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7. Valet Parking; Payment of Voluntary Mitigation Fee; Compliance with <br /> Conditions included in Resolution No. 04-Z-85. Owner shall provide 24-hour valet parking <br /> services for owners of the Property's condominium units and their guests. Owner shall pay to <br /> the City the voluntary mitigation fee of three hundred thousand dollars ($300,000.00)to be used <br /> for park purposes, as may be determined by the City Commission, prior to the issuance of the <br /> Building Permit for the Project. Owner shall comply with all conditions approved and included <br /> in City Resolution No.04-Z-85 as modified by Resolution 06-Z-100. <br /> 8. City Inspection. As further part of this Declaration, it is hereby understood and <br /> agreed that any official inspector of the City of Sunny Isles Beach Building and Zoning <br /> Department, or its agents duly authorized, may have the privilege at any time during normal <br /> working hours of entering and inspecting the use of the Property to determine whether or not the <br /> requirements of the building and zoning regulations and the conditions herein agreed to are being <br /> complied with. <br /> 9. Covenant Running with the Land. This Declaration on the part of the Owner <br /> shall constitute a covenant running with the land and shall be recorded in the public records of <br /> Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the <br /> Owner, and its heirs, successors and assigns (including, without limitation, any ensuing <br /> condominium association or operator of the Property) until such time as the same is modified or <br /> released. These restrictions,during their lifetime, shall be for the benefit of, and limitation upon, <br /> all present and future owners of the Property. However, nothing contained in this Declaration <br /> shall create a public dedication of all or any portion of the Property. <br /> 10. Term. This Declaration is to run with the land and shall be binding on all parties <br /> and all persons claiming under it for a period of thirty (30)years from the date this Declaration is <br /> recorded, after which time it shall be extended automatically for successive periods of ten (10) <br /> years each unless an instrument signed by a majority of the, then, owners of the Property has <br /> been recorded agreeing to change, the Declaration in whole, or in part, provided that the <br /> Declaration has first been modified or released by the City in the manner set forth in this <br /> Declaration. <br /> 11. Modification,Amendment,Release. The Easements granted in this Declaration <br /> shall be perpetual in duration,and shall not be changed, altered or amended except by instrument <br /> in writing executed by the Owner or a majority of the then owners and the City and their <br /> respective successors and assigns, provided that the same is also approved by the City <br /> Commission after public hearing. Any ensuing operator or condominium or master owners' <br /> association with valid authority to act on behalf of the majority of the owners of the Property <br /> may execute the amending instrument upon submission of proof of authority to act on behalf of a <br /> majority of the owners. Should this Declaration be so modified, amended or released, the City <br /> Manager or such authorized designee shall forthwith execute a written instrument effectuating <br /> and acknowledging such modification,amendment or release. <br /> 12. Enforcement. Enforcement shall be by action against any parties or person <br /> violating, or attempting to violate, any covenants, terms or provisions of this Declaration. The <br /> prevailing party in any action or suit, pertaining to or arising out of this Declaration, shall be <br /> entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court <br /> 5 <br /> Paramount Declaration of Restrictions&Grant of Easement <br /> Book25500/Page2308 CFN#20070334642 Page 5 of 24 <br />