Fort Walton Beach Ordinance — 1811 rezone 248 brooks / baytowne view sub — reading text

DEFINITIONS As used in this Declaration, the following terms shall have the meanings ascribed to them in this Article I, such definitions being cumulative of those set forth elsewhere in this Declaration. In addition, all terms used in this Declaration, which are defined in the Act, shall have the meanings ascribed to them in the Act, unless other definitions are ascribed to them in this Declaration. Act" shall mean the FLORIDA Property Owners' Association Act. Annual Assessment" shall have the meaning specified in Section 4 of Article V hereof, and shall constitute the assessments which, pursuant to the provisions of Article V hereof, shall be levied by the Association against the Membership Property each year for the purpose of raising the funds necessary to pay the " Annual Expenses" ( as that term is defined in Section 3 of Article V hereof). Articles of Incorporation" shall mean the Articles of Incorporation of the Association, as the same may be amended from time to time. Association" shall mean Bay Towne View Estates Property Owners Association, Inc, a FLORIDA non- profit Membership corporation. Board of Directors" shall mean the Board of Directors of the Association. Bylaws" shall mean the Bylaws of the Association, as the same may be amended from time to time. Common Area" shall mean all real and personal property submitted to this Declaration which is owned or leased by the Association for common use and enjoyment of the Members, including, without limitation, all of the real and personal property which shall be conveyed and transferred to the Association by the Declarant pursuant to Section 1 of Article III of this Declaration. Common Area shall not include any Membership Property, which shall be acquired by the Association through foreclosure of the lien in favor of the Association, as provided for in Article V of this Declaration. Declarant" shall mean Sawyer & Associates, Inc, a FLORIDA corporation, and shall also include ( a) any successor or assign of Sawyer & Associates, Inc who shall acquire the entire interest in the Bay Towne View Estates Property which was owned by the immediate predecessor- in-title of such successor or assign, and ( b) any successor or assign of Sawyer & 2 Associates, Inc to whom Sawyer & Associates, Inc shall specifically assign the rights, privileges, duties and obligations of the Declarant under this Declaration; provided, however, that at all times only one party shall have the status of the Declarant under this Declaration. Consequently, in the event that Sawyer & Associates, Inc shall at any time specifically assign the rights, privileges, duties and obligation of the Declarant under this Declaration to a successor or assign, then no party who shall subsequently acquire the entire interest of Sawyer & Associates, Inc ( or any successor of assign) in the Bay Towne View Estates Property which was owned by its immediate predecessor- in-title shall have the status of the Declarant under this Declaration unless predecessor- in- title was the only then existing Declarant. First Mortgage" shall mean a Mortgage conveying a first priority lien upon or security title to any Membership Property. Limited Common Area" shall meanany Common Area, which shall have been designated as Limited Common Area in the limited warranty deed by which the Declarant conveyed the same to the Association. In addition, as used in this Declaration, the term " Limited Common Area" shall also mean " limited common areas" within the meaning of the Act, such that all provisions of the Act relative to " limited common areas" shall apply to the " Limited Common Area" within the meaning of this Declaration. Lot" shall mean each of the Existing Lots and each additional plot or parcel of the Bay Towne View Estates Property, other than Common Area, which shall be designated for separate ownership and occupancy, as shown on a plat which shall be recorded in the Office of the Clerk of the Superior Court of Okaloosa County, FLORIDA, and which shall be submitted to this Declaration as Membership Property by the recording of a Supplemental Declaration to this Declaration pursuant to the provisions of Section 2 of Article II hereof. A Lot shall also include an individual condominium unit in any condominium that may be submitted to this Declaration as Membership Property. In addition, as used in this Declaration, the term " Lot" shall also mean a " lot" within the meaning of the Act, such that all provisions of the Act relative to " lots" shall apply to the " Lots" within the meaning of this Declaration. Bay Towne View Estates Property" shall mean the entirety of the real property described on Exhibit A hereto attached and made a part hereof. Member" shall mean the Declarant, until the termination of the Class B Membership, as provided in Section 3 of Article IV of this Declaration, and every other Person who is the record title owner of any Lot. Membership Property" shall mean, collectively, the Existing Lots and all portions of the Bay Towne View Estates Property, which are hereafter subjected to this Declaration as additional Membership Property in the manner described in Section 2 of Article II of this Declaration. 3  Subdivision Plat" shall mean, collectively the subdivision plats identified on Exhibit B hereto and any and all other plats of survey which shall be recorded pursuant to the provisions of Article II, Section 2 of this Declaration for the purpose of subjecting additional portions of the Bay Towne View Estates Property to this Declaration as Membership Property. Supplemental Declaration" shall mean a Supplemental Declaration which shall be executed by the Declarant ( and, if applicable, the owner of the real property depicted thereon) and recorded pursuant to the provisions of Section 2 of Article II of this Declaration for the to the terms purpose of submitting an additional portion of the Bay Towne View Estates Property and provisions of this Declaration applicable to Membership Property. View Corridor" shall mean an area located between homes required by the City of Fort Walton Beach and recorded pursuant to the provisions of Section 2 of Article II of this Declaration for the purpose of submitting an additional portion of the Bay Towne View Estates Property to the terms and provisions of this Declaration applicable to Membership Property. ARTICLE II MEMBERSHIP PROPERTY Section 1. Membership Property Hereby Subiected to this Declaration. The Declarant, for itself and its successors and assigns, does hereby covenant that the Existing Lots be, and the same hereby are, subjected to the Act and to this Declaration as Membership Property and Lots. The Declarant, for itself, its successors and assigns, hereby further covenants that the Existing Lots shall hereafter be held, transferred, sold, conveyed, used, leased, occupied, mortgaged or otherwise encumbered subject to all of the terms, provisions, liens, charges, easements, covenants and restrictions set forth in the Act and in this Declaration as applicable to Membership Property and Lots, including, but not limited to, the lien provisions set forth in Article V hereof. All of the terms, provisions, liens, charges, easements, covenants and restrictions set forth in this Declaration as applicable to Membership Property and Lots shall be a pennanent charge on, and shall run with, the Existing Lots. Section 2. Additional Membership Property Hereafter Subiected to this Declaration. The Declarant may, at any time, and from time to time, subject additional portions of the Bay Towne View Estates Property to the Act and the terms, provisions, liens, charges, easements, covenants and restrictions of this Declaration applicable to Membership Property by: a) Executing and recording in the Deed Records of Okaloosa County, FLORIDA, a Supplemental Declaration to this Declaration describing such additional Membership Property and stating that this Declaration is thereby extended to, and shall thereafter apply to, such additional Membership Property; and 4  b) Recording in the Plat Book Records of Okaloosa County, FLORIDA, a plat of survey showing and depicting the portion of the Bay Towne View Estates Property being thereby subjected to this Declaration as additional Membership Property. From and after the subjecting of such additional Membership Property to the Act and this Declaration, such additional Membership Property shall thereafter be held, transferred, sold, conveyed, used, leased, occupied, mortgaged or otherwise encumbered subject to all of the terms, provisions, liens, charges, easements, covenants and restrictions of this Declaration applicable to Membership Property, including, without limitation, all lien and assessment provisions set forth in this Declaration; from and after the subjecting of such additional Membership Property to this Declaration, all of the terms, provisions, liens, charges, easements, covenants and restrictions set forth in this Declaration as applicable to Membership Property shall be a permanent charge on, and shall run with, such additional Membership Property. Except as otherwise provided in the Act, approval from any Member of the no Association, or from anyone else whomsoever, shall be required for the Declarant to subject any portion of the Bay Towne View Estates Property to this Declaration as Membership Property. In addition it shall not be necessary that the Declarant be the owner of any portion of the Bay Towne View Estates Property which is subjected to this Declaration as Membership Property, provided that the Supplemental Declaration which subjects such property to this Declaration shall be executed by both the Declarant and the owner of such portion of the Bay Towne View Estates Property. Section 3. No Effect on Balance of Bay Towne View Estates Property. Notwithstanding anything contained in this Declaration which may be constructed to the contrary,.this Declaration does not create any charge, lien, encumbrance, restriction, or limitation on any portion of the Bay Towne View Estates Property other than the Existing Lots unless and until any additional portion of the Membership Property or Common Area is subjected to this Declaration in the manner set forth, respectively, in Section 2 of this Article II or in Section 1 of Article III, and then, only from that time forward. Section 4. All Lots Bear the Burdens and Enjoy the Benefits of this Declaration. Every interest in any Membership Property person who is a record owner of a fee or undivided fee does, by acceptance of a deed or other conveyance thereto, and by acceptance of such ownership, and by taking record title to such Membership Property, agrees to all of the terms and provisions of this Declaration. Each of the Lots is subject to all the burdens, and enjoys all the benefits, made applicable thereto hereunder. Section 5. Easements Over the Lots. The Lots shall be subjected to, and the Declarant does hereby grant to the appropriate grantees thereof, the following easements: a) Each Lot shall be subject to all easements which are shown and depicted on the Subdivision