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HomeMy WebLinkAboutBel-Mark Building Condominium .~..., J .,., '- \1 ~ ' \ ~ .... )"." ,; .....~ 4, '" ~ ft: iIIilil- ~ -~ ,,-0- --""J;:_w_~ y;. " ~ TABLE OF CONTENTS OF BEL-MARK BUILDING CONDOMINIUM ('k1 ,j J, ) /?- . Jr/tl /..1 /7(b PI:::-I:;.7//~J LI912/.. /I-~ (."'/1///// I - SIe I/e. C.4 /oIl II Page 1 1 4 11 12 15 16 18 23 26 28 30 31 32 34 35 36 Article I. Purpose II. Definitions III. Condominium Development Plan IV. The Building V. Maintenance; Alteration, and Improvement , VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. Assessments Association Insurance Reconstruction or Repair After Casualty Condemnation Use Restrictions Purchase of Units by Association l Compliance l~nd Default Amendments Termination Miscellaneous Provisions Exhibit to Declaration of Condominium Project Plan of Development "A" - Legal Description of The Land "B" - "C" - "D" - "E" - "F" - Plot Plan, Survey, and Floor Plans Articles of Incorporation By-Laws Common Elements/OWnership/Voting Schedule Sign Restrictions ~?J- 5- L.LZ3 1 3 8 25 45 46 -- ,. . '" 0:> or:- U) -..... c:> r) <r.r l'n r1"1 -~ ::00 . .:;.J::J> -- < c: 0__ .-...,,0 I tl(jX (?S?~ '.J.. >fT1 ,,:: c: -JJ ~:~~ -, ~ J:"':"'" OX '"'1c ..~~ G ::0 rn fTI n ~ C) ~ :::0 :;0 C) ~l 0 0) S60 z:: < ~ ,." :::J - ""T1 .. C) fTI .. 0 ..- a.4I2~1H /A "-. Cahill Enterprises CARL H. CAHILL March 12, 1987 Mr. Sam Smith 1126 SR 434 Winter Springs, Fl. 32708 ~~"!~;;~B~~~,~",!!BJ:Lding Dear Mr. Smith: Thank you for the courtesies extended to me dur- ing my visit with you concerning signage for the Bel- Mark Building. Tenants have requested additional signage in order to improve upon their identity and attract more customers. Approximately 60% of the Building is still vacant and I'm sure new tenants will require more identification than the present canopy sign allows. As owners of the Bel-Mark Building, we respect- fully request permission to install letters, ten inches in height, that can be affixed to the strip encircling the Building. We understand that signage is not to exceed one (1) square foot of lettering for each lineal foot of front space. Please refer to attached sign detail. Thank you for your assistance. CRC/pf ~ECEIVEO 1 '7 1987 ~ 'l'~ ')j-J' HllS'f . ih'pt 2828 Edgewater Drive / Orlando, Florida 32804 / (305) 422-5423 " .". ,~/ .. ._------_.__.-.~ , 'I. .~)( n \ 0 \ \ \ ' ' , .11" ~. .. /"1 ' / ' I I J I I. I Y I ! J I , J ". j \ >- I i I I ' V \ \ \ i . / " J\ j t - , . I . . I : \ \ I I I \ . ' ' " ' r ! \ I \ ~ ; , V i ~ \- J \ 7' --.-( i . . ., . . I . , " . I, , " \" . I " . '.. i \. ' . , . '/ I I .. .~. ~ H ~ - ~,~ r .~ ~ I \ ' I ~ . '<( ~ ~ ~., ,~ Pi I~ 'I .. '.. . ' /\ ~~ () 0 i ' I ~ ' I ZJ I- n C) .-:. . ~ i ! , i I \) ~ 1 -{ r . '['\J ~ l-r-- . ' -n . .-- I l ITl . \ , .1 I < . I ~ \)) ~ ~ ~ - -;-;'D~":MA\.Z.~eu\,I,..,D\N . r \)= .. ~.\/......." I ~ . \L f I .. -- ~ Le't-J. .l./r=:TA- ' . .y' . .,;-J #I ..,! - ,-:.- , ". (, w Ilw DECLARATION OF CONDOMINIUM OF (J') ...... ~~ z (Jl o r fTI ('"') C> CD o C> :;><;~ ~ c-> i; r- :::0 ,..., c-, c:> :n "'0 = )>cn o m BEL-MARK BUILDING CONDOMINIUM "'T1 r This Declaration of Condominium is made this /~~day of A~ I I , 198"" By Bel-Mark Building Condominium Association, Inc., a Florida corporation, whose street address is Longwood-Oviedo Road, Suites 155, 165, 175, 185 and 195, Winter Springs, Florida. ,....., ~ WHEREIN, the Developer makes the following declarations: ARTICLE I - Purpose The purpose of this Declaration is to submit The Lands and improvements described and to be constructed thereon to the Condominium form of ownership and use in the manner provided in the "Condominium Act", and in accordance with the terms and conditions of this Declaration of Condominium. Section 1. Name and Address. The name by which this Condominium is to be identified is: BEL-MARK BUILDING and its address is: Longwood-Oviedo Road pv- ~I vAy Jr.:31f Suites 155, 165, 175, 185 and 195 Win ter Springs, Florida :; J. 7t:' II" Section 2. The Land. The Lands owned by the Developer which by this instrument are submitted to the condominium form of ownership is the real property lying in Seminole, County, Florida, described on Exhibit "A" attached hereto and incorporated herein by this reference, which real property is hereinafter sometimes called "The Land". The Developer hereby submits its fee simple interest in The Land to the condominium form of ownership. ARTICLE II - Definitions The terms used in this Declaration and the Exhibits hereto shall have the meaning stated in the Condominium Act and as follows, unless the context otherwise requires: Section 1. Additional Property. "Additional Property" means and refers to all that real property described in "Exhibit "B" and denoted as Bel-Mark Building Condominium Association which is ~:r : ",,,. -., ltl_'" _,l!:1 !II- 1IIEl', '-1 C' -., ~ " attached and incorporated by reference, as if fully set forth herein. Section 2. Assessment. The "Assessment" means and refers t~a;::: share of the funds required for the payment of the Common Expense~ ~ incurred in the operation of the Condominium, the Common Elements,~ and other expenses incurred, as defined herein, and such Assessmen~ shall be borne by the Unit OWner. ~ CD o 0....... ;x--, :::;t .-, l~ r- ;%I ..... ( -, ('"_-.:t :a:: ~~ n rn Section 3. Association. The "Association" means Bel-Mark Building Condominium Association, Inc., a not-for-profit Florida corporation, and its successors. "'Tl ,- r-..,) .... Section 4. Common Elements. The "Common Elements" means, refers to, and includes: (a) the Condominium Property not included in the Units; (b) tangible personal property required for the maintenance and operation of the Common Elements; (c) any areas referred to as Common Elements (or Areas) and Limited Common Elements (or Areas) in the Declaration of Condominium for Bel-Mark BUilding Condominium and (D) all those items referred to in the Condominium Act as Common Elements. Section 5. Common Expenses. "Common Expenses" means, refers to, and includes: (a) expenses of administration and management of the Condominium Property including, without limitation, any fee to be collected by and paid to a management agent for management of the Condominium Property pursuant to any contract therefore; (b) expenses of maintenance, operation, repair or replacement of the Common Elements, and of the portions, if any, of the Units to be maintained by the Association pursuant to this Declaration; (c) expenses declared Common Expenses by the provisions of this Declaration of Condominium or by the By-Laws; (d) any valid charge against the Condominium as a whole; and (e) reasonable reserves for repair, replacements or additions to the Common Elements or any other real or personal property acquired, held, maintained, operated, repaired or replaced by the Association. Section 6. Common Surplus. "Common Surplus" means and refers to the amount by which the receipts of the Association including, but not limited to, Assessments, exceed the amount of Common Expenses. Section 7. Condominium Act. "Condominium Act" means and refers to Chapter 718, Florida Statutes (Supp. 1984). Section 8. Condominium or Condominium Property. "Condominium" or "Condominium Property" means and refers to all of the Bel-Mark Building Condominium as described by this Declaration of Condominium and its exhibits and as depicted by Exhibit "B" to this Declaration of Condominium, but where the context so indicates, said terms shall also apply to all of the Project. Section 9. Condominium Parcel. "Condominium Parcel" means and refers to a Unit, together with the undivided share of the Common Elements which is appurtenant to the Unit. .., i' :' 1\ ;',' ~ . " 1_'" --- --... ,- _IT ~- -. ,.. lIl. -. ~ m o 0, ~. Section 11. Entitled to Vote. "Entitled to Vote" means and refers to the Members of the Association who shall have the right and power to vote at meetings of the Association. When more than one Person holds a fee simple interest in any Unit(s), all such Persons shall be Association Members, but the vote for such Unit(s) shall be exercised only by that one Person designated in a writing by all such Unit Owners, as they among themselves have determined, and sent to the Association secretary. Any Member Entitled to Vote shall have his right to vote Suspended during the period of time that said Member, or the Persons that he represents, are not current in paying all assessments due to the Association. ~ ~ C> fT1 Section 12. Institutional Mortgage or Institutional First Mortgage. An "Institutional Mortgage" or "Institutional First. Mortgage" includes but is not limited to a mortgage held by a bank, life insurance company, union pension fund authorized to do business in the State of Florida, credit union, savings and loan association, mortgage company, mortgage brokerage company, the Developer, an agency of the United States Government and the holder of any mortgage insured by any agency insured by the United States Government, such as Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, or the Veterans Administration. When an Institutional First Mortgage by some circumstance fails to be a first mortgage, but it is evident that it is intended to be a first mortgage, it shall nevertheless for the purposes of this Declaration of Condominium and the EXhibits annexed hereto, be deemed an Institutional First Mortgage, and the hOlder thereof shall be deemed an institutional first mortgagee. All references in this Declaration of Condominium to a first mortgage shall be deemed to include an Institutional First Mortgage. Section l3~ Lease. A "Lease" means and refers to the grant, in writing, by a Unit Owner of a temporary right to use of said Owner's Unit for a valuable consideration. Section 14. Limited Common Elements. "Limited Conunon Elements" means and refers to those Common Elements which are reserved for the Use of a certain Unit or Units to the exclusion of other Units , including, but not limited to, patios, storage areas, and any other structure attached to the exterior main walls of the bUilding that serves only the Unit Space adjacent to such structure. Any reference made to Common Elements in the fOllowing provisions of this Declaration or other Condominium instruments i~ m~~~~ ~~ _, ~ ,j J '. r. j ~ol"'~.~/ II :~?{i<ll 1'; [I 4~i I.., : ;l~ ~ ;i#i ~" '1 " ~~ ~~ :111 . ~ I -. -. -., .. Limited Common Elements, unless the latter is excepted or dealt with separately. Section 15. Member. "Member" means and refers to all of the Owners of Units in each Condominium bought within the jurisdictionljf ~ the Association, and after termination of any included Condomin~~ 0 the Project shall consist of those Unit Owners in the terminate~ ~ ~ Condominium who are Members at such time of termination, and th~~ successors and assigns. ~ n C) Section 16. Operation. "Operation" or "Operations of the ~ Condominium" includes the administration and management of the :-......, Condominium Property. ~ '" :t-' n r<l Section 17. Owner. "Owner" means and refers to the person(s) whose is the fee simple record title holder to one or more Units in the Condominium. Section 18. Person. "Person" means and refers to any human individual or legal entity. Section 19. Project. "Project" means and refers to all that real property described as The Land and the Additional Property. Section 20. Reasonable Attorney's Fees. "Reasonable Attorney's Fees" means, refers to and includes reasonable fees for the services of attorneys at law whether or not judicial or administrative proceedings are involved, and if judicial or administrative proceedings are involved, then of all review of the same by appeal or otherwise. Section 21. Unit. "Unit" means and refers to a part of Condominium Property which is subject to exclusive ownership as depicted in Exhibit "B" to this Declaration of Condominium. Section 22. Utility Services. "Utility Services" means and refers to, but shall not be limited to, electric power, water, gas, heating, air conditioning, telephone, cable television, garbage and sewage disposal. ARTICLE III - Condominium Development Plan The Condominium is described and established as follows: Section 1. Plot Plans, Survey and Floor Plans. Attached hereto as Exhibit "B" and recorded in Official Records Book 17015 , Pages III-:J.. to 11t,,~ , Public Records of Seminole County, Florida are the plot plans, survey and floor plans of the Project. Upon substantial completion of construction on The Land, the Developer shall include the surveyor's certificate of substantial completion required by the Condominium Act, and shall record same in the Public Records of Seminole County, Florida. Section 2. Easements. Each of the following non-exclusive easements is reserved through the Condominium Property and any and . ., ... ~ ' j~~ \.: I . ~! ,,"', l : ~: f" ;t'~I" ~ I ~ . ~J.1..t':. J.. ~t~ f ,\ }I " .., .., . . all property hereafter conveyed to the Association as easements and covenants binding upon and running with the title to The Lands and 'the Condominium. Notwithstanding any of the other provisions of th~ Declaration of Condominium, may not be amended or revoked and sha~ survive the termination of the Condominium and the exclusion of a~~ portion of The Land from the Condominium: ~ rn (a) Drainage and Utilities. Perpetual, non-exclusive ~ easements are reserved to and from the Developer improvements in ~e-- Project, the Association, or such Utility Service companies to whxc~ the Developer or Association may assign easements, for and on behalf~ of the Developer, the Association, the assignee Utility Service companies, and Unit Owners, as may be required for the entrance upon, construction, maintenance and operation of Utility Services, surface and storm water management and drainage facilities, cable television system, and such other equipment as may be required to adequately serve the Condominium Property, other Condominiums operated by the Association and any other portion of the Project, throughout the Condominium Property. It is expressly agreed that the Developer, the Association, the Utility Service company and any other Person benefited hereby and making the entry shall restore said easement property, as nearly as practicable, to the condition which existed prior to commencement of construction of such utility or storm water management and drainage facilities. The easements herein reserved shall include, but shall not be limited to, an easement for purposes of construction, maintenance, restoration, and when appropriate, deactivation of such Utility Services within the Common Elements; provided, however, easements herein reserved which necessitate entry through a Unit, shall only be according to the plans and specifications for the building containing the Unit or as the building is actually constructed, unless approved in writing by the Unit OWner. OJ o ~~ """' ro ). ,.... ::0..' ,--. <'"> ,..:> 'U -:::J= ~"') C') m In addition, easements are reserved to the foregoing Persons, including the Developer, for such further utility or drainage easements over and across the Condominium Property, as may be required from time to time to serve the Condominium Property and/or any further or additional parts of the Project during the course of development of same, whether such additional parts of the Project become subject to the jurisdiction of the Association or not. (b) Encroachments. In the event that any Unit or other substantial improvement now existing or intended to be constructed shall encroach upon any of the Common Elements or any other Unit for any reason other than the intentional or negligent act of the Unit OWner, or in the event any Common Element shall encroach upon any Unit, then an easement shall exist to the extent of that encroachment and for maintenance of same for so long as the encroachment shall exist, including, where necessary, reconstruction and repair. (c) Use and Enjoyment and Pedestrian and Vehicular Traffic. A Perpetual, non-exclusive reciprocal easement in favor of each Unit OWner, the Developer and the Association for ingress and egress shall exist over, through and across sidewalks, paths, walks, lanes and other portions of the Common Elements as may be intended l) " .., ~ and designated from time to time for such purposes and uses including ingress and egress to the Units; and for the vehicular traffic over, through and across such portions of the Common Elements as may from time to time be paved and intended for such purposes, and for use a.nd enjoyment of the Common Elements, and such easements shall be for th1r llse and benefit of the Association, Developer and Unit Owners, anm ........ those claiming by, through or under the aforesaid, including the ~ ~ record title holders of any portion of the Project which may not ~ '" submitted to the jurisdiction of the Association; provided, however, nothing herein shall be construed to give or create in any Person~~ right to park any vehicle upon any portion of the Condominium ~ Property, except to the extent that space may be specifically r designated or assigned by the Developer or the Association for parking purposes. The rights herein granted to a Unit Owner shall appurtenant to and pass with the title to his Unit. CD o ~~ "TI ~ ). r- ;0 ,., C~ ,~ :.0 u"= >'" C") m 1"0.) 00 be (d) Developer. Until such time as the Developer has completed the contemplated development of and sold all Units contained in the Project described in Article XVII, easements including, but not limited to, ingress and egress, are hereby reserved and shall exist through and above the Condominium Property as may be required by the Developer for the completion of contemplated improvements and sale of Units in the Project. Neither the Unit Owners, or the Association, nor their use of the Condominium Property, shall interfere in any way with such completion and sale or other disposition of the Project by the Developer or its successors or assigns. (e) Savings Clause. Should the intended creation of any easement fail by reason of the fact that at the time of creation .there may be no grantee having the capacity to take and hold such easement, then any such grant of easement deemed not to be so created shall nevertheless be considered as having been granted directly to the Association (without merger) for the purpose of allowing the original party or parties to whom the easements were originally granted to have the benefit of such easement, and the Unit OWners designate the Developer and/or Association as their lawful attorney- in-fact to execute any instrument on their behalf as may be hereinafter required or deemed necessary for the purpose of creating such easement. (f) Association. The Association has the right to grant permits, l~censes and easements over the Common Elements for utilities, roads, and other purposes reasonable necessary or useful for the proper maintenance or operation of the Project. (g) Floor Slabs, Wall Spaces and Ceiling Spaces. Developer hereby reserves unto and for the benefit of itself, and the Association, and their respective directors, officers, employees, agents and contractors, an irrevocable and perpetual non-exclusive easement running with the land and right of use on, over, in and through all floor slabs, wall spaces and ceiling spaces for the construction, installation, relocation, maintenance and repair of utilities and facilities providing services to Units adjacent to such floor slabs, wall spaces and ceiling spaces. Developer or the I -~l ;- ~ I; I ' >0;, ~t'-- 1l__IL' - -,-$- ~ -- -., Association may assign or convey in whole or in part the easement rights hereunder to any Unit OWner, or any directors, officers, employees or agents of or contractors with a Unit Owner. In o ~~ ..... B )~ r-' :x' ,.., c-, "" :OJ -u= >V> C") ", U' ...... ~I'.,) x CJ1 (h) Unit Interior Stair Wells. Developer hereby reserv~ for itself and for the Association the right, acting singly, to gr~t to a Unit OWner an easement and right of use of air space through 5hy- Common Element floor slab and ceiling space for a stairwell or any~ -- other opening to connect the Unit Space of the Unit Owner and any 6n~ floor with Unit owned by the same Unit Owner located directly above ~ or below; provided, however, that there are no Common Elements other than the floor slab, ceiling space and utility lines therein and no Units of any other Unit Owner located in between such Units where the Units are to be connected by the stairwell or opening; and further provided, however, that Developer and the Association may not grant to any Unit Owner such an easement and right of use, if such easement and right of use will diminish or interfere in any material manner with any Common Elements, including without limitation, the easement of support in those portions of the roof slab which contribute to support or the conduits, ducts, plumbing, wiring or other facilities for the furnishing of Utility Services to Units and Common Elements or necessary air space provided therefor. (i) Finishing of Units. Developer hereby reserves unto and for the benefit of itself, the Association, OWners, and their respective directors, officers, employees, agents and contractors, an irrevocable and perpetual easement running with the Land and right of use, over, in and through each and every Unit for access to any and all Common Elements near, adjacent to, or contiguous to the Unit in order to complete construction, equipping, finishing and decorating the interior of any other Unit. Any Person exercising this easement right will make reasonable effort to exercise such easement right in and through an Unit that is owned by a party other than the Person exercising the right in a manner so as not to disturb unreasonably the occupancy and use of the Unit by such party; provided, however, the Developer will have the sole and absolute discretion to determine the reasonableness of of the use of such easement rights in order not to delay or hinder the completion of construction, equipping, finishing, furnishing or decorating of the interior of any Unit, and, subject to such discretion of Developer, the Board of Directors of the Association may establish rules or regulations applicable to all Unit OWners or on an individual ad hoc basis limiting the times and the manner in which the easement rights hereunder may be exercised. Any Person exercising the easement rights hereunder shall be liable for any damage caused by such Person to an Unit that is not owned by such Person. (j) Construction and Marketing by Developer. The Developer hereby reserves unto and for the benefit of itself, its directors, officers, employees and agents, for as long as the Developer owns a Unit within the Project, an irrevocable easement and right of use of, over and across the Common Elements in order to develop the Condominium Property and carryon a sales and marketing program of Units, including the right to carryon and complete construction of improvements thereon, place signs, store construction Ii ~ {~~ / ~~ .: " {. 'I.... ~ ~ ' l. ~ r. ; ~ I ~ \ t.. .:,k ~ ~ \Cll ' , t. ~. ~~I ~ 1 ~ 1 1'~ R:\."t~l#:' ~, -;.v I"" T '. ".,,"~~ " < ~ ,cr~': '~" II '- '- equipment, park vehicles, and show the Common Elements and Units to any prospective purchaser of an Unit Space. Section 3. Improvements - General Description. ....... I'.) c.n OJ o 0= :;llC...... ~ ~ ). r- ;0 r" ~ = ;;n .,= >V> C> rn <n m (a) Building and Units. The improvements on The Land ~ include One (1) Building, One (1) Story. The buildings contain, ~ addition to the Common Elements therein, an aggregate of Units, a~ of which are more particularly hereinafter described. Each Unit Us identified by a Suite number and a Unit number indicating the ~ relative location of the Unit, as depicted in Exhibit "B" to this' Declaration of Condominium. No Unit when combined with a Suite number shall bear the same designation as any other Unit in the Condominium. The Unit consists of improvements and airspace only. No Unit may be subdivided, unless the Declaration of Condominium is amended as provided herein, and no action for partition of a Unit shall lie. CJ.) c:;:) Section 4. Unit Boundaries. Each Unit shall include that part of the building containing the Unit that lies within the boundaries of the Unit, which boundaries are as follows: (a) Upper Boundaries. The upper boundaries of a Unit shall be a horizontal plane a certain number of feet above the lower boundary.of the Unit extended to the vertical boundaries of the Unit, which number of feet shall be set forth for each Unit as set forth in Exhibit liB" attached hereto. (b) Lower Boundaries. The lower boundary of a Unit shall be the horizontal plane of the upper surface of the unfinished concrete floor slab serving the Unit extended to the vertical boundaries of the Unit. (c) Vertical Boundaries. The vertical boundaries of a Unit shall be determined as follows: (i) Where a Unit vertical boundary at any place, as indicated in Exhibit "B" is solely air space, the vertical boundary of the Unit at such place shall be the vertical plane lying on said boundary indicated in Exhibit "B", extended horizontally to intersect with other vertical boundaries of the Unit, and extended vertically to the upper and lower boundaries of the Unit. (ii) Where a Unit vertical boundary at any place,. as indicated in'Exhibit "B", is bounded by a Common Element wall, then a vertical boundary of the Unit at such place shall be the vertical plane of the unfinished interior surface of such wall, extended horizontally to intersect with other vertical boundaries of the Unit, and extended vertically to the upper and lower boundaries of the Unit. (iii) Where there is an aperture in any vertical boundary, including but not limited to windows or doors, the vertical boundary shall be extended at such places so that the vertical boundary to such places shall be coincident with the unfinished - :.' ~).,.; ,'; ;! , : ~ ~ h ~1l r'~ Ii " " surface surrounding the aperture, and the Unit shall include the frame work of the aperture, if any, but the Unit shall not include any glass, windows, glass sliding doors, entrance or exit doors, or any frames and casings thereto, within said aperture. OJ (J) ........ C) ~ 1"0.) . ~ (iv) A Unit shall not be deemed to include the z ~ undecorated or unfinished surfaces of the Common Element perimete~ walls and floors surrounding the Unit, nor shall a Unit be deemed MO include support columns located within the Unit or pipes, wires, ? conduits or other utility lines running through the Unit which ser~-- ~ any Common Elements or a Unit other than the Unit in which such line~ ~ are located. A unit shall be deemed to include interior walls and partitions which are contained within the Unit and also the inner decorated or finished surfaces of the Common Element perimeter walls and floors of the Units, uncluding the plaster, paint or wallpaper thereof. Section 5. Unit space. No unit space may be conveyed, unless it consists of not less than five hundred (500) square feet, and each Unit owned by an Owner shall be contiguous to a Unit or series of Units owned by the same Owner so that each Unit owned by the same Owner will have access to the hall, walk, or passageway adjacent to an entrance to the Unit Space of such Owner without the necessity of crossing a Unit owned by any other Owner. Nothing in this Declaration shall be deemed to prohibit the subdivision of a Unit Space, the sale of Units located in a Unit Space to the Owner of an adjacent Unit Space, or the combination of Unit Spaces; provided, that the same are effected in accordance with the terms, conditions and provisions of this Declaration. ~ Section 6. Divider Walls. A wall, other than a Common Element wall, separating the Unit Space of one Owner from the Unit Space of an adjoining Owner shall be referred to as a "Divider Wall", and the location of the vertical plane of its center line shall be coincident with the vertical boundaries of the Units on which the Divider Wall rests, which vertical plane shall also serve as the common boundary between the Unit Spaces of Owner whose Unit Spaces adjoin one another. Developer shall construct the initial Divider Walls. Thereafter, a Divider Wall shall not be removed by an Owner, except that in the event a Divider Wall is no longer necessary to serve to separate the Unit Space of one Owner from the Unit Space of another Owner, the Divider Wall may be removed; provided, that such removal shall be at the sole cost and expense of the Owner performing same and that prior written approval of the Board of Directors of the Association has first been obtained. A Divider Wall may not be constructed by any Owner or Owners without the prior written approval of the Board, which shall grant such approval upon receipt of a building permit application prior to submission of the application to the appropriate local governmental authority, if any is required for such constructions thereof, and evidence satisfactory to the Board of Directors of the Association that the Divider Wall will be constructed in accordance with construction standards satisfactory to the Board of Directors of the Association and coincicent with the vertical plane which serves as the common boundary between the Unit Spaces of Owners whose Unit Spaces adjoin one another. Any such ,~, r.~ " " construction shall be at the expense of the Owners performing the same. In no event may a Divider Wall be removed or constructed, if -the structural soundness of the building may in any way be affected thereby. All Divider Walls, whether constructed by the Developer or__ an OWner or OWners, shall be the property of the Association; ~ ~ provided, however, the expense of maintenance, repair and m -~ replacement thereof shall be shared equally by the Owners whose U~~ Spaces are separated by the Divider Wall. Any painting or ~ decorating of the surface of a Divider Wall shall be at the expen~ of the OWner performing the same; provided, however, that an OwneP -- shall be responsible for any damage caused to a Divider Wall by h~ -- negligent or intentional acts or those of his employees or agents; ~ and the cost of said repair shall be specially assessed to that ~ Owner, and said sum, together with interest thereon and all costs of collection, shall be immediately due and payable and shall be secured in the same manner as the Association's lien for payment of Common Expenses, as hereinafter described. m o Oc> :::><:-., ..., M ).: r- ::0 ,..., .... <.::> ::0:> ~~ C) m Section 7. Air Conditioning. Each Owner shall purchase and install (unless purchased or installed by Developer) and shall maintain, repair and replace as and when necessary, the air conditioning system and components thereof, including compressor, exchanger, conduits, fans and ducts, serving the Units owned by the Owner. Notwithstanding the foregoing, upon installation of any air conditioning compressors and system, the same, including all components thereof, shall be deemed building fixtures and may not thereafter be removed by an OWner (except in the ordinary course of the maintenance or repair thereof) unless replaced in a manner satisfactory to the Board of Directors of the Association. Section 8. Parking Spaces. Parking spaces for the Condominium are shown on the survey and plot plan in Exhibit liB" (the "Parking Spaces"). All of said parking spaces are Common Elements and shall be maintained, repaired, and replacement in the same manner as Common Elements. Parking spaces shall be used in accordance with rules and regulations promulgated by the Board of Directors of the Association. The Developer shall have the right to assign to OWners the right to the exlusive use of certain parking spaces. The number of parking spaces assigned to each initial Owner shall be based on the approximate aggregate size of Developer of an Office Space, Developer shall designate and assign to such OWner the exclusive use of a parking space or spaces, which use shall be an appurtenance to the ownership of such Units. Developer shall have the right to assign the use of parking spaces until Developer has conveyed all of the Units. Developer shall not assign the right to the exlusive use of more than five (5) parking spaces. Upon the original conveyance by Developer of Units to an OWner, Developer shall execute and deliver to the OWner thereof a written "Assignment of Use of Parking Space" in which the particular parking space or spaces designated for the use of such Units is described and in which is set forth the exclusive right of such OWner to use such parking space or spaces subject to the terms of this Article and any other applicable provisions contained in this Declaration. The Association shall maintain a book for the purpose of recording the current assignee of each parking space. Upon the original assignment by the Developer of Hl-'--m, II' --- __ .::1.. '-'~ ._;O;:f'" --~ ~ tW~p- ~ ---- " .., w I I I I I I I I i ! ! I t \ I ~ the use of a parking space, the Association shall record such assignment in such book, and the parking space and exclusive use thereof shall thereupon be appurtenant to said Units. Upon conveyance of or passing of title to an Unit, the Owner receiving such title shall give satisfactory evidence of such title to the Association, and the Association shall duly acknowledge to the grantee or transferee of such Units t:he recording of such transfer in such book. Notwithstanding any provision in this Article III, -- m section 8 to the contrary, in the event an Owner conveys only PKft~fg his Unit, and in connection with such conveyance the Owner desi~~o~$ be allocated on or more parking spaces to certain of the Units ihi~ ~ are conveyed, then the Owner shall have the right to so allocat~and ; assign the respective parking space or spaces. The Association~h~l g honor the election of any Owner in the assignment of a parking ~~ ~~ upon the dividing up of an Unit Space in connection with the : ~ ~~ conveyance of Units. After the conveyance by Developer of all Un~, m any parking space not assigned by Developer for the use of a Unit may be assigned, used or leased by the Association or OWners on such terms and conditions as the Association may from time to time determine, subject ~o the terms and conditions of this Declaration of Condominium. Section 9. Limited Common Elements. All patios, storage areas, other than those included in the Units, and any such structure attached to the exterior main walls of the building that serves only one Unit adjacent to such structure, shall be a Limited Common Element for the benefit of that particular Unit only. Such Limited Common Elements are shown graphically on the Condominium plot plans attached hereto as Exhibit "B". Section 10. Common Elements. The Common Elements include The Land and all the parts of the Condominium not within the Units as defined in Article III, Section 4. , <;' I I t i II o ARTICLE IV - The Building section 1. Units. The Units in the Condominium buildings are identified and briefly described in the Exhibit "B" attached hereto. Section 2. Appurtenances to Each Unit. The Owner of each Unit shall own a certain interest in the Condominium Property which is appurtenant to his Unit including, but not limited to, the following .. items: ~ ~ ~ ~' ~~ (a) Automobile Parking Spaces. The right to use, for automobile parking only, the parking space which may from time to time be designated or assigned by the Board of Directors of the Association to or for an Unit in any parking areas owned by the Association or comprising part of the Common Elements, which designation shall not be recorded amoung the public records. The Board of Directors may from time to time, should they determine there be a need, change the parking space designated for an Unit, provided that each Unit always has no less than (1) space. This provision is ,f,.lW ti''"'' ~~ '- L'rfiCIAt RECORDS ... BOOX PAGE "2 5 " 3 4 made in contemplation of the ~~~L€~tfbne or more Unit Owners may develop a physical disability or other special need or circumstance which would require the designation of a parking space more convenient to their Unit and to give the Association the power and flexibility to deal with such situations. The Association shall also have the flexibility of not having assigned parking spaces. (b) Common Elements. The undivided share in The Land and other Common Elements which is appurtenant to each Unit, is shown more particularly in the schedule attached hereto as Exhibit "E". (c) Association. Each Unit Owner shall hold membership in the Association and an interest in the funds and assets held by the Association. Membership and the exercise of voting rights of each Unit OWner in the Association shall be pursuant to the provision of the Articles of Incorporation and By-Laws of the Association attached hereto as Exhibit "C" and "0", respectively. The number of votes and voting strength accorded to each Unit shall be as set out in Exhibit "E" attached hereto. Section 3. Liability for Common Expenses and Share of Common Surplus. Each Unit Owner shall share the Common Expenses and Common Surplus to the same extent as he shares in the Common Elements, as described in Article IV, Section 2(b) and Exhibit "E" attached hereto; however, this does not include the right to withdraw or require payment or distribution of the same. The Developer shall not be obligated to pay any Assessments to the Association, notwithstanding the fact that the Developer is an Owner of Unit(s) in the Condominium, during such period of time as Developer shall guarantee the level of Assessments to be collected from other Units OWners, as provided in Article VI, Section 5 hereof. ARTICLE V - Maintenance, Alteration and Improvement Responsibility for the maintenance of the Condominium Property and restrictions upon the alteration and improvement thereof shall be as follows: Section 1. Common Elements. (a) By the Association. The maintenance and operation of the Common Elements and the improvements now or hereafter located thereon shall be the responsibility of the Association, and the expense associated therewith shall be designated as a Common Expense, except for those expenses specifically provided to be paid by the individual Unit OWner in Article V, Section 2(b)(1). (b) Alteration and Improvement. After the completion of the improvements, including the Common Elements contemplated by this Declaration of Condominium, there shall be no alteration or further improvement of the real property constituting the Common Elements without prior approval in writing by the Association Board of Directors. Any such alteration or improvement shall not interfere with the right of any Unit Owners without their consent. The cost of such work shall not be assessed against a bank, life insurance j: t~ t! l ~. :~,; "~ I~~ JS~W'ClUD" ~!; ._.. --,..vi- :_~;:~'~~lii- -,~- " -. company, savings and loan, or other Institutional First Mortgage holder that acquires its title as a result of owning a mortgage upon .the Unit owned, unless such OWner shall approve the alteration or improvement, and this shall be so whether the title is acquired by deed from the mortgagor or through foreclosure proceedings. The share of any cost not so assessed shall be assessed to the other Unit Owners in the proportion that their shares in the Common Elements bear to each other. There shall be no change in the shares and ~......, rights of Unit OWners in the common Elements altered or further ~ ~ improved, whether or not the Unit Owner contributes to the cost o~ ~ . such alteration or improvements. This Paragraph shall have no m application to the right vested in the Developer pursuant to the g provisions of Article III, Section 2(d) and Articles XI, Section ~ . OJ o 0= :;>c~ (c) VerticallY Adjoining Unit Spaces. Subject to such ~ reasonable regulation as shall be established by the Association, and with its prior approval, the OWner of any two Unit Spaces which shall be separated only by a Common Element which is a floor of one of the Unit Spaces, ceiling space, and ceiling of the other may alter or remove all or portions of the intervening Common Element; provided, that a building permit for such work has been issued by the appropriate governmental authority; that the structural integrity of the building will not be affected by the alteration; and that the finish of the Common Element then remaining is restored to a condition substantially comparable to that prior to such alteration. The OWner of such Unit Space may install in and attach to such opening or openings in such Common Element elevators, staircases, lifts, tubes and other service devices. The Owner may remove and retain ownership of the installed equipment upon termination of the common ownership of such vertically adjacent Unit Space, and he shall be obligated to restore such intervening Common Element to substantiate the condition which existed prior to its alteration or removal. ~ 1. r- :>c p' C""; ,= :>= \)'-= >'" C"> m (d) All incidental damage caused to any Unit by such work as set out in this Article V, Section 1 shall be promptly repaired at the expense of the Association. Section 2. Units. (a) By Association. The Association shall maintain, repair and replace as Common Expense: (1) All portions of a Unit, except interior surfaces, contributing to the support of the building, which portions shall include, but not be limited to, load-bearing columns and load- bearing walls. (2) All conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility Services contained in the portions of a Unit maintained by the Association and all such facilities contained within a Unit that services part or parts of the Condominium other than the Unit within which contained. This provision excludes from its coverage any air conditioning compressor facility, and also any other facility for the furnishing of Utility 1 .., ~mum : <~. '~I ~=; ~ . I": t if.~ I i:. ~ ; [JIiL'~,~- llR"'~ - r -'~~ rd'~~&m- -., " Services, now or hereafter installed outside any of the buildings, and intended for the purpose of furnishing such Utility Services only to an individual unit space, which facility shall be maintained by and at the expense of the Unit Owner. (3) All incidental damage caused to a Unit by reason of the maintenance, repair and/or replacement which is the responsibility of the Association, and such damage shall be promptly repaired by the Association. (b) By the Unit Owner. The responsibility of the Owner shall include, but not be limited to: U'I ......, (4) The Association, its representatives and ~ ~ agents, shall have a right of access to any Unit in order to meet~~ o obligations as set out in Article V, Section 1 and 2(a). ~ n Un.ft: - "T'l _ r D:J o 0= ~..., *., 5 ,- ,- ;JD ,.... ., c:..., ;0 ~= >'" Q m c...> (1) Maintenance, repair and replacement at his sol~ and personal expense, all doors, door frames and hardware, windows, glass, window screens and screens on the patios, if any, electric panels, electric wiring, electric outlets and fixtures, air conditioners, including air conditioning compressor and other related outside utility facilities referred to in but excluded from the purview of Article V, Section lea) (2), heaters, hot water heaters, refrigerators, dishwashers, other appliances, drains, plumbing fixtures and connections, interior surfaces of all walls, floors and ceilings, and all other portions of his Unit, except the portions specifically to be maintained, repaired and replaced by the Association. (2) To refrain from enclosure of, painting, decorating or changing the appearance of any portion of the exterior of the Condominium building. (3) To promptly report to the Association any defect or need for repairs, the responsibility for which is that of the Association. (c) Alteration and Improvement. Subject to the other provisions of Article V, Section 2 of this document, which in all cases shall supersede and have priority over the provisions of this paragraph when in conflict therewith, a Unit Owner may make such alterations or improvements to his Unit, at his sole and personal cost, as he may be advised; provided that all work shall be done without unreasonable disturbing the rights of the other Unit Owners. Further, a Unit OWner shall make no changes or alterations to any exterior wall, patio, screening, exterior door, windows, structural or load-bearing wall or partition or column, electrical service or plumbing service, without first obtaining approval in writing of the Association Board of Directors. All alterations and improvements must be in compliance with all existing bUilding codes in effected at the time of such alteration. No alteration or improvement may be made without the written approval of the Board of Directors of the Association, if such alteration or improvement mayor would cause an increase in the cost of the insurance carried by the Association. I; _~__:w .'IIIMi!t__- ~1ii~!,- -f~~~~-___ "'~'l1IIM: ,. 4., -., , . Section 3. Limited Common Elements. The repair and/or lreplacement of the Limited Common Elements appurtenant to each Unit shall be the responsibility of the Association, as provided hereinabove in Article V. U\ ....... rn r-..) ~ :z: Con The making and collection of Assessments against Unit Owners ~or Common Expenses, and for reserves as may from time to time be n established by the Association shall be pursuant to the By-laws an8 -- subject to the following provisions: ~ -- . (..t.) be ...... ARTICLE VI - Assessments <<Xl o Oc- ~- - r ). r ~ r < c -0< >' C) rn Section 1. Share of Common Expenses. Each Unit Owner shall liable for a proportionate share of the Common Expenses and shall share in the Common Surplus of the Condominium in the same proportion as his undivided interest in the Common Elements, as set forth in Exhibit "E" hereof, but such right shall not vest or create in any Unit OWner the right to withdraw or receive distribution of his share of the Common Surplus. Section 2. Payments. Assessments and installments thereon not paid on or before ten (10) days after the same are due shall bear interest until paid at the highest rate allowed by law or at such uniform lower rate as may be determined by the Board of Directors of the Association. All payments on account shall be first applied to interest and then to the Assessment payment first due. If any installment of an Assessment remains unpaid thirty (30) days after the same shall become due, the Association Board of Directors may declare the entire annual Assessment as to that delinquent Owner due and payable in full as if the entire amount was originally assessed. Section 3. Lien for Assessments. The Association shall have a lien on each Unit for any unpaid Assessments and for interest theron against the OWner thereof, which lien shall also secure the cost of collection by the Association, whether or not suit be brought, including, without limitation, Reasonable Attorney's Fees incurred by the Association incident to the collection of such Assessment or enforcement of such lien. Said lien shall be effective from and after the time of recording in the Public Records of Seminole County, Florida, a claim of lien stating the description of the building number and Unit, the name of the record Owner thereof, the amount due, the date when due. The lien shall continue in effect until all sums secured by the lien shall have been fully paid. Such claims of lien shall be signed and verified by an officer of the Association or by a managing agent of the Association. Upon full payment, the party making payment shall be entitled to a recordable satisfaction of lien. Liens for Assessments may be foreclosed by suit brought in the name of the Association in like manner as a foreclosure of a mortgage on real property. In any such foreclosure the Owner of the Unit and the Association shall be entitled, as a matter or law, to the appointment of a receiver to collect the same. The Association may also sue to recover a money judgment for unpaid Assessments 15 f!B i1 ~ ~ 'l .. _ ~~'~, it I '. if ~r~' 1 ~'~ ,,' .l ,t: :'1 . ~ ~I"" ('iij:~.. ,1H . ~ 1i\::--1l!1t';" ~: }i~ ~ rr..' ~ <tilt", Ii, ,'I i ;t .. .~ ~ ~ " .. . . without waiving the lien securing the same. Where the holder of an Institutional Mortgage or the mortgagee of a first mortgage of record or other purchaser of a Unit obtains title to the Unit as a result of the foreclosure of the first mortgage or where the holder of an Institutional Mortgage or a mortgagee of a first mortgage of record obtains title to the Unit, as a result of a conveyance in lieu of foreclosure of the first mortgage or pursuant to any other remedy provided in the first mortgage, such acquirer of title, its successors and assigns shall not be liable for the share of Association Common Expenses or Assessments pertaining to such Unit or chargeable to the former OWner of such Unit which became due prior t~ acquisition of title in the manner above provided. Such unpaid shar~ ~ of Common Expenses collectible from all of the Unit Owners includi~g~ ~ such acquirer, its successors and assigns. ~ ~ r- rr& Section 4. Certain Mortgages Protected. Nothwithstanding g anything herein set forth to the contrary, any lien on a Unit for~:: ~ Assessment set out in Article VI, Section 3 above or other charges: ~ ~ becoming payable on or after the date of recordation of the first co m mortgage on such Unit shall be junior, inferior and subordinate to such recorded first mortgage. Section 5. Assessments Not Paid by the Developer. The Developer shall be excused from the payment of its share of the Assessments in respect of the Units which it owns in the Condominium during the period of time that it shall guarantee the maximum level of Assessments to be colleoted from other Unit Owners in the Condominium. The Developer guarantees that the monthly installments upon the annual Assessment to be imposed upon Unit Owners of the Bel-Mark Building Condominium other than the Developer shall not increase over $.14 per square foot per month for so long as Developer holds any Units in The Lands, as defined herein, for sale in the ordinary course of business or until six (6) months after a certification of substantial completion of construction on The Land by Developer's survey as shown in Exhibit "B" hereto, is executed, whichever occurs first. Developer hereby obligates itself to pay the portion of expenses incurred by the Association during that period,in excess of the amounts collected as Assessments from other Unit Owners. Developer reserves the right to extend this guarantee, at its option, beyond the foregoing time period, for two (2) additional six-month periods, which guarantee shall provide that the monthly installment on Assessments on Unit Owners of Bel-Mark Building Condominium, other than the Developer, will not increase over $.14 per square foot of space in each Unit per month, exclusive of reserve amounts for painting, road resurfacing and replacement, and roof and structural repairs during such guarantee period. The guarantee extension will be exercised by furnishing written notice to each Unit Owner or record at their last known address, which notice shall be effective upon depositing said notice in the United States mail. ARTICLE VII - Association The operation of the Condominium shall be by the Bel-Mark Buildina ronoomjnium ~~~ori~r;nn Tnr ~ rnr~nr~r;nn nnr ~nr nrnFir ,~-j-- .~w-_._--"_.ta~ ~ a~-~~a <ow .. _~"::lIIl__._ -- - .. . 41. '-' organized under the laws of Florida, which shall fulfull its functions pursuant to the fOllowing provisions: Section 1. Articles of Incorporation. A copy of the Articles of Incorporation of the Association is attached as Exhibit "C". Article V of the Articles of Incorporation sets out the membership of Un':.t Owners of the Association. Section 2. By-Laws. A copy of the By-Laws of the Association is attached as Exhibit "D". Article III of the By-Laws sets out m~mbership and voting rights of Unit Owners in the Association. OJ <::) Oc: :;>0;... -. Cft ......, ~......, Section 3. Voting Strength. The relative voting strength~ ~ and number of votes per Unit is as set forth in Exhibit "E" attachffii hereto. Only Members of the Association who are Entitled To Vote ~ defined in this Declaration of Condominium shall cast a vote at an~ -- Association meeting for a Unit, unless specifically provided ~ ~ otherwise herein. ~ ~ ]. r- ;x ,... r. = :;a: -0= >Cf: (;") ITI Section 4. Limitation upon Liability for Association. Notwithstanding the duty of the Association to maintain and repair parts of the Condominium Property, the Association shall not be liable for injury or damage, other than the cost of maintenance and repair, caused by any latent condition of the property to be maintained and repaired by the Association, or caused by the elements or other Owners or Persons. Section 5. Management. The Association may contract for the management and maintenance of the Condominium and authorize the management agent to assist the Association in carrying out its powers and duties by performing such functions as the collection of Assessments, preparation of records, enforcement of the rules and regulations of the Association and maintenance of the Common Elements. The Association shall, however, retain at all times the powers and duties granted them by the Condominium Act, including, but not limited to, making of Assessments, promulgation of rules, and execution of contracts, all on behalf of the Association. To the Extent contemplated by the terms of the management agreement, if any, references to the Association or its employees, officers or directors made in this Declaration of Condominium, or in the Association Articles of Incorporation, By-Laws and/or rules and regulations, shall be deemed to include the management agent from time to time employed by the Association. Any contract, lease or management agreement, except with the Developer, will be made with, and valid only if a clause is included therein to the extent that said contract, lease, or agreement is terminable by the Association without cause upon thirty (30) days written notice without payment of a termination fee, and the term of any such agreement may not exceed one (1) year, renewable by agreement of the parties for successive one (1) year periods. When professional management has been previously utilized by the Association, any decision to establish self management shall require the consent of sixty-seven percent (67%) of the Units and fifty-one percent (51%) of Unit mortgagees. " ~ I ": ~ ~~ l'~' _ 'h ;c }1;} . ' t I~ I 'j ~ '" ~~ ~ ~ ; 'I ;t; . ,~, ,.\, ~--:~"". -- .,,- - . '. ~ 6. Section 5. Notice to First Mortgagee. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor of an Institutional First Mortgage and the building and Unit number or address of the Unit encumbered by said mortgage, the Association shall provide timely written notice of: (a) Any sixty (60) day delinquency in the payment of Assessments or charges owed by the Owner of the Unit emcumbered by its mortgage; (b) Any proposed action that requires the consent of a specified percentage of mortgage holders; (c) Any proposed amendment of the Declaration of Condominium, Articles of Incorporation or By-Laws effecting a chang~ in: (i) the boundaries of any Unit or the exclusive easement rignt~ appertaining thereto; (ii) the interest in the Common or Limited ~ ~ Common Elements appertaining to any Unit or the liability for co~o&" Expenses appertaining thereto; (iii) the number of votes in the m Association appertaining to any Unit; or (iv) the purposes to wh~~ any Unit or the Common Elements are restricted,. and . ~- . 01:1- (d) Any proposed termination of the Condominium regi~ CD CJ CJ= ;;>C:"'Y1 -, c=; ,i>: r- .;x> ~ c-, = ;;u -0= >c-, c;) III Section 6. Books and Records. The holders of first mortgages and the insurers and guarantors of first mortgages shall have the right to examine the books and records of the Association during normal business hours and to require annual audited financial statements of the Association within ninety (90) days following the end of the fiscal year of the Association. Any holder of a first mortgage is entitled, upon written request, to a financial statement of the immediately preceding "fiscal year. Such first mortgage holders shall also be entitled, upon request, to written notice of all Association meetings and shall be permitted to designate a representative to attend all such meetings. The Association shall make available to Unit Owners, prospective purchasers of Units, lenders and the holders, insurers and guarantors of the first mortgage on any Unit, current copies of this Declaration of Condominium, the By-Laws and Articles of Incorporation of the Association, other rules governing the Condominium and other books, records and financial statements of the Association, including the most recent audited financial statement if such is prepared. "Available" means available for inspection, upon request, during normal business hours or under other reasonable circumstances. Section 7. Restraint upon Assignment of Shares in Assets. The share of a Unit OWner in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to the Unit. ARTICLE VIII - Insurance Insurance, other than title insurance, which shall be carried upon the Condominium Property and the property of the Unit Owners '''~ ~l ~ 'tFj~ it q,! *, ~!;\ ~'" I)' .- -t'I,,d,- .-p__r"_J___...._ ,_iilRB,"- ___ !6'&i~ . " c, '" ~ shall be covered by the following provisions: Section 1. Authority to Purchase. The Association shall have the duty of maintaining in effect casualty and liability insurance, flood insurance and fidelity bond coverage as specified in the Federal National Mortgage Association Lending Guide, Chapter Three, Part 5, Insurance Requirements and as specified by the Veterans Administration. To the extent of a conflict between the insurance provisions in this Declaration of Condominium and the insurance provisions cited in the Federal National Mortgage Association Lending Guide and by the Veterans Asministration, the insurance provisions in the Federal National Mortgage Association Lending Guide and of the Veterans Administration shall control. As to any conflicts between the insurance provisions in this Declaration of Condominium, the Federal National Mortgage Association Lending Guide and Veterans Administration and Florida Law, Florida law shall control. All insurance policies upon the Condominium Property shall be purchased and maintained by the Association for the benefit of the Association, and in the case of insurance covering damage to the Condominium buildings and their appurtenances, also for the benefit of Unit Owners and their mortgages as their interests may appear and provision shall be made for the issuance of certificates of mortgagee- endorsements to the mortgagees of Unit Owners. Such policies and~ ~ endorsements thereon shall be deposited with the Insurance Truste~ ~ if one has been designated. It shall be the responsibility of th~ ~ Unit OWners and not of the Association to obtain insurance coverage at their own expense on the improvements of their personal proper~ and fixtures, and in addition to obtain comprehensive personal ~-- liability insurance which shall include coverage of liability for: ;: damage to the Person or property of others located within the Unit __ Owner's Unit(s), or in another Unit(s), or upon the Common Elements resulting from the negligence of the insured Unit Owner, in such amounts as shall from time to time be determined by the Board of Directors, but in no case less than $100,000.00 for each occurrence. Unit OWners shall furnish the Association with copies of all insurance policies obtained by them. All Unit OWner and Association property and liability insurance shall contain the coverage and waivers provided in Article VIII, Section l(a), unless such coverage cannot be obtained. m o DC' ;;.c~ c- r. r ;. r- C' c :;:It ~~ C") m Section 2. Coverage. (a) Casualty. All buildings and improvements upon each Unit and improvements included in the Common Elements shall be insured in an amount equal to the full replacement cost, excluding foundation, excavation and other costs normally excluded from coverage, as determined by the Board of Directors of the Association, on not less than eighty percent (80%) coinsurance basis with a waiver of depreciation endorsement if available. All personal property shall be insured and any fixture, equipment or other property within the Unit which is to be financed by an Institutional First Mortgage holder. Values of property insured by the Association shall be determined annually by the Board of Directors of the Association. The required insurance coverage shall afford protection against: t ~. 1 'Ilk t~ 'j;!, ~j!~ 1: ~ 1ft ' .r 1'- I ~~, l~'~ t "it i '_ .'~.:'... .~~ -~D~i"~~'- --- ..e:..____~-,.'"'--___,. ,,_ J. '-" ... (1) Loss or damage by fire and other hazards covered by a standard extended coverage policy; and (2) Such other risks as from time to time shall be customarily covered with respect to bUildings similar in construction, location and use as the bUildings on the land, including but not limited to vandalism, malicious mischief, windstorm, and water damage. Unless such coverage cannot be obtained, the policies shall __ to wai ve the insurer I s r igh t to: Vl -., 0 ~ f'..) ~ . (1) Subrogation against the Association and agai~t~ the Unit OWners individually and as a group; ~ n 0_ (2) The pro rata clause that reserves to the ins~e~ the right to pay only a fraction of any loss if other insurance : ~ carriers have issued coverage upon the same risk; and f'..) < ) , , . ,. =' "'O,c >c, C"> m (3) Any avoidance of liability for a loss that is caused by an act of the Board of Directors of the Association, or by an individual serving on the Board of Directors of the Association or by one or more Unit OWners. Such policies may provide that they may not be cancelled or substantially modified without thirty (30) days prior written notice thereof to each of the insureds. (b) Public Liability. Public liability insurance will be obtained in such amounts and coverage as may be required by the Board of Directors of the Association and as provided in Article VIII, Section 1 above, together with a cross liability endorsement to cover liabilities of the Unit OWners individually and as a group to a Unit OWner. (c) Workers' Compensation Policy. Workers' compensation insurance will be obtained as may be required from time to time to meet the requirements of law eXisting at the time of purchase of the policy. (d) Fidelity Bonds. Fidelity Bonds in a principal amount of not less than that required by law then existing and as provided in Article VIII, Section 1 above shall be maintained on.each officer and Director of the Association providing coverage against dishonest acts by the Association's officers, Directors, trustees and employees, and all others who are responsible for handling funds of the Association. (e) Other. Such other insurance as the Board of Directors of the Association shall determine from time to time to be desirable. Section 3. Premiums. Premiums for insurance policies purchased by the Association shall be a Common Expense, and such premiums will be paid by the Association, except that the amount of .~~;:J'~~""~";;;;~" ~.alm.IJjY"':..p<~"- _L( -~,-$~-~ . . ~ \., increase in the premiums occasioned by misuse, extra-hazardous use, or abandonment of a Unit(s) or its appurtenances of the Common Elements by a Unit Owner will be assessed against and paid by that Owner. Section 4. Insurance Trustee; Share of Proceeds. All insurance policies purchased by the Association shall be for the benefit of the Association and the Unit Owners and their mortgagees, as their interests may appear. Where the proceeds of such policies arising out of any single occurrence for which proceeds are payable __ amount to $25,000.00 or less, such proceeds shall be paid to the (J') -.. ~ Association. Where the said proceeds exceed $25,000.00, they sha~ ~ ~ be paid to an Insurance Trustee, if one has been designated, bein~a~ institution having offices in Seminole, County, Florida, or such ~ other location as the Association Board of Directors might agree n upon, and possessing trust powers as may from time to time be ~ approved by the Board of Directors of the Association, which trus~e-- ~ is hereinafter referred to as "Insurance Trustee". The duty of the: ~ Insurance Trustee shall be to receive such proceeds as are paid and hold the same in trust for the purpose elsewhere stated herein and for the benefit of the Association or the Unit Owners and their mortgagees in the following shares, but which shares need not be set forth on the records of the Insurance Trustee. (a) Common Elements. Proceeds on account of damage to Common Elements shall be held in undivided shares for each Unit Owner of the Condominium, each Owner's share being the same as his undivided share in the Common Elements appurtenant to the Unit. (b) Units. Proceeds on account of damage to Common Elements shall be held in undivided shares: (1) When the Units are to be restored, for the Owners of damaged Units in proportion to the cost of repairing the damage suffered by each Unit OWner, which cost shall be determined by the Board of Directors of the Association. (2) When the Units are not to be restored, for the Owners of such Units in undivided shares in proportion to the respective shares in the Common Elements appurtenant to such Units. (c) Mortgagees. In the event a mortgagee endorsement has been issued as to a Unit, the insurance proceeds of a Unit OWner shall be held in trust for the mortgagee and the Unit Owners as their interests may appear; provided, however, that no mortgagee shall have any right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired, except as provided in Article IX, Section l(b). No mortgagee shall have any right to apply or have applied to the reduction of the mortgage debt any insurance proceeds, except distribution of such proceeds made to the Unit Owner and mortgagee pursuant to the provisions of this Declaration of Condominium. Notwithstanding the foregoing, the mortgagee shall have the right to apply or have applied to the reduction of its mortgage debt any or all sums of insurance proceeds applicable to its mortgaged Unit in any of the following events: ~1aI!~~f~;;r""--,~--~-.. . ~___,!'.;,_I\Bn"Jl!~_~ _- ....__ti~~~- .. 1. . , '" 6. (1) Its mortgage is not in good standing and is in default. (2) Insurance proceeds are insufficient to restore or repair the insured improvements to the condition existing prior to the loss, and additional monies are not available for such purposes. section 5. Distribution of Proceeds. Proceeds of insurance policies received by the Association or the Insurance Trustee shall be distributed to or for the benefit of the beneficial non-record ~ ~ ~ title Owner thereof in the following manner: ~ ~ ~ :r: CJl (a) Expense of Trust. All expenses of the Insurance ~ Trustee shall be first paid or provisions made therefor. n Cl (b) Reconstruction or Repair. If the damage for whiciH the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be paid to defray the cost thereof as elsewhere provided. Any proceeds remaining after defraying such costs shall be distributed to the beneficial non-record title Owners, remittances to Unit Owners and mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a Unit and may be enforced by such mortgagee. ..p- .,.. """0 > C') m (c) Failure to Reconstruct or Repair. If it is determined in the manner elsewhere provided that the damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the benefical non-record title OWners, remittances to Unit Owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a Unit and may be enforced by such mortgagee. (d) Certificate. In making distribution to Unit OWners and their mortgagees, the Insurance Trustee may rely upon a certificate of the Association made by its President and Secretary or by the Association's managing agent as to the names of unit Owners and their respective shares of the distribution. section 6. Hold Harmless and Indemnification. Each Owner shall be liable to the Association for any injury to any Person or damage to the Common Elements or any equipment or improvements thereon which may be sustained by reason of the negligence of said Owner or of his guests, employees, invitees or tenants, to the extent that any such damage shall not be covered by insurance. The costs incurred by the Association as a result of such damage shall be deemed a special Assessment to the said Owner and his Unit and shall be subject to levy, enforcement and collection by the Association in accordance with the Assessment lien procedure provided for in this Declaration of Condominium. The Assessment to such Owner equal to the increase, if any, in the insurance premuim directly attributable to the damage or injury caused by such OWner or by the use of the Unit and/or improvements thereon owned by such OWner. The Association shall hold each OWner safe and harmless from liability for losses or injuries occurring on the Common Elements to the extent ,.. .,,~,"',' ,: I'e' ~ .: ,".' ; 'I;!Ef~~''"._-,,,,,,-,~ l.\~.l'- ~t_~ t, . i,.i ~ that such losses or injuries are covered by insurance to be maintained by the Association. Section 7. Association as Agent. The Association, or in the event the Association designates the Insurance Trustee then the Insurance Trustee, is hereby irrevocably appointed Agent for each Unit OWner and for each Owner of any other interest in the Condominium Property for the purpose of empowering the Association or the Association designated Insurance Trustee to negotiate and adjust-- all claims arising under the insurance policies purchased by the ~ ~ Association and to execute and deliver releases on behalf of each~ ~ Unit OWner upon payment of a claim relative to loss or damage to ~e~ Common Elements. The Association or Association designated Insur~ce Trustee shall have the sole right to settle or prosecute all clai~ relative to the Common Elements. OJ D Dc ;:>0>- c- ) r ~ r :~ " c- eo ::> -0<= 1>-" C") rn ARTICLE IX - Reconstruction or Repair after Casualty ~ CJ1 Section 1. Determination to Reconstruct or Repair. If any part of the Condominium Property is damaged by casualty, whether or not it shall be reconstructed or repaired shall be determined in the following manner: (a) Common Elements. If the damaged improvement is a Common Element, the same shall be reconstructed or repaired, unless the damages to such Common Element extends to a Unit (s), in which case the provisions relative to reconstruction and repair of Units and Common Elements, as hereinafter provided, shall pertain. (b) Units and Common Elements. If the damaged improvement includes a Unit and Common Elements, then the improvement shall be reconstructed and repaired, unless seventy-five percent (75%) of the Association Members by voting interest who are Entitled to Vote, all Owners of the damaged Unit, and two-thirds (2/3) of all mortgagees, being banks, savings and loan institutions, insurance companies, and institutional mortgagees hOlding first mortgages upon Units shall within sixty (60) days after casualty agree, in writing, that the same shall not be reconstructed or repaired. (c) Certificate. The Insurance Trustee may rely upon a certificate of the Association made by its President and Secretary or managing agent to determine whether or not the Unit Owners and their mortgagees, where so provided, have made a decision whether or not to reconstruct or repair. (d) Time. If the determination is made as set out herein to reconstruct or repair, said reconstruction or repair shall begin in a reasonable period of time from the date the insurance proceeds are available for distribution, whether held by the Insurance Trustee, if any, or the Association, or Unit OWner. Section 2. Plans and Specifications. Any reconstruction or repair must be substantially in accordance with the plans and specifications of the original improvements; or it not, then according to plans and specifications approved by the Board of ....JlllllliI'B: .__",'-.-'~r.__ ,.~1\i~J. -..~!r_t~~M.w:..~.~"-~ .. . -. -.. Directors of the Association which shall be of similar kind and quality as the original plans and specifications, and by the Owners of all damaged Units and fifty-one percent (51%) of all Unit mortgagees, which approval shall not be unreasonably withheld. Section 3. Responsibility. If the damage is only to those parts of the Units for which the responsibility of maintenance and repair is that of the Unit Owner, then the Unit Owner (s) shall be -- responsible for reconstruction and repair after casualty, and SUC0 ~ damage shall be promptly repaired by the Unit Owner (s). In all ~ ~ other instances the responsibility of reconstruction and repair a~et" casualty shall be that of the Association, and such damage shall ae promptly repaired by the Association. Nothing in this Article IXg Section 3 shall prevent the determination not to reconstruct or ~ repair properly made pursuant to the provisions of Article IX, · ~ Section l(a), (b) or (c). ~ m o Oc ;;JO;- f :r r r c < -oc >' C) m Section 4. Estimate of Costs. When the Association shall have the responsibility of reconstruction or repair, prior to the commencement of reconstruction and repair, the Association shall obtain reliable and detailed estimates of the cost to repair or rebuild. Section 5. Assessments for Reconstruction and Repair. If the proceeds of insurance are not sufficient to defray the estimated cost of reconstruction and repair by the Association or if at any time during reconstruction and repair, or upon completion of reconstruction and repair, the funds for payment of the cost of reconstruction and repair are insufficient, Assessments shall be made against all Unit Owners in sufficient amounts to provide funds for the payment of such costs. As to Common Elements, such Assessments will be in proportion to the Owner's share in the Common Elements. The Assessment shall be collectible by the Association in the manner set forth in Article VI hereof. Section 6. Construction Funds. The funds for the payment of costs for reconstruction and repair after casualty, which shall consist of the proceeds of insurance held by the Insurance Trustee and funds collected by the Association from Assessments against Unit Owners, shall be disbursed in payment of such costs in the following manner: (a) Association. If the total of the Assessments made by the Association in order to provide funds for the payment of reconstruction and repair which is the responsibility of the Association is more than $25,000.00, then the sums paid upon such Assessments shall be deposited by the Association with the Insurance Trustee, if one has been designated. In all other cases the Association shall hold the sums paid upon such Assessments and shall disburse the same in payment of the costs of reconstruction and repair. (b) Disbursements. The proceeds of insurance collected on account of a casualty and the sums received by the Association ~- - , ~ ,Lt';'l\; ~'l! tP ,!i.~ 1 ~~- -fa ~2]lr~,_~..~. --17...... ---'-~';":k~Y}''' .. . . tt ~ .. from collection of Assessments against Unit Owners on account of such casualty shall constitute a construction fund which shall be -disbursed in payment of the costs of reconstruction and repair in the following manner: (1) Unit Owner. The portion of insurance proceeds representing damage for which the responsibility of reconstruction and repair lies with a Unit Owner shall be paid by the Association or the Insurance Trustee to the Unit Owner or, if there is a mortgage __ endorsement as to such Unit, then to the Unit Owner and the mortg~e~ jointly. The distribution shall be in the proportion that the m ~ estimated cost of reconstruction and repair of such damage to eaci ~ affected Unit Owner bears to the total of such estimated costs to~ll affected Unit Owners as determined by the Board of Directors. No~ Owner shall be paid an amount in excess of the cost of repair of SUch- damage. All proceeds shall be used to effect repairs for such ~__ damage, and if insufficient to complete such repairs, the Unit Owne~ shall pay the deficit with respect to such damage and promptly effec~ the repairs. m o 0= ;>1:..., ....... ;=; ): r- ::0 ~1 .-, = ::0 -0= >cn (;) IT! (2) Association - Lesser Damage. If the amount of the estimated cost of reconstruction and repair which is the responsibility of the Association is less than $25,000.00 then the construction fund shall be disbursed in payment of such costs upon the order of the Association Board of Directors. (3) Association - Major Damage. If the amount of the estimated costs of reconstruction and repair which is the responsibility of the Association is equal to or greater than $25,000.00 then the construction fund shall be disbursed in payment of such costs in the manner required by the Board of Directors of the Association and upon approval of an architect or structural engineer qualified to practice in Florida and employed by the Association to supervise the work. (4) Surplus - Common Elements. It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair to the Common Elements shall be from insurance proceeds. If there is a balance in a construction fund after payment of all costs of the reconstruction and repair for the Common Elements for which the fund is established, such balance shall be distributed to the Unit OWners and their mortgagees, jointly, in proportion to the OWner's share in the Common Elements, but reduced by the amount of any unpaid Assessments against such Units Owners. (5) Certificate. Notwithstanding the provisions herein, the Insurance Trustee shall not be required to determine whether or not sums paid by Unit OWners upon Assessments shall be deposited by the Association with the Insurance Trustee, nor to determine whether the disbursements from the construction fund are to be upon the order of the Association or upon approval of an architect or otherwise, nor whether a disbursement is to be made from the construction fund, nor to determine whether surplus funds to be distributed are less than the Assessments paid by Owners, nor to ~.':; ~ '!f:~~ ~: I ~,,~ 1EilL111i1k_ill;~lIIl ..__1l~1IRmMl.~~"';"_!~'., - "_,~:;~~I . " .., -. determine any other fact of matters relating to its duties hereunder. Instead, the Insurance Trustee may rely upon a certificate of the Association made by its President and Secretary or the Association's managing agent as to any or all of such matters, stating: 1) that the sums to be paid are due and properly payable; 2) the name of the payee; and 3) the amount to be paid; provided, that when a mortgagee is herein required to be named as payee, the Insurance Trustee shall also name the mortgagee as payee; and further provided, that when the Association, or a mortgagee which is the beneficiary of any insurance policy the proceeds of which are included in the construction fund, so requires the approval of an architect named by the Association shall be first obtained by the Association. either by its ..p- (a) Any condemnation or casualty loss that affects 00 a material portion of the Condominium or the Unit encumbered mortgage. m o Oc:> ;;-..,., ~ ~ ~ r- :x:> ........ . C'") = :x> -0= ~CI") C') I'Tl Section 7. Notice to Mortgage Holders. Upon written re~e~ to the Association, identifying the name and address of the hold~,~ insurer or guarantor of an Institutional First Mortgage and the ~ building number and Unit number or address of the Unit encumbere~by said mortgage, the Association shall provide timely written noti~ -- of: ~ (b) A lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association pursuant to this Declaration. ARTICLE X - Condemnation Section 1. Action to Contest Condemnation. The Board of Directors of the Association shall have the exclusive right to contest any condemnation or eminent domain proceeding which is directed at the taking of any portion of the Common Elements or which touches upon, concerns or affects the use of the Common Elements. No Unit Owner or tenant of a Unit shall impair or prejudice the action of the Board of Directors in contesting such condemnation. Such restriction or prohibition shall not preclude a Unit OWner or tenant of a Unit from contesting the taking in such condemnation or eminent domain proceeding of: 1) the Unit owned or rented by such Unit Owner or tenant; or 2) any fixture (s) located in the Unit so owned or rented. In any action contesting a taking by condemnation or an eminent domain proceeding, the Board of Directors of the Association shall request the court to set forth the allocation of the condemnation award among the Association and Unit Owners affected, taking into account the respective percentage interests in the Common Elements, the effect of the taking on the each Unit affected thereby, and any other relevant factors. section 2. Termination of Condominium after Partial Taking by Condemnation. If any condemnation or eminent domain proceeding results in the taking of: fc__.I!dI\ ~J ft~ I ." .ft~ ; ':\ .'t!t. .~.- ~__~:~:'~JlI... ~IBIIIL _:~IR1li:_'''''_,." ~~.. '. _M. ,_~ fit~l_ -~~~{:;:>~ _ -~~!ifl . fa., 6. (a) Two-thirds (2/3) or more of The Land comprising the Condomi.nium or one-half (1/2) or more of the bUildings contained Units, and Owners and mortgagees of Units having seventy-five percent (75%) of the interest in the Common Elements resolve to terminate the Condominium; or (b) Less than two-thirds (2/3) of The Land comprising the Condominium, but such taking sUbstantially affects the use of the Condominium, or less than one-half (1/2) of the bUildings containing Units, and Owners and mortgagees of Units having fifty-one percent (51%) of the interest in the Common Elements resolve to terminate the Condominium; the Condominium shall be terminated, and the net proceeds of the award from the condemnation or eminent domain proceeding shall be considered one fund to be divided among all the Unit Owners in the Condominium in proportion to their respective __ common interests; provided, however, that no payment shall be ma~ ~ a Unit Owner until there has first been paid off out of such Own~'~ share all liens on such Owner's Unit. :c <:..n C) r- rTl Section 3. Distribution of Condemnation Awards. Except aSn provided in Article X, Section 2 above and excluding any award ~__ obtained by a Unit Owner for the Unit or for any fixtures as fur~er provided in Article X, Section 1 above, in the event all or part' o~ the Common Elements are taken in condemnation or eminent domain ~ proceedings, the award from such proceedings as to the Common Elements taken shall be paid to the Insurance Trustee, if one has been designated, and the award is more than $25,000.00. The award shall be paid to the Board of Directors, if there is not an Insurance Trustee, or if the award is $25,000.00 or less. The Board of Directors shall arrange for the repair, restoration or replacement of such Common Elements to the extent reasonably Possible, and the Board of Directors or the Insurance Trustee, as the case may be, shall disburse the proceeds of such award to the contractors engaged in such repair and restoration in appropriate progress payments. CD <:) C)"" ~~ ""Y't 6 :. r- ;:0' ,.... c--. <") :., -0= ~(.o) C") 1Tl If there shall be a surplus of such proceeds or if the Board of Directors cannot reasonably repair, restore or replace the Common Elements taken, the proceeds relative to the taking of Common Elements shall be distributed among the Unit Owners as directed by the court, taking into account the respective percentage interests in the Common Elements of the Units affected thereby and any other relevant factors, with such proceeds being payable jointly to the said Unit Owners and their mortgagees. Section 4. Condemnation Provisions Subject to EXisting Law. All provisions of this Article X are subject to interpretation in accordance with the laws in effect at the time of any condemnation or eminent domain proceeding. Should all or any portion of the provisions of this Article X be deemed illegal at such time, the distribution of proceeds shall be as a court of competent jurisdiction shall determine. :.__i!i~~m__1Brp.. r., .U:~~(~>[~iIY7_' .." ;';L~-_- ~c,h ., BI!Bf~;--_....,~: _,rr~~ to ... ... '- ~ ARTICLE XI - Use Restrictions The use of the Condominium Property shall be in accordance with the fOllowing provisions as long as the Condominium exists. Section 1. Units. Each of the Units shall be occupied and used for commercial unit purposes by the Owner or Owners thereof, their guests, invitees and tenants, and for no other purpose, according to the law, ordinances and zoning thereof of Winter Springs, Seminole County, Florida. en ~ ~ :E "-.) ~ 2: <J1 o Section 2. Common Elements. The Common Elements shall be used only for the purpose for which they are intended in the furnishinggof services and facilities for the enjoyment of the Units of the ~ :: "'0 Condominium and those Condominium regimes that become subject to tne~ ~ jurisdiction of the Association, subject to the rules and regulatio~ m of the Association. Section 3. Leasing. All leases of Units must be written and include a covenant in a form that complies with this Section 3. A Unit Owner shall not enter into a lease of its Unit with a lease term of less than one hundred eighty (180) calendar days. The lease of a Unit shall not discharge the Owner thereof from compliance with any of his obligations and duties as Unit 0wner. All of the provisions of this Declaration of Condominium, the Articles of Incorporation and By-Laws, and the rules and regulations of the Association, if any, pertaining to use and occupancy shall be applicable and enforceable against any Person occupying a Unit as a tenant to the same extent as against a Unit OWner, and a covenant upon the part of each such tenant to abide by the rules and regulations of the Association, if any, and the tel'TiS and provisions of the Declaration of Condominium, Articles of Incorporation, and By-Laws, and designating the Association as the Unit OWner's agent for the purpose of and with the authority to terminate any such lease agreement and evict such tenant of such covenant, will be an essential element of any such Lease or tenant agreement, whether specifically expressed in such agreement or not. Section 4. Nuisances. No nuisances or noxious or offensive behavior or activity shall be allowed to exist upon the Condominium Property, nor shall any use or practice which is the source of annoyance to residents or Unit OWners or which interferes with the peaceful possession and proper use of the said property by its residents or Unit Owners be allowed. Section 5. Clean and Sanitary Condition; Fire Hazards. All parts of the Condominium Property shall be kept in a clean and sanitary condition, and no rubbish, refuse, or garbage will be allowed to accumulate. No fire hazard will be allowed to exist. No Unit Owner shall permit or make any use of his Unit, the Common Elements that will increase the cost of insurance upon the Condominium Property, or upon any other Unit, above that required when the Unit is used for the purposes as approved in this Declaration of Conoominillm i+-", oo+-+-">rol-.,,,.-:l t:'..1-.~'-', "';;~::ff \;~~ _-- W':_111 -." ';1~-~'_ . ~ ~ regulations as may be promulgated by the Association Board of Directors from time to time. Section 6. Lawful Use. No immoral, improper, offensive or unlawful use shall be made of the Condominium Property or any part of either. Section 7. Antennas. No exterior antennas of any type shall be permitted or used upon the Condominium Property, unless and until th~ same shall have been approved by the Board of Directors of the ~ Association, which approval shall be granted or withheld at the sole z discretion of the Board of Directors. ~ n C) - -., "> CJ1 Section 8. Regulations. Reasonable rules and regulations concerning the use of the Condominium Property may be made and . amended from time to time by the Association in the manner provided by its Articles of Incorporation and By-Laws. Copies of such rules and regulations and amendments thereto shall be furnished by the Association to all Unit Owners of the Condominium. "'T'I r- U1 - Section 9. Developer Use and Rights Reserves. Until such time as the Developer has completed all of the contemplated improvements for the Condominium and the Project, and has sold all of the Units to be contained within the Project, neither the Unit Owners nor the Association, nor their use of the Condominium Property shall interfere with the completion of the contemplated improvements for the Project or sale of the Units in the Project. Each Owner by accepting a deed to a Unit thereby acknowledges that the activities of the Developer may constitute an inconvenience or nuisance. The rights reserved by the Developer include, but shall not be limited to, erecting, constructing, and maintaining on the Condominium such structures and displays as may be reasonably necessary for the conduct of its business of completing the Project and disposing of the Units by sale, lease or otherwise. This Declaration of Condominium shall not limit the right of the Developer at any time prior to the sale of the last Unit in the Project to establish in the Units owned by the Developer and on the Common Elements additional easements, to connect to Utility Services now existng or hereafter installed, reservations and rights of way to itself, to utility companies, or to other Persons as may from time to time be reasonably necessary to the proper development and disposition of the Condominium Parcels, Common Elements, or of the Project. Such easements may be created for the construction, installation, connection to utilities, maintenance, removal, replacement, operation and use of utilities, including without limitation sewer, water, and gas pipes and systems, drainage lines and systems, electric power and conduit lines and wiring, telephone conduits, lines and wires, and other utilities, public or private, including the right to dedicate, grant or otherwise convey easements or right-of-way to any public utility or governmental entity for such purposes. Allor any portion of the rights of Developer hereunder may be assigned to any successor(s) to all or part of the Developer's respective interests in the Condominium or the Project. The Developer may make such use of the unsold Units and the Common Elements as may facilitate such completion and sale, including, but not limited to: 1) maintenance of ~:~W:~..!- ''iJIi ... . .. ..~~~~o ~.;IB.~;~. - .... .. L:~' . _ ~ -1~_ . :~i-- & 4r. sales office in an unsold Unit at the Developer's discretion; 2) display of sales signs; 3) leasing said Units; and 4) showing the Units for sale to prospective purchasers. Notwithstanding anything herein to the contrary, until completion and sale of all Units in the entire Project, no "For Sale" or "Lease" sign may be displayed UPon the Condominium Property without the consent of the Developer. At no time shall any Unit Owner or the Association interfere with the exercise by the Developer of the easements reserved in Article III, __ Section 2 hereof. ~ -... ~ N Section 11. Awnings and Shutters. No awning, canopy, or ~ ~ shutter, incLuding a hurricane or storm Shutter, shall be attached~ or affixed to the exterior of an Unit Space, unless such awning, 8 canopy or shutter has been approved by the Association Board of ~ Directors. Hurricane shutters approved by the Board may only be ~ ~ installed and remain in Place during a hurricane watch or alert. ~ Such shutters must be removed by the respective OWner thereof, within forty-eight (48) hours thereafter and if not, so removed by the Association Board of Directors at the expense of such Owner. "l 1>> c-: (T'. Section 12. Interior Window Decorations. No draperies, blinds, shades, shutters or any other decoration or finishing may be affixed to or placed on the interior of any window to a Unit, if such decoration or finishing is visible from the exterior of the Unit, unless such decoration or finishing has been approved by the Association Board of Directors, which approval may be withheld by the Board in its sole and absolute discretion. Approval by the Association Board of Directors shall not be granted, if the effect of any of the foregoing will detract from the exterior aesthetic appearance of the Condominium Property. Section 13. Exterior Signs. All exterior signs for Unit Owners shall be of unfiorm size, dimension, color and composition as determined by the Association. Signs shall be of single-letter foam composition, ten inches in height, as set forth on Exhibit "F". Said lettering shall be affixed to the strip encircling the BUilding. No Unit owner shall be permitted to affix any deviations from the uniform Sign restrictions contained herein unless assented to by all Unit owners. Section 14. Litter. No article of personal property shall be hung or shaken from the door or windows of any Unit Space. No Owner shall sweep or throw from his Unit any dirt or any other materials, No garbage, trash, refuse or rubbish shall be deposited, dumped, or kept on any part of the Common Elements, except enclosed containers deposited in receptacles or placed for pick-up in accordance with any rules and regulations promulgated by the Board. Section 15. Utility Addition. No additional utility fixture or improvement, including without limitation, any water, sewage, electrical, air conditioning or heating system, line, duct, conduit, pipe, or wire shall be added to service any Unit Space without the prior written consent thereto by the Association Board of Directors. dl ~-'-'_._" ~._..._._-'. '. ---.u.:uII~~_ir ____:i~ T-"'\E?"..r~:::?it -"__""_IImZJII1~~ -,~"~"':!~iJ.::' .~-~" ~ .. "\ a ~ ~ ARTICLE XII - Purchase of Units by Association The Association shall have the power to purchase Units, subject to the following provisions: CD Section 1. Decision. The decision of the Association to Con...... C> purchase a Unit shall be made by its Board of Directors, wi thout ~ r-.,) ~ approval of the Members, except as elsewhere provided in this C> ~ Article. Any Unit(s) purchased by the Association, the record ti~e to which is in the name of the Association, shall be without voti~ privileges for so long as the legal record title is in the name of~ ~ the Association. :- c..n ~ Co.\) rn Section 2. Limitation. If at anyone time the Association be the Owner or agreed purchaser of three (3) or more Units, it may not purchase any additional Units without the prior written approval of two-thirds (2/3) of the Members Eligible To Vote thereon. A Member whose Unit is the subject matter of the proposed purchase shall be ineligible to vote thereon provided, however, that the foregoing limitation shall not apply to Units to be purchased at a public sale resulting from a foreclosure of the Association's lien for delinquent Assessments where the bid of the Association does not exceed the amount found to be due the Association, or to be acquired by the Association in lieu of foreclosure of such lien, if the consideration therefor does not exceed the cancellation of such lien. ARTICLE XIII - Compliance and Default Section 1. General Compliance. Each Unit Owner shall be governed by and shall comply with the terms of this Declaration of Condominium, the Articles of Incorporation, the By-Laws, the rules and regulations adopted pursuant thereto, said documents as they may be amended from time to time, and with decisions of the Association which are made pursuant to authority granted the Association in said documents. Failure of the Unit OWner to comply therewith shall entitle the Association to take such reasonable action as may be necessary to secure compliance of the Unit Owner with the Declaration of Condominium, Articles of Incorporation, By-Laws and rules and regulations. Placing, recording, and foreclosing on an Assessment lien will always be construed to be a reasonable action of the Association. Section 2. Enforcement. The Association is hereby empowered to enforce this Declaration of Condominium, the By-Laws and any rules and regulations of the Association. The Association" its agents or employees, are granted a right of entry upon and into a Unit and any Limited Common Elements appurtenant thereto to effect emergency repairs and a reasonable right of entry thereupon to effect other repairs, improvements, replacements or maintenance as necessary for proper maintenance and operation of the Condominium. Section 3. Negligence. A Unit Owner shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his act, negligence or carelessness or by that of any relatives in i~_9~ :. ~. Ji: f ',.J l< ,< i--':_'l~\F:~_-iih~ 1-""--~~~_'''' w~'JD7t_t~:- -.'W" . . ~ . " 6., his family, his lessees, principals, employees, or his or their guests, invitees, employees, or agents, by only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Such liability shall include any increase in fire insurance rated occasioned by use, misuse, occupancy or abandonme~t~ of a Unit or its appurtenances, or of the Common Elements or Lim~e~ Common Elements. z (.J1 o . Section 4. Costs and Attorneys' Fees. In any proceeding~ arising because of an alleged failure of a Unit Owner or Associatfbrr- to comply with the terms of the Declaration of Condominium, Articles-- of Incorporation, By-Laws and any rules and regulations adopted . (.J1 pursuant thereto, including said documents as they may be amended ~ from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such Reasonable Attorney's Fees as may be awarded by the court, inClUding costs and attorneys' fees for any appellate proceedings; provided that no attorneys' fees may be recovered against the Association in any such action. m o Or- :;:0;.- r 1 .r ::' r . ~ ""0" >' o f'l Section 5. No Waiver of Rights. The failure of the Developer, the Association or any Unit Owner to enfore any covenant, restriction or other applicable provision of the Condominium Act, this Declaration of Condominium, the Articles of Incorporation, the BY-Laws, or any rules or regulations adopted pursuant thereto, will not constitute a waiver of the right to do so thereafter. ARTICLE XIV - Amendments Subject to the other provisions of the Declaration of Condominium relative to amendment, this Declaration of Condominium may be amended in the fOllowing manner: Section 1. Notice. Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is considered. Section 2. Resolution. An amendment may be proposed by either the Association Board of Directors or by one-third (1/3) of the Members Entitled to Vote by voting interest who are OWners of Units on The Land. A resolution adopting a proposed amendment must bear the approval of not less than a majority by number of the Board of Directors and two-thirds (2/3) of the Members Entitled To Vote by voting interest who are OWners of Units on The Land. Association Directors or Members Entitled To Vote who are not present at the meeting considering the amendment may ~xpress their approval in writing, delivered to the Association Secretary before such meeting. Section 3. Agreement. In the alternative, an amendment may be made by an agreement signed and acknowledged by all of the record Owners of Units in the Condominium that exist on The Land in the manner required for the execution of a deed, and such amendments shall be effective when recorded in the Public Records of Seminole County, Florida. iJ![';"':W'.,ili'!.:l,?,,,;,,~~:t'!t:~_f)~:.;J!!!!!i9l1l:,li:,.~C"~:~"l~"IIIIDlliUi,_;;;'lIIO'l:il~~.2'l':JI:'~,,,"'0'_"~,~'~~~ll1i.J'j&!l:)T!),,~~_ . ~" . f., ~ Section 4. Exception. Anything herein to the contrary notwithstanding, for so long as the Developer shall hold fee simple title to any Unit in the Project, the Developer may amend this Declaration of Condominium, including but not limited to, an amendment that will combine two or more Units owned by the ~ ~ Developer, or any amendment required by a governmental agency or m ~ an institutional mortgagee willing to make or purchase permanent ~ ~ mortgage loans secured by Units, by recording such amendment in tRe Public Records of Seminole County, Florida. Such amendment shall~e effective without the necessity of a meeting of the Unit Owners o~ the approval and joinder of any Unit Owner, or the joinder of the~ OWner and holder of any lien thereon; provided only, that such . ~ amendment shall not adversely affect the lien or priority of any ~ Institutional First Mortgage recorded prior to the Amendment. CD o ~~ ... F. j; . r- ::x ...... r-: = X ~~ C) m Section 5. Proviso. Provided, however, that no amendment shall discriminate against any Unit OWner nor against any Unit, class or group of Unit OWners or Units, unless the Unit OWners so affected and their first mortgagees shall consent. Any amendment which shall change or subdivide any Unit or the share in the Common Elements, and other of its appurtenances or increase the Owner's share of the Common Expenses shall require: 1) approval in writing of two-thirds (2/3) of the Unit OWners by voting interest owned, other than the Developer; 2) written approval by the Owner of the Unit concerned; and 3) written approval of all of the first mortgagees of the Units affected, said approval to be evidenced by joinder in the execution of the amendment. An amendment of this Declaration of Condominium shall not make any changes to Articles VIII, IX unless the record holders of all mortgages upon Units in the Condominium shall join in the execution of the amendment. Unless all of the mortgagees, and two-thirds (2/3) of the Unit OWners by voting interest owned, other than the Developer, have given their prior written approval, the Association shall not by act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements. The granting of easements for public utilities or for other public purpose consistent with the intended use of the Common Elements by the Condominium Unit OWners shall not be deemed a transfer within the meaning of this clause. So long as the Developer owns any improved or unimproved real property in the Project, no amendment shall make any change in any provision herein related specifically to the Developer, including, but not limited to Article II, Section 11; Article III, Section 2; Article IV, Section 3; Article XI, Section 10; or Article XIV, Sections 4 or 5, without the Developer's written consent and joinder in the execution of said amendment. No amendment may be adopted which adversely affects the validity or the priority of an Institutional Mortgage without the written consent of the holder thereof. The consent of at least sixty-seven percent (67%) of Unit OWners by voting interest owned and at least fifty-one percent (51%) of Unit mortgagees shall be required to amend the provisions of the Declaration of Condominium, Articles of Incorporation or By-Laws pertaining to: (a) Voting; (b) Assessments, Assessment liens or subordination of '-'. CO" ..,,~ ","'., .., .... . ... f."-"".....n~."""""1l'''il>t~IlW''.~cF+':rr:_~:~g~~__~~it_ f.~'.!llr..~.....,..""~"."":~.~';_.1"~}~.".~",1Zi'J!.~..;,.;~~'eir1ll:~t."'~,S...c..,."""....,.;.f;;.~".#i.t'..,.,..."'....,,..~"',,_ ,^, ~f~ii~i{[~A:')t~:'~,1:1t_t~~,,:ii,,:~I:~~m.~iti,/~8':d -'ir:' ~, ~,..,' ;>, . ~ 'to... .. ~ 6r such liens; (c) Reserves for maintenance, repair and replacement of the Common Elements; (d) Insurance or fidelity bonds; (e) Rights to use of the Corr~on Elements; Vl fT1 3: X C> r the fT1 n Cl -., ~ r-..) ~ (J1 (f) Responsibility for maintenance and repair of several portions of the project; " r- (g) Expansion or contraction of the Condominium or the addition, annexation or withdrawal of property to or from the Condominium; "l (J1 ~ 0') " (h) Boundaries of any Unit; Elements; (i) The interests in the general or Limited Common (j) Convertibility of Units into Common Elements or of Common Elements into Units; (k) Leasing of Units; (1) Imposition of any right of first refusal or similar restriction on the right of a Unit Owner to sell, transfer, or otherwise convey his or her Unit; or (m) Any provisions which are for the express benefits of mortgage holders, insurers, or guarantors of first mortgages on Units. Section 6. Execution and Recording. A copy of each amendment shall be attached to a certificate certifying that the amendment was duly adopted, which certificate shall be executed by the appropriate officers of the Association with the formalities of a deed. The amendment shall be effective when such certificate and copy of the amendment are recorded in the Public Records of Seminole County, Florida. Such certificate shall be conclusive as to the facts contained therein and shall be binding in favor of anyone relying thereon. No such certificate shall be required in connection with any Developer amendment allowed by Article XIV, Section 4. ARTICLE XV - Termination Provided the Condominium has been in existence for at least twenty-five (25) years, the Condominium may be terminated or abandoned in the following manner: Section 1. Agreement. The Condominium may be terminated or abandoned by approval, in writing, of all of the Owners of the Condominium and by all record holders of mortgages upon Units therein. ,_D__BI1ilI..-Jf~lP.m"'~_JBlF",~-,~t~~~ilm!IIlf:;.Il...<I>.'~_~_";:i~_.:;;)I . ~ '>. .. -.., \., Section 2. Total Destruction of the Condominium Buildings or Partial Taking by Condemnation. If all the Condominium buildings on The Land, as a result of common casualty, be damaged within the meaning of Article IX, Section l(b) and it is not decided as thereiU: provided that such Condominium buildings shall be reconstructed ~ ~ repaired, or if after partial taking by condemnation, the OWners ~ ~" resolve to terminate the Condominium as provided in Article X, ~ Section 2, the condominium form of ownership will thereby terminaee without agreement. g __ m o 0= ;;.0;...., ..., ~ )- r- ;>:> ,.. c-) <=> :>co "U~ ~ C) ", ..., -- Section 3. Effect of Termination. Upon termination of t~ ~ Condominium pursuant to Articel XV, Section 1 or 2, the Owners of t~ Common Elements shall thereupon be the Owners, as tenants in common, of the Condominium Property. The shares of such tenants in common shall be the same as were their shares of the Common Elements. Section 4. General Provisions. Upon termination of the Condominium, the mortgagee and lienor of a Unit OWner, who shall thereby become tenants in common, shall have a mortgage and lien solely and exclusively upon the undivided share of such tenancy in common in and to The Lands and other properties and rights which the Unit OWner may receive by reason of such termination or exclusion. The termination of the Condominium shall be evidenced by a certificate of the Association executed by its President and Secretary certifying as to facts effecting the termination, which certificate shall become effective upon being recorded in the Public Records of Seminole County, Florida. Section 5. Amendment. This Article XV concerning termination cannot be amended without consent of all Unit Owners in the Condominium and of all record Owners of mortgages upon the Units. ARTICLE XVI - Miscellaneous provisions Section 1. Severability. The invalidity in whole or in part of any covenant or restriction or any section, subsection, sentence, clause, phrase or word or other provisions of this Declaration of Condominium, the Articles of Incorporation, the By-Laws, any rules and regulations of the Association, and any Exhibits attached hereto, shall not affect the remaining portions thereof, and the remaining portions thereof shall be read, as if said invalid, illegal, or unenforceable provision had never been part of this Declaration of Condominium, the Articles of Incorporation, the By-Laws, any rules and regulations and any Exhibits attached hereto. Section 2. Interpretation. The provisions of this Declaration of Condominium shall be liberally construed to effectuate its purpose of creating a uniform plan for the creation and operation of a Condominium development and for the maintenance of Common Elements, each Unit, and the improvements thereon, and any violation of this Declaration of Condominium shall de deemed to be a nuisance. The Articles and Section headings, titles and captions have been inserted for convenience only and shall not be considered or referred i0........._';(!_fJ~JIII-!(..!i, T-- ...c~~_: ~1IJIIll~.~ L~"'Ur ~,.. -;~l . · .l}t- . 6.. -.. to in resolving questions of interpretation or construction. As used herein, the singular includes the plural, and plural includes the singular. The use of the masculine, feminine or neuter gender includes all other genders, unless the context dictates otherwise. Section 3. Interpretation of Voting Rights. Unless specifically stated to the contrary in this Declaration of Condominium or any Exhibits attached hereto, all voting by Me~bers __ of the Association or OWners of Units shall be by the Member Entitl~ to Vote. Action upon any question or action put to the Members o~ ~ Owners shall be by majority vote by interest. Majority vote by ~ ~ interest shall be determined by application of the voting schedul~ in Exhibit "E" attached hereto. Unless specifically provided to ~e contrary in this Declaration of Condominium or any Exhibits attac~d-- hereto, all voting by the Association Board of Directors shall be ~ by a majority vote of the Association Board of Directors. ~ Each Director shall be accorded one (1) vote. CD CD o ~~ ~ r. ;; r- :'0 r- .- c '" -oc >" Cl rn ARTICLE XVII - Project Plan of Development section 1. Definitions of "Project" and "Section". Bel-Mark Building Condominium is contemplated to be part of a development located in Seminole County, Florida and comprised of approximately one (1) acre, described in Exhibit "B" attached hereto and by reference incorporated herein, which development is referred to in this Declaration of Condominium as the "Project". It is Developer's intent that each major stage of development in the Project be referred to as a "Section". section 2. Expandable Association. Upon the recordation of this Declaration of Condominium, Bel-Mark Building Condominium Association, Inc. shall have as Members all Owners of Units in the Bel-Mark Building Condominium, and the said Condominium shall be subject to the jurisdiction of the said Association, as provided in this Declaration of Condominium and by the terms of the Articles of Incorporation, By-Laws and any rules and regulations adopted by the Association, all as amended from time to time. The Association has been created for the purpose of operating the Condominium, together with operating such additional, distinct Condominium regimes as may hereafter be developed by Developer within the Project and submitted by the terms of a Declaration of Condominium of record to the jurisdiction of the Association. If the Developer elects to submit such additional Condominium regimes(s) to the jurisdiction of the Association, the OWners of Condominium Units included therein shall also be Members of the Association, shall be Entitled To Vote for each Unit owned in accordance with a schedule similar to that set forth in Exhibit "E" and that accords a vote similar in value to that set forth in Exhibit "E", all in accordance with the Association Articles of Incorporation and By-Laws and the terms and conditions of such Declaration of Condominium submitting the Units to the jurisdiction of the Association. The Developer anticipates that the Project ultimately may include as many as six (6) Condominium Units in the Project, more or less. 36 .,. l~~;t! . ~'f >/;-.~: .~U ~ ~ ~ ," .."'" F ----< --- -wu '"WlE::'1l"- ]ilt'lft ':-riM:'", - f · 'sf. · t. ~ .. Section 3. Future Development Within the Project. Developer reserves to itself the Sole and absolute right to determine 'the timing, method of ownership, and manner of development of any and all Sections of the Project not included in Bel-Mark BUilding Condominium. In no eVent shall any provision of this Declaration of Condominium be construed as imposing upon the Developer any obligation whatsoever to submit to the jurisdiction of the Association any properties, improvements or Condominium Units other than those hereby or heretofore specifically submitted. The consent of jOinder of the Unit OWners other than the Developer, or any mortgage holder, shall not be required to add any real property, improvements or other Condominium regimes to the jurisdiction or ownership of the Association. - IN WITNESS WHEREOF, the Developer has executed this Declaration of Condominium the day and year first above written. CIl ....., ~t-..) ~<.I'I a r- m n 0_ ;!2- CD o Oes ~... ~ c:; ;= r- ::0 ..., ..., = =0 ~:;: C') fT1 Signed, sealed and delivered in the presence of: <.1'1 to BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC. / ~ ~- ,-,- - . --~-- '--- ~~)4t.-- ~ By: _ _ ._ _______ pre_~ident~A ~. ffu,&< Attest: Sec etar STATE OF FLORIDA ) ) SS: COUNTY OF SEMINOLE ) at BEFO~E ME~~ undersign~ authorjty, ~rspnally appeared -:::r.:; ~ -f V'l" rl.. .:t:LtJl". and ..Doh "l 'fu VI de _.tlili.:: , we 11 known to. me to be the President and Secreta y of Bel-Mark BUilding Condominium Association, Inc., who acknowledged before me that they, as officers of said corporation, executed this Declaration on behalf of said corporation. IN WITNESS WHEREOF, I have h<geunto set ll}Y hard and offi.\>i"~~~I'~~i":;:,... said County and State this 15 day of -Af!rc l , 1~~6~..... D r)~>"'" d :' ..)" . ~ ",:": '; i r (.#7 ~~' -' / ~ L; '? .~_ ; ''''? t'_ r. ...,/--? ~~ ui: t.- :' f-- Notary Public ::. \.... -<0, .... / My commission expires: -:J::iWr1k.,./'!.1-:J. ,,_,_ ". . -/. '... I . ;~ t ~ ~. EXHIBIT "A" LEGAL DESCRIPTION OF THE LAND L en -... ~r-.) z c.n o r rr1 ('") o m o o. ~. ..., r -0' >0' C') (T1 CJ') c::>> ...&.:7:'11f,;".:~'::::~:7.~,~~f;;r'E:f~~~~;I~allnf~~~J~~~!i::g-~~ti'.E~~~~,";~i.;Zi~~i?':'ft'!-r:~,"~~!lJli!f,",___{. ~;i~,~1tJP::f!f,I.... ~~~,"''1!:_ ~ '-' L r EXHIBIT "A" BEL-MARK BUILDING CONDOMINIUM Part of Tract "A", beginning at the intersection of the Southerly line of Longwood-Oviedo Road and Easterly Line of Fairfax Avenue, run East on road 154 feet, S. 1036'18" W., 156.12 feet to Alley, W., 149.57 feet, N. on Avenue 160.37 feet to beginning. Resubdivision of Block 5 and Tract A, NORTH ORLANDO SECOND ADDITION, according to the plat thereof as recorded in Plat Book 13, Page 76, of the Public Records of Seminole County, Florida. ..... at Ut 0 rq ~ 0<::) 3: ;;It-. Z (;.A ..., c=i 0 ~ r rq e- n ::a .... 0 r:I c:> ~ ::>0 "U c:> r ~C04 CIl>> Q - rrI ~~~<,BII_}m;i""r~~.... -,-_....'" . , , -of ~ -"l~_" .fj;t{~1.~ ll....;~ft- EXHIBIT "B" PLOT PLAN, SURVEY, AND FLOOR PLAN 3 -'~~~i- - Ii.&........ '~ ( -., CD (f) 0 I'Tl ~ 0"", 3: ~..... Z CJ1 ..... 0 0 . i= I'Tl ,- n ='" ,.... Cl ."'> en ~ ::a . ~~ en (;') r-..,) I'Tl ~;a.,~.~1I!! " ...., r- o I'T\ ;cJ ~ ~ ~: - " C"') - ;;0 -i 0-<' ." - c:: ':<::: :5:C/) -~ 2---4 C) _ C/) ;:;; C') ---4 C> ,~. ~ ;:~. . t EI' I L-.- .. liar -.-~~l- IO,!P 1lj l'I!:; I?: rii}l: Ii (.1;)1 ,ti'll '{ 'Y' o tiji!IL. 1\1 t i iiI'I I f ' i' r flji I I t _I I ~ ~ I I ~ ." 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C/) ~ n CJ ::0 .",< , .. .~ M'- .. . .1 ~; i ee&t>r' ;; Ii ~U !fir:ll i!',"$'1 .It. . I . I'J'i{:;, : ';{I iiH,i! Ii Hdl .. ". il!i..!, iiiil1t I I ~: .. 1. :1(: I, -: . I) t . I : , ~: 1 l. . f!1 j.lj ". :" ..: (. -., OJ 0 ~ Oe> ;;>t ...., 0 CJ1 ...., n ;: ,- ;.0 ,..., ."") = :;;u "4 -o~ C') ~ (;") en I'Tl i it. . Ul ~ ~~ J ~. '>\_~ 8H 0". Ir' l'18 '"" ......H ",' V1 ~\ i{1 fl--i V1 f.....' ~;' .r. i l!: ~ 5:.! · " .,: ~ r ~ i 0 0 ::c , -. ~~ " , ". 8H "tl l'18 , r . " > ......H Z 0'\ H ~ .~ V1 In' nG~ 9ll; I'nl Ii 1"011 '1 I . "Io' I'. ,',1' Nt. ij " . ,II frl j:dl if !li JI Ill. .I.h ,1" ill' I Iii . ,': I' ' : I ... .; I' I' .' I ,. I. M.... I ;0 i " o ~ r-. ! J~! 'i; ~~l'! no. D, "" . . . " ~ Q o Z ~ " o c z o > -i B z "tl r > Z '" .. ,. 0. .-. ( f ...., , ' , '-..J " . . I. ...... .~. ~ =c; (j ~ " t.'~ .ll ~ I .,.. "" I. i r _9 _'1. L: ""'.. _.....r II II II OIj I I II , I' .. I '"I I I I! I I, I; I ;; i II .:'J . . ~ ., \ tJl l'1 t" I ~ ~ :-; tJl C H t" C H Z Cl n o z 8 ~ H Z H C 3: ~~~'f:::;lti?i::Z,!~:;~~~1tJm~'~'~~;'41:.~WaX'1R1t~~~'_~~~ _>\~~:i::~-""'~IJI!f~ 41 I "- l EXHIBIT "c" ARTICLES OF INCORPORATION BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC. -., m CIl 0 m ......., oe ::c ;:Jl:- :z: c.n c- o ;- r- m r :> (""') r 0 c- c- ...." ::> -UC r- >" en G") -., m 8 ~DIIlII\,'Ii.mmm;1W""'__ ' .... "".". JIf,~lIElit--. !::-fil..~..~:.i.;.,i~h{ 1D':'.f~~~''if ....~~"Ii..:",,;,. Ilnl 1_.-- J; ~:? L a~~~~~~~~~~~~~~~<< ~ f~ ~ i te CJ_,JJ I, i ~ ~ta ~;7=" .. . '. 0"11:1 ~ ~ ,"'~ ,- ~~ .r~, "a ~ ~ "-' ". .-..' ~ , !~ ~ r;;~i= ~u f) ilrpurtmrnt of ~tutr 81U f) ~ ~ .~g JLJ ..." lJ;lO ~ r~~ ~ ~ ~ </0" ~ I certify that th e attached is a tru e and correct co py 0 f the ~ ~ ~ ~ Articles oflncorpol'ation ofB~~L"MARK BUILDING ~ ~ CONDOMINIUM ASSOCIATION, INC., a corporation ~oi ~ ~ !lD) organized under the Laws of the Stale of Florida, filed on fil.~ ~ November 18, 1985, as shown by the records of this office. ~ ~ ~ ~ ifO~ ~e The document number of this corporation is N12131. ~~ iffj" ;ro~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ !lYtl "-Uk! ~ i1~ ~U' ~ ~C ~~ , l'lo ;;10'" !lYtl ~ ~ ~ 5~ olPiurn unbrr mp banb anb tbr ~ !\.O! olPrtal ~ral otlbr ~lalr ot jfloriba,~ ~U~ ~ at 'OtaUabassee, tbe cteapital, tbis tbe ~ ~ ~ ~, ~ bap ot . "'-Uk! ~ 20th?/ '. November, 1985. ~. ~ /,) ~ ~ te. ~ ~ ~ ( ~. ---- ~ ~ _-> ' .< ~ tt>J-4"-" ~ ~ ~ Goo w< ,t>' olPtorgt jfirt510nr ~ ~ CER-101 ~t(rtlarp 01 ~lntt ~ ~~~~~~~~~~~~~~~~ " l. ~D~_~- 'ltIl'a.- ."-.....~>_ 1. ~~ \ <( ~ (. ARTICLES OF INCORPORATION FILeD OF I"",.J 1'(;1/ 18 "t () t. ~ ,I. ~ ,,_ W j I'" J BEL-MARK BUILDING CONDOMNIUM ASSOCIATION, ~+~~f'L'.:U C Sl} 1!: ~ : I L" , ': :" r: I" (, , ' li. 1-,.I.-\...j"J_L., ~VI.I_':', The undersigned desiring to form a corporation not for profit under Chapter. 617, Florida Statutes adopt these Articles of Incorporation and certifies as follows: ARTICLE I - DEFINITIONS (/) -... ~ ~ ~ ~ ZU1 C) r /TI n C) "'T1 r -0 l;>o' CJ) C'> CO /TI As used in these Articles of Incorporation for BEL- MARK BUILDING CONDOMINIUM ASSOCIATION, INC. the following definitions apply: Section 1. "Additional Property" means and refers to all that real property, if any, described in an Exhibit which is attached and incorporated by reference, as if fully set forth herein. Section 2. "Assessment" means and refers to a share of the funds required for the payment of common expenses incurred in the operation of the Condominium Association OWned Property, the Common Elements, and any other expenses incurred, as defined herein, and such Assessment shall be borne by the Unit Owner. Section 3. "Association" means and refers to the BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC. a Florida not- for-profit corporation, and its successor(s). Section 4. "Association Owned Property" means and refers to the real property and improvements located thereon, including surface water management system(s), if any, that may be conveyed by the Developer to the Association for the non-exclusive use and enjoyment by the Owners of all Condominium regimes operated by and subject to the jurisdiction of the Association, all as defined by the Declarations of Condominium for BEL-MARK BUILDING CONDOMINUM. i Section 5. "Common Elements" means, refers to, and includes: (a) the Condominium Property not included in the Units; (b) tangible personal property required for the maintenance and operation of the Common Elements; (c) any areas referred to as Common Elements (or Areas) and Limited Common Elements (or Areas) in the Declarations of Condominium for the BEL-MARK BUILDING CONDOMINIUM and (d) all those items excluding the Association Owned Property or the personalty or monies related to or acquired in connection with the use, operation, or improvement of Association Owned Property. 10 -- J_......, ~ .. (.. (. J', Section 6. "Condominium" or "Condominium Property" means and refers to the whole of the BEL-MARK BUILDING CONDOMINIUM, the Land, and, where the context so permits, including the Project, and all improvements thereon, and all easements and right-of-way appurtenant thereto intended for use in connection therewith, but excluding Association Owned Property. Section 7. "Condominium Act" means and refers to Chapter 718, Florida Statutes (1983). Section 9. "Developer" means and refers to BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC. and its express successors to or assigns of the rights thereof under the Declarations of Condominium for the BEL-MARK BUILDING CONDOMINIUM and any amendments thereto; provided, however, an Owner shall not solely by the purchase of a Unit be deemed a successor to or assignee of the rights of the Developer under the aforementioned Declarations of Condominium, unless such Owner is specifically so designated as such successor to or assignee of such rights in the respective instrument of conveyance executed by the Developer. ..., r- CD C) C)~ ~...., ...., M >= r- ;:a ,..., ..., <=> .., --0= ~~ a m Section 8. "Director" means and refers to a Member Entitled to Vote who serves on the governing board of the Association. en ..... ~......., 5:CJ1 C) r m n C) ~ Q Section 10. "Entitled to Vote" means and refers to the Members of the Association who shall have the right and power to vote at meetings of the Association. When more than one Person holds a fee simple interest in any Unit(s), all such Persons shall be Association Members, but the vote for such Unit(s) shall be exercised only by that one Person designated in a writing by all such Unit Owners, as they among themselves determine, and sent to the Association secretary. Any Member Entitled to Vote shall have his right to vote suspended during the period of time that said Member, or the Persons that he represents, are not current in paying all Assessments due to the Association. Section 11. "Land" or "The Land" means and refers to the real property described in Exhibit "A" BEL-MARK BUILDING CONDOMINIUM attached and incorporated by reference, as if specifically set forth herein. Section 12. "Member" means and refers to all of the OWners of Units in each Condominium brought within the jurisdiction of the Association, and after termination of any included condominium shall consist of those Unit OWners in the terminated Condominium who are Members at the time of such termination, and their successors and assigns. Section 13. "Owner" means and refers to the Person(s) whose is the fee simple record title holder to one or more f'_imt:~~fJ,f!'-:1i:~~~~~~}"~i1f~~-~~~t'$lI?~r~;t!~(~1"".:~"'-~~~~~m'~.:<-_-:}II;.~>"~,~~4<)~_~vWT-~~r-'-:'eSIffi~~~";JU"~ .' . ~ l Units in the Condominium. Section 14. "Person" means and refers to any human individual or legal business entity. Section 15. "Project" means and refers to all that real property described as the BEL-MARK BUILDING CONDOMINIUM and the Additional Property. section 16. "Unit" means and refers to a portion of the Condominium Property which is subject to exclusive ownership and is graphically depicted in Exhibit "B", to the Declarations of Conoominum for BEL-MARK BUILDING CONDOMINIUM~ 3: 2: o r- m n o ARTICLE II - NAME ..... ~ c.J:1 OJ C ~~ "'Y <=: 5> r- :ox ...... C"':l = ;:0 "U c::: >c., a PI The name of the corporation is BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC. ~- o. ....... ARTICLE III - PURPOSE - Section 1. General Purpose. The purpose for which the Association is organized is to provide an entity pursuant to the provisions of the Condominium Act, Chapter 718, Florida Statutes (1983), for the operation of BEL-MARK BUILDING CONDOMINIUM, to be located upon The Land and for the operation of any or all other Condominiums which may hereafter be developed upon the Additional Property which may be submitted by Declaration of Condominium to the jurisdiction of the Association, and for the operation, maintenance, improvement and ownership of any Association Owned Property. Section 2. Nondistribution of Income. The Associatin shall make no distribution of income to its Members, directors or officers. ARTICLE IV - POWERS AND DUTIES section 1. General Powers. The Association shall have all the common law and statutory powers of a corporation not for profit which are not in conflict with the terms of these Articles of Incorporation, and including those powers as set forth in Sections 617.021 and 718.111, Florida Statutes (1983), as same shall be amended from time to time. Section 2. Specific Powers and Duties. The Association shall have the following powers: 1) all of the powers and" duties set forth in the Condominium Act; 2) all of the powers and duties reasonably necessary to operate each Condominium submitted to its jurisdiction, as hereinafter provided and as further provided in the Association By-Laws; and 3) the power to operate, maintain and improve the Association OWned Property pursuant to the terms of any Declaration of Condominium affecting any of the real property , ~} 12 ~~~i~~~~~~.~}t...../.;;.:..'-~~12~n:~fkn;:;'.m;ii}~",~~Si;;;>,;t:!,:~.~~t~~~~~~~""",:f.iRiift~J.:;Z;;~Z;J:;:'f'_~ti:~;r,:~fl:~~~~w.~':t~aM~mlifiiPiTX'"~ ~; <I l. ~ within the Project which specifically submits The Land and Additional Property, and Condominium Units thereon to the jurisdiction of the Association, which powers and duties include but are not limited to the following: (a) Assess. To make and collect Assessments against Members as Unit Owners to defray the costs, expenses and losses of each Condominium and Association Owned Property; (b) Disburse. To use the proceeds of Assessments in the exercise of i~s powers and duties; . (c) Maintain. To maintain, repair, replace and operate each Condominium, the Common Elements contained therein and the Association Owned Property within its jurisdiction or conveyed to it pursuant to the terms of each Declaration of Condominium, and to operate and maintain the surface water management system as permitted by all applicable governmental agencies including all lakes, retention areas, culverts and related appurtenances, if any; en -.. CD 0 m I'..) 0"", 3: ~-, Z U1 .., 0 n ,- i; m r- n ;>g Cl ,.., c, <=> ..... "" , "tJ= -.. ~cn C} I'..) m (d) Insure. To purchase insurance upon the Condominium and Association Owned Property and insurance for the protection of the Association and its Members as Unit OWners, as well as liability insurance for the protection of Directors and officers of the Association; (e) Reconstruct. To reconstruct improvements after casualty and further improve the Condominium property and Association Owned Property, pursuant to the terms of the relevant Declaration of Condominium; (f) Regulate. To make and amend reasonable rules and regulations respecting the use of the property in each Condominium, including the Common Elements and the Association OWned Property; (g) Approve. To approve or disapprove the repair or replacement of any improvements or landscaping to be constructed upon the Condominium Property, or Association OWned Property, as provided in any applicable Declaration of Condominium; (h) Enforce. To enforce by legal means the relevant provisions of the Condominium Act, any applicable Declaration of Condominium, these Articles of Incorporation,. the By-Laws of the Association, and the rules and regulations for the use of the Condominium Property in each Condominium or the Association OWned Property, including the enforcement by legal means of the collection of Assessments; (i) Management Contract. To contract for the operation, management and maintenance of each Condominium, the Common Elements, and the Association Owned Property and 1-3 '~i''jj~~;,~~~~~~1I J~:.,,*,, U .Q,~~~.~_ ~~~~I -.rT:L ---- -- . ~) . L L to authorize a management agent to assist the Association in carrying out its powers and duties by performing such functions as the collection of Assessments, preparation of records, enforcement of rules, and maintenance of the Common Elements. The Association shall, however, retain at all times the powers and duties granted them by the relevant provisions of the Condominium Act including, but not limited to, the making of Assessments, promulgation of rules, and execution of contracts on behalf of the Association. Any management agreement shall be terminable by the Association without cause upon thirty (30) days written notice without payment of a termina~ion fee, and the term of any such agreement shall not"exceed one (1) year, renewable by ~ ~ agreement of the parties of successive one (1) year periods. ~ ~ When professional management has been previously utilized by z c..n Cl the Association, any decision to establish self management ~ will require the consent of sixty-seven percent (67%) of the 0 Units and fifty-one (51%) of Unit mortgagees; Cl ~- (j) Enjoyment. To employ personnel for reasonable. compensation to perform the services required for proper administration of the purposes of the Association. CD Cl Cl.", ~..., .., c:; i; r- ;:10 ,.., .-, <=> :>0 -0= >"" ~ m ~ W (k) Payment of Liens. To pay taxes and Assessments which are liens against Association Owned Property or any part of any Condominium other than individual Units and the appurtenances thereto, and to assess the same against the Units; (1) Utilities. To pay the cost of all power, water, sewer and other utility services rendered to each Condominium, or to Association OWned Property, and not billed to Unit OWners of individual Units; (m) Purchase Units. To purchase Units in an Condominium subJect to its jurisdiction and to hold, lease, mortgage and convey same and to have the power to own and convey property; (n) Accept Jurisdiction, Power and Duties. to accept jurisdiction over, and the powers and duties imposed with respect to, BEL-MARK BUILDING CONDOMINIUM, and any Additional Property which may hereafter be subjected to the jurisdiction of the Association by any Declaration of Condominium now or hereafter recorded by the Developer of the Project expressly submitting any part or all of the real property within the project to the jurisdiction of the Association. The Association will also accept title to any Association Owned Property hereafter conveyed to it by Developer, and will accept as Members all Unit Owners of all Condominium Units hereafter subject to the jurisdiction of the Association; (0) Bank. To maintain bank accounts on behalf of the Association; 14 k~':mm:.?pIIl>~_(__4,~l1- _:1.it Jt. JI ;~}~<~J_~"'?i\\l1."~___CIOIlI~.~~:'-.mI[fi_ '~.4 .....d ..amr:';~~ " ~ .....) J (p) Fines. To levy fines against Unit OWners and/or tenants for violations of the Rules and Regulations established by the Association to govern the Units in each Condominium operated by it; (q) Sue and Be Sued. To sue and be sued and appear and defend in all actions and proceedings in its corporate name to the same extent as a natural person; and (r) Committees. To appoint such committees Board of Directors te make non-binding recommendations Board of Directors.' The Board may, in its discretion, consider in making such appointments the specific areas of expertise of its membership which may be beneficial to such committees. VI I'Tl of the~ :z: to the~ I'Tl ("') o -.. '" (J1 m o 0.", :::-:...., ...., n ::- r- ;a ..... 'C-' = ::>0 \J~ >cn C") ,.., ..., :- -.. ~ ARTICLE V - MEMBERS section 1. Membership. All Association membership or Board of Director meetings are open to Members. At a general membership meeting, general or special, quorum and voting requirements set forth in these Articles of Incorporation or the Association By-Laws will only be satisfied by considering and counting the physical presence or proxy votes of those Members Entitled To Vote. Section 2. Change of Membership. Change of membership in the Association is established by recording in the Public Records of Orange County, Florida, a deed or other instrument establishing a record title to a Unit in any included Condominium. The Owner designated by such instrument shall become a Member of the Association, and the membership in the association of a prior Unit Owner is terminated to the extent of the number of Units in the Condominium conveyed by the previous OWner. The new Owner is not Entitled To Vote in the Association until said new Owner notifies the Association of such transfer of Unit(s) and furnishes the Association with a copy of the recorded deed, the new Owner's address, and OWner's local agent, i.f any. The foregoing notice requirement shall in no way bar the Association from levying Assessments against the new OWner's Unit(s). Section 3. Notice. Any notice requirements set out in these Articles of Incorporation and in the By-Laws shall be deemed to be complied with if notice to a Unit OWner is directed to the address of said Unit OWner as reflected in the Association books and records. Section 4. Transfer of Member's Share of Assets. The share of a Member in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to his Unit. '5 .m~~'~__L_ "....,....'---~,~,~ ._U_L -~1lP -'I::>-_Jl:-/t" ~1Il -- ~ \-- ~ Section 5. Membership of Unit OWners in Project. The Association and each Member thereof must accept as Members, the Owners of all Units in all Condominiums in the Project where the Declaration of Condominium creating the Condominium to be added to the jurisdiction of the Association provides that the Owners of Units in the Condomicium are intended to be Members of the Association, and that the Association is intended to have jurisdiction within the Condominium. Section 1. Number of Directors. The affairs of the Associatin shall be managed by a Board of Directors consisting of no less than three (3) Directors, and, at such time as the Unit Owners elect a majority of the membership of the Board of Directors, expanding to such number of Directors as shall be equal to the number of distinct Condominium regimes administered by the Association, so that at all times thereafter, the Board of Directors shall have the same number of directors as there are Condominium regimes subject to the jurisdiction of the Association. Each Director shall be a Member or his representative Entitled To Vote in the Association, except for Developer-selected Directors, as provided herein and by the By-Laws. section 2. Election of Directors. Directors shall be elected at the annual meeting of the Association Members in the manner specified in the By-Laws. Directors may be removed, and vacancies on the Board of Directors shall be filled in the manner provided by the By-Laws. ""Tl r CD (:) (:)~ ;:l't-., -. n ).: r- ;:0 ..... . c-, = :;JQ -0= >cn (;') n1 . en ......, ~~ x U1 (:) r ,." n o ARTICLE VI - DIRECTORS ......, en Section 3. Initial Board of Directors. The initial Board of Directors of the Association shall consist of three (3) individuals who need not be Members Entitled To Vote in the Association and will be selected by the Developer. The initial Board of Directors named in these Articles of Incorporation shall serve until Unit Owners are entitled to elect Unit OWners to replace an initial Director, as contained in the schedule set out in this Article VI, Sections 4 and 5. Any vacancies in the Developer-selected Director positions shall be filled by the Developer selecting a replacement. All other vacancies between annual meetings of Members shall be filled by a vote of the remaining Directors. Except for Developer-selected Directors, no two (2) Directors may be Owners of Units in the same Condominium regime administered by the Association, unless and until all' such regimes are represented on the Board. Section 4. Transition From Developer Control. When the Developer has conveyed fifteen percent (15%) or more of the Units that will be operated ultimately by the Association, or at such earlier time as the Developer in its discretion may determine, the Unit OWners other than the Developer shall be entitled to elect no less than one-third (1/3) of the 16 ~ - ---.I~~- __ _tor ~- _I .. <(' \.., \r individuals on the Board of Directors, and the Board of Directors shall call a special members meeting for the election. Unit OWners other than the Developer shall be entitled to elect not less than a majority of the individuals on the Board of Directors: . -., m (f) 0 m ~ 0 :;c ~' Z (Jl that 0 . m n 0 (a) Three (3) years after the Developer has conveyed to purchaser fifty percent (50%) of the Units will be operated ultimately by the Association; or (b) Three (3) months after the Developer has ~ conveyed to purchasers ninety percent (90%) of the Units that. will be operated ultimately by the Association; or -0 ~ -., C') en ITI (c) When all of the Units that will be operated ultimately by the Association have been completed, some of them have been conveyed to purchasers, and none of the remaining Units are being offered for sale by the Developer in the ordinary course of business; or (d) When some of the Units have been conveyed to purchasers and none of the others are being constructed or offered for sale by the Developer in the ordinary course of business, whichever shall first occur, or at such earlier time as the Developer in its discretion may determine. Section 5. Developer's Right to Retain Board Membership. The Developer is entitled to elect at least one (1) individual to serve on the Board of Directors of the Association as long as the Developer holds for sale in the ordinary course of business at least five percent (5%) of the Units to be operated ultimately by the Association. Section 6. Names of Initial Board Members. The names and addresses of the individuals serving on the first Board of Directors, who shall hold office until their successors are elected and have qualified, are as follows: NAME ADDRESS Jozef Van de putte Post Office Box 271681 Tampa, Florida 33624 Danny Van de Putte Post Office Box 271681 Tampa, Florida 33624 Walter J. Belleville 550 Crown Oak Centre Drive Longwood, Florida 32750 ARTICLE VIII - OFFICERS The affairs of the Association will be administered by the officers designated in the By-Laws. The officers shall be elected by the Board of Directors at its first meeting 17 r~a':~./l;\;:::':"fIf~lft:~~~~:g..,';:~R1:;;i-.::)!l2it&&.fu"s11~~~'~~'iL'" ~'~'~~"'~,~~;m:~~._ .. << ....J v following the annual meeting of the Members of the Association, and they shall serve at the pleasure of the Board of Directors. The names and addresses of the officers who shall serve until their successors are designated by the Board of Directors are as follows: Office Name Address co C) Oe :;JIt_ President Jozef Van de Putte Post Office Box 271681 Tampa, Florida 33624 (I' -..., ~r-..,) z CJ1 o , ,." n o ""T1 r - .- i; ,-. Secretary Walter ~. Belleville 550 Crown Oak Centre Drive Longwood, Florida 32750 ;>. ,.. e- re ;> -cc >c, C") ,." Treasurer Danny Van de Putte Post Office Box 271681 Tampa, Florida 33624 -..., ....., ARTICLE IX - OFFICE AND REGISTERED AGENT Section 1. Initial Office of Corporation. The street address of the initial principal place of business and office of the corporation is BEL-MARK BUILDING CONDOMINIUM, and the mailing address of said principal place of business is Longwood-Oviedo Road, S.R. 434, Winter Springs, Florida. Section 2. Initial Registered Agent. The name of the corporation's initial register agent and address of its registered office is: W. J. Belleville Belleville & Aspinwall, P.A. 550 Crown Oak Centre Drive Longwood, Florida 32750 ARTICLE X - INDEMNIFICATION Section 1. Indemnification In Proceedings Other Than An Action By; Or In the Right, The Association. Every Director and every officer of the Association shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed upon him in connection with any proceeding whether civil, criminal, administrative or investigative, or any settlement of any proceeding, or any appeal from such proceeding to which he may be a party or in which he may become involved, other than an action by, or in the right of, the corporation, by reason of his being or having been a Director or officer of the Association, or having served at the Association's request as a Director or officer of any other corporation whether or not he is a Director or officer at the time such expenses are incurred, regardless of or by whom the proceeding was brought, if he acted in good faith and in a manner which he reasonably believed to be in, or not opposed 18 r~~~;;r~~j0Ei'?:~f.frt~,;Ai'!t~~~,,';"'.'_,'~:,-l~-';~~:~i~~:\:",;.it;:M;:.~~"I!'f;'~-:r;l".:r"~i;W~l~:G~z('"',.;rr~_~~'~~8'iNo.'t~~;;;~~"!.b~~"'~"~_~" J:~_,_,.f;.;~"';.."~~.;';:-;<('.'j<I!r-~___ _ -, .. ~ ~ to, the best interests of the corporation and, with respect' to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. In the event of a settlement, the indemnification shall apply only when the Board of Directors of the Association approves such settlement and reimbursement as being in the best interest of the Association. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such D~rector or officer may be entitled. The ~ termination of any action, suit, or proceeding by judgment, ~ order, settlement, or conviction or upon a plea of nolo 6 contendere or its eqaivalent shall no~, of itself, create a ~ presumption that th~ Director did not act in good faith and p in a manner which he reasonably believed to be in, or not ~ r- opposed to, the best interests of the corporation or, with cause to believe that his conduct was unlawful. No indemnification may be made pursuant to this Article X, Section 1 in relation to matters as to which any Director or officer is adjudged to be liable for gross negligence or willful misconduct. -., "'-> CJ1 OJ o ~~ .. ~ 1. r- ;:.c ,.... c-; .., :>0 " c.:> p,<r> Q /'TI -., 00 Section 2. Indemnification In Proceedings By Or In the Right of The Association. The Association shall indemnify every Director and every officer who was or is a party, or is threatened to be made a party, to any threatened, pending, or completed action or suit by or in the right of the Association to procure a judgment in its favor by reason of the fact that he is or was a Director, officer, employee, or agent of the Association or is or was serving at the request of the Association as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses, including attorneys' fees, actually and reasonably incurred by him in connection with the defense or settlement of such action or suit, including any appeal thereof, if he acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interest of the Association, except that no indemnification shall be made in respect to any claim, issue, or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his duty to the Association unless, and only to the extent that, the court in which such action or suit is brought shall determine upon application that, despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper. Section 3. Prepayment of Costs and Attorneys' Fees. Expenses incurred in defending a suit or proceeding whether civil, criminal, administrative or investigative may be paid by the Association in advance of the final disposition of such action, suit or proceeding, if authorized by all of the non-interested Directors and upon receipt of an undertaking ~y or on behalf of the Director or officer to repay such amount, if it shall ultimately be determined that he is not 19 r:'f:~~~~~~::;~~~_me~~,,",cT,)~~ -._""_........_ -~ ~e~ ...,- - ~ '" J .J to be indemnified by the Association, as authorized by these Articles of Incorporation. i' Section 4. Indemnity Insurance. The Association shall have the power to purchase, at its expense, and maintain insurance on behalf of any individual who is or was a Director or officer of the Association, or is or was serving at the request of the Association as a Director or officer of another organization at the request or direction of the Association, against any liability asserted against him and incurred by him in any such capacity, or arising out of his ~ status as such, whether or not the Association would have th~ power to indemnify him against such liability under the ~ provisions of these Articles of Incorportion. ~ o -... I'.) U1 CD o 0= :;;>(~ -. c=; ~ r- ::0 ,.,., r> <=> ::0 -0= >c-') C> m .." r -... CQ ARTICLE XI - BY-LAWS Section 1. Procedure for Amendments. Amendments to the Articles of Incorporation shall be proposed and adopted by a resolution proposing the adoption of a proposed amendment. Amendments may be proposed either by the Board of Directors or by one-tenth (1/10) of the Members of the Association who are Entitled To Vote. Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is considered. Directors and Members not present physically or by proxy at the meeting to consider the amendment may express their approval in writing, provided such approval is delivered to the Secretary of the Association prior to such meeting. A resolution adopting a proposed amendment must bear the approval of not less than a majority of the Board of Directors and not less than a majority by interest of the Members of the Association Entitled to Vote. Section 2. Amendment by Agreement. An amendment may also be made by an agreement signed and acknowledged by not less than a majority of the Board of Directors and not less than a majority of the Owners of Units subject to the jurisdiction of the Association in the manner required for the execution of a deed. Section 3. Amendment by Board of Directors. Anything herein to the contrary notwithstanding, until such time as . the Unit OWners other than the Developer elect a majority of the Board of Directors pursuant to these Articles and the By- Laws of the Association, a majority of the Board of Directors may amend these Articles of Incorporation without the necessity of a meeting of the Unit Owners or joinder by the Unit OWners in such amendment. 20 ~~: '"~lil~~JJm!_~ ~,....- 1.1'IMil:1lIIliUlI ~ >...,j '..J Section 4. Prohibited Amendments. No amendment shall wake any changes in the qualifications for membership or the voting rights of Members, without approval in writing by all Members and the joinder of all Owners of mortgages upon each Condominium, except by act of the Developer should it submit additional Condominium regimes to the jurisdiction of the Association, as provided in the Declaration of Condominium for the BEL-MARK BUILDING CONDOMINIUM. No Amendment shall be made that is conflict with the Condominium Act or with any affected Declaration of Condominium. -, I'..) c..n en o 0= ~.... ...., B l- r- = ,..., .-. = = ~~ C') 1T1 Section 5. Recerdation of Amendments. A copy of amendment shall be ~ertified by the Secretary of State, of Florida and recorded in the Public Records of Seminole County, Florida. U) rn ~ each :;; State~ 1T1 (""l C) ...., r- co C) ARTICLE XIII - TERM The term of the Association shall be perpetual. If the Association is dissolved, and not subsequently reinstated within a period of two (2) years after dissolution, the Association Owned Property consisting of the surface water management system may be conveyed by the Association's Board of Trustees to an appropriate agency of local government. If it is not accepted, then the surface water management system must be dedicated to a similar non-profit corporation. Pursuant to Section 617.011(1), Florida Statutes (1983), this corporation shall be a non-stock, membership corporation. ARTICLE XIV - SUBSCRIBERS The name and address of the subscriber to these Articles of Incorporation is: NAME ADDRESS Jozef Van de Putte Post Office Box 271681 Tampa, Florida 33624 ARTICLE XV - ADMINISTRATIVE PROVISIONS Section 1. Florida Law Applicable. These Articles of Incorporation will be construed in accordance with the laws of the State of Florida. Section 2. Nonapplicability of Headings. The headings used for each Article and Section in these Articles of 21 !ti;;;;1;lIf;:~B1J ,-'.I_'-_IIiil!Plii/ml.ll't _:m'ft_t_lIIIIt.lllllJ_1 ~J. ,. -- ...J- .. ~ ~ Incorporation are used for administrative purposes only and do not constitute substantive matter to be considered in construing the terms of these Articles of Incorporation. Section 3. Gender. Wherever the context shall so require, all words in either the masculine, feminine or neuter gender will be deemed to include all genders. All singular words include the plural, and all plural words shall include the singular. Ul Section 4. Severability. In case anyone or more of ~ the provisions contained in these Articles of Incorporation 5 shall, for any reasdn, be held to be invalid, illegal, or ~ unenforceble by any court or in any administrative n proceeding, the invalidity of such provision shall not affect? the validity of the remaining provisions hereof, and.these ? Articles of Incorporation shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. -..., ,....., c:.n CD o ~~ ..., ~ ~ ,-- ;xl r., C";) <::> = ~~ C") ro co IN WITNESS WHEREOF, the affixed his signature on the 1985. subject subscriber has hereunto (&- day of No v v,tl6t'L-- , =P~~ Josef Van de Putte STATE OF FLORIDA ) ) ss ) COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Josef Van de Putte, to me known to be the person described in and who executed the foregoing instrument for the purposes therein expressed, and he swore and subscribed to the foregoing. WITNESS my hand and offjcial seal in the County and State last aforesaid this 1..!!::- day of N()v~lIt~~ , 1985. d.-t.J1 f. VJLl'~ki Notary Public State of Florida At Large My Commission Expires: ~~! " ,? r1 J 22 -. -'-----....--_.~- "'-'., '."1-,- ., ~ " I, W.J. BELLEVILLE, hereby accept appointment as the initial registered agent of this corporation. fIJ~1flc {)fie BELLEVILLE . 23 --\ (,ry ::~\-.\ '..-C\ \;: ~.:r~-~ . -/. :~/~:',~~:~ \\\ '-, r("" .. -. . -)t') \ - ..-. \.-' -. -' . ..' , (/l -... ~r-.,) z c..n C) r- fTI n C) ." r- CD C) Ceo :;>0::..., -... n ): ,-- ~ ro, c-, = :;;a~ -0= >'" c;-, fTI co r-.,) - . ..... \ v ~-) 't\ \"-. ~ -- \' e,-;'1 r\\ .,_ 0 . - c) ... i... .- ,.) -"'_~~~lr~~!!iri,,~~y,"l""'l5Ilmi'~_:J~ J{~r~:~~~~'~~~''m;~.~~::UW_~.!;D;:".^, 'W~':'l'~ ,. v \.I EXHIBIT "A" BEL-MARK BUILDING CONDOMINIUM Part of Tract "A", beginning at the intersection of the Southerly line of .Longwood-Oviedo Road and Easterly Line of Fairfax Avenue, run East on road 154 feet, S. 1036118" W., 156.12 feet to Alley, W., 149.57 feet, N. on Avenue 160.37 feet to beginning. Resubdivision of Block 5 and Tract A, NORTH ORLANDO SECOND ADDITION, according to the plat thereof as recorded in Plat Book 13, Page 76, of the Public Records of Seminole County, Florida. .. . . ?4 -.a CD Ul 0 rr1 f',,) o~ 3: ~..., c.n ..., :z: ~ 0 ,- :Do rr1 r- ;:0 ("") ,.... 0 c-> c:> ="" "T'I -u= r- ~.., CD C> CoI) rr1 !~~:ar~,~7rfi:r~~'~~;-ii2!:_111it;~~~~:;U1':'.:~!f'~J~~~~~:"i~:i~~*'K4,.:l,;&'j.~~~~~~f~\~~17..~.~~.i;,~~.,,';,~~7'.,..~~,_~_'!_~i'i~"'~'_ <T ~ '-' EXHIBIT "0" BY-LAWS OF BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC. - (f) ......... m 0 m N 0 3: ::'C~ 2: ..., Con ..., 0 c=; r i,.; m r- n ~ 0 .... ~ = ...., ~ r "1:J = CO ;boo;" C') ~ I't1 25 ~~~..._-_. -~"'~"ri~~4';;;C'7',~ _~~.,_ _.A,~~~.-.__",.,_ ~ ~ ~ BY-LAWS OF BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC. A FLORIDA NOT-FOR-PROFIT CORPORATION These By-Laws constitute the code of rules adopted by the MARK BUILDING CONDOMINIUM ASSOCAITION, INC. for the regulation management of its affairs. (/) rTI 3: BE~ an<t; ("'") o ...... I'.) c.n CD o 0.". :;l't-. -. n ;:; r- :x> ,.., c-> r.:> ;xl ~~ C) rTI ARTICLE I - DEFINITIONS ...., I As used in these By-Laws for Bel-Mark Building Condominium Association, Inc. the following definitions apply: co U1 Section 1. "Additional Property" means and refers to all that real property described in "Exhibit "B" - Bel-Mark Building Condominium" which is attached and incorporated by reference, as if fully set forth herein. Section 2. "Assessment" means and refers to a share of the funds required for the payment of common expenses incurred in the operation of the Condominium, the Common Elements, and any other expenses incurred, as defined herein, and such Assessment shall be borne by the Unit OWner. Section 3. "Association" means and refers to the Bel-Mark Building Condominium Association, Inc., a Florida not-for-profit corporation, and its successor(s). Section 4. "Common Elements" means, refers to, and includes: (a) the Condominium Property not included in the Units; (b) tangible personal property required for the maintenance and operation of the Common Elements; (c) any areas referred to as Common Elements (or Areas) and Limited Common Elements (or Areas) in the Declarations of Condominium for the BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC.; and (d) all those items excluding the Association Owned Property or the personalty or monies related to or acquired in connection with the use, operation, or improvement of Association Owned Property. Section 5. "Condominium" or "Condominium Property" means ar1d refers to the whole of the BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC.,including The Land, and, where the context so permits, including the Project, and all improvements thereon, and all easements and right-of-way appurtenant thereto intended for use in connection therewith, but excluding Association OWned Property. Section 6. "Condominium Act" means and refers to Chapter 718, Florida Statutes (1983). ...r F";;'~"1IIi-4,-"I1II!!..... , ..~~..... ~>>",~.Rlft~ _II" ~__,~~~ . -:...4 _......Ei!!~...ffE~Ur-. # f. " Section 7. "Director" means and refers to a Member Entitled to Vote who serves on the governing board of the Association. Section 8. "Developer" means and refers to BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC., and its express successors to or assigns of the rights thereof under the Declarations of condominium:: for the BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC. and any ~ ~ amendments thereto; provided, however, an Owner shall not solely ~ ~ the purchase of a Unit be deemed a successor to or assignee of th~ rights of the Developer under the aforementioned Declarations of ~ Condominium, unless such Owner is specifically so designated as s~h-- successor to or assignee of such rights in the respective instrum~t-- of conveyance executed by the Developer. . CD en Section 9. "Entitled to Vote" means and refers to the Members of the Association who shall have the right and power to vote at meetings of the Association. When more than one Person holds a fee simple interest in any Unit(s), all such Persons shall be Association Members, but the vote for such Unit(s) shall be exercised only by that one Person designated in a writing by all such Unit OWners, as they among themselves determine, and sent to the Association secretary. Any Member Entitled to Vote shall have his right to vote suspended during the period of time that said Member, or the Persons that he represents, are not current in paying all Assessments due to the Association. m o De:> :;ot.... -, ~ ,. .-- = ..... c.., c:-> "', ~~ C"") ~ Section 10. "Land" or "The Land" means and refers to the real property described in Exhibit "A" - Bel-Mark Building Condominium attached and incorporated by reference, as if specifically set forth herein. Section 11. "Member" means and refers to all of the OWners of Units in each Condominium brought within the jurisdiction of the Association, and after termination of any included condominium shall consist of those Unit OWners in the terminated Condominium who are Members at the time of such termination, and their successors and assigns. Section 12. "Owner" means and refers to the Person(s) whose is the fee simple record title holder to one or more Units in the Condominium. Section 13. "Person" means and refers to any human individual or legal business entity. Section 14. "Project" means and refers to all that real property described as The Land and the Additional Property. Section 15. "Unit" means and refers to a portion of the Condominium Property which is subject to exclusive ownership and is graphically depicted in Exhibit "B", to the Declarations of Condominum for BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC. ARTICLE II - IDENTITY '27 illtlMl ~- ~_ r- ~JIIlll- w. ~-~- I .....lIi1. .".. -.._~.......- , #' 4.. ~ Section 1. Identity. These are the By-Laws of BEL-MARK ; BUILDING CONDOMINIUM ASSOCIATION, INC., a Florida Not-for-Profit Corporation, as provided for in Chapter 718, Florida Statutes, and organized pursuant to Chapter 617, Florida Statutes, for the purpose of: (1) operating BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, IN~ being situate in Seminole County, Florida, upon The Lands. ~ ~ ..., ~ principal place of business and o~i~ at Longwood-Oviedo Road, Suites 1~, Springs, Florida.INC. n o . ....., section 3. Fiscal Year. The fiscal year of the Assoc1at1o~ shall be the calendar year. ~ section 2. Office. The of the Association is located 165, 175, 185 and 195, Winter CD <:) 0= :;:It .., ..., c=; i= ,- ::0 ,.., c.., ~ :>U -a~ > C> n'I Section 4. Seal. The seal of the corporation shall bear the name of the corporation, the word, "Florida", the words, "CORPORATION NOT FOR PROFIT", and the words INCORPORATED 1985." ARTICLE III - MEMBERSHIP Section 1. Qualification. The Members of the Association shall consist of all the Owners of Units in BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC., and in any and all Condominium developments now or hereafter developed in the Project which are specifically brought within the jurisdiction of the Association by the terms of the relevant Declaration of Condominium and at the sole discretion of the Developer. Section 2. Voting Rights. The OWner of each Unit in the Condominium operated by the Association, including the Developer, is entitled to cast a vote as a Member of the Association for each Unit owned according to the schedule set forth in Exhibit "E" to the Declaration of Condominium for BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC. and the manner of exercising such voting right shall be 'determined by these By-Laws. The term "majority" is used in these By-Laws and other Condominium instruments in reference to voting by Unit OWner Association Members as being more than fifty percent (50%) by voting interest owned as set forth in Exhibit "E" to the Declaration of Condominium for the Condominim. The term "majority" is used in these By-Laws and other Condominium instruments in reference to voting at meetings of the Board of Directors as being more than fifty percent (50%) of the Directors by number. Section 3. Designation of Voting Representative. If a Unit is owned by one Person, his right to vote shall be established by the record title to his Unit. If a Unit is owned by more than one Person, the Member Entitled To Vote for the Unit shall be designated by a certificate signed by all of the record OWners of the Unit and filed with the Secretary of the Association. If a Unit is owned by a corporation, the Member Entitled To Vote for the Unit shall be designated by a certificate of appointment signed by the resident or Vice President and attested to by the Secretary or Assistant Secretary of the corporation and filed with the Secretary of the Association. Such certificate shall be valid until revoked, until 28 ,. )_. .~ - .-;&- "IDn ~ ".. ,. "" "-' superseded by a subsequent certificate, or until a change in the ownership of the unit concerned. A certificate designating the member Entitled To Vote may be revoked by an Owner thereof. Section 4. Approval or Disapproval of Matters. Whenever the decision of a Unit Owner is required upon any matter, whether or not the subject of an Association meeting, such decision shall be expressed by a majority of the Members Entitled To Vote, unless the__ joinder of all Owners is specifically required by law, the Declar~i~ of Condominium or by these By-Laws. ~ ,...., ZU1 Section 5. Restraint Upon Assignment of Shares in Assets. @he share of a Member in the funds and assets of the Association cann~t be assigned, hypothecated or transferred in any manner except as ah-- appurtenance to his Unit. ~ all <:) <:)~ :x...., ...... 5 ~ ,- ;:00 r" c--, = .;JO :~ C') IT1 ARTICLE IV - MEMBERSHIP MEETINGS CD co Section 1. Annual Members' Meetings. The annual Members' meeting shall be held at the office of the Association at 7:30 P.M., Eastern Standard time, on the first Monday in January of each year for the purpose of electing Directors and of transacting any other business authorized to be transacted by the Members; provided, however, if that day is a legal or generally recognized religious holiday, the meeting shall be held at the same hour on the next day. Notwithstanding the foregoing, the Board of Directors shall have the discretion to hold the annual meeting at any other time during the month of January which they may deem to be more convenient to the Members of the Association. Section 2. Special Members' Meetings. Except as otherwise provided in Section 718.112 (2)(e)(f), Florida Statutes (Supp. 1984), special Members' meetings will be held whenever called by a majority of the Board of Directors and must be called by such Directors upon receipt of a written request from a majority of the Members Entitled To Vote. Section 3. Notice of All Members' Meetings. Notice of all Members' meetings stating the time and place and the objects for which the meeting is called shall be given, unless waived in writing. Such notice shall be in writing and furnished to each Member at his address, as it appears on the books of the Association and shall be mailed not less than fourteen (14) days nor more than sixty (60) days prior to the date of the meeting, except that any meeting called to elect a Member(s) to the Board of Directors to replace a Developer appointed Director shall require not less than thirty (30) days notice nor more than sixty (60) days notice. Proof of such mailing shall be in the form of a post office certificate of mailing of such notice. Notice of a meeting may be waived before or after said meeting. Notice of any meetings shall be posted in a conspicuous place on the Condominium Property at least fourteen (14) days prior to the meeting. Section 4. Quorum. A quorum at Members meetings shall consist of a majority of the Members Entitled To Vote. The acts approved by a 29 r~';'~~d~;~~.7~~~~UfiJU!'~;~-;.~~'.1O~lti~~~"-~"'.~1.~~"'~~~'IiIl:&Ih___"","~~"~ ,,'. '1.. ,.. ~ ~ majority of those Members Entitled To Vote and present physically or by proxy at a meeting at which a quorum is present shall constitute the acts of the Members, except when approval by a greater number of Members is required by the Declaration of Condominium, these By-Laws, or the Association Articles of Incorporation. Section 5. Proxies. Votes may be cast by Members who are physically present or present by proxy. Proxies may be made by any Member Entitled To Vote and shall be valid only for the particular meeting designated therein and any lawfUlly adjourned meetings thereof. Proxies must be filed with the Secretary of the Association before the appointed time of the meeting at which the proxy is to be exercised or any adjournment thereof. In no event shall any proxy be valid longer than ninety (90) days after the date of the first meeting for which it was given. Every proxy shall be revocable at any time at the pleasure of the Member Entitled To Vote who has executed it. Section 6. Adjourned Meetings. If any meeting of Members cannot be organized, because a quorum has not attended, the Members Entitled To Vote who are present, either physically or by proxy, may adjourn the meeting from time to time until a quorum is present. Section 7. Order of Business. The order of business at annual Members' meetings, and as far as practical at all other Members' meetings, shall be: (a) Calling of the roll and certifying of proxies; (b) Proof of notice of meeting or waiver of notice; (c) Reading and disposal of any unapproved minutes; Reports of officers; en....... ~r-.) :;r.(J1 o r rn n o ...., r OJ o 0." ;:l't-. ..., 5 ~ r- ;;0 ...., C"'> ..,., :;JO -u= >.... (;") rn (d) (e) ( f ) (g) Reports of committees; Election of Directors; Unfinished business; co c.c (h) New business; and (i) Adjournment. Section 8. Minutes of Meetings. The Association shall . maintain minutes of each meeting of the membership and of the Board of Directors in a businesslike manner, and the minutes shall be kept in a book available for inspection by Members or their authorized representatives at any reasonable time. The Association shall retain these minutes for a period of not less than seven (7) years. ARTICLE V - BOARD OF DIRECTORS Section 1. Membership. The affairs of the Association shall 30 ~2'!~~~;~~~!~*~~~~~T:;$l:.:~:;'tY;r:;-~lt'!lii~,:iA1rlIf;1-;:it~~~~~~I;:::''W~~;~:,~~i::-;;~~~:~-~;-'J.;~JC\~~_~ .' .\ ~ #, ..J ~ be ma~aged by a Board consisting of no less then three (3) Directors and, at such time as the Unit OWners elect a majority of the . Directors on the Board of Directors or at such earlier time as the Board may determine, expanding to include at least one Director from each distinct Condominium regime administered by the Association. I~ the event there are an even number of regimes administered by the ~ ~ Association, the Board of Directors shall be expanded by one ~ ~ additional Director so that the Board of Directors shall contain ~ odd number of Directors. Each Director shall be a Member Entitled~o Vote in the Association or his representative, except for any ~ -- Director selected by the Developer as set forth in these By-Laws. ~ -- Except for Developer-selected Directors, no two (2) Directors may be~ Owners of Units in the same Condominium regime adminstered by the ~ Association, unless and until all such Condominium regimes are represented on the Board of Directors. With the exception of the initial Board of Directors selected by the Developer pursuant to Article V, Section 2(d) of these By-Laws, the terms of the Directors shall be staggered so that approximately one-third (1/3) of the Board of Directors shall be subject to election at any annual meeting of Members. Upon the election by the Unit Owners of one-third (1/3) of the Directors pursuant to Article V, Section 2(e) hereof, said Unit Owner Directors shall serve until the third annual meeting after their election. Their elected successors shall serve for three (3) year terms. Elections held pursuant to these By-Laws to fill the remaining Unit Owner Director positions on the Board shall result in such Directors serving initial terms staggered between approximately one (1) and three (3) years to result in approximately one-third (1/3) of the Board of Directors being elected at any annual meeting of the Members. Thereafter, the term of their elected successors shall be for three (3) years. Until such time as Unit Owners other than the Developer are entitled to elect all of the Directors pursuant to Article V, Section 2(f)(g) hereof, all Unit Owner Directors shall be elected by all Members of the Association; provided that, except for Developer-selected Directors; no two (2) Directors shall be the Owners of Units in the same Condominium regime administered by the Association, unless and until all such Condominium regimes are represented on the Board of Directors. CD o 0= ~..., ..., f} . l- r- ;0 ,.., (, = :;0 ~~ C> f"Tl Section 2. Election of Directors. (a) Members of the Board of Directors shall be elected by majority vote of the Members of the Association Entitled To Vote. (b) Except as to vacancies created by removal of Directors by Members, vacancies on the Board of Directors occurring between annual meetings of Members shall be filled by a vote of the remaining Directors provided that vacancies caused by resignation. of a Developer-selected Director may be filled by the Developer selecting a replacement. (c) Any Director, with the exception of Developer- selected Directors pursuant to Article V, Section 2 (d), (e), (f) and (g), may be removed, with or without cause, by concurrence of a majority vote of the Members of the Association Entitled To Vote at a special meeting of the Members called for that purpose. A special 31 [~~aI&'i~~~.;B':.:~I~~--- ,C'~~. .' ". f" w."~ 'f'~ ... ',' ,;." ""._ ~. ..~~.-. ';. '," :"~,,:,,.;"~. :"t..,,; . - :'" I<- <~~ ~ t"J J c\ mes paskey . d u~s ign 'H i -T cch canst ruct lon d n 1 nc. ) 394 Hof fner Road O~land9, FL 32812 (305) 658-029:-) .' 'J' '.' "'"n"Ct" :,.:~:..,,; . .t:J'f,;.f~~1VIiIi'~_ 1I1l!~~...... IT.a ..hU rrm_,- J7 ~R'f~j!ll - .' .. iY \""J \wi property of the Unit Owners and of the Association held by or controlled by the Developer, including, but not limited to, the following items, if applicable, as to each Condominium operated by the Association: (1) Original or a photocopy of the recorded Declarations of Condominium and all amendments certified by the Developer or its agent as being a complete copy of the actual recorded Declaration; (fl -.... ~,...., % (J'1 C> r rn n o CD o ~q ...., ~ )- ,- ;0 r'1 C.., = ;:xJ .." r.:: ~"") o rn ( 2 ) A certified copy of the Association Articl~ of Incorporation; CD ,...., (3) A copy of the By-Laws; (4) The minute books, including all minutes, and other books and records of the Association, if any; (5) Any rules and regulations which have been promulgated; (6) Resignation of officers and Directors who are required to resign, because the Developer is relinquishing control of the Association; (7) The financial records, including financial statements of the Association, and source documents since the incorporation of the Association through the date of turnover. The records shall be reviewed by an independent certified public accountant. The minimuim report required shall be a review in accordance with generally accepted accounting standards as defined by rule of the Board of Accountancy; (8) Association funds or control thereof; (9) All tangible personal property that is property of the Association, represented by the Developer to be part of the Common Elements, or ostensibly part of the Common Elements, and inventory of that property; (10) A copy of the plans and specifications utilized in the construction or remodeling of improvements and the supplying of equipment to the Condominium and for the construction and installation of all mechanical components serving the improvements and the site, with a certificate in affidavit form of the Developer, his agent or an architect or engineer authorized to practice in the State of Florida that such plans and specifications represent, to the best of their knowledge and belief, the actual plans and specifications utilized in the construction and improvement of the Condominium property and for the construction and installation of the mechanical components serving the improvements; (11) Insurance policies; (12) Copies of any certificates of occupancy which 33 ~7:;j", mBJii_r.- -- _- ....rtf8 If' .. t .. 6., ~ are aVailable to the Developer; (13) Any other permits issued by governmental bodies applicable to the Condominium property in force or issued within one (1) year prior to the date the Unit Owners other than the Developer take control of the Association; (15) Leases of the Common Elements and other leases to which the Association is a party; (14) Roster of Unit Owners and their addresse~a~ telephone numbers, if known, as shown on the Developer's records~ ~ 7. U1 o ,...- r1l ('") <:) (16) ( 17) Employment contracts, if any; a:J o ~~ -TO c:.; i; ,- ;cO r" ."> = :.0 -0<-= >c.~ o rr1 ....., r c..o (.J.) Service contracts, if any; and party. (18) Other contracts to which the Association is a Section 3. Term. The term of each Director's service shall be as approved in Article V, Section 1 above, with such term expiring at the appropriate annual meeting or thereafter until his successor is duly elected and qualified, or until he is removed in the manner elsewhere provided. Section 4. Organization Meeting. The organizational meeting of a newly elected Board of Directors shall be held within ten (10) days of their election at such place and time as shall be fixed by the Directors at the meeting at which they were elected, and no further notice of the organization meeting shall be necessary. Section 5. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors, and shall be open to all Unit Owners. Notice of regular meetings shall be given or delivered to each Director, personally or by mail, telephone or telegraph except in emergency, at least three (3) days prior to the day of such meeting, and notice of such meetings shall be posted conspicuously on the Condominium Property forty-eight (48) hours in advance of the meeting for the attention of the Unit Owners. Section 6. Special Meetings. Special meetings of the Directors may be called by the President and must be called by the Secretary at the written request of one-third (1/3) of the Directors. No less than three (3) days notice of the meeting shall be given. personally or by mail, telephone or telegraph, which notice shall state the time, place and purpose of the meeting, except in case of emergency, in wich event notice of the time, place and purpose of the meeting shall be given in whatever manner is deemed most appropriate under the circumstances. Except in the case of any emergency, notice of such meetings shall be posted conspicuously on the Condominium Property forty-eight (48) hours in advance for the attention of Unit Owners. 34 -,--,- 1._11"'_ .' 11-.. .. '" ~ Section 7. Waiver of Notice. Any director may waive notice of a meeting before or after the meeting, and such Waiver shall be deemed equivalent to the giving of notice. Sectior. 8. Quorum. A quorum at Directors meetings shall consist of a majority of the entire Board of Directors Entitled To Vote. The acts approved by a majority of those Directors presen~a~ a meeting Entitled To Vote at which a quorum is present shall ;F- (J1 constitute the act of the Board of Directors, except where approv~ by a greater number of Directors is required by the Declaration o~ Condominium or these By-Laws. ? ..., Section 9. Adjourned Meetings. If at any meetings of the: ~ Board of Directors there be less than a quorum present, the majority~ of those present may adjourn the meeting from time to time until a quorum is present. At any adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice. Q:) o ~~ ..., M i;' ,- ;.0 ..... c-> ..:) ::0 -,,= }>oV> C> rn Section 10. Director may join in Directors by written used for the purpose Joinder in Meeting by Approval of Minutes. A any action taken at a meeting of the Board of concurrence, but such concurrence may not be of creating a quorum. Section 11. Presiding Officer. The presiding officer at Directors' meetings shall be the President. In the absence of the President, the Directors present shall designate one of their number to preside. Section 12. Directors' Fees. Directors' fees, if any, shall be determined by the Members of the Association; provided, Directors selected by the Developer shall never, under any circumstances, be entitled to Directors' fees. Section 13. Assessments. Notice of any meeting in which Assessments against Units are to be considered for any reason shall specifically contain a statement that Assessments will be considered and the nature of any such Assessments. ARTICLE VI - POWERS AND DUTIES OF BOARD OF DIRECTORS Section 1. Enumerated Powers. All of the powers and duties of the Association existing under the Condominium Act, each Declaration of Condominium, the Association's Articles of Incorporation, and these By-Laws, shall be exercised by the Board of Directors, subject only to approval by Unit Owners when such is specifically required. Such powers and duties of the directors ~hall include, but not be limited to, the following, subject, however, to the provisions of the Declaration(s) of Condominium, the Association's Articles of Incorporation, and these By-Laws: (a) Assess. To make and collect Assessments against Members to defray the costs, expenses and losses of each Condominium; (b) Disburse. To use the proceeds from Assessments in 35 i';:;'1ifdillfi8!!';~~1..~:&--xBJiY~,it~~:~dIlmi!}_I.W~__,"'lr:i~,~ _T ~',- . ~~~~" ~_-:R'~ ~' ~. r \..- \...- the exercise of its powers and duties; (c) Maintain. To maintain, repair, replace and operate each Condominium, the Common Elements contained therein; (d) Insure. To purchase insurance upon each Condominium and for the protection of the Association and its Me~e~ as Unit OWners, as well as liability insurance for the protectionfo~ the Directors and officers of the Association; E r- ("1"\ (e) Reconstruct. To reconstruct improvements after2 casualty, and further improve the Condominium Property pursuant t~ the terms of the relevant Declaration of Condominium; ~ ~ U'1 (f) Regulate. To make and amend reasonable rules and regulations respecting the use of the property in each Condominium, including the Common Elements; OJ o Oc> :;K ..., -., S! ~ r- :>> ,.., .., ~ ;Cl ,,= >'" ~ ("1"\ (g) Approve. To approve or disapprove the repair or replacement of any improvements or landscaping to be constructed on the Condominium properties, as provided in each Declaration of Condominium; (h) Management Contract. To contract for the management and maintenance of any Association owned Condominium Unit and the Common Elements and to authorize the management agent to assist the Association in carrying out its powers and duties by performing such functions as the collection of Assessments, preparation of records, enforcement of rules, operation and maintenance of the Common Elements. The Association shall, however, retain at all times the powers and duties granted them by the Condominium Act, including, but not limited to, the making of Assessments, promulgation of rules, and execution of contracts on behalf of the Association. Any management agreement shall be made contingent upon a clause in said agreement that it will be terminable by the Association without cause, upon thirty (30) days written notice, without payment of a termination fee, for a term not to exceed one (1) year, renewable by agreement of the parties for successive one (1) year periods. When professional management has been previously utilized by the Association, any decision to establish self management shall require the consent of sixty-seven percent (67%) of the Members Entitled To Vote by interest held and fifty-one percent (51%) of the Unit mortgagees by interest held; (i) Payments of Liens. To pay any applicable taxes and assessments which are liens against any part of any Condominium other than individual Units and any appurtenances thereto, and to assess the same against the Units; (j) Enforce. To enforce by legal means relevant provisions of the Condominium Act, the Declaration of Condominium, the Articles of Incorporation, the By-Laws, and the rules and regulations, including the enforcement by legal means of the collection of Assessments; 36 "'~.".~"""_'M..._.....__.....__ _........ ....___. ......_ I :;{~YEr_'j);'!i!.-,i!1f~~i&~~~;~'~m~~1;~lfjJ;:.5iitl"lmlill'~~",_;!f~;;:lI'E~jj"~>'I!1f'-';;=':"-..'~ 4 .. . ~ ...... (k) Utilities. To apy the cost of all power, water, sewer, and other utility services rendered to each Condominium and not billed to Owners of individual Units; (1) Employment. To employ personnel for reasonable compensation to perform the services required for proper administratin of the purposes of the Association. Any agreement providing for services to the Association shall include a clause providing that the agreement may not exceed one (1) year, renewable__ upon agreement of the parties for successive one (1) year periods, ~ and that such agreement is terminable by either party without cau~ ~ and without payment of a termination fee on thirty (30) days writ~~ notice; ~ ("11 r> (m) Bank. To maintain bank accounts on behalf of the .." r m o ~~ ..., n ~ ,- ;;0 ,.., c., c:> ;;0 '"'tJ~ >- C') IT1 Association; (n) Fines. To levy fines against Unit Owners and/or tenants for violations of the rules and regulations established by the Association; U) en (0) Purchase Units. To purchase Units in any Condominium subject to its jurisdiction and to hold, lease, mortgage and convey same. The Association shall have the power to own and convey property; (p) Accept Jurisdiction, Powers and Duties. To accept jurisdiction over BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC. and any Additional Property which may hereafter be subjected to the jurisdiction of the Association by any Declaration of Condominium now or hereafter recorded by the Developer of the Project, expressly submitting any part or all of the properties within the Project to the jurisdiction of the Association, as a mandatory duty of the Association. The Association shall accept as members all Owners of all Condominium Units hereafter subjected to the jurisdiction of the Association; (q) Sue and Be Sued. To sue and be sued and appear and defend in all actions and proceedings in its corporate name to the same extent as a natural human individually; (r) Committees. To appoint such committees from the membership of the Association as are deemed appropriate by the Board of Directors to make non-binding recommendations to the Board of Directors. The Board may, in its discretion, consider in making such appointment the specific areas of expertise of its membership which may be beneficial to such committees; and (s) Contract with Developer. To contract with the Developer, as needed by the Association, for management assistance, services, or any other purpose, without limit as to the term of the contract. ARTICLE VII - OFFICERS 37 ~:':j!jf~~~_1i~~~~~~f.;~~1!!!11I!1~'" .~.!&dJ~~Q .,~:~ ~l"" II ., . '- " Section 1. Officers and Election. The executive officers of the Association shall be a President who must be a Director, a Treasurer, and a Secretary, both of whom need not be Directors. The Executive officers shall be elected annually by the Board of Directors and may be preemptorily removed by majority vote of the Directors at any meeting. Any person may hold two (2) or more ~ ~ offices, except that the President may not also be the Secretary. ~ ~ The Board of Directors shall from time to time elect such other 5 U1 officers and designate their powers and duties as the Board shall~ find necessary to properly manage the affairs of the Association. ? .." Section 2. President. The President shall be the chief r executive officer of the Association. He shall have all of the powers and duties which are usually vested in the office of President of a corporation, including, but not limited to the power to appoint committees from among the Members from time to time as he may, in his discretion, determine appropriate to assist in the conduct of the affairs of the Association. He shall serve as chairman of all Board and Members' meetings. txl o ~h~ ...... fi ,. ,- ;;x> ,.., <I = ;on -0= >V> C") (Tl c.o ....., Section 3. Secretary. The Secretary shall keep the minutes of all proceedings of the Directors and the Members. He shall attend to the giving and serving of all notices to the Members and Directors and other notices required by law. He shall keep the records of the Association, except those of the Treasurer, and shall perform all other duties incident to the office of Secretary of a corporation and as may be required by the Directors or the president. The duties of the Secretary may be fulfilled by a manager employed by the Association or another individual. Said manager shall be known as the Assistant Secretary. The Assistant Secretary shall perform duties of the Secretary when the Secretary is absent or when authorized to do so by the Secretary. Section 4. Treasurer. The Treasurer shall have custody of all property of the Association, including funds, securities, and evidences of indebtedness. He shall keep the books of the Association in accordance with good accounting practices and provide for collection of Assessments; and he shall perform all other duties incident to the office of Treasurer. The duties of the Treasurer may be fulfilled by a manager employed by the Association. section 5. Compensation. The compensation, if any, of all officers shall be ascertained by the Members. No officer who is a designee of the Developer shall receive any compensation for his services as such. ARTICLE VIII - FISCAL MANAGEMENT section 1. Fiscal Management. The provisions for fiscal management of the Association set forth in the Declarations of Condominium for BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC. as to Condominiums to be operated by the Association shall be supplemented" by the following provisions. Section 2. Accounts. The receipts and expenditures of the 38 ~",.._"i;_~~~.-r_ ~"JT'~~~_\:"["".ll\1i.~I;rtl......;" ",:'tll:'Ulll..t~,-t;WW:ltIII:~ - ,. t... W ~ '- Association shall be credited and charged to accounts under the following classifications and any other classifications as shall be appropriate, when authorized and approved by the Board of Directors. The receipts shall be entered by the amounts of receipts by account and receipt classifications, and expenses by the amounts of expenses by account and expense classifications. Separate accounts shall be maintained for each Condominium operated by the Association. (a) Current Expenses. Current expenses shall include all receipts and expenditures to be made within the year for which the receipts are budgeted and may include a reasonable allowance for contingencies and working funds. The balance in this fund at the end of each year shall be applied to reduce the Assessments for current expenses for the succeeding year or to fund reserves. This shall include but not be limited to: Cost for security; (I) f'T1 3: Z Cl , managemen1!'1 n Cl .,., , -., ~ (J1 aJ o 0= ~...... ...... ~ ].. r- ;0 ...., ...., 'r.::> ::0 -0= )>"" C) I"T1 (1) ( 2 ) Professional, administration and fees; ( 3 ) Taxes; c.o co (4) Expense for refuse collection and utility services; (5) Expense for lawn care; (6) Cost for building, Common Element maintenance and repairs occurring annually; (7) Insurance costs; (8) Administrative and salary expenses; (9) Fees payable to the Division of Florida Land Sales and Condominiums, if any; (10) Other expenses; and (11) Operating capital. (b) Reserves for Deferred Maintenance. Reserves for deferred maintenance shall include funds for maintenance items which are the obligation of the Association which occur less frequently than annually. (c) Reserves for Replacement. Reseves for replacement shall include funds for repairs or replacements which the Association is obligated to make resulting from damage, depreciation or obsolescence. (d) Betterments. Reserves to be used for capital expenditures for additional improvements or additional personal property that will be part of the Common Elements. 39 ii'_ _II. . fJ- -'''.--1_. e1~_ - _aAU, .: .... r ~ \... Section 3. Budget. The Board of Directors shall adopt a budget for each Condominium operated by it for each calendar year which shall include the estimated funds required to defray the current expenses and shall provide funds for the foregoing reserves. (a) A copy of a proposed annual budget of common expenses shall be mailed to the Unit Owners in each affected Condominium not less than thirty (30) days prior to the meeting a~ which the budget will be considered, together with a notice of th~ meeting. The Unit Owners shall be given written notice of the time and place of the meeting at which the Board of Directors will ~ consider the budget, and such meeting shall be open to all Members~ ~ If a budget is adopted by the Board of Directors which requires ~ Assessment against the Unit Owners in any fiscal year exceeding one hundred fifteen percent (115%) of such Assessments for the preceding year, upon written application of ten percent (10%) of the Unit Owners in such affected Condominium to the Board of Directors, a special meeting of the Unit Owners in such affected Condominium will be held upon not less than ten (10) days written notice to each member, but within thirty (30) days of the delivery of such application to the Board of Directors or any individual Director, at which special meeting Unit Owners in such affected Consominium shall consider and enact a budget. The adoption of the budget shall require a vote of not less than a majority of all Members Entitled To Vote in such affected Condominium. In determining whether Assessments exceed one hundred fifteen percent (115%) of similar Assessments in prior years, there will be excluded in the computation any provision for reasonable reserves made by the Board of Directors in respect of repair or replacement of the Condominium Property, or in respect of anticipated expenses by the Association which are not anticipated to be incurred on a regular or annual basis. There shall also be excluded from such computation amounts established for reserves relative to Assessments for betterments to the Condominium Property. Provided, however, that so long as the Developer has selected a majority number of Directors, the Board shall not impose an Assessment (exclusive of the above-excluded matters) for any year greater than one-hundred fifteen percent (115%) of the prior fiscal calendar year's Assessment without approval of a majority of all Members Entitled To Vote. (f)-...a ~~ Con tD o 0= ~..., ...,., ~ :.- ,- ;:>:> r' c-> . <=> ;:>:> -a~ >- c;') m (b) The proposed annual budget of the Board of Directors shall be detailed and shall show the amounts budgeted by accounts and expense classifications, including, if applicable, but not limited to, the provisions of Section 718.504(20), Florida Statutes (Supp. 1984). In addition to annual operating expenses, the budget shall include reserve accounts for capital expenditures, . deferred maintenance and repair, and replacement of the Common Elements, that must be replaced on a periodic basis. These accounts shall include, but not be limited to pavement resurfacing, roof replacement and building painting. The amount to be reserved shall be computed by means of formula which is based upon estimated life and estimated replacement cost of each reserve item. Such reserve accounts may be deleted from the budget or reduced, if the Association has, by an affirmative vote of a majority of those 40 - . ... . J J Members Entitled To Vote at a duly called meeting of the Association, determined for a fiscal year to provide no reserves or reserves less adequate than set out herein. Section 4. Assessments. Assessments against the Units for shares of the items of the budget shall be made in advance on or before December 20, preceding the year for which the Assessments are made. Such Assessments will be due on January 1 of the Assessment year, but at the discretion of the Board of Directors, Assessments may be payable in twelve (12) equal monthly installments, one of which shall come due on the first day of each month of the year for which the Assessments are made. In any event Assessments shall be payable not less frequently than quarterly. Assessments shall be made in an amount no less than required to provide funds in advance for payment of all of the anticipated current operating expenses and for all of the unpaid operating expenses previously incurred. If an:: annual Assessment is not made as required, an Assessment shall be ~ r-..) presumed to have been made in the amount of the last prior ~ ~ Assessment, and monthly payments thereon shall be due upon the fi~t day of each month until changed by an amended Assessment. In the~ event the annual Assessment proves to be insufficient, the budget~nd- Assessments may be amended at any time by the Board of Directors. ~ r-..) The unpaid Assessment for the remaining portion of the calendar y~ar~ for which the amended Assessment is made shall be due on the first ~ day of the month next succeeding the month in which such amended Assessment is made or as otherwise provided by the Board of Directors. The first Assessment shall be determined by the Board of Directors of the Association and shall commence to accrue upon the conveyance of the first Unit by the Developer to a purchaser, unless otherwise provided by the Board of Directors. co o (!)c::> ~..... ..., S? -~ .- ;;:D (Tl c-> = ;;:D -0= >C'n C> ITl Section 5. Acceleration of Assessment Installments Upon Default. If a Unit Owner shall be in default in the payment of an installment upon an Assessment, the Board of Directors may accelerate the remaining installments of the Assessment upon notice to the Unit Owner, and the then unpaid balance of the Assessment shall become due upon the date stated in the notice. Said due date shall not be less than ten (10) days after the delivery of the notice to the Unit Owner, or if such notice be by registered or certified mail, not less than twenty (20) days after the mailing, whichever shall first occur. Section 6. Depository. The depository of the Association will be such banks in Seminole County, Florida, as shall be designated from time to time by the Directors, and the withdrawal of monies from such accounts shall be only by checks signed by such persons as are authorized by the Directors. Provided, however, that the provisions of a management agreement between the Association and a manager relative to the subject matter of this section shall supersede the provisions hereof. Section 7. Audit. An audit of the accounts of the Association, if required by the Declaration, by proper action of either a majority by interest of the Members Entitled To Vote, or by a majority vote by number of the Board of Directors, shall be made annually by a certified public accountant, and a copy of the audit 41 >"-"~~A!:IiIii\lt'J~~;naIl""" " ,!;1,~.ID~,,; ,_Z;'.1"~l[ .b__~- __.)~1N _.......,.,.~~',..:,', .113_7__~ .. .... . ~- '-.~/ report- shall be furnished to each Member and Unit Mortgagee not later than April 1 of the year following the year of which the audit is made. Section 8. Fidelity Bonds. Fidelity bonds shall be required by the Board of Directors as to all officers or of Directors of the Association. The amount of such bonds shall be determined by the Directors; provided, however, that said bonds shall be in an amount not less than that required by Section 718.112, Florida Statutes or any other applicable statute, as either of same may be amended from time to time. The premiums on such bonds sha~l be paid by the Association. - ARTICLE IX - PARLIAMENTARY RULES VI -....., ~N 52 CJ1 o the~ n o th~e ,N c;::) CD o 0= ;>e.., ..., n i; r- ::... ~ <-, = "'" "1J= >C-~ C") ", Roberts' Rules of Order (latest edition) shall govern conduct of Association meetings when not in conflict with the Declarations of Condominium, the Articles of Incorporation, or By-Laws. ARTICLE X - AMENDMENT - Section 1. Amendment. No By-Law shall be revised or amended by reference to its title or number only. Proposals to amend existing By-Laws shall contain the full text of the By-Laws to be amended. New words shall be inserted in the text and underlined, and words to be deleted shall be lined through with hyphens. However, if the proposed change is so extensive that this procedure would hinder, rather than assist, the understanding of the proposed amendment, it is not necessary to use underlining and hyphens as indicators of words added or deleted, but, instead, a notation must be inserted immediately preceding the proposed amendment in substantially the following language: "Substantial rewording of By-Law. See By-Law for present text." Non-material errors or omissions in the By-Law amendment process shall not invalidate an otherwise properly promulgated amendment. Amendments to these By-Laws shall be proposed and adopted as provided in this Article X. Section 2. Notice. Noltice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is considered. Section 3. Resolution. A resolution proposing the adoption of a proposed amendment may be proposed either by the Board of Directors or by one-tenth (1/10) of the Association Members Entitled To Vote. Directors and Members not present physically or by proxy at any meeting to consider the amendment may express their approval in writing, provided such approval is delivered to the Secretary prior to such meeting. A resolution adopting a proposed amendment must bear the approval of not less than a majority of the Directors and not less than a majority of the Members Entitled To Vote of the Association present at a meeting called for that purpose at which a quorum is present. Section 4. Agreement. In the alternative, an amendment may 42 ~1~~1I~~~~~_~',il~~~~~~:.?J;:~~)}~~~~lf1'im..qnUm~~~~~~:~4~-:']'Ft.:c~~i'JlW~~~r~~{J:~~;oc,^~11BSXIML1W'.Y!in~"':;~M",~,"'J<;wr.r,mm;;Q~-1:'~ ._ eo: l .- ~ ~ be made by an agreement signed and acknowledged by not less than a majority of the Board of Directors and not less than a majority of ,the Owners of Units subject to the jurisdiction of the Association in the manner required for the execution of a deed. Section 5. Exception. Anything herein to the contrary notwithstanding, until such time as the Unit Owners other than the Developer elect a majority of the Directors pursuant to these By-Laws- and the Articles of Incorporation of the Association, a majority sf ~ the Directors may amend these By-Laws without the necessity of a ~ ~ meeting of the Unit Owners or joinder by the Unit Owners in such z ~ o amendment. ~ n Section 6. Proviso. No amendment shall make any changes~rr-- this Article X, Section 6, the qualifications for membership, or €h~ voting rights of Members, without approval in writing by all Member~ and the joinder of all record holders of mortgages upon each ~ Condominium, except by act of the Developer should it submit additional Condominium regimes to the jurisdiction of the Association, as provided in the Declaration of Condominium for BEL- MARK BUILDING CONDOMINIUM ASSOCIATION, INC. No amendment shall be made that is in conflict with the Condominium Act or with any affected Declaration of Condominium. Article V may not be amended without the consent of Developer so long as Developer shall be a Member of the Association. OJ o 0= ="'..., ..., B 1- r- = ..., C"') "" ;Q ~~ C") rr1 Section 7. Execution and Recording. A copy of each amendment shall be recorded among the Public Records of Seminole County, Florida. ARTICLE XI - RULES AND REGULATIONS Members Entitled To Vote and who hold voting interests to seventy-five percent (75%) of the Units represented at a meeting at which a quorum is present may overrule the Board of Directors with respect to any rule or regulation proposed or in effect. Copies of all promulgated rules and amendments or modifications thereto shall be furnished by the Board of Directors to Unit Owners not less than fifteen (15) days prior to the effective date thereof. At no time may any rule or regulation be promulgated, modified or rescinded to prejudice the rights reserved to the Developer. ARTICLE XII - ADMINISTRATIVE PROVISIONS Section 1. Florida Law to Control. These By-Laws will be construed in accordance with the laws of the State of Florida. Section 2. Titles. The headings used for each Article and Section in these By-Laws are used for administrative purposes only and do not constitute substantive matter to be considered in construing the terms of these By-Laws. Section 3. Gender and Number. Wherever the context shall so require, all words in either the masculine or feminine or neuter gender will be deemed to include all genders. All singular words 43 IlL t, - . - II include the plural, and all plural words shall include the singular. Section 4. Severability. In case anyone or more of the provisions contained in these Articles of Incorporation shall, for any reason, be held to be invalid, illegal, or unenforceable, these By-Laws shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Section 5. Action By Consent of Unit Owners. The Unit Owners may conduct any action by written consent in lieu of a meeting, except for the recall of members of the Board of Directors or any action barred by law. The foregoing were adopted as the By-Laws of BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC., a not-for-profit corporation established under the laws of the Sta~ of Florida, at the first meeting,;;, the Association on the /:5 day ok. L. i.llc K.. / 1986. h~ Secretary, (f) -.... ;;"" z C'J1 C) r- rn n o ~f'.) c:::;) Co.\) m o ~~ .... ~ )- ,- ;-z, ro, c-> <=> ;0 -u= >'" C') ITI ~-.rtf.r-}'D'1 -~ ~' 1_ - j tii.'~fIiti.__._ - ~ ,.' . L '- EXHIBIT "E" TO THE DECLARATION OF CONDOMINIUM (fl -., ~'" :CUl C> r- /Tl n C> ~'" <:::) ~ OF BEL-MARK BUILDING CONDOMINIUM ASSOCIATION, INC. COMMON ELEMENTS OWNERSHIP/VOTING SCHEDULE VOTE SCHEDULE: The per Unit vote in the Association shall equal the number of square feet attributable to each Unit. The total number of votes in Bel-Mark Building Condominium is 8,000. COMMON ELEMENTS, COMMON EXPENSES, and COMMON SURPLUS: By dividing the number of square feet shown on the following chart for a particular Unit by 8,000 square feet, which is the total amount of Unit of Unit Space in Bel-Mark Building Condominium the percentage interest of the Common Elements, Common Expenses, and Common Surplus may be determined. BUILDING I UNIT VOTING SHARES Unit I Suite 155 3,600 Unit II - Suite 165 1,375 Unit 111- Suite 175 750 Unit IV - Suite 185 900 Unit V Suite 195 1,375 SQUARE FOOTAGE PERCENrAGE INTEREST 3,600 1,375 750 900 1,375 45.0000 17.1875 9.3750 11.2500 17.1875 !*- m C> 0.", ~..., ..., c=; i'; r- ;;0 ..., .-, <::> ;0 -,;,= ~.... C') /Tl w 45 1\ ~I- ,.'1:- ~ .~.. \ C ~ , EXHIBIT "F" EXI'ERIOR srm 46 lI!!--.w ..... m en 0 rn l"o..) 0<::) :J: :;:lIt...... . ...., :z= CJ1 ~ 0 ). r- r- rn :;lC n ,...., 0 ...., = :;><: ""T1 l"o..) \JC:: r >'" ~ G') CJ1 rn FROi'1 : BG ADKINS . TO: FAX #: t,,' , PHONE NO. : 407 647 0324 ,I' I I Ma~. 29 1997 02:25PM Pi FAX ro . trt=.6=-C c l~ FROM: B.G. ADKINS CONST. CO.jlNC I . . . . ~ PHONE #:6 8-5330 FAX #:6. 7-0324 DIG. PAG.#:6 9-3458 DA TE: . RE: . . . . t .' ., . . . 4 . . f, , ! ~ . 51rY Tt,M E: 3 ~r. 3CJ 'ovv ~j () PAGE 1;~~OF i ).. I .~ c 1-1. 1~~ . 'H/'~ . : FROM BG ADKINS PHm~E NO. 407 647 0324 Ma~. 29 1997 02:26PM P2 i'..) en \.0 070 rT'1 .;:-- . 0 "Tl -;- 0-" ~ -..J ;:::.;;;c:) Z <:) l> r- r- rT'1 :::0 n ,.." o C"";I CO -0.0 .." )>;0 .r- CO C?O THIS DEDICATION 9F D:1i~AINAGE & RETE.NT~ON EASEMENTS is made and (.J1 .ITIC/) entered into this U""d day of ~ r... , 1995, by and between Florida Country Clubs, Inc., a Florida corporation d/b/a Tuscawilla Country Club ("FCCI"), James R. Mikes ("Mikes"), The Ci ty of Winter Springs, Florida, a municipal corporation (lithe City"), Glen Eagle Community Association, Inc., a Florida corporation not for profit (the IIAssociationtl) and the Haylyn Development Corporation (t1Haylyn"), a Florida corporation. ........;. _..1_,. Oooum.nl.8ry Tllx Pd. $ 7cd- / . ... Yo/ ~ 11 Intllnglb1c Tllx Pd. Clerk Seminole 0t-J iI. ~ By': D.C. DEDICATION OF DRAINAGE & R~TENTrON EASEMENTS I\~ R E C I TAL S: A. The FCCI is the owner of the country club property commonly known as lfTuscawilla Country Clubll and Mikes is the fee simple owner of a portion of the real property 'to be dedicated herein, (hereinafter FCCI property and Mikes property referred to as collectively "the Land"); B. Association is the homeowner's association for the. Glen Eagle community, consisting of real property shown on (i) the Plat for Glen Eagle Unit I, as recorded in Plat Book 40, Page 16, (ii) the Plat for Glen Eagle Unit II, as recorded in Plat Book 40, Page 18, (i i i) the Plat for Glen Eagle Uni t III, as recorded in Plat Book 43, Page 53, and (iv) the Plat for Glen Eagle Unit IV, as recorded in Plat Book 43, Page 55. all among the Public Records of Seminole County, Florida. The Glen Eagle Community is hereinafter referred to as the "community"; C. Haylyn has or may have some right, title and interest in Drainage and Retention Easements granted and dedicated herein and joins herein for. the purpose of consenting to the grant and dedication herein. D. The Land 1S located in the corporate limits of the City. 8. FCCI and Mikes are willing to dedicate the eiJsements described herein for drainage and retention as more fully described below and the City is willing to accept the same as more fully described below: -.J. ~. ("1. " ~3 .:lIl:~ ~ 0-< ..,,~ (")2; ..~ 53 -10 Cj~ 0..... c.... ::0 -( .: Q:\'.:. '.r;:- 0"\ \.0 (J1 c... C r- <...> :;:OCt) I"t1IT1 ~ ::ua or- Gjrr'l ~C") o ~ "'Z ;::0-4 ::;;:< . r;;''"TT 0: ):It . ~ 0). .. f'>.) NOW, THEREFORE, in consideration of the 5um of Ten Dollars ($10.00) and other good and valUable consideriJtions, including the sufficiency of Which are hereby aCknowledged, fCCI, the City, the Association and Haylyn hereby agree as follows: 1. Dedication 01'_ Easem~nt. pccr and Mikes hereby dedicate ~ to the City, a i)erpetual, non-ex<; lus i ve easement. over, under, ,\j across and through th~ parcel of real property described in Exhibit G "A" attached hereto. for the publ ie's Use fo,' the purposes of ~ I.l..w 0"" THIS INSTRUM(NT PREPAIlED BY! Qf IO. JOHN C. REBER. Attorney at Law (.~\ 1;0:; EJst ChurCh Stleet. 5th Floor FROM : BG ADKINS PHONE NO. 407 647 0324 Ma~. 29 1997 02:26PM P3 .1\:: utilizing, maintaining, repairing and replacing, as required, existing drainage and retention improvements together with the full right and authority to enter upon the Land and maintain such easements in such a manner as may be necessary from time to time to ensure the full use, benefit and enjoyment of such easernent~ sUbject to the limitations herein set forth. ~ 3': 2. Dedication for Public Use. The dedication of easemea in Paragraph 1 above shall be for a publ ic use, i. e., for t~ benefit of all property located in the Community as defined abo~ (whether owned or simply administered by it and whether it be~ subdivided lot or Association-owned property), and shall be bindirm upon Mikes and FCC I and its successors and assigns. Hereafter, a11 rights and privileges and liabilities and Obligations in Declaration of Overflow and Drainage Easement recorded at O.R. Book 1892, Page 0010, tl seq., of the Public Records of Seminole County, Florida, as such pertain to the Community and/or Haylyn shall hereafter be null and void and of no force and effect and the description of Drainage Easement #2 shall be replaced and superceded by the description set forth in attached Exhibit A. N ~ .c;- -.J co CO 0" 0:10 0." 0..... An )> r :;0 ,." n ~~ ~c 1"",V) 3. Maintenance by the city. The City shall be responsible for the costs of maintaining the drainage and retention improvements over, under and across the easements dedicated herein. The city shall be responsible (i) for the perpetual maintenance of all pipes, pumps, weirs, darns, inlets and other improvements used for the purpose of drainage and retention and other related improvements now or hereafter located in the easement areas, (ii) maintaining the aesthetics for the drainage ponds, (iii) exercising appropriate weed and other vegetation control for the drainage ponds, and (iv) to minimize interference with the normal and customary use, as a portion of a golf course, of the easement areas and surrounding property in the Tuscawilla Country Club. All maintenance, repairs and restorations contemplated herein shall be performed in accor.dance with paragraph 5 hereof, and at a level at least equivalent to the level of maintenance originally required by the Declaration of Overflow and Drainage Easement recorded at O.R. Book 1892, Page 0010 et seq. of the Publ ic Records of Seminole c.ounty, Florida. Nothing herein shall be deemed to require the City to payor to complete, normal day-to-day maintenance of the Land such as mowing, watering and fertilizing portions of the golf course. After all such maintenance, repair and restoration, the Land and all improvements and landscaping thereon shall be returned to their pr.e-ex isting cCJndi tion. No change in th~ use, grade, landscape or other conditions ot the Land after or as a result of any maintenance, repair or. restoration shall be allowed without written permission from FCCI or Mikes, as applicable, which permission may be withheld in. the reasonable discretion of FCCI or Mikes, as applicable, and the location, size and capacity of all drainage 1 i nes / retention area s or ottlcr improvements will not be C/6 expanded, lncreased Ol~ changed from the ir lQcat i on, size and {V capaci ty at the r.irne of granti n9 th is easement un less a llowed in ~ 2 J'. FROM : BG i=lDKINS PHONE NO. 407 647 0324 Ma~. 29 1997 02:27PM P4 '.', r writing by FeCI or Mikes, as applicable. Any withholding ot FeCI's written permission as contemplated in this paragraph shall not be deemed unreasonable if the basis therefor is the fact that a ~ proposed change in the use, grade, landscape or other conditions ~ ~ the land would alter the golf play on or in the vicinity of suSh -4 land. z o r- 4. ~CI Maintenance. As distinguished from the draina~ system maintenance to be performed by the City as provided abovC) FCCI shall be solely responsible for (i) maintaining t~ CO landscaping on the banks of all drainage features, and (in co ensuring that such property does not, through action or inaction, -4 come to be in such a state (allowing for temporary interruption ~n connection with work on or to the Land) that it does not function substantially for its intended purposes, including without limitation functioning SUbstantially for the purposes for which the easement sets forth herein has been granted: provided,ho~ever, that nothing in this paragraph shall require FCCI to perform any of the duties of the City hereunder. Subsequent to such maintenance, the Land and its improvements shall be restored to substantially the Same condition. 5. Perfo~nce of Maintenance. In the event the city intends to conduct any maintenance, repair or restoration activities on any of the Land, the City shall notify ~CCI of the nature and extent of Such activities at least fifteen (15) days prior to undertaking same. FCCI shall nevertheless have the right to impose reasonable scheduling restrictions on such activities so as to avoid disruption of the USe of the Land during times of peak golf play, during golf tournaments, or for any then current use of the Land, by Which restrictions the City shall abide. 6. Maintenance Not an ASsociation ReSpOnSibility. Nothing herein shall be construed to create or imply a duty on the part of the Association or Haylyn to maintain the drainage and retention improvements which are the subject of this dedication or any future changes or modifications thereto. 7. Damaqes. Notwithstanding the foregoing allocations of maintenance r.esponsibilities, should the City or fCCI, directly or through persons under. its control, cause damage to any dr.ainage, retention or other improvements, the party so causj,ng such damage shall be solely liable for the costs of repairing and/or restoring such damage. 8. Po~er.~. The Association, Haylyn, FCCI and the Ci ty each covenant that it has the right to grant the approvals, consents and privileges and to dedicate the easement described herein, and that they and Mikes covenant that each other party hereto shall have the quiet and peaceful enjoYlU~nt of the easement gralit~d herein. J ~b I\J s';V f ~o 0.." 0.,.." ::s:= - Q ):> ..... ::0 fTl C"') "'00 ~::o 0'0 r'1{,1) FROM : BG ADKINS PHONE NO. 41217 647 121324 Ma~. 29 1997 1212:28PM P5 . '. .' (/) have executed this Dedicati~ the date and year first abov.i <::> r ", n IHC., 0 d/b/a . I" \.0 CO,O ... 0..." _ I C)::'Tl -- :J; c=; - )>- r- ::0 "'" 0" CO ~~ Q:)' c;,o Q) ~(/) IN WITNESS WHEREOF, the parties of Drainage & Retention Easements On written. Signed, sealed and delivered in the presence of: 4~ ~ ~::;"; (Print Name) ~~~~ (pr:::me CORPORATE THE CITY ~~,~jti (Print Name) ~:-~:~ (Print Name) '":;-l- CORPORATE ~2 - ~~~~: ~' (pri t ,?':n..;.},' '),/YIC~ /.5" 0 W/I'U~4S'"?~~.5 _8-vL) _.. W / ~ ~ /2 ...5'" ? ",e,n</(;' ~ EL It:} , (Address) ~2;708 4 ~t6 1'\1 <;"v I FROM : BG ADKINS PHONE NO. 407 647 0324 Ma~. 29 1997 02:29PM P6 GLEN EAGLE COMMUNIT~ ASSOCIATION, INC., a Florida corporation no for profit N Uj .r- -.l (D.O 04-f1 <:) ..,., A- n - ~ r- :::0 rn ("') ~~ c>C lTl'(I) By: co CO \.0 tiia~) (Print Name) ~ CORPORATE SEAL: . '" . . .. HAYLYN DEVELOPMENT CORPORATION, a Florida corporation BY:~~ ~ ~~~~~: ~ ~. ~'~ '.~"'.5 PO- 6tJ'f S~ ~) I ~n' ~~ ~l 1cr-i CJ) (Address) CORPORATE SEAL: STATE OF FLORIDA __ COUNTY OF Ijf4r;NC-o- ,,_ THE FOREGOING INSTRUMENT was acknowledged before me this ~ day of ~, 1995, by JAMe-s;2.. MI}(ES , as 'Pf"l5>~r . __ of Florida Country Clubs, Inc., a Florida corporation d/b/a Tuscawilla Country Clubs, on behalf of the Corporation. He~ is ersonall known to me or ~ .......,-._-~._- .... (Print Name, stamp, affix Notary seal) Commission Expiration Date and Number 5 OFFlC A~ 5 A. , JOHNCRE6ER l NOTARY PUBLIC STATE OF FJ..ORina.1 COMMISSION NO. CC307129 I MY COMMISSION EXP, ACG, Ih,i~ 1!tt5 S'V Pi FROM : BG ADKINS PHONE NO. 407 647 0324 Ma~. 29 1997 02:29PM P7 ''', . STATE OF FLORIDA COUNTY OF S~M.IIO~L(C THE FOREGOING rNSTRUMENT was acknowledged before me this ~~ dar.Of ~I 1995, by ~~~t\..""\ F.~usl4. , as JV\~f)f.. _ of The City of Winter Springs, Florida, a munici a1 corporation, on behalf ot the Corporation. U!/She is ~ersonally known to me or who has produced ~ as identi f icat~on. -.A.. ~ ~ J . ~ ..::J&~_. ~ JJ..#.,,~ ) _ ;l: (Signa re) 0 r- -MAR&O M. LL_"'f0~'S ~ (Print Name,~ affix ? Notary seal) ~ Commission Expiration Dat~an[" Number "" ~ ~o +- 0-" Q,~ -J ="(=; - )> r ::0 m C) c:o~~ '..0 ,,c)O - O,rn,tn ,^",y,.",,- . MA~GO M HoPKINS * My ComtnIeeIQn ~741;l * r;~ A<.Ili- 2U, 1_ ~ ' ). 8ond.d by ANa -.,-, ~ p.Jfi/ii aoo"52,,"7G on. (Print Nam Notary seal) Commission Exp Number Date and o CIAL NOTARY SEAL JOHN C REBER ARY PUBLIC STATE OF FLORIDA COM " / 998' MY COMMISSION EXP. AUG- 10,1 6 1,ft6 S.1> e? FROM : BG ADKINS PHONE NO. 407 647 0324 Ma~. 29 1997 02:30PM P8 .. . \ STATE OF FLORIDA I COUNTY OF ::LM \ V\O ~ STATE OF FLORIDA COUNTY' OF OPA-NO...... THE FOR GOING INSTRUMENT ~as ~cknow~e~ged before me this Z~ dar, of , 1995, by ~v..x\t:~ ~. full<. IY\S , as - e- \ of Haylyn Development Corporation, a Florida corporation, on behalf of the Corporation. He/She is personal~ known to me or Vlho has produced PC l)L.~ A 3l~~7l..JqZ.Cj 76 ~ identification. ~ e. ~ ~ (S~9nature) n " ,? LISA Ft MvE~ ;r1 My C~mrninlon CC:'~11173 . El<pl'~$ Jul. 1~. 1lJ98 Lk>n<k'<l !oy I~I V00-422'l :;~$ I"\.) \..0 ~ -.J ~o 0"" 0'" ~- n ~ r- :::c' ,.." ',~' ~'O )>,;0 c)o I~(I) "~~~('t> *~fjJ~;. ~1t Of f\.~'f><) eo \.0 THE FOREGOING INSTRUMENT Was acknowledged before me this 2~y4 day of MAY' ,1995, by James R. Mikes. He is personally known to me G~~e Has ~__Jwv~d as idcntif~ation. JOHN C REBER ~ NOTARY PUBLIC STATE OF PLORI:: STATE OF FLORIDA ( /l COMMISSION NO. C09m.9 COUNTY OF -~'(Yl/V\O(;L MYCOMMlSSIONE)(P.AUC.l~')~ THE~OREGOING INSTRUMENT was acknowledged before me this ~6~ day of ~ ,1995, by W\UIQ...M t.. fe.ISC~""a.A-n1 ~, , as py~~~; of Glen Eagle Community Association, Inc. , a, Florida corporation not for profit, on behalf of the Corporation. He/She j,s "personally known to me or who has' produced YL.l)~ ((Z.5'Y12~R2-'O{O as identification. (~~e)~ ~ jvelJrc,\qlan-oea. *'t'J'r. Kay 23. l~9S ~,~Y '~II, " ~J.,,(","<"" * l/~jr * J'~a;,'W ~al"f\.~# lISA R MYiORS My r-~_,__. ..~_;::"'"-" CC391973 -Jc.tI.12.199S ~ by J.lA1 8~.1S6S 7 FROM : BG ADKINS PHONE NO. 407 547 0324 Ma~. 29 1997 02:30PM P9 '. , " That part of PHILLIP R. YOUNGE GRANT, as recorded in Plat Book 1, page.38 of the Public Records ~f Seminole County, Florida, lying in SectLons 8, 17 and 18, Townshlp 21 South, Range 31 East, City of Winter Springs, Seminole County, Florida, being more particularly described as follows: m rTl :x %" Begin at the Southwest corner of Glen Eagle Unit IV, as recorded ~ fT1 Plat Book 43, Page 55 of said PUblic Records; thence run North OS.g ." 54' 54" East along the Westerly line of said Glen Eagle Unit IV, !'=t' distance of 279.57 feet to the intersection of (a) the southerly line of the "10' Drain. Esmt" situated along the north lot line of N \..0 ..- -z 0) \D ~' mo 0.." C"':T1 :x:s > r- :::0 fT1 o :"00 >::0 /QO ~(/) Lot 221, as shown on the plat of Glen Eagle Unit IV and (b) the westerly lot line of Lot 221, and the Point of Beginning; thence run North 840 05' 06" West a distance of 152.30 feet; thence run North 42. 41' 25" West a distance of 94.92 feet; thence run South o. 09' 16" West a distance of 40.16 feet; thence North 83. 44' 02" West a distance of 115.35 feet; thence North 6 15' 58" East a distance of 30.0 feet; thence North 53. 46' 20" West a dlstance of 79.74 feet: thence North 8. 58' 56" West a distance of 93.96 feet; thence North 43" 57' 50" West a distance of 183.81 feet; thence Nor t h 59 u 00' 08" t-J est a d is tan ceo f 1 9 6 . 74 fee tit hen c; e Sou t h 6 3 0 11' 33" West a distance of 180.55 teet; thenc€ North 89' 35' 29" West a. distance of J35.88 feet; thence South 8S.' 20' 31" West d dJ.stance of 402.56 feet; thence North 73" 12' 02" West <"l, dietance of 288.95 feet; thence North _.., 'I :; . 15' 21" West. a tHstance of 123.99 fee t ; the n C Eo' Nor. t h 4 9" 2 (.:, , 2 7 " \.oi est a d 1. s tan c c~' 0 f I 9 0 . 3:1 E e e t ; the n C f;' N () r tt1 4 J 51' 04" We~;L a dlstancE'! of 122.59 F.eet; thence Nor t.: h J 6 0 0 8 '1[) II \<J est a d i s tan ceo f 1 I 9 . 2 6 r: C,l e t; t h E:~ n c e Nor t. h EX H I H T, T I. f;, " 15. 5 2 fI 1P It 6" ~5' r) l' J ? " Ive s t d (j i s tan ceo r 1 8 5 . 2 B feE'! t; the nee No t- t h 4 0 1 7 ' FROM : BG ~DKINS PHONE NO. 407 647 0324 Ma~. 29 1997 02:31PM P10 '. ".. '1 East a distance of 65.15 feet; thence South 85. 42' 08" East a distance of 64.99 teet; thence South 17" 09' 59" Eas t a distance of en , l'Tt 56.86 feet; thence South 66. 05' 20" East a dl.stance of 255.4~ % feet; thence North 47" 51' 42" East a distance of 151.42 feet to j2 M point on the southerly lot line of Lot 29, Glen Eagle Unit I ~ ..., according to the Plat thereot as recorded in Plat Book 40, Page 14 r ''''J \.0 .:::- -.J coo 0-'" O~ XFi - ):>- I""" ~ J'Tl C"') .~o ~,~ :(;').0 f"';l(,<) Public Records of Seminole County, Florida; thence South 570 16' ex> \0 CO 57" East along the southerly lot lines of Lots 29 and 28 of Gle,n Eagle Unit I a distance of 20.72 feet; thence South 470 51' 42" West a distance of 147.95 feet; thence South 66. 05' 20" East a distance of. 92.49 feet: thence South 9. 14' 17" East a distance of 379.33 feet; thence South 7Jo 12' 02" East a distance of 266.79 feet: thence North 85" 20' 3111 East a distance of 550.06 feet; thence NOt"th 63. II' 33" East a distance of 223.53 feet: thence South 60 0 J' 5811 East a distance of 125.44 feet: thenc(~ North 85. 17' 261l East a distance of 176.95 feet: thence South 51." 47' 42" East a distance of' 11.0.61 feet: thence North 23u 10' 50" East a distance of 147.19 feet; thence South 66. 25' 161l East a distance of 20.00 feet: thence South 23. 10' 50" West a distance of 152.42 feet; thence South 51. 47' 42" East i3 distance of 57.19 feet; thence South 0' 09' 16" West a distance of ).')9.63 feet; thence South 42 1.11' 25" East a di.stance of 97.1'1 feet:; thence South 84. 05' 06" East a distance of 144.74 feet to th(~ poi.nt; of intersection o f (a) the we s t e r 1 y lot 1 i n (> 0 f 1..,0 L 1 5 2, (; 1 e n E Cl <] 1 e Un i t I I r , according to the Plat thereof as recorded in Plat Book 43, Page 5J, PublIC Records of Seminole County, plorJda, and tine of tIle "10' DraJn. ESmt" ::;ituated along the (J:)) t~he florthGcly S 0 LJ t. h J" t 1 i II e () f 1;Vtt6' ~6' FROM BG RDKINS PHONE NO. 407 647 0324 Ma~. 29 1997 02:31PM P11 Lot 152 as shown On the plat of Glen Eagle Unit III: thence South 5. I 54 I 54" West along the west lot 1 ines 01: sa id Lot 152, Glen 20.00 feet to the Point of Beginning. Eagle Unit III and said Lot 221, Glen Eagle Unit IV a distance Of of-ways, restrictions, and eaSements ot record. Containing 7.076 Acres more or less and being subject to any right- en tI'1 :x Z 0' , rr\ CO) P ""TT r N I.,D, ..- ......, ~.. o~, ~, )> r- ' ~ ~ ,(:) :Q;O ~'" 'C):a ~' CD. \0;, .::;--' 1;cd ~.t ~ C~///,L,L ?/?t??~R/ ~ C#$ f/ ~ ;Y//L 3T7rr ~../9~/~ / IrJ-A ~Z3 I ;