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<br />been recorded agreeing to change, the Declaration in whole, or in part, provided that the <br />Declaration has first been modified or released by the City. <br /> <br />12. Modification. Amendment. Release. The Easements granted in this Declaration <br />shall be perpetual in duration, and shall not be changed, altered or amended except by instrument <br />in writing executed by the Owner or a majority of the then owners and the City and their <br />respective successors and assigns, provided that the same is also approved by the City <br />Commission after public hearing. Any ensuing operator or condominium association with valid <br />authority to act on behalf of the majority of the owners of the Property may execute the <br />amending instrument upon submission of proof of authority to act on behalf of a majority of the <br />owners. Should this Declaration be so modified, amended or released, the City Manager or such <br />authorized designee shall forthwith execute a written instrument effectuating and acknowledging <br />such modification, amendment or release. <br /> <br />13. Enforcement. Enforcement shall be by action against any parties or person <br />violating, or attempting to violate, any covenants, terms or provisions of this Declaration. The <br />prevailing party in 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, such sum as the Court <br />may adjudge to be reasonable for the services of his attorney at trial and appellate levels. This <br />enforcement provision shall be in addition to any other remedies available at law or in equity or <br />both. <br /> <br />14. Authorization for Department of Buildine and Zonine to Withhold Permits <br />and Inspections. In the event of failure to comply with the terms of this Declaration, in addition <br />to any other remedies available, the City is hereby authorized to withhold any further permits, <br />and refuse to make any inspections or grant any approvals, until such time as the failure to <br />comply is cured. <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 to <br />constitute an election of remedies, nor shall it preclude the party exercising the same from <br />exercising such other additional rights, remedies or privileges. <br /> <br />16. Severability. Invalidation of anyone of these covenants, by judgment of a court, <br />of law, in no way shall affect any of the other provisions, which shall remain in full force and <br />effect. <br /> <br />MIADOCS 649864 8 <br />1\115104 <br /> <br />5 <br />