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HomeMy WebLinkAbout1780 from the right of first refusal and right of redemption herein granted to ASSOCIATION, and further, the sale or lease of any ~RIVATE D~WELLING to a p~rty approved by DEVEL4PER shall be free of sa~d right of firat refusal and right of redemption granted unto ASSOCIATION and eha21 be treated and regarded in the same manner as though such $ale, purchaee and/or lease was made to or by DEVELOPER, the term "lease" includinq sublease. . ~ The DSVSLOpER ahall have the right to select and designate Member or Members of the Board of Directors of ASSOCIATION, and to remove and ~ replace any peraon or peraona ~elected by it to act and serve on eaid Board of Directors, all as is set forth and provided in the Articles of Incorporation and By-Laws of ASSOCIATION. The Member or Membere of the Board of Directora of ASSOCIATION designated ana selected by ~ DSVELOpBR neea.not be resident or residents in the CONDOMINIUM. Any representatfve of DEVEI,OP~R serving on the Boarcl of Directors of ASSOCIATION, ghall not be required to disqualify himself upon any vote upon any management contract or other contract, or lease between DE~ELOP$R and ASS~CIATION where said DEVELOPER may have a pecuniary or other intereat. Similarly, D$VSIAPER, as a member of ASSOCIATION, shall not be required to disqualify itself in any vote which ~ay come before the memberehip of ASSOCIATION upon any contract or lease between DEVELOPER and ASSOCIATYON, where the sa3d DEVELOPER may have a pecuniary or other interest. The DEVSLOPER shall further have the right to ase any PRIVATE D~WELLIN~G ` or PRIVATE DiWSI,LINGS owned by it as model apartments and/or sales - office in connection with DEVELOPER'S program to se21 or lease said PRIVATE D~WELLINGS or PRIVATE DWELLINGS owned by it, and in connection : therewith shall have the riqht to place upon the crnmnon property ' siqns designatinq DEVELOPER'S model apartments and/or salea office ; and advertising for sale or lease the said PRIVATB DWELLING or PRIVATE _ DiWEId~INGS owned by DEVELOPER, any said sign or signs to be placed at DEVSLOPER'S expense and shall be in good taste. _ In the event of death of DEVELOPER, or merger of DEVSLOPSR into any other entity which survives DSVELOPER, at a tiune when the DSVSLOPER ; ahall be entitled to have and-exercise any rights and privileges hereunder, the rights and privileges of DEVELOPER shall pass to and may be exercised by his said successors or survivor, as the case may be. ~xi~z. i SEVERABILITY ` The invalidity in whole or in part of any covenant or restiicti~*~, € or any section, sub-section, sentence, clause, phrase or word, or ` other provision of this Decl~ration of Condominium and the Articles of • ~ Incorporation. By-Laws and regulations of the ASSOCIATION shall not ~ affect the validity of the remaining portions. ~ ~ ~ ' ~XIV • ~ ~ ~ ~ LIBERAL CONSTRUCTION ~ ~ The provisions of this Declaration of Condominium shall be ; liberally construed to effectuate its pu~pose of creating a uniform plan of Condominium ownership. ~ 3IX'XV . - ; t s DECLARATION OF CONDOMINIUM BINDING UPON DEVELOPER, - - ITS SUCCESSORS AND ASSIGNS, AND SUBSEQUENT O~WNSRS ~ _ ; The restrictions and burdens imposec3 by the covenants of thia ~ Declaration of Condominium.are intended to and shall constitute _ covenants running with the land, and shall constitute an equitable servitude upon each PRIVATE T~WELLING and its appurtenant unc7ivided ~ ~ -28- $ ~i ~.~~i 10.15. 2 - SPIELVOGEL, CipLD11AN A~1D CARUSO. P. A. • ATTORNEYS AT LAW - MERRITT ISLAND, FLORiDA