. LL <br />JANE HINES, MMC <br />CITY CLERK <br />APPROVED AS TO FORM AND <br />LEGAL SUFFICIENCY: <br />ATTORNEY <br />CITY OF SUNNY ISLES BEACH, FLORIDA, a <br />Municipal Corporation of the State of Florida <br />By: <br />CHRIS OP R J. RUSSO <br />CITY MANAGER <br />Pa <br />28 <br />