Reso 2008-1246 - Laserfiche WebLink

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. , . . 10, This Instrument sets forth the entire agreem8r.Jt bemeen CH and the Association wIth respect to the terms and conditions contained herein and supersedes all prior negotiations and dealings. .I 11. No change In, addition tOr or waiver or any of the provisions of this instrument shall be binding upon either party unless in writing and signed by the authorized representative of each party. No waiver by either party or any breach by the other party of any of the provisions of this instrument shall be construed as a waiver of any sUbsequent breach, whelher of the same or of a different 'provision of this Instrument. 12. In the event any provision of t.his instrument conflicts with the, laws under which thIs Instrument is to be constru~d or if any such provisJon be held Invalid by a court of proper Jurisdictlon, such provisions shall be deleted and this instrument shall be construed. to give affect to the romaining provisions herein. 13. This instrument shall inure to the benefit of CH, its SUccessors and assigns including, but not limited to B condominium Association. The.AssociatJon shall not haVE! a right to sale, transfer and or Cl.ssign its interest hereunder. 14. The use of the slngular shell 'Jnclude the plural, the plural shall Include the .slngular, the masculine shall include the feminIne and the neuter end vIce versa and the word "CH" shall mean CHI its successors and assigns and the word "Associatlonll shaH mean the Associat!on, wherever the context so requires. :. 15, In any proceeding, 10 enforce this instrument or any part of thls instrument, the prevaJling party shall be entitled to recover all costs Incurred, Including reasonable attorneys fees including the cost of eppeal, whathsr suIt Is brought or nol 1 e. The non-exclusIve easement granted hereby shall be perpetual and appurtenant to the property described In exhibit "8" and shall run with the said. property. Notwilhstanding the foregoing, should the Association totally abandon the use of the easement granted hereby for 8 period of one year, such easement shall automatically terminate. Non-use b'y reason of construction or reconstruction taking place on the property shall not be deemed abandonment Tor the pL1rpl?ses hereof. . 17. The Association may improve the appearance of the Property subject to the written consent of CH, its successors and assigns. Such consent may be unreasonably withheld and such rights to Improve shall always he subject to the right of CH, its sUccessor~ and assigns, to develop th€;l Property. Q.,eslgnee/:maocordahoe Wlffi the DeclaratIon of CondominIum fDr The Aventura Beach Club. Notwithstanding the foregoing, at Its option, CH may elect not to provide valet 3 , j' f " f .~ ''$ :.:;:: ,- 'It, .V". 8].j ~.- '~ci !~ :=1 ~ '~1 .; Pl::'(. ':""1- :~it~ . .;ft'4! ',j~ '~~.r:fa 'l~.l~~ .'~~~~ .'~~~~"; .:~~~ '~~: '~...-=l '~:F;~ "1'Jf~ '.:~"f ..~~,ij , ~f,"",.. .,.~~ ~~l .,,~.~ .~~ ~ .:~.~.; . r:':;j~":. .. :1!:j11G' . ,,:i~ "m' ..... ~.....:. Bit-=-.. ~ .t~ '~"h'-' : '. :",,!! ~: '~'.j-' . . . "