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<br />DeclarAtion of Restrictions <br />Page 3 <br /> <br />3 may not be modified. These restrictions during their lifetime shall be for the <br />benefit of. and limitation upon, aU present and future owners of the real property and <br />for the public welfare. <br /> <br />(13) Imn.. With the exception of paragraph 3, which is to run in perpetuity. this <br />Decl81'ation is to om with the land and shAll be binding on all parties and all persons <br />claiming under it for a period of thirty (30) yelUs from the date this Dcclamtion is <br />recorded after which time it shall be extended automatically Declaration of <br />Restrictions for successive periods of ten (10) years each. unless an instrument <br />signed by a majority of the. then, owner(s) of the Property has been recorded <br />agreeing to change the covenant in whole. or in partJ provided that the Declaration. <br />bas first been modified or released by Miami-Dade COWIty. <br /> <br />(14) Modification. Amendment, Relea~~. With the exception of paragraph 3. which <br />may not be modified. this Declaration may be modified, amended or released as to <br />the land herein described, or any' portion thereof, by a written instrument executed <br />by the, then. owner or a majority of the owners of all of the Property provided that <br />the same is also approved by the City of Sunny Isles Beach. Florida, whichever by <br />law has jurisdiction over such matters. qfter public hearing. No modification that <br />affects the School Board shall be permitted unless prior approval is obtained from the <br />School Board. <br /> <br />Should this Declaration be so modified, amended or released, the Director ofthe 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 Dr 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 modification. amendment <br />or release. <br /> <br />(15) EnfoR~ment. 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 Of arising out of this Declaration, shall be entitled to recover, in <br />addition to costs and disbursCIIlcnts allowed by law. such sum as the Court may <br />adjudge to be reasonable for the services of his attorney. This enforcement provision <br />shall be in addition to any other remedies available at law or in equity or both. <br /> <br />(16) Authnrization for Department ofBuitdinl and Zonlneto Withhold Permits and <br />Inspections. In the event payments or improvements are not made i~ 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 authori2ed <br /> <br />O:\DM7.\ 7l(71)\ 11563\0273652.0 I <br /> <br />16 <br /> <br />