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Declaration of CondominiumI'hi~ instrument prepared by and e•hen recorded rehrm to: Martin A. Schwartz, Esq. Bilzin Bamberg Baena Price R: Arcln>d LLP 2UU South Biscayne Boulevard, Suite 200 D4iami, Florida 33131 DF,CLARATION OF CONDOMINIUM of PURDY AVENUE COMMERCIAL CONDOMINIUM nBn~u na~~;~.~?s2~;;o~~~~ TABLE OF CONTENTS Page I . 1NTKOllUC1'ION AND SUR~4ISSION .................................. ........................................ I 1. I The I.and ........................................................................ ........................................ 1 1.2 Submission StatemenL ....... .......................................... ........................................ 1 1.3 Natnc ........................................................................... •- --...................................... 1 2. DF.FTNITIn~lS ........................................................................... ........................................I .............................................................................. "Act" 1 ........................................ "rlrl~c es" ....................................................................... ......................................... .Assessment" or "Assessments" ................................... ......................................... 1 ..Association" ................................................................ ......................................... 1 „Association Propert~~~ .................................................. ................. .......................2 .,Board of Direcuws" or "Aoard" ................................... ......................................... 2 "13KP iJttit" .................................................................... ......................................... 2 ..Building" .............. •-.................••-.....--....-°.................. ......................................... 2 ..BV-I.aws" ..................................................................... ......................................... 2 ..City Llnit" ............................................... .................... ......................................... 2 ..Common F.lemenls" ........................................... ,.Common L'xpenses" ........................................... "Conmum Surplus" .............................................. ..Condominiunt" ................................................... "Condomituum Documents" ............................... .'Condominium Parcel" ....................................... ..Condominium Property" ................................... .,Cottnty" ............................................................. "Declaration" or "Declaration of Condominium" ..llcrcloper" ......................................................... ..Improvcmcnts" .................................................. "Instihltional tvlort~agee" .................................... ,.Land" MI:\MI 1746636.! ;329330796 _j_ TABLIJ Oi'' CONT)/NTS (continued) Yage "Legal Kequirements" ........................................................................................ .... ; „Owner" or "i:nit Owncr" ................................................••-..........---...----........... .... 4 „ ~, „ ~rson ............................................................................................................. .... „Project" ............................................................................................................. .... 4 "Special Asscssmcnts" ...................................................................................... ..... 4 "Llnit" ............................... •--............................................................................... .... 4 "Utiliri• Eacilitics" ............................................................................................. .....4 "Utiliri Sen•ices" .............................................................................................. ..... 4 3. DF,SCRiPTiON OF CONUOIv1lN1UDd ........................................................................ .....4 3.l Identification of Llnits ....................................................................................... ..... 4 3? Unit Roundarics ................................................................ ............................... ..... ~ 3.3 Easentents ......................................................................................................... ..... i 4. COMMON L'LL•'D•1LN7'S, CONL\dON SURT'LUS, COh1MON F.XPF.NSF.S AKU VOTING RICH'I'S ........................................................................................................ ..... K a.l Pcrccntaec Otvttership and Shares .................................................................... ..... 8 4.2 Restraint 1 Jpon Separation and Partition of Common Clements ...................... ..... 8 5. :\\1L'Nll~1LN"1'S .......................................................................................................... ..... 8 S.1 Rv the Associattion ............................................................................................ ..... 8 5.2 By Ucvcloper .................................................................................................... ..... 9 S.3 Execution and Recording .................................................................................. ..... 9 5.4 Restrictions on ;~.mendments ............................................................................ ..... 9 5.~ Scrivener's F.rrors .............................................................................................. ... 10 6. h1<11NT1:NANCF. AND RF.PAIRS .............................................................................. ... 10 6.1 R)~ Ovvncr .......................................................................................................... ... ]0 G.2 Rv Association .................................................................................................. ... 1O 63 Association's Right of Access to Units ............................................................. ... 1(1 6.4 Miscellaneous ................................................................................................... ... l l 7. Alllll'f10NS, AT.TF.R.ATTONS OR IMPKOVL\ILV'1 S ............................................ ... l l 7.1 BV the ,4gtip~iatiiin _ _ ......................................................_............................... ... l l natAron i7aeeae.e?swtso,va -ii- TABLE of am rL•'nTTs (continued) Yagc 7.2 I3v Otrmers .............................................................................................. ............. I 1 8. OPE RATION OP THL: CUNDOMINICIM RY THF..4SSOCL~T1O1\ ............. ............. 11 8.] Powers and Duties ................................................................................... ............. 1 I 8.2 Limitation Upon Liability of Association ............................................... ............. 13 8.3 Kestraint Upon assignment of Shares in Assets ..................................... ............. 13 8.4 Approval or Disapproval of Nlattcrs ....................................................... ............. 13 8S Acts of the Association ........................................................................... ............. 13 9. ASS ESSMENTS AND OTHER CHARCiES ..................................................... ............. 13 9.1 Determinatimt of Common Expenses and Assessments ......................... ............. 13 9.2 Tiability litr Payrnent .............................................................................. ............. 1=1 9.3 Unpaid Assessments and Other Charges ................................................ ............. 14 9A Institutional Mortgagee ........................................................................... ............. 14 9.5 Yosscssiott of Uttit ................................................................................... ............. 14 9.G C'ertificate of Unpaid Assessments ......................................................... ............. 14 9.7 Special r\sscssmcnts .................................................................. °--...---.. ..---........ 14 ] U. INSL : R4NCE ................... ................................................................................... ............. 1 11. RAC ONS'fRUC'fION OK RLYAIK AFTER FIRE CASs'Ai.TY .................... ............. l5 1.1 Election By Ottiner .................................................................................. ............. 15 1 1.2 Election to Rcstorc .................................................................................. ............. I5 11.3 Nonrestoration of City Unit .................................................................... ............. 15 11.4 Nonrestoration of RRP Unit .................................................................... ............. 16 1.5 Kestoration After Election Not to Reslore .............................................. ............. 16 12. CO7\ ~EMNATTON ............................................................................................ .............I6 12.1 lleposit of Awards with Insurance Trustee ............................................. ............. 1 G 12.2 Determination \~'hethcr to Continue Condominium ............................... ............. 16 12.3 1 <•tl:ine of L"ttit ......................................................................................... .............1 G 12.4 Takine of C:oitmton Glements ................................................................. ............. 1 C I2S Amendment of Declaration ..................................................................... ............. 17 13. OCC UPANCY AND CJSF. RF.STRICTIONS .................................................... ............. l7 13.1 Use of City Unit ....................................................... ....~---...................... ............. 17 \I I;\ \11 I?1G63G.! 'K?9330?YG -Ill- TrU3LE OF COI~TF,NTS (continued) Yage 14. 15. 16. 17. 13.2 Use of BRP Unit ............................................................................ ...................... 17 13.3 Rules .............................................................................................. ...................... 18 13.4 Conduct of R%ork ............................................................................ ...................... l8 13.5 Plans A~ailabilitv ........................................................................... ...................... 18 13.G Compliance with i.egal Requirements ........................................... ...................... 18 13.7 Coopcratiott .................................................................................... ......................19 13.8 Odors .............................................................................................. ......................19 13.9 Hazardous Matcrials ...................................................................... ...................... 19 13.10 Government Compliance .................................••----~----~---...---~----°-- ...•--................19 SF,I,I,1NCi, LEASING OR 7RANSFERRIN(i OF UNI'1'S ....................... ...................... 20 COJ-1YLI11NCL' r1ND DGPAULT ............................................................. ...................... 20 15.1 Negligence ..................................................................................... ...................... 20 15.2 Costs and Attorneys' Pccs .............................................................. ...................... 20 'ILKDQINATION OF CONDOIv1IN1UM ................................................... ...................... 20 .Ai)n1TIONAI, PROVISIONS .................................................................. ......................20 17.1 Additional Riglus of Institutional Mortgagees .............................. ...................... 20 17.2 Assignment of Developer's Rights ................................................. ...................... 21 17.3 Limitation of Liability .................................................................... ...................... 21 ] 7.4 Covenant Running W iih the Land ................................................. ...................... 21 17.5 Notices ........................................................................................... ......................22 17.( No Time-Share F.slates .................................................................. ...................... 22 17.7 Exhibits ......................................................................................... .......................22 17.8 i'axes .............................................................................................. ......................22 17.9 Signature of Yresidcnt attd Secretary ............................................. ...................... 22 17.10 Governing Law .............................................................................. ...................... 23 17.11 Scvcrabiliri~ ...................................................................... ............ ......................23 17.12 Vb'aivcr ............................................................................................ ......................23 17.13 RatiY7cation .................................................................................... .......................23 17.14 Gcndcr: Yluraliri ........................................................................... .......................23 17. l5 Captions ........................................................................................ ....................... 23 11;46636.6 7%9330796 -IV- T.ast.F of ccm•r~NTs (continued) 17.1 C Statutory Warrant?~ Liabilitt ........................................................................... 17.17 force Majeure L-vents ..................................................................................... EXIIIBTT A Legal llcscription GXHIBIT B Surve? F.XHIBff C Allocation of Shires of Common Elements, Common F,>;penses and Common Surplus EXHTBIT 1) By I,ati•s LXH1Bfl' L Articles cif Incorporation Pugc MIAMI 1'46636.6 7Y'_9330;96 _~•_ llECLARATION OF CONI)OM191NtLi141 OF PiIRI)Y AVENUE COIiL~iEKCIAL CONDO~'iINIU~i This Declaration of Condomiuiuru ("lleclaration") made as of this da; of , 2009, by RAY R0.~1D P:~R"I :VL'KS, LLC:, a Florida 1united liability company haviug an address c`o Scot1 Robins Companies, 230 5`" Street, \4iami Beach, Florida 33139 ("RRF") and Cll'Y OP A-IIAJ9I BE,4C1T, a municipal corporation hating an address at 1700 Convention Center Drive, Miami Beach, Florida 33131 ("Cih"). RRP and City arc collectively referred to as "Developer". Developer declares as follows: I . I The Land. llevcloper owns the fee title to land located in Miami-Dade County, Florida described in Exhibit ":1" ("Land"). 1.2 Submission Statement. llevcloper submits the Land and all improvements erected or to he crested thereon, all cascrncnts, rights and appurtcnartccs and all other properly intended for use in connection therewith and located on the land (excluding all public artd private Utility Facilities as defined belaw•), to the condominium litmt of ownership and use in the manner provided by the Florida Condominium Act, Chapter 714, Florida Statutes as it exists on this date. 1.3 Name. "1'he Warne by which this condominium is to he identilied is: PURDY AVENUE COIvfMF.RC[AI. CONDOiA~11NIUM ("C'atdominium"). 2. 1)F.FINITIONS. '11tc following terms when used in this Declaration and in its exhibits, as they may subseyuently he amended, shall have the meaning indicated in this Article, except ta$cre the context clearly indicates a dillerent meaning: "Act" means the Condominium Act (Chap[cr 714, Florida Statutes) as it exists on this date artd as it may subseyuently be renumbered. "Articles" means the Articles of htcorporation of the Association attached at F.xhihit "E", as they may be amended from time to time. "Assessment" or "Assessments" means a share of the fwtds required litr the payment of Cotrunon Expenses which from lime to lime is assessed acainst an Owner, including Special .4ssessmenls. "Association" means Purdy Avenue Cotnmcrcial Condominium Association, Ins., a trot. for profit Florida corporation, the entity responsible for the operation of the Condontirtium in accordance with the lemts of this lleclaration. nnnsu t;*t~~i~.~ ;sz~±;o,~te "Association Yronerh•" means any real or personal property owned or leased by, or dedicated by plat lo, the :'lssociation for use and benelit of the (h~ners. "Board of Directors" or "Board" means the Board of Directors of the Association. "BIiY Unit" means the Unit described in Section 31(a). "lBuildine' means the stntctures intended to be erected on the Land. "By-Laws" means the sy-La\vs of the Association attached as Gxhibit "D", as they may be amended from time to time. "Cip• Unit" means the Unit described in Section 3. I (b). "Collection Costs" includes all costs and expenses reasonably incurred in enforcing dtc applicable obligation(s) under [his Declaration, ineludutg, without limitation, reasonable attorneys' and paralegals' fees at all tribunal levels, in connection with all proceedings, and ~ahcthcr or not suit is instituted. "Common Elements" mcarts and includes: (a) those portions of the Condominium Property consisting of the surface of the Land, all bclo\v surface interests, the air space abvve 500 leer above ground level and the linmdation and lootings of any Buildine constructed on the Condominium Property: (b) those portions of the Condominium Property not included \vithin the Units; (c) art casement of support in every portion of a Unit which contributes to the support of the Building; (d) vty electrical vault constructed in the Building and furtushing service to the entire Building; and (c) any other parts of the Condominium Propcri}' designated as Common Elements in this Declaration. "Common Expenses" means all expenses incurred by the Association on behalf of the Association or on behalf of the Condomutiunt, including. without limitation: (a) expenses of administration, management, operation, maintenance, repair or roplacetnent of the Gammon Elements; (b) costs of carrying out the powers and duties of the Association and for administration and management of the Association; and (c'J an. other expenses designated as Common Expenses by the Act or the Condominiwn T)UCllIl12RL. xr l;\.\II I?46(i3G.fi 7ET?933U?9G "Common Surplus" means the excess of all receipts of the Association collected on behalf of the Condominium, including, but not limited to, Assessments, rents, profits and revenues on account of the Common Elements, above the amount of C:ottnnon Expenses. "Condominium" has the meanine indicated in Section 1.3. "Condominium Documents" means collectively this Declaration, the Articles, the By- Lata~s and the rules and regulations of the Condominium. "Condominium Parcel" means a Unil together with the undivided share in the Conunon Elements which is appurtenant to that Unit; when the context permits, the temt includes all other appurtenances to the Unit. "Condominium Property" means the Land, the Improvements, all easements and rights appurtenant intended for use in connection with the Condominium and all other property, real, personal and mixed made subject to this Declaration. "County„ means the County of b4iami-Dade, State of Florida. "Declaration" or "Declaration of Condominium" mcatts this instrument, as it may be amended from time to time. "Developer" means BRP and City and their respective successors and assigns to which all of the rights of either as Developer arc specifically assigned; neither ]33RP or City may partially assign their respective rights as Developer.. "Improvements" means all strucWres and artificial changes to the natural cmironment (exclusive of landscaping) located on the Condominium Property. "institutional 114ort~aece" means any of the following holding a first mortgage on a Condominium Parcel: a bank, savings and loan association, insurance company, real estate or mortgage im°esnnent trust, pension fund, an agency of the United States government, mortgage banker, any other ]ender generally recognized as an institutional-type lender, the Fedora) National Mortgage .Association, the Federal Homc Loan Mortgage Corporation, the Crovenunent National mortgage Association and Developer. "Interest Rate" means a rate per annum equal to 2% about the "Prime Rate" as it varies from time to tithe as reported from time to lime in the "Money Kates" section of The Nall Street Journal as published and disuibuted in Kety York, Ncw York, or its successor, or if it has no successor, a nc~aspaper or other publication of similar stature, or if such rate shall cease to be published, such other rate as shall at the time be representative of the rafts atmounced by major U.S. money center banks as the t}'pical rate of interest charged on unsecured corporate loans. "Land" has the meaning indicated ut Section 1.1. "Leeal Requirements" means (a) all present and future laves, ordinances. orders, rules, regulations and requirements of all federal, state, county and municipal govemmcnts, nn:vnn t?a~t~3l,.v s2v~ w,~~~ departments, commissions, boards attd courts, and rules and regulations of an} insurartcc rating organization or any other body exercising similar functions, foreseen or unforeseen, ordinary as ta~cll as cxtraordinan•. which may be applicable to the Condomitum Property or the sidewalks and curbs adjoining the Condominium Property or to the use or mumer of use of the Condominium Propcrt~ by the Otaners, tenants, or occupants thereof, including the Americans frith Disabilities Act; (h) the requirements of all public liability, fire and other politics of insurance at any time in li~rcc with respect to the Condominium Propert}; and (c) the provisions of any restrictive covenants not-• or subsequently affecthtg the Condominiwn Property. "Owner" or "Unit Ow•ncr" means a record owner of legal title to a Condominium Parecl as shown by the real estate records in the ol'lice of the Clerk of the County, including Developer, and any one or more persons, firms, associations, corporations or other Icgal entities holding legal title. "Owner" shall not mean or refer to (i) the holder of a mortgage or security decd, its successors or assigns, unless and until such holder has acquired title pursuant to fitrcclosure proceedings or deed in lieu o}' foreclosure: or (ii) any lessee or tenant of an Owmer. "Person" means an individual or individuals, Finn, corporation, partnership, association, trust or other legal entity or any combination of any of the foregoing. "Project" means the constnretion of a 458 space parking garage as uppntved b}° the City's (i) Design Review Board on October 5, 2008 under Pile T; o. 218(1, and (ii) Planning Board on September 2.i, 2f108 under File No. }896. "Snccial Assessments" has the meaning indicated in Section 9.7. "Cnit" means a portion of the Land which is subject to exclusive ownership. "Utilih~ Facilities" means artd includes private and public utility lines, systems, or facilities oCany type or nature, including wires, pipes, mains, conduits, vah~es, air handling units, switches, control hoses, breakers, risers, cables, libcr optic lints, shafts, ducts, master antenna, satellite dishes and reception devices which supph or are used in the supply of domestic cold and hot water, sanitary seta~cr sen~ice, storm server service, chilled wafer, condenser water, steam, steam condensate, natural gas, compressed air, conditioned and non conditioned air, ventilation and exhaust air, electricity, fire alarm, emergency cotrunuttications, systems control and automation, video and other security monitoring, telephone, television, other telecommunications and information transmission systems, and other mechanical, electrical, and file saleh systems; and inchrding all meters for any of the Rtregoing. "iltility Services" shall include, but not be limited to, elecUic power, domestic water. heating, air conditioning, trash removal, sctacrage, master antenna. cable television, telephone and security systems and data iransrnission. 3.1 Identification of Units. The Condominium Property includes hao ilnits. (a) The BRP Unit consists of the airspace on the land from ground level to an elevation of 16 feet above ground level and is shown in Exhibit "B" as L:nit 1 and shall be owned by RRP; City conveys and quitclaims all of its interest in the BKP Utut to BRP. (b) The Cih Unit consists of the airspace on the Land above the elevation of 16 above ground level to an elevation of 500 icct about ground level and is shown in F.xhihit 'B" as [:nit ? and shall be owned by City; RRP conveys and quitclaims all of its interest in the City L:nit to City. (c) (d) The desilmation of each Unit is set forth on Exhibit "B". Exhibit "R" consists of a sunny of the Land, a graphic description of the louts, and a plot plan thereof. Exhibit "B" together with tlus Declaration identify the Common Elements and each L?nit and the relative locations and approximate dimensions. Upon completion of the Project, the Ow•ncrs will reconfigure the description of the Units to reflect the as-built location uC the City lJnit and the BRP Unit as previously approved by the City llesign and Review Board and Planning Board and as indicated in the definition of the "Project.". (e) There shall pass with a lJnit as appurtenances: (i) an undivided share in the Common L;lcmcnts and Common Surplus; (ii) the exclusive right to use such portion of the Common Elements as may be provided in this Declaration; (iii) any Improvements which ma}' from time to time exist on the lJnit; (iv) membership in the Association with lull voting rights; and (v) other appurtenances as may he provided in this Declaration. 3.? Unit Aoundxries. F.ach Cnit shall include a fee simple interest in that part of Land lying within the boundaries of the Llnit. 3.3 Easements. The lirllowing easements arc created (in addition to any easements created under the Act): (a) Maintenance. Easements in favor of the Association, its employees, agents and contractors over the Units to perli~nn its maintenance fimctions of the Association indicated in Section 6. (b) L;tility Services, Utility Nacilities and Drainx>;e. (i) Easements for Utility Facilities and Utility Services, and drainage arc reserved for the benelit of each O~a~ncr under, tl><ough and over the Condominium Property as may be required from time to time litr all or portions of the Condominium Propeny. :1n Owner shall do nothing on the L?tut that interferes with or impairs, or may interfere with or impair, the provision of such Utility Sen•ices, other services or drainage facilities or the use of these easements. (ii) Each Owner or its designee shall have access to each other [Jnil to inspect, maintain, repair or replace the [Jtility Facilities, Utility Services, drainage facilities and Common Elctnents, if any, contained in the Unit or elsewhere in the Condominium Propeny, and to remove any hnprovements interfering with or impairing such facilities or easements. rvtin~n i?a~Gaa,c,?sie3ao;ae F.xccpt in the event of an emergency; such right of access shall not unreasonably interfere with an Owner's permitted use of a Unit, and shall not permit entry to arty Unit at less than one days' prior notice. (iii) Anon exclusive right and easement is reserved for the benefit of each Owner litr the cxistcncc, use, enjoyment, repair, replacement; and (lo the extent expressly permitted by this Declaration) the relocation attd the installation of all Ulilily Facilities which (y) serve such Owner's Unit and (r.) arc located (in whole or in part) within, or pass through or under, any other Unit or an} Common Elements. Each Unit attd the Contnton Elements are subjected to the rights attd easements for all Utility Services and lJtility Facilities granted by tktis Section 3.3(h). Such easements shall exist for all Utility Services and Utility Facilities as presently located ta~ithin the Condominium Property and as the same may subsequently be located or relocated in accordance with the provisions of this Section 3.3(b) and shall be deemed to include rights of access to such Utility Facilities and the use of such additional spaces and areas around such Utility Facilities reasonably necessary to sense the purposes of such easements. (iv) The rights and easements described itt Sections 3.3(b) and 3.3(f) arc cxprossly made applicable to any Utility Services or other services which arc or may become ncccssary in the httttrc for the proper operation of an Owner's Unit, su long as the casements described in Sections 3.3(b) and 3.3(f) and the use of such easements do not interlere with the use and occupancy of another Owner's Unit. (v) City; BRP or the Association (on its behalf and on behalf of the Owners) cacti has the right to grant such additional easements for the installation and use of Utility Facilities, and for the relocation of any existing LAility Facilities in any portion of the Condominium Property, the improvements and the C:onmton Elements, as City; BRP and%or .association shall deem necessary for the proper operation and maintenance of the Condominium Propem•, or any portion thereof, or fitr the general health or welfare of the Owners, or for the purpose of carrying out any provisions ol'this Declaration. Such casements or the relocation of existing easements (1) will only be perlbrnted oiler 30 days' prior written notice to the Owners, (2) will not unreasonably interfere or diminish the sen•ice being supplied to the Unit(s) (excepting reasonable, lemporar}• interference when relocation is necessary), (3) will only be perfomted during non-business hours, unless pertormance durutg business hours cannot be reasonably avoided (it being intended that "business hours" will be different as applied to each Unit, accordinc to when normal use is highest litr such Unit), (4) will, to the extent practicable, be located in the public roads and in the Common Elements, and (~) will othcna•iso comply with the requirements of this Declaration. Any Owner that requires the creation or relocation of such easement(s) shall bear the expense of such creation and•4>r relocation. (c) Gneroachments. (f (a) any portion of the Conunon Elements encroaches upon any Unit; (b) any Unit encroaches upon any other Lhut or onto arty portion of the Common Elements; or (c) any encroachment shall subsequently occur onto the Common L'lcmcnts or any Unit as a result of (i) construction of any of the Tmprovemenls; (ii) settling or shifting of the improc•emcnts; (iii) any alteration or repair to the Common Elements made by or with the consent of the :~ssociatiat, or (iv) any repair or restoration of the improvements or the Building (or any portion thereof) alter damage by lire or other casualty or any taking by condctmtation or eminent domain proceedings of all or any portion of any Unit or the Common Clements, then, in wnnu i;a~~r.~?s~~ssm~~ am such event, a valid easement shall exist for such cncroacluncnt artd for its maintenance so long as the Building or lmprovements exist. (d) Ingress and F.>:ress. Anon-exclusive casement is created in favor of each Owner and occupant, their guests and invitees, litr pedestrian traffic over, t)trough and across sidewalks, streets, paths, walks, other rights of way and other portions of the Common Clements (but excluding the L'nits) as from time to tune may exist and he intended and designated lift such puupose and use. (e) Construction; Alaintenancc; Rcoair and Restoration. City (including its designees, contractors, successors and assigns) shall have the right, in its sole discretion; liom time to time, to enter the Condominium Property .vtd the BItP Utut and take alI other action necessary or convenient lift the purpose of (i) completing the constntction of the Project attd (ii) afro reasonable prior written notice to RRP and subject to the rights of any occupants of the BRP Unit, repairing, rcplacutg or maintaining the Improvements located on the RRP Linil which support the Improvcmcnts on the Citc Unit. BRC (utchrding its designees, contractors, successors and assigns), after completion of the City Unit and after prior ta•rittcn notice to City, shall have the ri« u, in its discretion, li-om lithe to lime, lu enter the Condominium Property and the City Unit and take all other action necessary or cotrvenient for the purpose of (i) completing the constntction of the BRP l!nit and (ii) afro reasonable prior written notice to City and subject to the rights of any occupants of the City Unit, repairing, replacing and maintaining the BRY Unit. The Association (including its designees and contractors) shall have the right tiom time to time to enter the Condominium Property, including the individual [)nits and any Improvements, and to perform the Kepairs and Alterations which may be perfimned by the Association pursuant to Articles 6 and 7. Any activity described in this paragraph shall not prevent or unreasonably interfere rnith the use or enjoyment by Owners of their Units. (f) Communications Systems. City and RRP each reserves for itself its successors, assigns, contractors, designees and nominees, (i) ownership of any closed circuit. master antenna, community antenna, cable television voice or data system or the like (including any and all related conduits, tvires, amplifiers, antennas, towers and other apparatus and equipment) which it (or one of its successors, assigns; designees or nominees) installs in part or whole on the Condominium Propert} (any such system and its related apparatus and equipment is referred to as the "Communications System"), (ii) a perpetual easement over, through and across the Condominium Property for the installation, servicing, maintenance, repair, replacement. and removal of the Communications System or any part thereof, and (iii) the right to connect the Conununications System to whatever receiving source the owner of the Communications System decors appropriate. (g) Sunwrrt. An easement of support and of necessity is rescrtcd for the benefit. of each Uttit and each Llnit shall he subject to an easement of support and necessity in favor of the other Unit and the Common F.lemenls. (h) Encroachments. If (a) any portion of the Common F ements encroaches upon any tfiit; (h) any t!nil encroaches upon any other unit or upon any portion of the Conunon Elements; or (c) any cncroachmcnt shall subsequently occur as a result of (i) construction of the Improvcmcuts; (ii) settling or shifting of the improvements; (iii) any alteration or repair to the Common Llements made by or with the consent of the Association, or (iv) any repair or V11Ax41 I?46ti36.6 78?9330?96 restoration of the lmprovcmcnts (or any portion thereoQ or any lJnit after damage by fire or other casualty or any taking by condemnation or eminent domain proceedings of all or any portion of any Uttit or the Common Elements, then; in any such event, a valid easement shall exist fitr such encroachment and for its maintenance so long as the Improvements exist. (i) Additional F,asements. Developer and the Board, on their behalf vtd on behalf of the Association, and all Owners; each shall have the right to grant such additional electric, gas, water distribution or waste water collection or other utility or service or other casements, or relocate any existing easements or drainage I•acilities in any portion of the Condominium Property, and to grant access easements or relocate any existing access easements in any portion oC the Condominium Property, as Developer or the Association shall deem necessary or desirable Rrr the proper operations and maintenance of the Improvements, or any portion thereof. or for the general health or welfare of Owners, or for the purpose of carrying out any provisions of this Declaration or other++•ise. Such easements or the relocation of existing casements will not prevent or unreasonably interfere with the reasonable use of the Units. 1'hc Board has the authority, without the joinder of any Owners, to grant, modify or move any easement, subject to the provisions of the casement, if the easement constitutes part of, or crosses, the Common Elements. 4. CODIb10N ELEIVIi!:NTS, COlY1AflON SLIRPI,IJS, C011.1MON EXPENSES ANU V01'1NG RIGHTS. 4.1 Pcrccntaic O++•nershin and Shares. 'Chc undivided pcrcattage itttcrest in the Common Elements and Cotmnon Surplus, and the percentage share of the Common Expenses appurtenant to each Unit, is set forth in Exhibit "C". 4.2 Restraint Llnon Separation and Partition of Common F,lements. 'fhc undivided share in the Cotnnton Clements and Contnton Surplus which is appurtenant to a 1!niL (a) shall not he separated from the Unit but shall pass with the title to the Unit, whether or not separately described, and (b) shall remain undivided vtd catutot be conveyed or encumbered csecpt together with the Llnit. Ko action lift partition of the Common );lements, the Condorninium Propet•h•, or any part, shall lie. except as provided upon termination of the Condominium. 43 ~' tine. The BRP Unit and the City unit shall each be entitled to one vote to be cast by its Owner in accordance with the By-haws and the Articles on all matters which Owroers are entitled to volt. Loch Owner shall be a member of the Association. 5. A11lENUl«NTS. Except as specifically otherwise provided, this Declaration may he amended only as follows: ~.1 By the Association. Notice of the subject matter of a proposed amendment shall be included in the notice of any matting at which it will be considered. A resolution to adopt the amendment may he proposed either by a majority of the Roard of Directors or by not less than one-third of the members of the Association. Directors not present ut person and members not present in person or by prosy at the meeting considering the amendment may express their approval in writing, provided that such approval is delivered to the secretary at or prior to the meeting. Except as elsewhere provided ut this Declaration: NIIAA71 I idfib35b ^`529330'96 (a) An atendment may be adopted and approved b}° Ovvncrs and/or the Board of llirectors as follows: (i) Owners owning in excess of 75% of the votes allocated to all of the Units, or (ii) 75% of the Board of Directors. (b) L•'xcept as specifically othenvisc provided in this lleclaration, no amendment shall (i) change the configuration or size of any Unit in any material fashion, (ii) materially alter or modify the appurtcnattccs to any Unit, or (iii) change the percentage by wfiich dte Owner shares the Common F.xpcnscs and owns the Cotntnon Elements and Common Surplus, unless, in an}= such case. all al7ected record Ota°ncrs, mortgagees attd other lien holders ,join in the execution of the :unendment. If an amendment will change the configuration or size of any Unit in any material fashion, taterially alter or modify the appurtenances to or voting interest of any Unit, or change the percentage by which an Owner of a Unit shares the Common Expenses and owns the Common Elements and Common Surplus, then the record Owner(s) thereof, and all record owners of mortgages or other liens thereon, shall .join ut the execution of the amendment. In addition, such amendment must be approved by 75% or more of the voting interests of Owners. 'fhe acquisition of property by the Association, material alterations or substantial additions to such property or the Common Elements by the Association and installation, replacement, operation, repair and maintenance of approved hurricane shutters; if in accordance with the provisions of this lleclaration, shall not. be deemed to constitute a material alteration or modification of the appurtcnanecs of the Units, and accordingly, shall not be deemed included ht this paragraph (h). ~.2 By Develoocr. This Declaration does not include all of the land anticipated to be included in the Project. In addition, no lmprovemenls to the Land evill have been undertaken by Developer upon the recording of this lleclaration. \~l='hen and if improvements are to be camnenced on the 1:and, Developer anticipates recording an amendtent to this Declaration to add additional property and hmprovements to this Declaration and rc-describe the two Units. i. i F,xcwtion and Recording. i\tt atncndment, other than amendments made solely by Developer pursuant to the Act or this Declaration, shall be evidenced by a certificate of the Association identifying the Declaration with its recording data. The certificate shall be executed in the form required for the execution oJ' a deed. .4mendmcnts by llevclopcr shall be made by ta•ritten instrument in recordable form but no Association action is reyuircd. My amendment of the Declaration is elTectivc when recorded in the Public Records of the County. 5.4 Restrictions on ,lmcndments. (a) Proposals to amend this lleclaration shall contain the lull text of the provision to be amended; new words shall be indicated by underlining and deletions shall he indicated by lining tluouch the material to be deleted with hyphens or otherwise clearly indicating the deleted material. No amendment may be proposed or adopted solely by reference to the title of the provision being amended. if a proposed change is so extensive that. the procedure set forth in this Section 5.4(a) would hinder rather than assist the understanding of the proposed amendment, it shall not be necessary to use underlining and hyphens as indicators of MI:1N11 1136636.6 iN29330iyG .words added or deleted but instead a notation shall be inserted immediately preceding the proposed arncndmcnt i^ substantially the tollo~wing language: "substantial rewwording of declaration; see provision for present text" Kon-material errors or omissions in the amendment process shall not utvalidate an otherwise properly promulgated amendment. No amendment may eliminate, modify, prejudice, abridge or otherwise adversely affect any rights, benefits, privileges or priorities granted or reserved to Developer or mortgagees of Units without the consent of Developer or such ntorigagecs in each instance. The Sections entitled "Insurance", "Rcconstntction or Repair after Casualty" and "Condctttnation" shall not be modified unless all Institutional Mortgagees of record shall join in the amendment. 5.5 Scrivener's Errors. TI~, through scrivener's error, all of the Cotmnon Expenses or interest in the Common Surplus or all of the Common F.lcmcnts have not been dfstrfbuted in this Declaration so that the sutra total of the shares of Cotmnon Elements which have bccn distributed or the shares of the Common Expenses or ownership of Common Surplus tails to cyual 100%; or, through error, more than l00% of the Connnat Clements or Common Expenses or ownership of the Common Surplus shall have bccn distributed; or, if through scriveners' en-or. a Condauinium Parcel has not been designated an appropriate undivided share of the Common Elements, Common Lxpettses or Common Sur)tlus; or, if there is an omission or error in this Declaration or in any of the related documents required by law to establish this Condominitun, the Association may correct the error and.!or omission by an amendment to this Declaration and.!or any related documents by simple resolution of the Board of Directors approved by a majority of the Board or by a majority vote of the O~~mcrs voting at a meeting of the Association called at (cast in part far the purpose, at which a quorum is present. :1ny amendment approved pursuant to this Section which modifies the shares of Common F.xpenscs, Common Elements or Common Surplus appurtcn<•trtt to one or more Linits, shall not he el'lective unless the Owners of and holders of liens upon the l!nits affected consent in tw•riting to the amendment For the purpose of this Section and Section 5.2(b), no Owner's property rights shall he deemed to be materially adversely affected nor shall his share of the Cottunon Elements, Common Expense or Common Surplus be deemed modified by reason of the modification of the shares of Common Expense, Common Elements or Common Surplus appurtenant or attrihutablc to another Unit. 6. D•IAINTENANCE A_YD RTPAiRS. All maintenance, repairs and replacements (collectively "Repairs") to the Condominium Property shall he performed as follows: 6.1 13v Ch+•ner. Except as otherwise expressly provided, an Owner shall make all Repairs to the Owner's Unit. 6.2 13v Association. The Association shall maintain and trim all landscaping on the Land and all sprinkler irrigation systems. The Association shall also be responsible Ibr repainting the exterior portions of the Building at such times as determined by the Board. Except as otherwise provided, the Association shall make all Repairs kt the Common Fitments and Association Property. '1 he cost of such maintcnancc and Kepairs described in this Section 6.2 shall be charged to all O~a~tters as a Contnton Expense except to the extent. arising from or necessitated by the negligence, misuse or neglect of any spcciiic Owner, in which case such cost shall he paid solely by such Owner. 6.3 Association's Right of Access to Llnits. The Association has the irrevocable right of access to each Cfiit during reasonable hours when necessary for Repairs to arty Cotnmon lacments or of any portion of a Unit to be maintained by the Association pursuant to t}tis Declaration, or for making emergency Repairs to the Llnit or any of the Building which arc necessary to prevent damage to the Cotntnon Clements or to any other Unit or to any of the Building. Association's right of access to any Building shall be effected only after at least five days prior written notice to the Owner except in case of emergency when no notice shall be requu•ed. 6.4 Miscellaneous. All work performed on arty portion of the Condominium Properly shall he in compliance with all Legal Requirements. 7. ADDITIONS, AL1'ERA•I'IOVS OR IVIPROVCDIENTS. 7.1 13)~ the Association. Arty additions, alterations or improvements (collectively "Alterations"), as distinguished fran repairs and replacements, costing in excess of $10,000 in the aggregate in any calendar year, shall be made by the Association only after the prior approval of a majority of the votes allocated to all of the [:nits represented at a meeting at which a quorum is attained. Any Alterations to the Condominium Property costing in the aggregate ~S 10,000 or Icss in a calendar year may be made by action of the Board without approval 01' the Owners. The costs of any such Alterations shall constitute Cotntnon Lxpcnses and shall be assessed to the Owners. 7.2 By Owners. An Oe+mer shall not make any :lltcrations in or to the Convnon Lletnents or Association Property without obtaining prior written consent tiom the Board of llirectors, which consent may be withheld for any reason at the sole discretion of the Board. including, .without 1unitation, for purely aesthetic reasons. Consent shall not he granted il- it is determined that the :~ltcrations would detrimeni<~Ily affect the architectural design of the Condominium Propcm, but shall not be witlthcld in a discriminatory manner. The Board shall he deemed to have denied the request if it tails to take any action withut .+0 days after the later of (i) receipt of such request; or (ii) receipt of all additional information requested by the [;oard within such 30 day period. Any Alterations by an Owner shall be made in compliance with all Legal Requirements and with any conditions imposed by the Association relating to design, structural integrity, aesthetic appeal, construction details, lien protection or othcnvisc. Any O+vner making or causing to be made any such :•Uterations shall be deemed to have agreed, for such Owner and Owner's heirs, personal representatives, successors and assiyts, to hold the Association and all other Owners harmless from any liability or dantage to the Condominium Property and expenses arising therefrom, and shall be solch• responsible for the tnaintenance, repair and insurance of such Alterations from and after that date of installation or construction as may be required by the Association. The Associations rights of review and approval of plans and uihcr submissions under this Declaration are intended soleh~ litr the benefit of the .Associaion. A41:AMII I?35G36.G iN29330?9G K. OY~ILATION OF THF, COl\DOAIII\IUI\I BY THi•: ASSOCLITION. 8.1 Yowcrs and Duties. The Association shall be responsible Ibr the operation of the Common Clements of the Condominium and the Association Property. The powers and duties of the Association shall include those set lirrth in the Bp•-Laws and Articles. In addition, the Association shall have all the powers and duties set lirrth in the :1ct and in this Declaration, including, without limitation: (a) fhe irrevocable right to have access to each }Init from time to time during reasonable hours as may be necessary for maintenance, repair or replacement of any Common Clements or of any portion of a }Init to he maintained by the Association pursuant to this llcclaration, or at any time and by lirrce, i f necessary, for emergency repairs necessary to prevent damage to the C'aumon 1lements or to any other Unit or Units, or to determine compliance with the terms and provisions of this Declaration, its exhibits and the rules and regulations adopted pursuant to such documents, as the same may be amended from time to time. (h) •1'he power to make and collect .Assessments and other charges attd surcharges against Owners and to Iease, taintain, repair and replace the Common Elements and Association Property. (c) The duty to maintain accounting records according to good accounting practices, which shall be open to inspection by Owners or their authorized representatives at such reasonable times as established from time to time by the Board. (d) The power to enter into contracts with others (whether or not al'liliated with the Association or Developer), lirr a valuable consideration, for maintenance and management of the Condominium Property and Association Property and, in such connection, to pemtit others to make and collect Assessments and other ehargcs against Owners, and perfect liens for non-payment thereof on behalf of the Board. (e) The power to borrow money, execute promissory notes and other evidences of indebtedness and to give as security mortgages and security interests ht property owned by the Association, provided that such actions are approved by a majority of the Board of Directors and of Owners represented at a meeting at wfiich a quorum has been attained, or by such greater percentage of the Board or Owners as may he specilied in the By-Laws with respect to certain borrowing. (t) ~'b`hen authorized by a majority of Owners represented at a meeting at which a quorum has been attained, the power kr acquire and enter into agreements for the acquisition of lee interests, leaseholds, memberships and other possessory or use utterests in lands or facilities, whether or not contiguous to the lands of the Condominium, intended to be provided for the use or benefit of O.ancrs (whether or not on an exclusive basis). the expenses of ownership (including the expense of making and carrying an}• mortgage related to such owncrsltip), rental, membership lees, operation, replacements and other expenses and undertakings in connection therewith shall be Cottunon T'xpenses. (g) Thz power to (i) grant bills of sale for items ofpersonal property ow~ted or governed by the Association and (ii) t.•tkc arty other action on behalf of itself and all Owners (as MI I!A X11 1?4fi(i36.G ?3?9 ~ ~0?96 attorney-in-fact for all O+yners) to satisfy any requirement of a company or govenunen>ttl agency to +vhich equipment, facilities or materials used ut connection with Utility Scnices arc to be transferred. (h) The duty to notify Owners ~+ithin a reasonable time of the institution of any action or proceeding against. the Association in +vhieh the :association may be exposed to liahility in excess of insurance coverage: any Owner shall have the right to intervene in attd furnish additional defense for the Association. (i) 1'o contract for the management and maintenance of the Condominium Property and to authorize a management agent (w'hiclt may be an affiliate of Developer) to assist the Associalion in currying out its powers attd duties by pet•fonnutg such functions as the submission of proposals, collection of Assessments and other charges, preparatiat of records, enfitrccment of ntles and maintenance, repairs and replacement of the Common Elements with funds as shall be made available by the Association for such purposes. The Association shall, however, retain at all times the powers and duties granted by this Ueclaration, the Articles, By- Laws and the Act, including but not limited to the making of Assessments, attd other chvges, promulgation of rules and execution of contracts on behall'of the Association. (j) The power to levy reasonable fines against a Unit for failure of the Uwner or its occupant, licensee or invitee la comply ++ith any provision of this Declaration, the By- Laws or the ntles and regulations. (k) All of the powers which a corporation not liar pmlit in the State of f7lorida ma.•• exercise. 8.2 Limitation LJnon Liability of Association. Notvyithstanding the duty of the Association to maintaut and repair parts of the C.'ondominium Property and the Association Property, the Association shall not be liable to Owners for injury or damage, other than lbr the cost of maintenance and repair, caused by any latent condition of the Condominium Property or the Association Properly. 8.3 Restraint l non Assi¢nment of Shares in Assets. Att Owner's share in the ILnds and assets of the Associalion cannot be assigned, hypothecated or transferred in any matmer except as an appurtenance to such Owner's iJnil. 8.4 Annroval or Disannroval of Matters. 1A'hcncver the decision of art Owner is required upon arty matter, whether or nal the suhjcc[ of an Association meeting, that decision shall be expressed by the same individual v+ho v+~ould cast the vote for the Unit if at an Association meeting, utilcss the joinder of record Owners is specilcally required by the Declaration or By-[,aws. ilny decision by the City or document execution by the City as the City O+aner under the Condominium Documents shall be made and will he effective if made or executed by the City )\lanager or by his or her designee. 8S Acts of the Association. Unless approval or action of O+vners ar a specific perecntage of the Board is specifically reyuired by the Condominium Documents, or applicable law, all approvals or actions reyuired or permitted to be given or taken by the Association shall he given or taken by the Board of llircctors, without the consent of Ow•ncrs. '1'hc Board may so n~nw~n i-~eFtfie~szv_,a~rv!, approve and act through the proper officers of the Association without a specific resolution. Whenever an approval or action of the Association is to he given or taken, such action or approval may he conditioned in any manner the Association deems appropriate ar the Association may refuse to take or give such action or approval without the necessity of establishing the reasonableness of such conditions or refusal. 9.1 Determination of Common Exnenses and Asscssmcnts. The Board of llirectors shall from time to time, and at least annually, prepare a budget for the Condominium, determine the amount of Assessments payable by Owners to meet the Common Expenses artd allocate and assess such expenses amrntg Owners in accordance with the provisions of this Declaration and the By-Laws. 'l he Board, promptly following its delennination, shall advise all Owners in writing of the amount of i\sscsstnents payable by each Owner and shall furnish copies of the budget, on which such Asscssmcnts arc based, to all Owwners and (if requested in writing) to their respective mortgagees. Any budge[ adopted shall not coni<ain resen~es fbr capital expenditures and deferred maintenance. Any budget adopted may be chaztged at any time to cover actual expenses. Atty such change shall he adopted consistent with the provisions of the By-Laws. 9.2 Liabilih' for Payment. Each Owner, regardless of the manner in which title is acquired, including, without limitation, purchase at a judicial sale, or deed in lieu of litreclosure. shall be liable liar all .Assessments and other charges due with respect to that Unit while an Owner. Except as otherwise indicated in this Article, an Owner shall be jointh~ and severally liable with the previous Owner of a Unit for all unpaid Assessments and other charges against the Unit coming due to the time of the transfer of title. Such liabilin~ shall he without prejudice to any right the Owner may have to recover from the previous Owner any payment made. The liability fbr Assessments may nut be avoided by waiver oY'thc use or cujoymcnt of atty Connnon Elements or by the abandonment of the [Jnit lirr which the Asscssmcnts arc made or otherwise. 9. ~ Unnaid Assessments and Other Charges. Assessments and other charges paid within 10 days alter the due date shall not bear interest but all sums not paid within such period therettfler shall bear interest at the Interest Rate from the original due date until paid. The Associatiat may charge an administrative late Ice, in addition to such interest, in an amount not to exceed the greatest of (i) 525.00, (ii) live percent of each delinquent payment or (iii) such maximum amount as may be permitted by the Act. ht addition, the Association may accelerate any unpaid Assessments in accordance with the By-Lars. Any payment received by the Association shall be applied lust to any interest accrued by the Association, then to any administrative late fee, then to any costs and reasonable attorney's fees incurred in collection, and then to the delinquent Assessment, (andlor other charges, to the extent allowed by law•). The lbregoing shall be applicable notwithstanding any restrictive endorsement, designation, or instruction placed on or accompanying a payment A late fee shall neither be subject to the provisions of Florida's interest and usury laws trot the provisions of the Condominium Act dealing with the levy of fines against a Urtit. 9.4 Institutional Mortgagee. If an Institutional Mortgagee files suit to 1'orcclosc its mortgage the Association shall not be named as a defendant. h~nn~~u nac,v~<,_r~^sz";ao?~~ 9.~ Possession of Unit. An} Person who acyuires an interest in a [:nit shall not be entitled to occupancy of the l:nit or enjoyment of the Contnton Elements until such time as all unpaid Assessments and other charges due and o+ving by the former Owner, if any, have been paid. ?.(i Ccrti6catc of ilnnaid Assessments. ~Vitltin 15 days after rvtitten request by O+encr or holder of a mortgage on a Unit, the Association shall provide a certificate statutg all Assessments and other moneys owed to the Association by the Owner with respect to the Unit. Any person other than the Owner mho relies on such certificate shall he protected thereby. 9.7 Special Assessments. Lt addition to .Assessments to meet annually budgeted Common F.apcnscs, the 13oard tnay levy Assessments for nonrecurring costs or capital improvements ("Special Assessments"). •fhe specific purpose or purposes of any Special Assessment approved in accordance with the Condominium llocumcnts shall be set forth ut a written notice of such Special Assessment sent or delivered to each Otancr. '1-hc funds collected pursuant to a Special Assessment shall he used only li>r the specific purpose or purposes set ti~rth in such notice, or retunted to the Owners. Upon completion of such specific purpose or purposes, any excess funds shall be considered Common Surplus. 10. INSURANCE. Loch Ovrner shall provide casualty and liability coverage liar its (Jnit as described in this Section. Cit}• shall be entitled to self-insure pursuant to its plan of funded self insurance. Insurance coverage provided by any individual Owner shall provide that. the coverage afforded by such policies is primary and without rights of subrogation against the Association or arty other Owner. (a) Casualty. "1'he Improvements in each Unit, including all fixtures, machinery attd installations installed and all alterations and additions made by an Owner (collcctivch~. "lnsured Property"), shall be insured in an amount not less than I (10% of fill insurable replacement value, excluding foundation and excavation costs, against loss or damage by fire and other bar<•trds co+crcd by a standard cancnded coverace endorsement and such other risks including, but not limited to, vandalism and malicious mischief. and vyindstorm as from titnc to time arc customarily covered with respect to buildings and improvements similar to the lnsured Yropertv in constnrction, location and use. Such policies may contain reasonable deductible provisions. (b) Liabili Commercial liability and automobile liability insurance covering loss or dantage resulting fran accidents or occurrences on or about ur in connection with the Insured Property or adjoinute driveways and walkways, or any work, matters or things related to the Insured Property, with such coverage as shall be required by pre+•ailing market conditions, but with combined sinek 1unit liability of not less than $1,000,000. I I. KECONSTKL"CTION OR REPAIR AFTER FIRE CASUAL~1'Y. ll.l Election I3v Owner. F.ach Owner shall be responsible for the repair and•'ur restoration of such Owner's i:nit but neither Owner shall be obligated w make such repairs and,•'or restoration. Should an Owner elect not to restore it shall remove such of the damaged portion of the iJnit and restore same to the extent the i:nil is in a self contained and neat and clean appearance. natan~u i;~t>cs~.r; ~sav~.o?vc, 11.2 Election to Restore. \~'ithin 90 days fitllowing any damages to arty Uttit, the Otarter of the knit will advise each other Owner wfiether it has elected to restore or not restore the damage. Tn the event of an} restoration tuty Owner shall have access to the Condominium Property and the other L:nit litr the purpose of effecting any repair or restoration in accordance with Section 3.3(e). Failure to provide such notice shall be deemed art election not to restore. TI' the City elects to restore the Cih l!nit, BRP shall reimburse the City for its share of any restoration costs described in Section 1 1.4. 113 Nonrestoration of Ciri• Unit. If the City Unit is damaged and such damage affects the operation of the BRP Unit and City has elected or deemed to have elected not to restore the damage, the RRP Tlnit Owner may, at its expense, take such actions as it deems reasonably necessary to render its Llnit a self contained operating structure. Such actions may include, without limitation, the erection, repair or replacement o1' a roof over the BRP Unit and the enclosure of any building openings on the Cit}• Uttit. City grants BRP easements of access to the City Unit to make such alterations and grants BRP the right to make appropriate alterations to the hnproventents on the City Unit consistent with this Section 113. Should City provide notice that it elects to restore as provided in Section 11.2 but fails to cotntnence such restoration within 1 RO days after such notice or ceases for a period of at least 60 days in atry restoration work once commenced, then such actions shall be deemed an election bt City not to restore its Unit. 11.4 Nonrestoration of B1tY Unit. If the BRP Unit is damaged and such damage affects the operation of the Cite knit and BRP has elected or deemed to have elected not to restore the damage, the City Unit Owner may, at its expense, take such actions as it deems reasonably necessary to render its lJnit a self contained operating stntcture. Such actions may include, without. limitation, enclosure of any building openings on the BRP Unit. Should such restoration include repairs to or replacement of the Ibotings, litundations and any other bclo~a° grade stntcarce, first floor colutmts or the floor slab fir second floor ("Shared Components"), BRP will reimburse City in such event for 3~"/0 of (i) the cost of such repairs to or restoration of the Shared Components and (ii) all soft costs appropriately related thereto. To the extent the repairs or restoration also involves other portions of the ltnprov°etnents at the Cite' Unit, Owners shall equitabh• apportion the costs of the work to the Shared Components and to the balance of the other work. BRP grants City easements of access to the BRP ilnit to make such repairs and restoration and grants City the right to make appropriate alterations to the Improvements on the RRP Unit consistent with this Section 1 L Should BRY provide notice that it elects to restore as provided in Section 112 but fails to commence such restoration within 180 days after such notico or ceases for a period of~at least 60 days in any restoration work once eawneneed, then such actions shall be deemed =tn election by RRP not to restore its Unit. 1 1.~ Restoration After Election Not to 12estore. If any Owner ]tas elected or deemed to have elected not to restore the Improvements on such Owner's L"nit but such Owner subsequently seeks to restore, such restoration may be undertaken only if it does not. interfere in any material respect with the conduct of business on any I_init in which business is being conducted and all work invohcd ut such restoration, including work aflccling another Uttit, is accomplished at the sole cost of the restoring Owner. nu:~ntt t;SGG3G.G?82933?9G l2. COl\llEAii~ATiO>\ 12.1 Deposit of Awards with Insurance'I'rustee. Por purposes oFthis Declaration, the takutg of portions of the Condominium Yropcrty by the exercise of the power of eminent dauaut or purchase in lieu thereof ("Taking") shall be treated as a casualty. 12.2 Determination V1'hether to Continue Condominium. The delenninaliun whether to terminate the Condominium attcr the taking of a substantial portion of the Common Clements will be made by an of{imtative cote of 75% of the cotes allocated to all of the Uttits as provided for termination of the Catdominium. 12.3 Tal:iue of Clnit. If the Taking is of all or a portion of one or more Units then the award for the 'faking shall be allocated by the condemning authority between the lJnits attd then, as to each lJnit, paid to the c?.nent available from the award allocated to such Unit: lirst, to the applicable Institutional ~tortgagecs in atnounts sufficient to satisfy their mortgages on such [!nit on +vhich a taking has occurred; second, to the Association for any due and unpaid Assessments; third, jointly la the aflected O+vners and other mortgagees of their units. 12.1 Taking of Common Elements. Awards for the Taking of C'ontnton Elements shall be used to render the remaining portion of the Common Edemcnts astable in the mamter approved by the Board of Directors. It' the cost of such work shall execcd the balance of the funds from the a+vards for the Taking, the +arork shall be approved in the manner elsew•herc required litr capital improvements to the Convnon )/lements and shall be paid by the O+vner of the Unit litr +vhich the +cork is necessary. The balance of the awards for the T~kittg of Cotnnton Elements, if any, shall he distributed to the Owners in the shares in +vhich thcc own the Cotrunon llcments after adjusUnents to these shares by reason of the Taking. If there is a mortgage on a Unit, the distribution shall be paid jointly to the Ovyner and the mortgagees of the unit. l25 Amendment of Declaration. The changes in Units, the Common F.lemcnts and in the ownership of the Comtnon Lletnettts and the adjustment to the shares in the Common F_xpenses and Common Surplus that arc effected by the Taking shall be evidenced by an amendment to this Declaration approved by, and executed at the direction of, a majority ol'the Board. l.i. OCCUPANCI' ANll USE RESTRICTIOI\S. in order to provide for congenial occupancy ol'the Condominium Property and for the protection of the values of the Units, the use of the Condominium Property shall be restricted to and shall he in accordance +vith the following provisions: 13.1 l?se of C.ih• Unit. Upon substantial completion of the Project, the City lJnit shall be used for parking uses and access thereto and.'or any outer permissible use under applicable la+v. 11t all times during +vhich the City ilnit is operated as a municipal parking garage at least I30 parking spaces shall he made available to the general public during the hours of 9:00 a.tn. and 8:00 p.m. 13.2 lise of BRP Unit. Upon substantial completion of the Project, the BRY Utut may he used only liar retail and cotnmercial uses to the extent permitted by applicable T:egal Requirements. 1~he following uses shall he prohibited on the BKP Unit-. NII A171 I'4h63fi.fi 7X29330796 (a) ' :Adult" bookstores or cinemas or establishmcnts for the sale of dntg- related paraphernalia. For purposes of this subparal,Raph: "Adult` bookstores or cinemas shall mean and include any establishmcnts which sell or offer for sale or display any merchandise +afiich is distinguished or characterized by emphasis on matter depicting, describing or related to (i) sexual activities or (ii) fondling or erotic touching of the body: and "establishments liir the sale of drug-related paraphernalia" shall mean and include establishments which sell or offer for sale any merchandise which is cotmnottly used or intended liar use +vith or in the consumption of any narcotic, dangerous dmg or other controlled substance; center; (b) Pa+vn shops; (c) Soup kitchen, homeless shelter or other similar lacility; (d) Mental health Facility. substance abuse facility or other rehabilitation (e) CUambling or bingo facility; (I) Auction or "Ilea market' facility; (g) Funeral home; (h) Laundromat (excluding any laundromats with a secondary use such as the "suds and duds" operation) or dry clcattcrs with on premises cteanutg plants or facilities: (i) Automobile, recreational vehicle or mobile home sales, rentals yr repairs, excluding Iw:ury• or so-called "exotic" automobile salts; or (j) Manufachlring facilities. Fut•thennorc, in no event shall any business or retail operation in the RRP Unit exceed 15,000 feet of gross leasable arcs. ~ti'ithout lunithtg the generality of the tbregoing, the ftRP Unit shall at all times he divided into spaces, none of which exceed 15,000 square feet of gross leasable area; and there shall be no interior connections hct+accn t+a°o or more spaces if the total gross leasable area of such spaces would exceed 15,000 syuare lect of gross leasable area in the aggregate. 1'he provisions of this Section 1 i? shall sun•ive any termination of this Condominium and shall remain in hill force and effect. 13.; Rules. Reasonable nondiscriminatory and consistently enforced rules and regulations may he established by the Association. 1 i.4 Conduct of Work. From and alter completion of the Project, all +vork per[itrntul by any Cnit Owner shall he perlitrmed in a prompt, good, workmanlike, lien-I•ree m.•+mter, and in a manner wfiich minimires disruption of or interference with the operation of the other Units. Once commenced, such work shall he perfomted continuously attd with due diligence, and, promptly upon completion thereof, the area in which the work was performed, and um• other areas affected thereby, shall he restored to at (cast as good condition that they were in prior to the 18 h'11.4~11 I'4fi63fi.fi 7X'_933!1;96 performance of such work. Except only +vhen expressl}• provided to the contrary in this Declaration, each O+vner will be responsible for maintenance, repair and replacement of all portions of the Condominium Yropet•ty within its Unit. An}• construction activity in the Unit shall he perlitnned in a manner that minimizes inconvenience to and disroption of the operation of the other l ]nits. 13.5 Plans availability. Loch 04vner shall retain all plans and specilications firr any work perfimned by it, and shall make s<vnc available to all other Owners front time to time upon reasonable request therefor (and any other Owner may duplicate any such taterials, at its cost). The foregoing is agreed to in recognition of the tact that such materials may facilitate the maintenance, repair and replacement of facilities +vilhin the Condominium Property. Each Owner disclauns arty representation or warranty as to the accuracy of any such materials. 13.G C'omrtliance with l,ci:al Reuuirementr•. F.ach (honer shall at all times promptly and fiilly cotnply with all Legal Kequirements that pertain to its Unit, whether or not any such Legal Kcquircments shall necessitate structural changes or unprovements to or urterfere with the use and enjoyment of the Condominium Propem. Gach Owner further agrees to cooperate +a~ith all reasonable requests of any other O+vner in respect of resoh~ing issues pertaining to compli•tttce with Legal Kcquircments. Either Uwner shall have the right to contest any Legal Kcquircments, or their applicability, through all available lawful means, and may defer ct»npliance +vith any Legal Requirement +vhile it is so contesting same in good faith and diligently, so long as the contesting Owner takes all steps reasonably required to slay any enforcement action or otherwise prevent material adverse impact to any other Owrter or the Condominium Property. 13.7 Couneration. All easements granted in this Declaration, and the use thereof, shall be deetned to be limited to the extent reasonably necessary to accomplish the purposes Ibr +ahich such casctnents are grvued. Each Uwner agrees to cooperate with the reasonable requests of any other (honer in furtherance of the spirit and uttent of the matters addressed ut this Declaration. 13.8 Odors. No Uwner shall permit arty offensive odors to exist on the Condominium Property. All O+ancrs recognize and agree that it is dift7cult to control odors widtin the loading and compactor/]rash areas due to the nautre of the use of those areas and, although reasonable steps to ntirutnize odors from those areas will be taken, the provisions of this Section 13.8 shall be interpreted to give due considcratiott to the difficulty ut controlling odors in these areas. 13.9 Iazardous 11latcrials. Each U+aner agrees that it will not generate, use, store or dispose of arty hazardous materials or substances on any portion of the Condominium Property except in full compliance with all Legal Kequirements. IIazardous substances or materials fir purposes of the fi~regoing shall mcart any substances or materials that are from tune to time designated as sash bv. or whose generation, use, storage or disposal is regulated pursuant to, an}• Legal Kequirernenis. if any Owroer receives any notice of the release of a hazardous material or substances affecting the Condominium Property, it shall promptly notify all other Uwners, and each O+vner shall cooperate ++ilh all nasottablc requests of any other O++•ner in respect of rcmcdiation, at no cost [o the Uwner being requested to cooperate except Lo Lhc extent Such Uwucr breached the provisions of the first sentence of this Section 13.9. AA I A M l I'456 z6,fi ?ft?9} iq^9fi U.10 Government Compliance. (a) 1/ach O+rner acknowledges and agrees that the City (itt its regulatory capacity and not as an Owner of a Unit) or other applicable governmental authorities may require the joinder by all Owners in applications for permits to perform work within the Condominium Properh. F.ach Owner desiring to perform work shall, if so required, submit any such applications to all other Owners for review, approval and joinder, which will not be unreasonably withheld, delayed or conditioned, provided the work for which the permit is being sought is i^ accordance with the terms of this llcclaration (inchtding compliance with all Leeal Requirements, including approvals reyuired by the City in its regulatory capacity). Lach Owner fitrther acknmvledges being aware that, in connection with permitting pertaining to any portion of the Condotnutium Property, the Owner applying It~r such permit may have to submit plans for the entire C'ondotninitun Property and, if this is required by applicable governmental authorities; cacti Owner shall cooperate with all others, at no cost to the cooperating Orrner, in accomplishing this in a manner that tnittimizes delay in the application process. (b) Lach Owiter shall, within five business days of receipt, furnish to any other Owner a copy of any notices received from any governmental authority pertaining to any violation of begat Rcquiremcnts, compliance with respect to which is or may be the responsibility of any other O+vner. 14. SELLIN(>, LEASING OK •I'Ke1NS)H'EKKING Or UNITS. There shall be no restriction on selling, leasing or otherwise transferring any Unit in whole or in part. Gach Owner shall have the right to mortgage its unit without restriction. I5. COAIPLIAI\CF. AND DEFAULT. Each Owner, occupant of a Unit and the Association shall be governed by and shall comply with the terms of the Condominium Documents, as the same may be amended from time to lime. The Association (and O+vncrs, if appropriate) shall be entitled to the following relief' in addition to the remedies provided by the i1et. 15,1 Ncelit=_encc. An Owner shall be liable tin- the expense of any mainlcnancc, repair or replacement made necessary by such Owner's negligence or by that of such Owner's invitees, employees, agents or lessees, but only to the extent such expense is not met by the proceeds of insurance actually collected in respect of such negligence by the Association. 1>.2 Costs and .Attorneys' Fees. [n any proceeding arising because of an alleged failure of an Owner to comply with the rcyuircmcnts of the i\ct, or Condominitnn Documents, as the same may be amended liom time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' Pecs (including appellate attorneys' fees) as may be swarded by the court. 16. TEKNIINATION OF CONUOD4[NIU~i. The Condominium shall continue until (i) terminated by condctnnation or eminent domain, as more particularly provided ut this Declaration, or (ii) such time as withdrawal of the Condominium Property from the provisions of the Act is authorized by a vote of Owners o+vning at least 75'% of the votes allocated to all of the Units in the Condominium and by any Institutional Mortgagee. n~u:~mu t?a~csc o zsz?s;o?~t, 1 ~. 17.1 Additimtal Rights of Institutional NlurtaaQees. (a) In addition to all other rights set forth, institutional Mortgagees shall have the right, upon +vTitten notice to the Association; to: (i) Examine the Association's books and records during normal business hours: (ii) Receive an unaudited financial statcmcut of the Association withi^ 90 days afrer the end of its fiscal year; (iii) Receive notice ol'.Association meetings and attend such reetings; (iv) Receive notice of an alleged default by any Owner upon +vhosc l!tilt such mortcagee holds a mortgage, +vhich is not cured +vithin 60 days after notice oCdelault to such U+vncr; (v) Receive notice of any substantial damage or loss to any portion of the Condominium Property; and (vi) Any proposed action that would reyuire the consent of a specified percentage of Institutional Rortgagees. Any Institutional Mortgagee giving notice pursuant to this Article shall set•vc its notice upon the Association, by registered or certified mail; relum receipt requested, which notice shall (1} identify each L'ttit upon which each such Institutional Mortgagee holds any mortgage; and (2) designate the place to which notice are to be given by the Association to such Institutional Mortgagee. (b) ~tlltenever consent or approval of any holder(s) of any mortgage(s) encumbering any Condominium Parcel(s) or Condominiutn Property is required by the Condominium Documents to any amendment of the Condominium Documents, or to any action ol'the .Association or to any other matter relating to the Condominium, such consent may not be unreasonably withheld. The Association may reyuest such atnsent or approval of such holder(s) by written reyuest sent certified mail, return receipt requested (or equivalent delivery evidencing such request ryas delivered to and received by such holders). Any holder receiving such request shall be required to consent to or disapprove the mailer tin- which the consent or approval is requested, ut writing, by certified mail, relum receipt requested (or equivalent delivery evidencing such request was delivered to and received by the Association), which response must he received by the Association within ,0 days after the balder receives such request. If such response is not timely received by the Association, the holder shall be deemed to have consented to and approved the matter li>r which such approval or consent. +vas requested. Such consent or approval given or deemed to have been given, where required, may he evidenced by an affdavit signed by an ofticcr of the Association. Such affidavit, +vhere necessary, may be recorded in the Public Records of the County and shall he conclusive evidence that the applicable consent or approval w•as given as to the matters therein contained. "1'hcsc provisions shall not apply +vhere ll AdIAh11 I?-16636.6 78?9338796 an htslilutional Mortgagee is otherwise required to specifically join in an amendment to this Declaration. l7? Assignment of llcvcloncr's Rights. Developer may assign the w°holc or any portion of Developer's rights set forth in the Condominium Documents. In the event of a partial assignment, the assignee shall not be deemed "Developer" but may exercise any rights of Developer assigned to it Any such assigtuncnt may be made on anon-exclusive basis. 17.3 Limitation of Liabilih•. The liability of each Otsner lirr Common Expenses shall he limited to the amounts assessed aeainst the Owner from time to time in accordance with the Condominium Documents. Each Owner shall be liable for injuries or dvnages resultutg from an accident in its own snit to the same extent or degree that any other properh owner would be liable for such an occurrence. 17.4 Covenant Running ~'1'ith the Land. All provisions of the Condominium Documents shall, to the extent applicable and unless olhen~ise expressly provided to the contrary, be perpetual covenants nuutitte with the Land and with every part and interest therein, and all of the provisions shall be binding upon and inure to the benefit of Developer and subsequent owner(s) of the Land or any part or interest therein, and their respective heirs, personal representatives, successors and assigns. This Section is not intended to create nor shall it be umsu-ued as creating any rights in or lilt the benefit of the general public. x111 present and future Owners, tenants and occupants of Llnits shall be subject to and shall comply with the provisions of the Condominium Documents, as they may be amended from time to time. The acceptvtce of a decd or conveyance, a• the entering into of a lease, or the entering into occupancy of any knit, shall constitute an adoption and ratification of the provisions of the Condominium Documents, as they may be amended from time to time, by such Owner, tenant or occupant. 17.5 Noticex. Al] notices to the Association required or desired under this llcclaratiat or the By-Laws shall be sent by certified or registered mail (rctum receipt requested), express courier service (such as Federal Express) or hand delivery to the Association at its address listed with the Florida Secretitry of State, or to such other address or in such other manner as the Association may designate from time to time by notice in writing kl all Owners. Except as othcnvise spccificall}° provided in the Act or this Declaration, all notices to any Owner shall be sent by first class mail (return receipt requested), express courier service (such as Federal F,xpress) or hand delivery to the Condominium address of such Owner, or such other address or in such other manner as may have been designated by an Owner from time to time, in writing, to the Association. All notices to mortgagees of Units shall be sent by first class mail to their respective addresses, or such other address as may be designated by them fiom time to time, in ta~riting, to the Association. All notices shall be deemed to have been given when received or, if mailed, within three days following mailing in a postage prepaid sealed wrapper. 17.6 No Time-Share Estates. No time-share estates will or may he created with respect to any Unit. 17.7 Exhibits. 1'hcrc is incorporated into this Declaration any materials contained in the L'xhibits w}tich under the Act are required to he part of the Declaration. 32 M1.+1M1 174fifi3G.fi 7829330796 17.8 'eases. City and BIZP acknowledge that, due to Citv's ownership of the City Unit City should be entitled to an exetption from real estate and personal property taxes and assessments. Each Lhtit Owner agrees to cooperate with City, at no cost to such Lhtit Owner , in attempting to realize said exemption. The fixcgoing shall include modifying this Declaration to the e~ncnt necessary. Cacti Unit Owner (other than City) shall pay prior to delinquency all taxes and assessments, real and personal, whether general or special, levied against its Unit. 'fhc litregoing shall not prcchrde either City or any other Unif Ow•tter from contesting taxes; so long as appropriate s[eps arc taken to prevent a salt of the Unit on account of non-payment thereof: The Owner appealing taxes shall be responsible for the frill costs for an} such appeal. Cacti Ot~mer agrees to cooperate with all reasonable reyuests of the other in an aticmpt to have arty portion of the Condominium Property reasonably reyuested by the other, or any component thereof, separately assessed for tax purposes. 17.9 Signature of President and Secretan. 1r4 hcrcvcr the signarirrc of the President or the Secretar}• of the Association is reyuired, the signature of avice-president may be substituted for the President, and the signature of the assistant secretary substituted litr the Secretan but the same pcrsat may not execute any single instrument on behalf' of the Association in two separate capacities. 17.10 Governing Law. Should any dispute or litigation arise between any parties twhosc rights or duties arc afrcctcd or dcterntined by the Condominium Documents, as the same may be amended from time to time, said dispute or litigation shall be governed b}' the laws of the Stale of Florida. 17.11 Severahility. The invalidity in whole or in part of any covenant or restriction, or any article, section, subsection, sentence, clause, phrase or word, or other provision of the Condominium llocumcnts, as the same may be amended from time to time, shall not affect the validity of the remaining portions thereof which shall remain in frill force and effect. 17.12 Waiver. No provisions contained in this Declaration shall be deemed to have been waived by reason of any failure to enforce the same, without regard to the number of violations or breaches which may occur. 17.13 Ratification. Each Owner, by reason of having acyuired ownership (twhether by purchase, gift, operation of lave or otherwise), and each occupant of a Unit, by reason of his occupancy, shall be decmcd to have aclutowledged and agreed that all oFthe provisions of the Condominium Documents arc fair and reasonable in all material respects. 17.14 Gender; Plurality. Wherever the context so perntits; the singular shall include the plural, the plural shall include the singular, and the use of any gender shall he decmcd to inchrdc all or no genders. 17.15 Cannons. The captions coutained ut the Condominium Documents are inserted only as a matter of convenience attd for cast of reference and in no way define or limit the scope of the particular document or any provision thereof. 17.16 Statuton• ~i'arrant}• Liability. BKl' assumes all warranty ]iabilih imposed by the ilct with respect to the BKl' Unit and releases City from all such liability. City assumes all 23 htr;t~ti t~aees~.e?xzvtto?vc~ warranh liability imposed by the Act with respect to the City Unit and releases BRP from all such liability. 17.17 Force btaicurc I;vcnts. Except in the even[ of an}• emergency requiring immediate action, whenever a period of time is prescribed in this Declaration for the faking of any action by an Owner, such 0~»ier shall not be liable or responsible for, and there shall be excluded from the computation of such period of time, arty dclaps due to strikes, riots, acts of (iod, shortages oC labor or materials, war, governmental laws, regulations or restrictions, or any other cause whatsoever beyond the control ol'such Owner. 1~1 ~V1TNF.SS \~1%HF.RF.OF, Developer has executed this Declaration as of the date indicated above. Signed, sealed and delivered CITY OP MIAMI BEACII, FLORIDA, a municipal in the presence of: corporation i Sign Namc: Print Namc: Bv: Sinn Name: Print Name: ATTEST: APPROVED AS TO FORM & LANGUAGE es< FORE UTION ~ '~ ~ 3 2i, 09 mey Date ~4 ~~11,U4[ 174GG36.G 782933079E Sil:n Name: Print Name: RAY ROAD P,4R'NF,RS, LLC By': BAY KOAD Y.AK'1'NLKS BKP, LLC. Manaecr Bv: Scott Robin,, iVlanagin~ Nicmbcr 25 \41AM1 1?1h636.6 ±R2933f1?9G S"1'A"1'E OP FLOR1llA col!N r~' of ;`91:~R11-u:~I~E. The lin-egoing Declaration of Condominium was acknowledged helilre me this day of 2008 by Scott Robins, as \4anaging ?`demher of Bay Road Partners BRP, LLC, a Florida limited liability company as manager of Bay Road Partners. LLC, a Florida limited liability company, on behalf of such limited liability compatucs. 1Ic is personally Fato~~-n to me or has produced a Florida driver's license as identification. Sign Vamc: Prinl ~lamc: N©T.aR~' PL?BLTG, STATE OF FLORTDra Print 1\ame ~]Y C0~4i\91SSION EXPIRES: 26 h7 L1 X11 1?46636.6 ?Y?93.i0?Y6 STATF. OF FT.ORTI~.A COUNTY OF MIA~II-I)ADE The foregoing lleclaraUon of Ca>dwnutium 4~as aclmow~ledged before mo this dap oY' _ 2OQ9 by as of City of Miami Beach, a municipal corporation, on behalf of such municipal corporation. He.!She is personally known to me or has produced a Florida driver's license as identilication. Sien Dame: Print 1\amc: NOTARY PTJRT.TC, STATE OF FLORIL)A Print N~une NIY COb~iN11SS1O1y' EXPIRES: 27 A71AM1 I?46636.6 ?8^_9330796 S'f:1TF. OF FLUKlll:1 1 ) SS: CC)i_NTY OP Iv~ll:~;yIl-I)AF)F. ) The lorcgoing yeas acknowledged before me this -;?i,1" day' of March. 2009 by I`tatli 11. Bower, as'~9ayor of the City of J4iami Beach, a municipal corporation of the Stab of Florida. on behalf of such municipal corporation. She is personally lato~nn to me or has produced a Florida driver's license as iclcntification. ~', // PI"Int ~allll. ~~~r t'Yrigh~~~- NOTARY Pl!$L1C, ST.~T6 OF PLC)RIF)A Print (\ame: ~ e~ r r,y ~~l d ram ~~1-~ x - Aiy Commission F.:~pins: ;'z~'~y ~, )Oi/ r_=a, t t .u)IVnFR Pl_:KllY :~\'LNI:G COMhTERCiAT: CONDOMINIi:>vl ,1SSOCIA11ON, INC., a Florida corporation not for profit, agrees to accept all the benefits and all of the duties, responsibilities. ohligations and burdens imposed upon it by the provisions of this Declaration and lixhibits attached. IN \~`ffNLSS \V1iERLOP, PC!RI)Y AVF_.NLiF. COMi\IF,RCTAL CONDOM[NIlJh9 ASSOCIA'17ON, INC., has caused these presents to be signed in its name by its proper olTicer and its corporate seal to be affixed this day of , 2009. Signed, scaled and delivered PURDl' AVF.NIJF. CO\q~4F.RCIf\I. in the presence of: C:ONDONIINIt:Dd ASSOCIATION, INC-, a Florida not for profit corporation Sign Name: By: Print Name: Sigu Natnc: Print Names STA"IE OF FLORII).4 ) SS: COUNTY Oh !v11AM1-llADE) The li~regoing joinder was ackttowlcdged before me this _ day of by 2009; as President of PUKDY AVENUE COMMGRC[AL CONDOMTNIUI\i ASSOCIATION, INC., a Florida corporation not for profit, on behalf of said corporation. IIei'She is personally known to me ur has produced a Florida driver's license as identificatirnt. Sign Name: Print Name: NO"1'ARY PUBLIC._ STATE OF FLORIDA Print Natnc MY COh1h1lSSlOV EXPtTZF.S: 28 mu.ar~it i?wfise.t:?xav;smve EXHIBIT A Lcf:al Description ~1L~it[ I?JG4?G.G 7839)30?96 F,XHIBIT R Suncv .41 I;\.111 1 ?~6G:i fi.6 'ii29:i 30'96 EXHIBIT C :allocation of Shares of Common F.Icments, Common Expenses and Commou Surnlus the undivided share in Cbnnnat Clements, Common E>ipenses and Common Surplus ("Undivided Share") fir each Unit shall be as follo~~~s: [:nit Share of Common Elements, Common Fsnenscs and Common Surnlus City l!nit (i5%~ BItY knit 35% ~I I;1 \f I I ?46636.6 78'_Y:i3b-9G CXHIBIT I1 Br• Laws M G1 NI1 173fifi3(i.fi 7X'_9330?96 ~xui~rr L ;lrticlcs of Inairnoration ',fL~1A~t1 I'4(iG36Ii ?S??1 to?ye