HomeMy WebLinkAbout1409 E . Grant of Easement for "Entry Way"
Developer does hereby grant unto the Association and the Apartment
Owners and their heirs, successors and assigns a nonexclusive easement
(which, as to the Apartment Owners shall be appurtenant to and run with
their respective Apartments) for pedestrian and vehicular traffic and for the
installation and maintenance of underground utility lines and appurtenances
over and across the "Entry Way" (as defined in the Settlement Stipulation and
being comprised of the real property and easement rights more particularly
described on Exhibit T attached hereto and made a part hereof) for the use
and benefit of the Association, the Apartment Owners and their respective
invitees , guests , licensees and lessees . The Developer reserves unto itself
and its successors and assigns the right to grant to other parties other and
additional easement rights with respect to the Entry Way (whether or not
similar to the easement rights granted in this Paragraph) .
XII. APPORTIONMENT OF TAX OR
SPECIAL ASSESSMENT IF LEVIED AND
ASSESSED AGAINST THE CONDOMINIUM AS A WHOLE
A . In the event that any taxing authority having jurisdiction over this
Condominium shall levy or assess any tax or special assessment against this
Condominium as a whole rather than levying and assessing such tax or special
assessment against each Apartment (hereinafter referred to as a "New Tax") ,
then such New Tax shall be paid as a Common Expense by the Association .
Any New Tax shall be included, if possible, in the estimated annual budget of
the Association, or if not possible, shall be separately levied and collected as
a special Assessment by the Association against all of the Apartment Owners .
Each Apartment Owner shall be assessed by and shall pay to the Association a
percentage of the New Tax equal to that percentage by which such Apartment
Ov~~ner shares in the Common Elements . In the event that any New Tax shall
be levied, then the Association shall separately specify and identify that
portion of the annual budget or of the special Assessment attributable to such
New Tax, and the portions of such New Tax allocated to an Apartment shall
be and constitute a lien upon such Apartment to the same extent as though
such New Tax had been separately levied by the taxing authority upon each
Apartment at the time of the "Annual Assessments" (as hereinafter defined)
following such budget or the levying of such special Assessment.
B . All personal property taxes levied or assessed against personal
property owned by the Association and all Federal and State income taxes
levied and assessed against the Association shall be paid by the Association
and shall be included as a Common Expense in the annual budget of the
Association .
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d XIII. OCCUPANCY AND USE RESTRICTIONS
A . The Apartments shall be used for single-family residences only . ~
No separate part of an Apartment may be rented, and no trade, business, i
profession or other type of commercial activity may be conducted in any
Apartment.
i£ B . An Apartment Owner shall not permit or suffer anything to be done
~ or kept in his Apartment which will increase the insurance rates on his Apart-
ment or the Common Elements or which will obstruct or interfere with the
rights of other Apartment Owners, or the Association. No Apartment Owner
shall annoy other Apartment Owners by unreasonable noises or otherwise, nor
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RUOEN, BARNEiT, McCLOSKr 6 SCHUS7ER, ATTORNErS AT LAW, 25 SOUTH ANDREWS AVENUE. FORT IAU DEFDALE. FLO R~OA