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HomeMy WebLinkAboutMisc Letters Windmill Viffage oy the Sea All 2 ° 01? Public worb�� Condominium No. 1, ,association, Inc. St` L c'� Cap ntya Fi= DOCK LICENSE WINDMILL VILLAGE BY THE SEA NDO INIU NO. 1 ASSOCIATION, INC. (hereinafter Windmill Village0, and ll .�1 'r�' , owner of Lot# At Windmill Village (hereinafter Owner) enter into this License Agreement for the purpose of permitting owners to construct a dock in the canal area adjacent to Lot# . In consideration for the mutual covenants and agreement to this document, the parties agree as follows: 1. Owner shall be entitled to construct and maintain a dock (and davit or boat lift) adjacent to Owner's lot. 2. Windmill Village has adopted rules and regulations pertaining to these docks. Owner agrees to comply with these rules and regulations and any reasonable amendments that may be made by Windmill Village in the future these initial rules are attached as Exhibit "A" and incorporated by reference into this Agreement). 3. Owner will be solely responsible for all construction, maintenance, repair and replacement of dock and agrees to keep the dock in a safe condition and in good repair. If, at any time, Owner should fail to properly maintain the dock, then after written notice and an opportunity to make the repair, if Owner still fails, Windmill Village will have the right (but not the responsibility) to accomplish the repair. Such special assessment shall be treated like any other assessment levied pursuant to the Windmill Village Declaration of Condominium. 4. Owner shall supply to Windmill Village annual proof of insurance. This insurance policy shall include general liability for any and all structures, as well as vessels that may be moored at the dock. Owner shall indemnify, defend and hold harmless Windmill Village for any claims or damages that may arise because of the use, construction or existence of this dock. 5. Windmill Village agrees thaj0rshall have sole and exclusive possession of the dock adjacent to Lot# provided that Owner complies with all terms of this Agreement as well aill Village's rules and regulations attached as Exhibit "A 6. Owner will convey ownership of the dock and any structures located thereon such as davits and lifts to any individual who purchases Owner's Lot. 7. Owner understands that it may, at some time in the future, be necessary to remove portions of the dock to allow access to the seawall which is part of the common elements of Windmill Village. While it is the intent of the parties that the construction of the dock shall not impact the seawall (see Rules), the parties acknowledge that future needs cannot be fully anticipated. Owner recognizes r that he/she will be responsible for any removal and/or replacement costs occasioned to gain access to the common element seawall. 8. The terms and conditions of this Agreement shall be enforceable in the Courts of St. Lucie County. In any such enforcement action, the prevailing party shall be entitled to recover of reasonable attorney's fees and costs incurred. Dated this �� day of 9(?- � . �?b1i , 41 e L WINDMILL VILLAGE BY THE SEA (gnature of Witness CONDO NIUM No. 1, AS OCIATIO , INC. Printed/name of Witness sident 0 Signatu of W' ness Board Member -JO`L Printed name of Witne Attest: Signature of Witness P meWa me o Witness Owner 84911ure 6f Wit ess '^ J,\// ldqk)f�- Owner Printed Name of Witness/ State of Florida) SS COUNTY OF: T fore ing instrum�n> was acknowledged before me on day of 20/7 by Q Presf?e-nt and as Board Member respectfully of WINDMILL VILLAGE BY T HE SEA CONDOMINIUM NO. 1,ASSOCIATION, INC. ()who are personally known to me, or()who have produced identification Type of Identification Not r°� �P�B�c L�NESORM�Signature * MY COMMM*H 9 FF W974 * EXpM:Aust24,2= My Commission Expires: N�T�epiEa�°� sa,eeam�+ ►+ s"'^°" Printed Name 6/20112