1. Owner agrees to provide to The Pelican (hereinafter referred to as “Association”) with a complete set of all plans and specifications relative to the installation of hurricane shutters. The plan will detail the location of each requested shutter (sliders, windows, doors). After review of same, in consideration of Association granting permission and approval of installation of said hurricane shutters, Owner does hereby covenant and agree as follows:
a. Owner agrees to be responsible for all costs and expenses incurred in the installation, maintenance and continued first-class upkeep of the hurricane shutters.
b. Owner assumes all responsibility for procuring, buying and/or obtaining all necessary Building or Zoning Permits, variances and adherence to any and all other procedures outlined for the construction and maintenance of the improvements described herein by all City, County, State or other governmental entities, including compliance, if required, with the Southern Standard Building Code.
c. Owner agrees to construct and maintain the hurricane shutters referred to herein in a first class manner, and Association shall have the right, upon prior notice to Owner, to periodically inspect the shutters to verify compliance with this requirement. If Owner fails to maintain the hurricane shutters as required herein, after ten (10) days’ written notice from Association to Owner, Association shall have the right to perform, or have performed, any required maintenance or repair work or to have the hurricane shutters removed and the property restored to its condition prior to the installation of the hurricane shutters. Owner hereby agrees to be personally responsible for all costs thus incurred and grants Association a lien right against the condominium unit referred to herein in order to secure payment of any such sums. Said lien shall bear interest and be collectable and foreclosable in the same manner as liens granted to the Association under the Declaration and Condominium Act for nonpayment of condominium assessments.
d. Owner agrees to indemnify, defend and hold harmless the Association from any and all claims, actions, costs or expenses of any nature whatsoever, including but not limited to attorney’s fees, arising out of or because of the construction, installation or maintenance of the hurricane shutters described above.
e. Owner agrees to be responsible for any damage to the Common Elements, Association property or other units within the condominium which is caused as a result of the construction, installation or maintenance of the hurricane shutters described herein.
f. Owner agrees to be responsible for all costs of removal and reinstallation of the hurricane shutters, or any portion thereof, if necessary, to allow the Association to fulfill its maintenance, repair and replacement duties as set forth under the Declaration of Condominium and Chapter 718, Florida Statutes.
g. It is expressly understood and agreed by Owner that this instrument shall be binding upon Owner and his heirs, successors in interest, and assigns, and shall be a condition implied in any conveyance or other instrument affecting title of the aforesaid condominium unit.
h. Owner will be responsible for reasonable attorneys’ fees and costs incurred by Association in enforcing any provisions of this Agreement, before or after the filing of suit and including, but not limited to fees and costs incurred in any appeals.
IN WITNESS WHEREOF, Owner and Association have caused this covenant to be executed and signed the day and year first set forth above