Resolution Zoning 12-Z-128 - Laserfiche WebLink

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Declaration of Restrictions Page 3 (9) Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City for a daycare or school facility described herein, and inspections made and approval of occupancy given by the City, then such construction, inspection, and approval shall create a rebuttable presumption that the facility thus constructed and permitted complies with the intent and spirit of this Declaration. (10) Severability. Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the other provisions which shall remain in full force and effect. However, if any material portion is invalidated, the City shall be entitled to revoke any approval predicated upon the invalidated portion (11) Recordation and Effective Date. This Declaration shall be filed of record in the public records of Miami -Dade County, Florida, at the cost of the Owner following the approval of the Application. This Declaration shall become effective immediately upon recordation. Notwithstanding the previous sentence, if any appeal is filed, and the disposition of such appeal results in the denial of the Application, in its entirety, then this Declaration shall be null and void and of no further effect. Upon the disposition of an appeal that results in the denial of the Application, in its entirety, and upon written request, the Director of the Community Development Department or the executive officer of the successor of said department, or in the absence of such director or executive officer by his /her assistant in charge of the office in his/her absence, shall forthwith execute a written instrument, in recordable form, acknowledging that this Declaration is null and void and of no further effect. (12) Acceptance of Declaration of Restrictive Covenants. Approval of the Application and acceptance of the Declaration does not entitle the Owner to a favorable recommendation or approval of any application, zoning or otherwise, and the Board of City Commissioners retains its full power and authority to deny each such application in whole or in part. The term "Owner" shall include the undersigned, their heirs, successors and assigns. (13) Owner. The term Owner shall include the Owner, and its heirs, successors and assigns. [Execution Page Follows] MIAMI 2910311.1 7957936929 3 3128f12 1 1:39 AM3 28x1.2 -10 2a 4413.2x: +24N). t9 A,,I MIAMI 298927T 1 7-"5 -916929 3/28/12 11:40 AM