For Lots, Casitas, Villas, and All Club Memberships
1. Purpose
These covenants, conditions, and restrictions have been promulgated
and imposed on the Club Marlin Pacifica Resort by P.S.A., also referred
to as Developer, to safeguard the life, enjoyment, and property of each
Owner, Member, occupant, and guest.
2. Compliance
In the common interest, full compliance to these conditions, in law
and in spirit, is required by all Owners, Members, occupants, guests,
and children, along with any person or entity connected in any way with
the property or development and shall run with the land in perpetuity.
A copy hereof shall be posted in each unit of the Resort.
3. Common Area Restrictions
The ownership rights for the use and enjoyment of common areas shall
not be conveyed, transferred, contracted, sold, assigned, leased, subleased,
rented, inherited, encumbered, or foreclosed upon separately from the
ownership interest in the land. There shall be no judicial partition
of any common area and no action for judicial partition shall be instituted,
prosecuted, or reduced to judgment.
4. Management of Access
The Developer shall have the right to limit access to common areas,
such as trails and jungle, to maintain the safety and future enjoyment
of all owners and guests, and to preserve the environment.
5. Dedications
The Developer shall have the right, but not the obligation, to grant
and/or convey easements and licenses for the use and right of way to
any appropriate public authority or utility, for public use or service,
to benefit the owners within the development.
6. Common Easements
All lots within the development and/or annexation thereto shall have
a permanent easement along each property line for the installation and
maintenance of utilities such as storm drains, water mains, sewer mains,
and gas and electric lines. These utilities may or may not be shown
on any map.
7. Extensions
The on-site Manager of the Development shall have the right, from time
to time, to post special safety notices or other rules concerning the
use and maintenance of driveways, parking areas, walkways, stairs, hallways,
and other common elements of the Resort property, and said posted notices
or rules shall be considered extensions of these terms and conditions.
8. Violations
Violations of these conditions, notices, or rules should be reported
to the on-site Manager of the Development, who will initiate corrective
action as and when appropriate.
9. Enforcement
Violations or breach of any part of these terms and conditions, posted
notices, or rules shall give the Manager the right to enter upon or
into the property where said violation or breach exists and to abate
and remove, at the expense of the Owner or Member thereof, any item,
condition, violation, or breach which may exist contrary to the intent
and meaning of the provisions herein contained, and the cost of correcting
such violation or breach shall constitute an interest bearing lien against
the Owners or Member’s interest.
10. Maintenance and Service Agreement
All parties entering into any agreement with the Developer, or who
are in any way connected with the property, accepts the obligation,
assessments, and costs for maintenance and services connected to the
common area such as reserves, maintenance, replacements, operations,
repair, additions, alterations, reconstruction, insurance, taxes, administration,
legal services, and accounting. At such time as the Developer completes
a section of the development and conveys, transfers, contracts, sells,
assigns, leases, subleases, or rents property of any type to any person
or entity, that person or entity shall be contractually obligated to
pay an assessment or annual fees starting at the date of transfer and
prorated to the first day of the following year, due and payable no
later than ten days after the first day of the year. Should the payment
be made after the tenth day of the year, there shall be a ten percent
late fee added to the assessment or annual fee along with a ten percent
annual interest fee based on the number of days the payment is late,
as well as attorneys’ fees, court costs, and administrative and
collection costs.
11. Land Use
The area designated on the Development Plan as Casitas and Villas shall
be restricted to one single family residence per lot, and a maid or
gardener quarters, either in the main house or an attached building,
provided the lot size and shape will accommodate said quarters.
No lot shall be re-subdivided.
Guests and visitors of an owner are not allowed to occupy any building
for more than a one-month duration in any three month period. Villa
owners are not allowed to occupy any Villa for more than a six month
period in any year without approval from the Panama National Marine
Park. This restriction shall not apply to commercial rentals.
Casitas and Villas may be rented for no less than one-week intervals,
providing the renter signs an agreement, prior to occupancy, to comply
with the Development C.C.&R.s’, and providing the Owner agrees
to be responsible for any and all damage and/or costs created by virtue
of the renters actions.
All buildings within the Development shall be designed and constructed
with a Mediterranean or Tuscan theme using a tile roof of earth tones,
stucco or stone exterior walls, heavy beamed overhangs, wrought iron
grill work, and brick, stone, or tile walks and patios.
Each building must use an individual septic system, a solar panel and
storage system, a water storage and pressure system, and an emergency
electric generating system.
All plans and specifications for Casitas and Villas, other buildings
or improvements, shall be submitted to and approved by the Developer.
All Casitas and Villas shall comply to the minimum and maximum floor
area ratio requirements based on the lot size and setback requirements.
No Casita shall exceed one story in height and no Villa or commercial
building shall exceed two stories in height.
No new Casitas and Villas shall block the ocean view of another existing
home with the building or landscaping. Any requests for changes in design
features, other modifications, or additions will be subject to the review
and approval of the Developer.
No solid fencing will be permitted.
Casitas and Villas must complete construction within twelve months
from their starting date, but no later than three years from the date
of the site purchase.
12. Landscaping
All landscaping and drainage plans shall be submitted to and approved
by the Developer.
All landscaping shall be maintained.
Each lot Owner shall cause two trees, from the approved list of trees,
to be planted for each tree that dies, and three trees for each tree
that is removed or damaged during construction. Should the site not
allow an adequate space for said planting, the trees shall be planted
in another area at the direction of the Developer.
Each Owner shall provide protective fencing for trees during construction.
Except for diseased or dead trees or vegetation, no tree or vegetation
shall be damaged or removed without the written approval of the Developer.
13. Property Appearance and Safety
No flag poles, play equipment, or sports courts will be permitted without
the written approval of the Developer.
No non-usable vehicles, motorcycles, boats, trailers, RVs, mobile homes,
campers, tents, shacks, storage structures, or tree houses will be permitted
within the Development.
No activity shall be engaged in or no substance introduced, stored,
or manufactured, within the Development, that would be hazardous to
any Casita or Villa Owner, Club Member, occupant, guest, or employee,
and which might result in harm of any type, or be a violation of any
law or insurance policy.
No refuse, garbage, litter, containers, bottles, ladders, boxes, barrels,
materials, supplies, equipment, lighting, antennas, or tools will be
permitted outside enclosed areas within the Development.
No noxious, offensive, annoying activity, noise or nuisance which may
transgress the rights, comfort, or convenience of other Casita or Villa
Owners, Members, occupants, or guests shall be permitted within the
Development.
No indoor or outdoor fires will be permitted, except in approved areas.
No changes, additions, awnings, screens, air conditioning units, signs,
lights, fences, or equipment will be permitted on the exterior of a
property without the written approval of the Developer.
Any damage to or loss of the Development’s common property, other
than by an Act of God, shall be surveyed by the Developer and the cost
of repair or replacement will be assessed against the Casita or Villa
Owner, Member, occupant, or guest and that assessment shall be paid
immediately or shall constitute an interest bearing lien against the
Casita or Villa Owner’s or Member’s interest.
Other than Owners staying three months or more, no person shall keep
animals, with the exception of aide dogs to the handicapped.
Owners, Members, occupants, and guests shall be responsible for supervision
of children at all times, particularly near parking, driveways, roads,
docks, and/or recreation areas and/or equipment.
Vehicles may only be parked in designated parking areas. Improperly
parked vehicles will be towed at Owner’s or Member’s expense.
No Owner, Member, occupant, or guest shall exceed the speed limit of
15 miles per hour, in or on any type of vehicle, within the Development.
14. Utilities
Water must be conserved.
Water storage ponds or lakes shall not be used for diving, swimming,
or fishing.
Water, electricity, telephone, television, and trash removal will be
metered and billed monthly.
Septic tank pumping is required as set forth by local government requirements
and will be billed to the Owner of the building served.
15. Dues and Assessments
Monthly maintenance and administration fees will be charged to maintain
common buildings, structures, tennis and swim facilities, parking areas,
roads, lights, pipes, lines, plantings, shrubs, landscaping, fences,
drainage, paths, banks, berms, walls, beach and jungle cleaning, and
security and will be prorated on phases served and completed as a part
of the Development. Villa lots, in gated communities, will be charged
an additional fee for the maintenance and operation of said gate.
16. Use of Assessments
Each Assessment made in accordance with the provisions of this Declaration
is hereby declared and agreed to be for use exclusively: (a) to promote
the recreation, health, safety, and welfare of individuals residing
within the Development; (b) to promote the enjoyment and use of the
Development by Club Members, Owners and their families, tenants, invitees,
licensees, guests, and employees; and (c) to provide for the repair,
maintenance, replacement, and protection of the Common Area and Common
Facilities. Each and every Assessment levied hereunder is further declared
and agreed to be a reasonable Assessment, and to constitute a separate,
distinct, and personal obligation of the Owner, against which the Assessment
is imposed and shall be binding on the Owner’s heirs, successors,
and assigns; provided, however, that the Membership of each Owner of
delinquent Assessments shall not pass to the Owner’s successors
unless all assessments, late fees, and interest are paid in full.
17. Miscellaneous
The Resort and Club facilities will be open to non-Members with the
payment of an entry fee, as well as the payment of all charges for services,
rentals, food, park entry fees, and any damages to property and/or equipment.
All owners and guests of Club Marlin Pacifica Resort may use the club
facilities subject to membership rules imposed by the Developer.
Casita and Villa Owners, Club Marlin Members, occupants, and guests
agree to assume all risk of personal injury, death, and/or property
damage that may result from their presence or use of any or all of the
property or equipment or from any or all acts or non-acts of any employee,
contractor, sub-contractor, supplier, or any other type of person connected
in any way to the Developer or the Developer’s equipment or property,
whether on land or at sea.
Invalidation of any one part of these conditions by a court of final
jurisdiction shall in no way affect any of the other provisions of this
contract and shall remain in full force and effect permanently and shall
apply to and be binding upon any and all Owners, Members, guests, their
heirs, executors, administrators, and assigns.
The on-site Manager of the Development shall be provided with a master
key and/or code for any and all locks and alarms, by the Owner, to enter
into any building in case of an emergency and take whatever action required
and deemed appropriate to mitigate said emergency.
Membership dues are undetermined at this time.
18. Resale Program
Buyers and Members, to maintain the highest value for the Development
and the properties therein, agree that only P.S.A. can resell lots,
homes, commercial buildings and/or businesses within the Development.
It is further agreed that P.S.A. shall charge the selling party a five
percent (5%) commission. The Developer shall have the first right and
option to buy the property being sold. No commission will be charged
on Membership buy back sales only and buy back sales shall only be completed
when the Club has a Buyer for the Membership being sold back.
19. Limitation on Liability of the Developers, Directors,
and Officers
For claims regarding Breach of Duty, no director or officer of the
Developer (collectively and individually referred to as the “Released
Party”) shall be personally liable to any of the Owners, Members,
or to any other person, for any error or omission in the discharge of
their duties and responsibilities or for their failure to provide any
service required, provided that such Released Party has, upon the basis
of such information possessed, acted in good faith, in a manner that
such person believes to be in the best interests of the Development,
and with such care, including reasonable inquiry, as an ordinarily prudent
person in a like position would use under similar circumstances.
Without limiting the generality of the foregoing, this standard of
care and limitation of liability shall extend to such matters as the
establishment of the Development annual financial budget, the funding
of capital replacement and reserve accounts, repair and maintenance
of Common Areas and Common Facilities and enforcement of the Governing
Documents.
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