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The owners~of the resQective Condominium units agree that if
any portion of 3 Condominium unit or common elements encro3ches upon
another, a valld easement for the eacroachment and maintenance of same, so
lonq as it stands, shall and does exist. In the.event a Condominium building
or buildings are p3rEially or totally destroyed and then rebuilt, the unit~
. Gwners of the Condominium parcels 3qree that encroachments on parts of
the common elements or Condom inium units, as aforede~cr ibed, due to
construction, ~hall be permitted, ~and th3t ~ valid easement for ~id
encroachments and the m3intenance thereof shall exist.
C. No owner of a Condominium a3r~e1 may exempt him~elf from
liab:lity for his contribution toward the comm~n expen~e~ and other
asses~ments and in the case of an Interv3l Cwner, in 3ddition, the
m3inten~nce fee, by waiver of the u~e and enjoyment of a~y of the c~mmon
elements or ~ny r~creation facilities or by the abgndonment ~f hic
Condominium iinit or Interval Cwnership.
The Unit Cwners of each and every Condominium_p~.r~el or ~
Interval Cwner~hip therein shall return the same for the purpo~e ~f ad
valorem taxes with the Tax A~sessor of the ('ounty wherein th~ ~
Condomin~ium iG Gituated, or for such other future legally authorized
governmental officer or auth~rity ~.aving jurisdiction over same. Not~ing
herein sh3i1 be c~nstrued; however, as giving to 3ny tJnit Cwner the
right of contribution or any right of ~djustment aga inst any ~ther U nit Cwner
on account of any devia.tion by the taking authorities from the valuation
herein prescribed, each Unit Cwner to pe.y ad valorem taxes 3nd speciai
a~~essments as are separately ~ssessed ~c~.inst his C~nd~minium parcel or
Interv3l Cwnership. -
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In the event the Tax A ssessor refu~es, or is otherwiGe unable -to
break down ad valorem ta.xes on a unit committed to Interv3l Cwnership ~
j among the v~.rio~.~s owners of Unit `Neeks therein, or it i~ determined by the
~ Nanagement Firm, as long as~the Management Agreement remainG in eff~ct,
~ or the?-eafter t~e A ssociation, that it is in the ~best interests of ~ id Interval
~ . Cwners to do so, the Man~,gement Firm, if the Management Agreement is in
effect, and thereafter the L~~ard of Administration, shall rehirn the same and
pro-rate the ad valorem taxes amonq the v3rious owners of Unit ~~~eeks in e
~rticular unit, ~n the ~ame basis as the m3inter~ance fee, ~ollectinq sa.id tax s:
° a~ part of the maintenance fee, and p~.ying same to the T~,x Assessor. Should
any Cw~er fail t~ pay his share of the ad valorem taxes thr~ugh the
mainten~n;.e fee, the M3rngement Firm, as long as the Management
Agreement remains in effect, ~nd there~fter the AsGo~iation, sh311 have the
right and the power to ~x-~y same 3nd to levy an as~essment 3gainst the ~wner
for the unit weeks owned by said ~wner, which assessment shall have the sam
force and effect a~ all other specia.l assessments.
F~r the purposes of ad valorem t3x3.tion, unles~ otherwise prescribe
by law,. the :nterest of e~ch Unit Cwner in his unit and the comm~n elements
. appurtenant thereto shall be conGidered as 3 unit. The value of each said
R p~.rcel (or Interval Cwnership in ~ne so ~~mmitted) for 1~~ purpose
~ shall be equal to the fracti~nal interest in the common element~ appurten~nt t
~ the unit (~f a pgrcel not committed to Interval Cwnership? ~r Interv3l Cwner- :
~ ship in fee or rem3inder respe~tivPly times the value of th~e entire ~
~ condominium((including all lands and improvements thereof). ~
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E. All provisions of this L~e~laration and the Exhibits and ~
- w. R. scon Amendments hereof and/or there~f, together with the MASTER rECLARAT~
ATTORNEY~TLAW CF CCVENANT~, CCNDITICN~ AN~ RE~TRICTICNS CF TURTLE_ REEF and ~
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