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HomeMy WebLinkAbout1138 Wt1ERE:AS, the parties hereto desire to reconfirm those certain casements more particularly described in Articles X1X anii XX of the Section 1 Declaration and to further grant and establish certain easements and other rights all as are hereinafter more particularly set forth upon the terms and conditions hereinafter more particularly set forth. NOW, TfIEREFORE, in consideration of the premises and in consideration of the sum of Ten and 00/l00 (510.00) Dollars, the receipt whereof is hereby acknowledged by each -party hereto from the other party hereto, and for other good and valuable consideration the receipt and sufficiency whereof is hereby acknowledged by each party hereto from the other party hereto, Equities and 1 Association (on behalf of itself and on behalf of all Section 1 Unit Owners) do hereby agree; reconfirm certain easements and other rights; and grant certain easements and other rights; as follows: 1. Correctness of Recitations; Filing With Court. The foregoing recita- tions are true and correct- and a duplicate original of this Agreement shall be filed with the Court wherein the Law Suit is pending (the "Court") with a view towards making same a part of the final judgment to be rendered by the Court therein. 2. Certain Definitions. _ The following words and phrases when used in this Agreement (unless the context should clearly reflect another meaning) shall have the following meanings A. "Residence" 'means any residential dwelling unit now ort here- after constructed upon the real property submitted to the condominium form of ownership under the Section 1 Declaration or upon the Future Development Property whether consisting of, without limitation, detached single-family homes, attached townhouse dwellings, attached duplex or other multiplex dwellings or any apartment-type unit contained in any multi-unit, two-story, residential building and whether any of the _ foregoing are subject to fee simple, cooperative, condominium, .rental or other forms of ownership and possession . Unless a contrary intention is clearly stated or indicated , any reference in this Agreement to a particular parcel of real property (e. g . , "Future Development Property") shall include, but not be limited to, all Residences now or hereafter constructed thereon . i B . "Contributing Unit" shall mean each Residence which has been issued a certificate of occupancy by the appropriate governmental authority or is otherwise permitted to be occupied under applicable law. ~ C. "Governmental Authorities" means, collectively, the City of Fort Pierce (the "City"); St. Lucie County, Florida (the- "County"); the State of Florida (the "State"); and the United States of America (the "Federal _ Government") . D. "Governmental Purposes" means all activities of the Govern- i mental Authorities in providing all governmental services including, but not limited to, police and fire protection; garbage collection; mail delivery; build- ~ ing inspections; etc. ~ F 3. Reconfirmation and Grant of Certain Easements. I A . The easements more particularly set forth or referred to in Article XIX- of the Section 1 Declaration are hereby ratified, reconfirmed and - regranted by 1 Association on behalf of itself and all Section 1 Unit Owners . j The easement referred to in Article XX of the Section 1 Declaration is hereby ratified, reconfirmed and regranted by Equities. 2 ;Fw - =t } °R301 1133 BCC( F~C~E :a~ a,