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

Plat as affecting and burdening such Lot; 5  b) Each Lot shall be subject to an easement for the entry by the authorized agents and representatives of the Association to go upon such Lot under the circumstances, and for the purposes, described in Articles VI and VIII of this Declaration. c) In addition to the easements shown and depicted upon the plat there is hereby reserved unto the Declarant and unto its successors and assigns a " view corridor" at a minimum width of 10 feet. No vertical opaque structure shall be placed within this area. ARTICLE III COMMON AREA Section 1. Common Area. The Declarant shall have the right to transfer and convey to the Association any portion of the Bay Towne View Estates Property. All portions of the Bay Towne View Estates Property, which the Declarant shall so transfer or convey to the Association, shall thereafter constitute Common Area. There shall be no limitation on the portions of the Bay Towne View Estates Property, which the Declarant may transfer and convey to the Association as Common Area pursuant to this Article III, nor on the improvements, which may be located on such Common Area. In the event that the Declarant shall transfer and convey to the Association any Common Area which shall have been improved by the construction thereon of any facility ( including, without limitation, any swimming pool, tennis courts or other athletic or recreational facility, restaurant, auditorium, meeting hall, theater, office building, or security post) for which the Declarant shall have entered into any management or operating agreement, the Association shall assume all of the Declarant' s obligations under said agreement if the Declarant shall elect to assign and delegate the same to the Association in connection with said transfer and conveyance. All portions of the Bay Towne View Estates Property which shall be transferred to the Association by the Declarant ( a) shall be conveyed to the Association by limited warranty deed free of debt encumbrance, and ( b) shall be conveyed to the Association subject to the rights and easements set forth in Sections 2 and 3 of this Article III, irrespective of whether the deed of conveyance shall make a reference to such rights and easements. Provided that the specific set forth in conveyance of Common Area to the Association satisfies the requirements subparagraphs ( a) and ( b) hereof, any portion of the Bay Towne View Estates Property which the Declarant may elect to convey to the Association as Common Area may be subject to such covenants, restrictions, easements and encumbrances as shall be determined by the Declarant in its sole discretion. In the event that any portion of any Common Area to be conveyed by the Declarant to the Association is to constitute Limited Common Area, the deed by which the same shall be conveyed to the Association shall identify such Limited Common Area and designate the particular Membership Property, which shall have the exclusive use of such Limited Common Area. 6  By joining in the execution of this Declaration, the Association does hereby covenant and it pursuant to and agree to accept all conveyances of the Common Area, which may be made to in accordance with the terms and provisions of this Section 1. Section 2. Members' Rights in Common Area. Every owner of any Lot shall have a right and easement of enjoyment and use in and to the Common Area ( except for non- exclusive Limited common Area reserved for the exclusive use of any Membership Property not owned by such owner), also known as the Amenities, however, any person using those Common Areas or Amenities must meet the age requirements as more fully described in Article VII, Section 3, hereof, and such right and easement shall be appurtenant to, and shall pass with, the title to the Lot( s) owned by such owner. Such right and easement of enjoyment and use are and shall be subject to the easements which are described in Section 3 of this Article VIII and to the right of the Association to promulgate reasonable rules and regulations regarding the use of Common Area, and the right of the Association, as provided in the Bylaws, to suspend the enjoyment rights of the owner of any Lot during any period in which any assessment which is due to the Association from such owner remains unpaid, and such period as the Board of Directors may consider appropriate for any infraction of its published rules and regulations. In addition, the Board of Directors may permit other persons who are not residents of any Lots to use the Common Area ( other than Limited Common Area) upon such terms and conditions, and for the payment of such fees, as shall be determined by the Board of Directors. Section 3. Easements Over Common Area. All Common Area shall be subject to, and Declarant and the Association do hereby grant, the following easements: a) An easement across, in, under, over through the Common Area for the and and purposes of the construction, installation, repair, maintenance and use of all utility drainage facilities as exist on the date of this Declaration; and b) An easement in favor of Declarant for the exclusive use of such portions of the Common Area as may be reasonably desirable, convenient or incidental to the construction and installation of improvements on, and the sale of, any Lots, including, but not limited to, sales and business offices, storage areas, construction yards and signs. Such easements shall be exercisable by any and all persons who the Declarant shall authorize to exercise the same, including, without limitation, real estate sales agents and brokers and builders of residences upon the Lots, irrespective of whether such persons are affiliated with the Declarant. Such easements shall exist notwithstanding any provision of this Declaration which might be construed to the contrary, but shall terminate at such time as the construction on the Lots of residential buildings has been completed and all of the Lots shall have been conveyed to owners thereof who shall not have acquired the Lots for the purpose of immediate resale of the same. Such easements shall and do exist without affecting the obligation of the owner of any Lot to pay assessments or charges coming due during such period of time as portions of the Common Area shall be used by authorized persons pursuant to the exercise of the easements herein stated. Section 4. Damage or Destruction. In the event that any improvements located on any Common Area shall be damaged or destroyed on account of the occurrence of any casualty, the 7 Board of Directors shall proceed with the filing and settlement of all claims arising under any policy of insurance maintained by the Association with respect to such improvements and shall obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed improvements. Any such damage or destruction shall be repaired or reconstructed unless it shall be decided, within ninety ( 90) days after the occurrence of the casualty, by a majority of the total vote of all then existing classes of Membership of the Association not to so repair or reconstruct such damage. In the event that it shall be so decided not to repair or reconstruct any such damage or destruction, the proceeds of any insurance as may become payable to the Association as a result of such damage or destruction shall be applied to such purposes as may be determined by the Board of Directors. Section 5. Sale or Abandonment of Common Area. In no event shall the Association abandon, sell or transfer any portion of the Common Area unless such abandonment, sale or transfer shall be first approved in writing by: ( a) the owners of no fewer than sixty- seven percent 67%) of the Lots, and ( b) the Declarant, until such time as the Class B Membership shall terminate ( as provided for in Article IV, Section 3 of this Declaration). Notwithstanding the foregoing, however, the provisions of this Section 5 shall not be deemed to prohibit or limit the power and authority of the Association to grant a security interest in any Common Area, both real and personal, as collateral for money borrowed by the Association for any Association purpose. Without limiting the generality of the foregoing, the Board of Directors shall have the power and authority, upon the affirmative vote of a simple majority of the members thereof (and without the requirement that the same be approved by any Members of the holders of any Mortgage upon an Lot), to subject any Common Area to a Mortgage to secure the repayment by the Association of any money borrowed by the Association in connection with the repair and replacement of any Common Area and/or the construction of any capital improvements upon any Common Area. ARTICLE IV THE ASSOCIATION Section 1. The Association. Prior to the date this Declaration has been filed for record with the Clerk of the Superior Court of Okaloosa County, FLORIDA, the Declarant has caused the Association to be formed, and the Association does now exist, under its Articles of Incorporation and Bylaws. The Association is and shall be responsible for the ownership, management and operation of the Common Area, the enforcement of the covenants and restrictions set forth in this Declaration, the collection of all assessments provided for in Article V of this Declaration, and the performance of such other duties and the provision of such services as the Board of Directors shall deem to be in the best interests of the Members. The Association shall have all of the power and authority provided to the Association by the provisions of ~44- 3- 231 of the Act. 8 Without limiting the generality of the foregoing, the Association shall have the specific power and authority: ( a) to provide landscape and grounds maintenance services for real property which does not constitute Common Area, including real property owned by any governmental entity and ( b) to maintain, repair and replace, and pay charges for electric service to, any street lights that are located within the right- of-way of any public road if the applicable governmental entity shall neglect to do the same, and, in the case of both of the activities identified in clauses a) and ( b) hereof, the Board of Directors shall have determined that the carrying out of such activities by the Association is in the interest of the Members. The Declarant's plan for the development of the Bay Towne View Estates Property contemplates that the Phases located in different portions of the Membership Property will be developed with separate and distinct types of residential and commercial structures, and that the Association may provided certain services ( such as landscaping and grounds maintenance and