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HomeMy WebLinkAbout0402ing mortgage financing, an agency of the United States Government, or any lender, institutional or otherwise, which has loaned funds for the construction of the condominium or for the purchase of any unit. 4.13 Sin ular, Plural, Gender. Whenever the context so permits, the use o p ura wi inc u e the singular, the use of the singular will include the plural, and the use of any gender will be deemed to include all genders. 5. DEVELOPMENT PLAN The Condominium is described and established as follows: 5.1 Dedication of Recreational and Common Use Properties. (a) The Developer shall construct certain improve- ments upon the common elements which improvements shall, among other things, consist of landscaping, automobile parking areas, swimming pools, tennis court, and other facilities located substantially as shown on the drawing attached hereto as Exhibit "A-1". (b) The common elements are shown on Exhibit "A-1" attached hereto. The Owner and the Developer further declare and covenant that said common elements shall at all times be open and useable by the apartment owners and their guest and employees of condominium units in the several condominiums known as OCEAN HARBOUR. The Owner and the Developer further declare that this covenant shall run with the land and shall be enforceable by the County of St. Lucie, State of Florida. (c) Each apartment owner in each of the five (5) condominiums jointly to be known as OCEAN HARBOUR shall have equal rights to possession and use of the common elements. The assess- ment for said facilities shall include without limitation, mainten- ance, taxes and insurance, and shall be charged to the apartment owners entitled to the use of said facilities. Each of the five (5) condominiums to be created at OCEAN HARBOUR shall share equally in the cost of maintaining both of the pools and the tennis courts. They shall also share equally in the cost of maintaining all of the roadways and parking areas at OCEAN HARBOUR. All of the apartment owners of Condominiums A, B, D and E are hereby granted a perpetual easement across all of the property of OCEAN HARBOUR CONDOMINIUM C. The Declaration of Condominium for Condominiums A, B, D, and E shall contain this same grant of easement across those lands to the unit owners of Condominium C. (d) Bryn Mawr Utilities share equally in th~ shall be considered ium and therefore a common expenses. Water and Sewer service shall be furnished by pursuant to agreement. Each apartment shall e cost of water and sewer service. These costs a part of the common expenses of the Condomin- part of the quarterly assessment made for 5.2 Survey and Plot Plans. A legal description of the land, a survey of the land and the common elements on the land, plot plans showing location and dimensions of each apartment and of the common elements are attached hereto as Exhibit "A-1" through "A-11". For the purpose of identification, all apartments in the buildings located on said land are given identifying letter and number combinations and no apartment bears the same identifying letter and number as does any other apartment. tion of was not tion of include Section 5.3 Surveyor's Certificate. On the date of the execu- this Declaration of Condominium, the condominium bui~.ding substantially completed; however, upon substantial comple- construction, Developer shall amend the Declaration to a Certificate of a Surveyor certifying the facts required by 718.104(4)(e), Florida Statutes. -3- I 3 80~X~~~ PdGE 402 ~~~ S .n