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<br />Declaration of Restrictions <br />Page 3 <br /> <br />Should this Declaration be so modified, amended or released, the Director of the City <br />of Sunny Isles Beach Building and Zoning, or the executive officer of the successor <br />of such Department, or in the absence of such director or executive officer by the <br />Director's assistant in charge of the office in his absence, shall forthwith execute a <br />written instrument effectuating and acknowledging such l110difiCatiOD, amendment <br />or release, <br /> <br />(8) :&pforcement_ Enforcement shall be by action against any parties or person <br />violating, or attempting to violate, any covenants, the prevailing party in any action <br />or suit, pertaining to or arising out of this Declaration, shall be entitled to recover, in <br />addition to costs and disbursements allowed by law, such sum as the Court may <br />adjudge to be reasonable for the services ofhis attorney. This enforcement provision <br />shall be in addition to any other remedies available at law or in equity or both. <br /> <br />(9) Authorization for Department ofBundin~ and 7 .oniD~to Withhold Permits and <br />Inspections, In the event payments or improvements are not made in accordance <br />with the terms of this Declaration, in addition to any other remedies available, the <br />City of Sunny Isles Beach Department of Building and Zoning is hereby authorized <br />to withhold any further permits, and refuse to make any jnspections or grant any <br />approvals, until such time as this Declaration is complied with. <br /> <br />(10) 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 <br />to constitute an election of remedies, nor shall it preclude the party exercising the <br />same from exercising such other additional rights. remedies or privileges. <br /> <br />(11) Presumption of Compliance. Where constIUctton has occurred on the Property or <br />any portion thereof, pursuant to a lawful pennit issued by the City of Sunny Isles <br />Beach, and inspections made and approval of occupancy given by the City, then such <br />construction, inspection and approval shall create a rebuttable presumption that the <br />buildings or structures thus constIUcted comply with the intent and spirit of this <br />Declaration, <br /> <br />(12) Severability. Invalidation of anyone of these covenants, by judgment or Conn, in <br />no way shall affect any of the other provisions which shall remain in full force and <br />effect. <br /> <br />(13) Recordinl, This Declaration shall be filed of record in the public records of Miami- <br />Dade County, Florida at the cost of the Owners following the adoption by the City <br />of Sunny Isles Beach of a resolution approving the Application. <br /> <br />\73252\10754\11337638 v2 <br />4112101 <br />