Loading...
HomeMy WebLinkAbout22955.3 Surve ~-or's Certificate. On the date of the execu- tion of this Declarat~o~ of Condom~um, the condominium building was not substantially completeds however, upon substantial comple- tion of construction, Developer shall amend the Declaration to include a Certificate of a Surveyor certifying the facts required by Section 718.104(4)(e), Flor,ida Statutes. 5.4 Amendment of Plans. (a) Alteration of Apartment Plans. The Developer reserves the right to change the interior design and arrangement of all apartments and to alter the boundaries between apartments, as long as it owns the apartments to be altered. No such change will increase the number of apartments nor alter the boundaries of the common elements without amendment of this Declaration in the manner described in Article 16 hereof. If the Developer shall make any changes in apartments, as herein authorized, such changes will be reflected by an amendment of this Declaration; and if more than one apartment is concerned, the Developer shall equitably apportion between the apartments the shares in the common elements appurtenant to the apartments concerned, in such proportions as the floor space of each apartment bears to that of every other apartment. However, no changes or amendments to the design plan of the apartments may be made by the Developer without the consent of the construction mortgagee. (b) Amendment of Declaration. When the condominium improvements have been substantially completed, this Declaration shall be amended to include the Certificate of a Surveyor authorized to practice in this State certifying that the construction is sub- stantially complete, and that the provisions of this Declaration describing the condominium property, together with the exhibits attached hereto, is an accurate representation of the location and dimensions of the improvements, and that the identification, loca- tion, and dimensions of the common elements and of each unit can be determined from these materials. 5.5 Easements. . (a) Easements are reserved through the condominium property, as shown in the Exhibits, in order to adequately serve this condominium and the other condominium~to'be known as OCEAN TOWERS, which shall be established and constructed substantially as shown in Exhibit "A-2" hereto attached;-however, such easements as may exist or may be~required through an apartment will be only according to the plans and specifications for the apartment building, or as the building is constructed. As to all easements there is reserved to the Association, its agents, successors or assigns and to the apartment owners their agents, heirs or assigns, and to the ap~rtment owners of the other ~ondominium to be known as OCEAN TOWERS, their.agents, heirs or assigns, the right of ingress, egress and access to such an extent'as•may be necessary or required for the f ull use, enjoyment, maintenance or repair of said easement or any improvements using or located thereon. . (b) There is hereby granted a pedestrian right-of- way easement over and upon the common elements of OCEAN TOWERS CONDOMINIUM B for~the use, enjoyment and benefit in perpetuity of any and all owners of the property described in Exhibit "A-15" to this Declaration for purposes of ingress and egress, by foot only, to the waters and beachfront of the Atlantic Ocean. 5.6 Easement Appurtenant. Cross easements to all common elements are hereby granted to all apartment owners in~OCEAN TOWERS CONDOMINIUMS A and B as an easement appurtenant, as more specific- ally provided in Section 5.1(c) above. 5.7 Im~rovements - General Description. (a) Apartment Building. The condominium includes one apartment building. It consists of ten (10) floors and contains apartments and common elements. -4- B~~x:3~8 p~~,F2 . . - ~ ~ ~3.-~ .~:~. ~.~s._:~ ~ T =~_. . " -~~~-~._:~~~