Resolution Zoning 98-Z- 9 - Laserfiche WebLink

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determined by the City to be in substantial compliance with the Approved Plans. Furthermore, in the event that any provision of this Declaration is modified by Ordinance, rule, regulation or policy of the City of Sunny Isles Beach, such as changes in occupancy term, density or intensity or allowance of the use of "lock outs" without exceeding the density shown on the Approved Plans and being otherwise in compliance with the Commission's approval and any other ordinances, rules, regulations or policies of the City which would be applicable to the project, then the effected terms of this Declaration may be modified to conform with said Ordinance, rule, regulation or policy, without further hearing by the City Commission. Should this Declaration of Restrictive Covenants be so modified, amended or released, the Director of the Sunny Isles Beach Zoning Department, or the Executive Officer or the successor of such department, or in the absence of such Director or Executive Officer, by his Assistant in charge of the office of his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 11. Enforcement. Enforcement shall be by action against any parties or persons violating or attempting to violate any provision of this Declaration. This Declaration, and the acceptance hereof by the City, is not intended and should not be construed to confer any rights on any third parties other than the Owner and the City. The prevailing party in any action or suit pertaining to or arising out of this Declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may order to be reasonable for the services of its attorney, at triaI and appeal. This enforcement provision shall be in addition to any other remedies available at law, or in equity or both. 12. Authorization to Withhold Permits and Ins,pections. In the event of noncompliance with any provision herein, in addition to any other remedies, the City is hereby authorized to withhold any further permits or refuse to make inspections until such time as this Declaration is complied with or appropriately modified, amended or released, in the manner and mode set forth herein. 13. Severability. Invalidation of anyone of these covenants, by judgment of a court of competent jurisdiction, shall in no way affect any of the other provisions, which shall remain in full force and effect. 14. Recording. This Declaration shall be filed of record in the public records of Dade County, Florida at the cost to the Owner. 3