In 1986 during the time Hawks Cay was attempting to gain approval for resort expansion frrom Monroe County. the resort agreed to execute and record a Declaration of Covenants, Conditions and Restrictions. Five Duck Key residents led by George Elgis, then President of the Cadilac Division of General Motors, wanted assurances that the resort would be developed "in a manner compatible and beneficial to the high quality of the residential subdivision adjacent" to Hawks Cay property . The Declaration was not filed with the County until 1989. For more background go to Duck Key Property Owners' Association President's Letter.
The resort agreed to limited and prohibited commercial activity relating to charter boats, rental boats, recreational day use boats, stores, restaurants, bars, public entertainment. Protected areas were established and activities that interfered with the peace and quiet enjoyment of the residential subdivisions were not allowed.
The declaration was to exist for an initial term of 20 years and automatically renew for successive ten (10) year periods unless the declarant (Hawks Cay) terminated the Declaration by a signed instrument and recorded same in the Official records of Monroe County.
In November of 2008, Behringer Harvard/Northview - BH/NV Hawk's Cay Property Holdings, LLC, executed termination of the Declaration which was terminated effective February 24, 209
For a complete copy the 34 page Termination of Declaration, Covenants and Restrictions document filed with Monroe County go to Behringer Harvard/Northview - BH/NV Hawk's Cay Property Holdings.
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