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Reso 2008-1203
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Reso 2008-1203
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Last modified
11/6/2015 1:38:45 PM
Creation date
11/17/2008 2:22:30 PM
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Template:
CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2008-1203
Date (mm/dd/yyyy)
01/17/2008
Description
Submerged Land Lease Agrmt for Operation of Newport Pier
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<br />Declaration ofRostrictions <br />and Grant of Easements <br />Page 5 <br /> <br />authority to act on behalf .of the majority of the owners of the Property may execute the <br />amending instrument upon submission of proof of aUthority to act on behalf of a majority of the <br />owners. <br /> <br />Should this Declaration be 80 modified, amended or released, the City Manager or <br />such authorized designee shall forthwith execute. a written instrument effeCtuating and <br />acknowledging such modification, amendment or release. <br /> <br />. 14. Enforcement. Enforcement shall be by action against any parties or person <br />violating,. or attempting to vio~ any covenants. The prevailing party in any action or suit, <br />. pertaining to or arising out of this Declaration, shall be ClJ1titled to recover, in addition to costs <br />and disbUIBcments allowed by law, such sum as. the Court may adjudge to be reasonable for the <br />services of his attornoy at trial and appellate levels. This enforcement provision shall be in <br />addition to any other remedies available at law or in equity or both: <br /> <br />15. Antborization for Department or B'lIlId1ne and ZonlnlZ to Withhold l'ernuts <br />wd Insvections. In tho event ~f failure to comply with the terms of this Declaration, in addition <br />'to any other rcm.edies available, the City is hereby authorized to withhold any furthor permits,. <br />and refuao to make any inspections or grant any approvals) until such timo as tho failure to <br />comply is cured <br /> <br />16. Confllct. In the event of a conDiot between provisions of the Resolution and the <br />Declarntion, the tenns of the Resolution shall control. <br /> <br />17. EJection ofRemedJ~. All rights, remedies and privileges granted herein shall be <br />doomed to be cumulative and the exercise of anyone or more shall neither be deemed to <br />constitute an election of remedies, nor shall it preclu.do the party exerci.aing' the same from <br />eXercising such other additional rights, remedies or pri'IiJeges. . <br /> <br />18. SeverabUitv. Invalidation of anyone oftbese covenants, by judgment or Court, <br />or law, in no way shall affect any of the other provisioJ1ll, which aha1l remain in full force and <br />effect <br /> <br />19. ReeordJDI!. This DeClaration shall be recorded in the public records of Miami- <br />Dade County, Florida at the colrt ofllie Owner. <br /> <br />\73265\36723\ II! 657903 v 17 <br />S113104 3:24 PM <br /> <br />Book22317/Page2878 <br /> <br />Page 5 of 16 <br /> <br />Attachment B <br />Page 19 of 30 Pages <br />SSLL No. 130174356 <br />
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