Resolution Zoning 98-Z- 28 - Laserfiche WebLink

Home Browse Search

has been recorded agreeing to change the Declaration in whole, or in part, provided that the Declaration has first been modified or released by the City of Sunny Isles Beach. 17. Modification. Amendment and Release. This Declaration may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the then Owner(s) of more than fifty (50%) percent of the subject real property, or more than fifty (50%) percent of the unit owners or the Condominium Association petitioning for such modification, amendment, or release, provided that the same is also approved by the City Commission after public hearing. The Approved Plans which are the subject of this Declaration may be modified without such petition or approval as long as such changes are determined by the City to be in substantial compliance with the Approved Plans. 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 in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 18. 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 hereofby 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 trial and appeal. This enforcement provision shall be in addition to any other remedies available at law, or in equity or both. 19. Authorization to Withhold Permits and Inspections. 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. 20. 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. 21. Recording. This Declaration shall be filed of record in the public records of Dade Count, Florida, at the cost to the Owner.