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HomeMy WebLinkAbout2739 ~ . ; i i 4 y . S I. Tha Devaloper reservea the riqht to inatall certain utility eerviaee underground, over and ~cross any unit or caa- mon use area or facility to serve areas other than those involved in this condominium development described herein, as well se those within the condominium, and includes maintenance of the same. . J. The Developer is the owner of said real estate contiquous to and adjoining the common use elements and/or limited comaaon use elements, and it contemplates future development of recrea- ~ tional facilitiea on these premiaes in addition to those included within the common use elements. The Developer in order to provide ~ the Association with additional recreational facilities may in the future offer to lease said real estate and improvements contained thereon to the Association upon such terms and conditions as mutually aqreed to by the parties. The Association is not obli- ~ qated to accept the Developer's offer to lease said premises; however, both parties are hereby authorized to neqotfate the 8ame on mutually agreeable terms as aforesai.d. _ K. Notices to the Developer shall be delivered by mail at Post Office Box 1116, Jensen Beach, Florida. Al1 notices shall be deemed and-consi ered sent when mailed. Proof of such mailinq shall be given by the party so mailinq the notice in affidavit form. Any party may chanqe his or its mailing address by written notice duly receipted for. Notioes required to be qiven the per- sonal representative of a deceased owner or devisee, when there is no personal representative, may be delivered either personally or by mail to such party at his or its address appearing in the - records of the Court wherein the estate of such deceased owner ~ is beinq administered. ! I L. The~"Remedy f~r Violation", provided for by Section 23 ~ of the Condominium Act, shall be in full force and effect. In addition thereto, should the Association find it necessary to _ bring a Court action to bring about compliance with the law, this Declaration and the By-Laws, upon a finding by the Court that the violation complained of is willful and deliberate, the unit owner so violatinq shall reimburse the Association for reasonable attor- neys fees incurred-by it in brinqing such action, as determined by the Court. - M. Whenever the context so requires, the use of any gender shall be deenied to include all qenders, and the use_of the sinqular ~ shall include the plural, and plural shall include the singular. - The provisions of the Declaration ahall be liberally construed to $ effectuate its purpose of creatinq a uniform plan for the operation ~ of a condominium. . N. The captions used in this Declaration and ~xhibits annexed hereto are inserted solely as a matter of convenience and shall not be relied upon and/or used in construing the ef£ect or meaning of any of the text of this Declaration or Exhibits annexed hereto. O. If any term, covenant, provision,~phrase, or other ele- - ment of the condominium docwnents is held invalid or unenforceable for any reason whatsoever, such holding shall not be deemed to affect, alter, modify or impair in any manner whataoever, any _ other term, provision, covenarit, or element of the condominium documer?ts . P. The Developer Bpecifically disclaim8 any intent to have made any warranty or representation in connection with the property ` or the condoa?iniwa docum~enta, except as specifically set forth therein, and no person shall rely upon any warranty or represen- tation not so specilically made therein. ~Any eatimatea of comawn - 13 - a00u~~ ~~h ~ ~ ~ ~~:~:.a~ , _ _ , _ . , _ _ . ~s.~::~~ v .