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ASSUMPTION AGREEMENT FOR
MAINTENA.NCE, REPAIR. REPLACEMENT AND RECONSTRUcnON RESPONSm1LlTY BY THE LEXINGTON CLUB COMMUNITY ASSOCIATIQN, INC. PURSuANT TO THE DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS FOR THE LEXINGTON CLUlJ WHEREAS, the Declaration of Covenants, Conditions and Restrictions was recorded in Official
Record Book 5557, at Page 325, Public Records of Palm Beach County, Florida, and was amended
thereafter;
W"HEREAS, the non-condominium units C'Villas") constitute ooe of the two neighborhoods
within The Lexington Club as set forth in Exhibit ICB" to the Declaration;
WHEREAS, under AtticIe N, Section 3 of the Declaration, each owner of a unit is responsible
for the maintenance. repair and replacement of ali portions of the unit other than the exterior painting of
the unit, roof, and exterior light fixtures; see also Article N, Section 2 of the Declaration;
WlIEREAS, in the event of a casualty loss, under Article V, Section 2 of the Declaration, the
owner of each unit is responsible for the cost of repair or reconstlUction of all unit components which are
not covered by insurance proceeds;
WHEREAS, Artide W, Section 3 of the Declaration provides that a neighborhood, through the
Association, may assume responsibility for total or partial maintenance of any portion of a uoit so tODg as
approved by the vote or written consent ofthe majority ofthe members within that neighborhood;
the
~ it is the intention of
Association on behalf of the neighborhood that the
Association will BSsmne certain responsibilities , for the maintenance, repair, replacement and/or
reconstruction of certain portions ofthe units Within the Villas, as set forth below.
NOW THEREFORE, the following assumption of responsibility by the Association shall occur
upon the vote or written consent of the majority of the members within the Villas, and the followmg shall
apply:
.
1.
Incorporation of Recitals: The above recitals are true and correct and are incorporated
into this Agreement by reference.
2.
Maintenance, repair, replacement or reconstruction. whether ordinary or extraordinary
maintenance or casualty repair or reconstruction: Beginning with the date on which a certificate is
recorded reflecting membership approval. the Association shall assume the following responsibilities with
regard to the maintenance, repair and replacement, whether ordinary or extraordinary, and the repair and
reconstruction after casualty, for the following unit components only:
a.
b.
c.
d.
Stucco walls.
Foundation.
Fascia,
Front and side gutters and downspouts which serve same,
3.
Retroactivity: This Assumption Agreement will also apply retroactively only for that
maintenance, reparr and replacement, and repair and reconstruction after casualty, as to those components
whichtbe ~ociation previously undertook the responsibility.
4.
Responsibility for expenses: The cost of the assumption of responsibility set forth in
Paragraph' 2 above shall be borne solely by the villa owners, and not by the other neighborhood, namely
the condominium units.
5.
Dmation: This assumption of responsibility shall be perpetual until such time as another
written consent or vote is obtained from a majority of the membel'S within the villas, eliminating or
altering the above responsibility,