HomeMy WebLinkAbout2977 V. GENERAL PROVISIONS
A . Captions .
Captions inserted throughout this Declaration are intended only as a
matter of convenience and for reference only and in no way shall such cap-
tions or headings define, limit, or in any way affect any of the terms and
provisions of this Declaration.
B. Pronouns, etc.
Whenever the context so requires, any pronoun used herein may be
deemed. to mean the corresponding masculine, feminine or neuter form thereof,
and the singular form of any nouns and pronouns herein may be deemed to
mean the corresponding plural form thereof and vice versa .
C . Severability .
In the event any one of the provisions of this Declaration shall be
deemed invalid by a court of competent jurisdiction, said judicial determination
shall in no way affect any of the other provisions hereof, which shall remain
in full force and effect. Further, the invalidation of any of the covenants and
restrictions or terms and conditions of this Declaration or a reduction in the
term of same by reason of judicial application of the legal rule against per-
petuities shall in no way affect any other provision which shall remain in full
force and effect for such period of time as may be permitted by law.
D . Enforcement of ~ Covenants and Restrictions .
The covenants and restrictions contained in this Declaration may be
enforced by the Section 2 Association, any Owner or Owners, any condomin-
ium association formed with respect to and managing a condominium created by
the submission of any portion of the Future Development Property to the
condominium form of ownership, and any Institutional Motgagee of record .with
respect to any portion- of the Future Development Property, in any judicial
proceeding seeking any remedy recognizable at law or in equity, including,
but not limited to, damages, injunction or any other form of relief against any
person, firm or entity violating or attempting to violate any covenant or
restriction hereunder . _ The failure by any party to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of such
covenant or restriction or of the right of such party to thereafter enforce
such covenant or restriction or other provision of this Declaration . The
prevailing party in any such litigation shall be; entitled to reasonable attor-
neys' fees and court costs at X11 trial and appellate levels .
f E . Termination and Modification .
This Declaration can only be terminated or modified by recording a
€ written statement or statements so terminating or modifying this Declaration
E collectively executed by all of the fee Owners of the -Future Development
Property and all Institutional. Mortgagees holding a • mortgage on any portion of
the Future Development Property including, but not limited to, any "Condo-
minium Parcels" (as that term is defined in: the Act) located thereon, which
execution and recording shall be with the same formality as would be required
of a deed .
E
F. Benefits and Burdens.
The benefits and burdens hereof shall be for and imposed upon the
Future Development Property or such portions thereof as may be applicable,
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RUDEN, BARNETT, MCCLOSKY b SCNUSTER, ATTORNEYS AT LAW, 25 SOUTH ANDREWS AVENUE, TORT LAU OERDALE. FLORIQA
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