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The L`eveloper shall not be responsible for ~onditions resulting
from condensatio~ on or expansion or contra~tion of material~, paint
over walls, both interior and exterior, loss or injury ~~aused in any way
by the_elements; the water tightness of windows and doors, deiects which
are the result of characteristics common to the materials used, and
damage ~ue to ordinary wear and tear or abusive use, collection of
water within the buildinqs or on any portion ~f the Condominium property
nor anything of any type or nature except such items as are specifica.lly
delineated and agreed to in writing betwean the L`eveloper and the
individual U nit~ Cwners and it shall be understood and agreed that the ;
reveloper shall bear no responsibility in any way as to the matters - ;
provided in this paragraph~ to the A ssociation and/or Unit Cwners. '
Gua.rantees have been obtained from certain ~ontra~tors 3nd ~ub-~~ntrac- -
tors and warranties have been obtained from the manufa~turers of ~ertain
appliances and equipment, as specified by said manufacturers, and it shall ~
be the oblig~tion of the Management Firm, the Association and its m~mbers ;
to_enforce such gua.rantees and warranties. The warranty provisions of {
Section 718. 203 of the Condominium A ct shall govern triis paragraph. ~
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. P. The A~sociation, by its execution of this reclaration, ~
approves the foregoing and all of the covenants, terms and c~nditions,
dutie~ and obligations of this L~eclaration and the Exhibits attached hereto.
The Unit Cwners, by virture of their acceptance of T`eed of C~nveyance as
to their Condominium par~el or Interval Cwnership, ~r the use of said
parcel or Interval Cwnership, and other Pa.rties by virtue of their
occupancy of units hereby approve the foregoinq and all of the terms and
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conditions, duties and obligations of this reclaration and the Exhibit~ ~
atta.ched hereta.
Q.~ N~ Unit Cwner shall bring, or ha.ve any right to _bring, any ~
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action for partition or division of the Condominium property, and, in '
addition, no ~nterva.l Cwner shall have any right to bring any such acti~n
with referen~e to the Condominium parcel within which his Interval Cwner- ,
ship lies or to the other Interval Cwners in such C~ndominium parcel.
~ p. The real property submitted to Cond~min~um ownership
herewith is subje~t to conditions, limitation, rPStrictions; reservations
and all matters of record, including, but not limited to, the rECLARA TICN
CF CCNVENANTS, CCNL'IT~CN~ A NL~ RESTRICTICNS CF TURTLE REEF, _
and the rights of the United States of America, the State ~f Fl~ricl3, ~r ;
any governmental authority ~r agency as t~ any submerged landS 3C1CI 3s to ~
any lands lying below the natural ordina~ry hiqh-water line of the surr~undinq
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pdies of water, taxes, a p pl~cable zonin g ordinances now .in existence or ~
which may hereafter exist, ea.sements for ingress and egress for ped- _
estrian and vehicular purposes, easements for utility service and drainage ~
n~w existing ~r hereafter gra.nted by the reveloper for the benefit of such ;
persons as ~the reveloper designa.tes, and the sa.id reveloper shall have '
the right to qra.nt such ea.sements and desiqna.te the beneficia.ries thereof ~
~ for such tune as it determines, in its sole discretion, until completion ~f ?
all improvements upon the Condominium property and for a period of one (1) ~
. yEar thereafter. There.~fter, the Associa.tion shall be empowered to gra.nt ~
such easements on behalf of its members. L`uring the peri~d of time that ~
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~the L~eveloper has the right to grant the foreqoing ea.sements, the consenf ~
~ and apQroval of the Association and its members shall not be required. i
~ The right to gra.nt the foregoing easements shall be subject t~ said easement
n~t structurally weakening the buildinqs and impr~vements upon the C~nd~- f
R- ~TT minium property nor unreasonably interfering wihtheenjoyment ~f the ~
"n°"""'"""'" . Condominium property by the Ass~ciation members.
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