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1. The common wall shared by the two (2) single family '
dwelling structures, and located on aa imaginary line dividing each
of the aforesaid lots into two separate, distinct, and approxim- :
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ately equal parcels, shall be a party wall for the perpetual
s'" benefit of and use by the purchaser, iacluding his heirs, assigns,
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successors and grantees, of each such single family dwelling j
structure. f
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2. In the event it shall become necessary or desirable to :
perform maintenance upon, to repair or to rebuild the whole or any ~
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part of the party wall, such expense shall be shared equally by the
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purchasers of ad~oining units or by their successors in title. ~
Whenever any such wall, or any part thereof shall be rebuilt, it
shall be erected in the same manner and at the same location at
which it was initially constructed, aad shall be of the same size
and of the same or similar materials and of like quality, applicabl
ordinances and statutes permitting. Provided, however, that if
such maiatenance, repair or coastruction is brought about solely ~
by the neg2ect or the willful misconduct of one unit purchaser, any ~
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expense incidental thereto shal~ be borne solely by such wrongdoer. ~
3. Unless stipulated by agreement, the purchaser of any
; singl~_family_dwelling struc__t_ure sharing a party wall with the ~
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i adjoining structure shall not possess the right to cut windows or _
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~ other openings in the party wall, nor make any alternations, addi- 4
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~ tions, or structural changes in the party wall. ~
~ 4. The purchaser of aay such single family dwelling struc-
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~ ture shall have the right to the full use of said party wall for _
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whatever purposes said purchaser chooses to employ, subject to the
limitation that such use shall not infringe oa the rights of the
~ purchaser of an adjoining structure or his eqjoyment of said wall,
y ~
~ 4r•-o~.--the--ad-3oining--struc~ure.,_~r_~u..auy-...man.ne~r_impaiz. ~l~_.x~~~~____..- .
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'of said structure or wall.
w~ 5. Each common wall to be constructed on the above describe
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~ lots is to be and remain a party wa-11 for the perpetual use and
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~ benefit of the respective purchasers thereof, their heirs, assigns,
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~ successors and grantees. Said lots shall be conveyed subject to
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this condition, which shall be construed to be a covenant running j
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with the land.
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~ - 2 - s~K 2l8 P~~F1751
~ i OUCiHTER80N, OUGHTERSON PREWITT ~ P• O. DRAWER 8d, STUART, FLORIDA 33A94
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