Resolution Zoning 12-Z-128 - Laserfiche WebLink

Home Browse Search

Declaration of Restrictions Page 2 (Space reserved for Clerk) (4) Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the, then, owner(s) of the Property, in accordance with paragraph 5 below, has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first been modified or released by the City. (5) Modification, Amendment, 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 all of the Property, includingjoinders of all mortgagees, if any, provided that the same is also approved by the City Commission after public hearing. Should this Declaration be so modified, amended or released, the Director of the City Department of Community Development, or the executive officer of 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. (6) Enforcement. 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 of his attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. (7) Authorization for City (or successor municipal corporation) to Withhold Permits and Inspections. In the event the terms of this Declaration are not being complied with, in addition to any other remedies available, the City (or any successor municipal corporation) 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. (8) Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one 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. MIAMI 291031 1.1 7957936929 2 3/ ^_8 %1' 11 :39 A A'13/2942- 10:2 1M- 1I&1- 21108 -NM MIAMI 298827.1—.1-7-957936929 3/28/12 11:40 AM