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the same or similar materials and of like quality, applicable ordinances and
statutes permitting. Pr•ovided~ however~ that if any such maintenance, re-
pair or construction is brought about solely by the neglect or the willful mis-
conduct of one (1) unit purchaser~ any expenses incidental thereto shall be
borne solely by such wrongdoers.
4, liniess siipuiaied by agreemeni, i3~e Purchaser of any singie-fam-
ily dwelling structure sharing a party wall with the adjoining structure shall
not possess the right to cut windows or other openings in the party ~vall. nor
make any alterations~ additions, or ~tructural changes in the party wall.
5. The purchaser of any such single-family dwelling structure shall }
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have the right to the full use of said party wall for whatever purposes said
purchaser chooses to employ~ subject to the limitation that such use shall
not infringe on the rights of the purchaser of an adjoining structure or his
enjoyment of said wall~ or of the adjoining structure~ or in any manner im~
' pair the value of said structure or wall,
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i 6. Each common wall to be constructed on the above-described lots
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E is to be and remain a party wall for the perpetual use and benefit of the re-
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spective purchasers thereof, their heirs~ assigns, successors and grantees.
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~ Said lots shall be com~eyed subject to this condition, which shall be construed
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~ to be a covenant running with e land,
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~ IN ~~'ITNESS V4'H OF. the Declarant has c3used these presents to
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~ be executed in its name by its dulp authorized officer the day and year first
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BEACH CLUB COLONY O~' ~~~~ART''
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By: ' C ~ ~ J - ~ ~
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CARL F. [ILWANO[R ATTORN[Y AT LAW R O. ~OX 1S5• lTUART, lLORIDA ii4l4
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