Reso 2007-1102 - Laserfiche WebLink

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Declaration of Restrictions Page 3 Should this Declaration be so modified, amendw or released, the Director of the City of Sunny Isles Beach Building and Zoning, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by the Director's assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and aeknowledging such modification, amendment or release. (8) EJ;lforcemellt. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants, 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 adjudge to be reasonable for the services ofhis attorney. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. (9) Authorization for Denartment ofBuildin~ and Zoninl!to Withhold Permits and Inspections. In the event payments or improvements are not made in accordance with the terms of this Declaration, in addition to any other remedies available, the City of S\UIDY Isles Beach Department of Building and Zoning is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this Declaration is complied with, (10) Election 01 Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. (11) PresumDtlon ofCompUance. Where consln1ction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City of Sunny Isles Beach, and inspections made and approval of occupancy given by the City, then such construction, inspection and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and spirit of this Declaration. (12) Severability. Invalidation of anyone of these covenants, by judgment or Conn, in no way shall affect any of tbe other provisions which shall remain in full force iIIld effect. (13) ll.eeordin~. This Declaration shall be filed of record in the public tel;onls of Miami- Dade COWlty, Florida at the cost of the Owners following the adoption by the City of Sunny Isles Beach of a resolution approving the Application. I7l252\1111~'IIlJ7638 v2 4112101