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

must be provided to the Property Owners Association. ARTICLE IX AMENDMENT The terms, provisions, covenants and restrictions of this Declaration may be amended upon theapproval of such amendment by ( a) the Declarant, if the Declarant shall then own any Lot or any other portion of the Bay Towne View Estates Property and the Declarant shall not have surrendered control of the Association to the Members or ( b) a 2/ 3 vote of the members of 0 of all the Association, if Declarant has surrendered control of the Association and more than 750/ Lots have been sold. The approval of any such amendment by the Members of the Association shall be given by each such Member either casting a vote in favor of such amendment at a such Member meeting of the Members of the Association duly called for such purpose, or by signing a written approval of such amendment after the date on which such meeting was held, 25 notwithstanding anything set forth to the contrary in the Articles of Incorporation or Bylaws. If any such amendment is required to be approved by the Declarant the approval shall be given only by such Person executing a written approval of the same. The initial board members for the Property Owners Association will be appointed by Declarant. Any amendment to the terms, provisions, covenants or restrictions of this Declaration shall become effective only upon the recording in the Deed Records of Okaloosa County, FLORIDA, of an instrument certified by the incumbent Secretary of the Association setting forth such amendment and stating that the approval of the Members of the Association which, under the provisions of this Article IX, is required for such amendment to be effective, has been given and obtained, and containing the written approval of the Declarant, if the same is required ( as hereinabove provided). The matters set forth in such instrument shall be presumed to be true and accurate and the amendment, which is set forth in such instrument, shall be effective unless it shall be determined by a court of competent jurisdiction that the matters certified to in such instrument are not true and accurate. Each Person who shall ownany Lot, by acceptance of a deed or other conveyance thereto, and by acceptance of such ownership, and by taking record title thereto, and each holder of a Mortgage upon any portion of any Lot, by acceptance of such Mortgage, thereby agrees that the terms, provisions, covenants and restrictions of this Declaration may be amended as provided in this Article IX. ARTICLE X MISCELLANEOUS Section 1. Failure of Enforcement. In the event that the Association shall fail to enforce the compliance with any of the provisions of this Declaration by the owner of any Lot, then the owner of any other Lot shall have the right to file an action in the Superior Court of Okaloosa County, FLORIDA for an order from such Court, however, in no event shall the Board of Directors, or any officer of the Association, or any of their agents, be personally liable to anyone on account of their failure to enforce any of the terms, provisions or restrictions set forth in this Declaration. Section 2. Waivers. In no event shall the failure by the Association to insist in anyone or more cases upon the strict performance of any of the terms, covenants, conditions, provisions or agreements set forth in this Declaration be construed as a waiver or relinquishment of the future enforcement of any such term, covenant, condition, provision, or agreement. The acceptance of performance of anything required to be performed with knowledge of the breach of a term, covenant, condition, or agreement shall not be deemed a waiver of such breach, and no provision waiver by the Association of any term, covenant, condition, provision or agreement shall be deemed to have been made unless expressed in writing and signed by a duly authorized officer of the Association. 26  Section 3. Duration. This Declaration, and all of the tenns, easements, provisions, liens, charges, restrictions~ and covenants set forth herein, shall run with and bind the land ( the Membership Property"), shall be and shall remain in effect, and shall inure to the benefit of, and be enforceable by, the Association, and by any owner of any Membership Property, their respective legal representatives, heirs, successors and assigns, perpetually. Section 4. Notices. Any notice required to be sent to any Member of the Association pursuant to any provision of this Declaration may be served by depositing such notice in the mails, postage prepaid, addressed to the Member to whom it is intended, at the address which such Member shall have furnished to the Secretary of the Association in accordance with the Bylaws, or, in the absence of any such address having been so furnished to the Secretary of the Association, at the address of any Lot owned by such Member. The date of service shall be the date of mailing. Section 5. Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if any provision of this Declaration or the application thereof to any Person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable. Section 6. Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any Person or Persons or other entities violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the Lots, to enforce any liens created by this Declaration. Section 7. Successors to Declarant. In no event shall any Person or other entity succeeding to the interest of the Declarant by operation of law or through purchase of the Declarant' s interest in all or any portion of the Membership Property at foreclosure, sale under power or by deed in lieu of foreclosure, be liable for any act, omission or matter occurring, or arising from any act, omission or matter occurring, prior to the date such successor succeeded to the interest of the Declarant. IN WITNESS WHEREOF, Sawyer & Associates Inc and Bay Towne View Estates Property Owners Association, Inc. have caused this Declaration to be executed by their duly authorized officers on the day and year first above written. SAWYER & ASSOCIATES, INC By: RONALD H. SAWYER, PRESIDENT CORPORATE SEAL] Signed, sealed and delivered on the 1 ih day of March, 2009 in the presence of: 27  EXHIBIT " A" All that lot, tract or parcel of land lying and being in the City of Kingsland, 1606th G. M. District, Okaloosa County, FLORIDA, more particularly described as follows: All property shown as Bay Towne View Estates, as shown and depicted upon a print or plat of survey of said property prepared by Thurner Surveying and Mapping, Inc., certified by Chad M. Thurner, FLORIDA Registered Land Surveyor, dated September 9, 2009, recorded October 27, 2009 in the public records ofOkaloosa County FLORIDA. 29