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+ therewith by in~unction or other suit or otherwise may be brought
' at the option of Homeowners Associatioa, its successors or assigns,
~ or any other lot owner, or Aqua Rabella Associates. The failure
• or omission to bring such suit or take such other proceedings as
1 may be deemed necessary shall not be held to be a waiver of eny
,I rights by Hoaaeowners Association or Aqua Rabella Associates, its
~ successors or assigns, or of any lot owner to eaforce compliance
; with these ~onditions.
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i` 18. There is expressly reserved to Aqua.Rabel~a Associates,
~ or its assigns, or Homeowners Associatioa, either of them acting
~ individually, the right to release any of these restrictions or
, provisions upon their own petitioa or the petition of aay lot
~ owner. Except, however, Hom~owners Association has no authority
to releuse any restrictions regarding the provisions of the recre-
~i ation lease, or the lien created by paragraph 10 hereof, or the
1 easement mentioned in paragraph 14 hereof. The release of any
~ one restriction, or restrictioas, for any lot owner shall not be
deemed to be a release of those restrictions for any other lot
I owner, and shall not be deemed a precedent to require the release
of same restriction or restrictions for any other lot owner on
~ their petition.
~
i 19. Invalidation of any one of these covenants by 3udg~aent
or court order shall in no wise affect any of the other provisions
but shall remain in full force and effect.
20. The restrictions provided for herein shall be real
covenants and shall run with the land and be included in all future
contracts and deeds until the year 2000, except that the right of
way for utilities as mentioned in paragraph 14, the right to rent
and maintenance under the recreational lease mentioned herein; the
right of the Homeowners Association to make assess~ents under para
graph 11 hereof, and the liens against any premises for failure to
pay said rent, maintenance fee, or assessments under paragraph 11
hereof, will aot thea terminate, but shall continue by and at the
pleasure of Aqua Rabella Associates, its successors and assigns,
as to the rent and maintenanco and to the Homeowners Association
as to the assessments under paragraph 11, hereof.
! IN WITNESS WHER$OF, the said Grantor has signed and sealed
I
~ these presents the day and year first above written.
Signed, sealed aad delivered AQUA Rt~BELLA, INC.
ip o fr presenc~: ~ ~
/
i'ZC~G'~ By ~ - .
~ •Its President
(CORPORATE SEAL)
STATE OF ~ ~ -
COUNTY OF Gu~! h f~/
~ Before me personally appeared KENNETH H. DURNBAUGH ,
to me well known and known to me to be the of =
~ AQUA RABTLLA, INC., the corporation named in e^ oregoing instru- _
~ ment, and known to me to be ~he person who as such officer of said
corporation, executed the same; and then and there the said `
~;u~TU u_ DuRNRA.~,~t(',H_ did acknowledge before me that said instru-
~ ment is the free act and deed of said corporation by him executed
as such officer for the purposes therein expressed; that the seal
~ thereunto attached is the corporate seal by him in like capa~i~`~~''•
~ } affixed; all under authority in him duly vested by t6e Bc~~r~l-:d~:`.,
`1=? i Directors of said corporati on. , ~ ~ , _
WITNESS my hand and official s 1 this 21st day_o~: C -
~V ' • f A` ~ ` ~ _
: June , 29? 4. - - . ~ = ~
. - . . _ . _ _
y coma~ission ex~ires : ° -r_. 4 - ~ . • '
OUdHT R60N. OUGHT[RfON ! rRiMfITT ~ R O. DRAW ed, fTUART. FLORIDA 3~49s
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