Fillable Printable Party Wall Declaration

Party Wall Declaration

This Instrument Prepared By:

Thomas S. Gibson, of

Rish, Gibson & Scholz, P.A.

116 Sailor’s Cove Drive

Port St. Joe, FL 32456

RGS FN 12-0090

PARTY WALL DECLARATION

THIS AGREEMENT entered into this ______ day of September, 2014, by and between

GARY HOWREN and DONNA C. HOWREN, Husband and Wife (“Owners”);

WHEREAS Owners own real property more particularly described in Exhibit “A”; and

WHEREAS there is a center wall as a part of the original construction of the buildings

placed on or near the common property line between the units described above as shown in

Exhibits “A”;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the

parties agree as follows:

Section 1. Party Wall. The center wall as a part of the original construction of the

buildings as placed on the dividing lines between the units shall constitute a party wall and the

roof of the building to the extent required to protect the party wall shall be a party roof

(collectively the “Party Wall”)

Section 2. Governing Law. This Party Wall Declaration (“Agreement”) shall govern the

entire relationship of the Owners pertaining to the Party Wall. Any matters concerning the Party

Wall not covered by the terms of this Agreement shall be governed by the general rules of law,

construed and enforced in accordance with the laws of the State of Florida, regarding party walls

and roofs and property damage due to negligence or willful acts or omissions.

Section 3. Restrictions on Use. Neither Owner shall have the right to destroy or remove

any structural changes to the Party Wall without the prior written consent of the other Owner.

Nor shall any Owner insert or place timber, beams, pipes, conduit or other materials into the

Party Wall in a manner that affects the structural integrity of the Party Wall without the prior

written consent of the other Owner.

Section 4. Allocation of Repair and Maintenance. Each Owner shall keep all exterior

walls of their unit in good condition and repair those exterior portions of the Party Wall

exclusively reserved for their use and enjoyment and at their own cost and expense. The cost of

reasonable repair and maintenance of the Party Wall shall be borne equally by the owners of the

units on either side of the Party Wall. In the event of damage or destruction to the Party Wall is

caused by either Owner’s intentional or negligent act or omission, such Owner who is deemed to

have intentionally or negligently caused such damage or destruction shall compensate the other

Owner in full for all damages sustained as a result and shall promptly repair the Party Wall in a

manner described in Section 5.

Section 5. Standard of Repair. Unless otherwise agreed in writing by the Owners, any

Owner repairing or reconstructing the Party Wall shall be required to restore the Party Wall to

substantially the same condition in which it existed prior to the damage or destruction, including

the use of the same or similar materials, and in the same proportions.

Section 6. Insurance. To the extent there are insurance proceeds for the repair or

replacement of the Party Wall, each Owner shall be entitled to all proceeds from its respective

insurance policy. Nothing in this provision shall require an Owner to submit a claim to its

insurance carrier for the repair or replacement of the Party Wall and an Owner may be entitled to

equal contribution from the other Owner for any deductible paid to the insurance company to

repair or replace the Party Wall.

Section 7. Destruction by fire or other casualty. If the Party Wall is destroyed or

damaged by fire or other casualty, any owner may restore it and the Owners shall contribute to

the cost of restoration equally.

Section 8. Weatherproofing. Notwithstanding any other provisions in this article, an

owner who, by his/her negligent or willful acts causes a Party Wall or roof above such Party

Wall to be exposed to the elements shall bear the whole cost of furnishing the necessary

protection against such elements.

Section 9. Run with land. This Declaration, along with the the right of any owner to

contribution from any other owner under this article shall run with the land, and shall pass to

such owner’s successors in title.

Section 10. Grant of Easement. The parties hereto grant to one another an easement for

any encroachment of the existing Party Wall to the extent necessary upon reasonable advance

notice and in a mutually coordinated manner, to perform all necessary repairs, reconstruction and

maintenance of the Party Wall, for so long as the Party Wall exists. Upon the complete

destruction or removal, or damage to the building which makes repair unreasonable, this

easement shall be void and of no further effect.

Section 11. Covenants and Warranties. Each owner covenants and warrants that it will

maintain their portion of the Party Wall in good condition and in such a condition that does not

interfere with the equal use and enjoyment of the Party Wall by the other Owner.

Section 12. Dispute Resolution. In the event of any dispute arising concerning the Party

Wall, such dispute shall be submitted to an impartial mediator. To initiate dispute resolution, the

aggrieved Owner shall provide notice to the other Owner of his/her intent to exercise rights

under this provision and agree to meet within ninety (90) days of such a demand with an

impartial mediator. In the event the Owners cannot agree on a mediator, they shall each select

one independent nominator, who shall agree on and appoint the mediator. If the parties have not

agreed on a resolution of the dispute within thirty (30) days after the mediation, either party may

proceed to litigation. Nothing in this provision shall preclude any Owner from seeking equitable

or injunctive relief in a court of competent jurisdiction to prevent immediate and irreparable

harm.

Section 13. Repair and Maintenance of Parking and Yard. Each Owner shall keep all

areas of parking and yard reserved for their use associated with their respective units in good

condition and repair at their own cost and expense. Subject to access for the owners of unite 2, 3

and 4, the area reserved for the use of the respective units is generally that property within the

extensions of each units party walls to the seaward and landward lines of lot 10. The cost of

reasonable repair and maintenance of their respective parking and yard shall be borne solely by

the owner of said unit. In the event of damage or destruction to the parking and yard caused by

either Owner’s intentional or negligent act or omission, such Owner who is deemed to have

intentionally or negligently caused such damage or destruction shall compensate the other Owner

in full for all damages sustained as a result and shall promptly repair the same in a manner

described in Section 5.

Section 14. Parking Easements. Exhibit “A” contains a total of four units and each unit

owner owns an undivided 25% interest in lot 10, block 9 Mexico Beach Unit 7 less and except

the units described in Exhibit “A”. There are eight parking spaces along the northwest line of lot

10. The spaces are numbered sequentially from 1 through 8 with number 1 being closest to the

Gulf of Mexico. Unit 1 has an exclusive easement for parking spaces 1 and 2. Unit 2 has an

exclusive easement for parking spaces 3 and 4. Unit 3 has an exclusive easement for parking

spaces 5 and 6. Unit 4 has an exclusive easement for parking spaces 7 and 8.

Section 15. Repairs and Maintenance. In the event that repairs and maintenance are

required on the exterior of any unit, those repairs shall be carried out in accordance with rules

and regulations required by the city of Mexico Beach. Required exterior painting and roof repair

shall match existing colors to the greatest extent possible.

Section 14. Attorney’s Fees. In the event any Owner of the property described in Exhibit

“A” initiates suit to enforce provisions of this Agreement, the prevailing party shall be entitled to

recover a reasonable allowance for attorney’s fees and expense.

WITNESS our hands and seals the day and year first above written.

Signed, sealed and delivered in

the presence of:

Witness Signature GARY HOWREN

Printed Name:

DONNA C. HOWREN

Witness Signature

Printed Name:

STATE OF FLORIDA

COUNTY OF GULF

I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths

and take acknowledgments, personally appeared GARY HOWREN and DONNA C. HOWREN,

the person(s) described in and who executed the foregoing instrument, who acknowledged before

me that he/she/they executed the same, that I relied upon the following form(s) of identification

of the above-named person(s):

personally known driver’s license from __________ other

WITNESS my hand and official seal in the County and State last aforesaid this day of

September, 2014.

Notary Public State of Florida

My Commission Expires: