DECLARATION OF CONDOMINIUM FOR THE GRAND BELLAGIO ...

DECLARATION OF CONDOMINIUM
FOR
THE GRAND BELLAGIO AT BAYWATCH CONDOMINIUM
THE GRAND BELLAGIO AT BAYWATCH LIMITED PARTNERSHIP, a Florida limited
partnership, its successors, grantees and assigns (collectively, hereinafter the “Developer”), does hereby,
make, declare and publish its intention to submit, and does hereby submit, in fee simple the real property
hereinafter described to condominium ownership and use in accordance with Chapter 718, Florida
Statutes, known and cited as the “Condominium Act,” as follows:
ARTICLE 1
INTRODUCTION
A. Introduction. The Developer owns the fee title to real property located in Clearwater,
Pinellas County, Florida, as more particularly described in Exhibit “A” attached hereto (the “Property”).
B. Name of the Condominium. The name of this condominium is to be THE GRAND
BELLAGIO AT BAYWATCH CONDOMINIUM.
ARTICLE 2
SUBMISSION TO CONDOMINIUM
The Developer hereby submits the following property to the condominium form of ownership and
use in the manner provided for in the Condominium Act:
The Property, together with all improvements erected or to be erected
thereon, including, without limitation, the Units and Common Elements
now or hereafter situated on the Property. The Units and Common
Elements are hereby declared to be subject to the restrictions, easements,
liens, conditions and covenants contained in this Declaration of
Condominium governing the use of the Units and Common Elements and
prescribing the obligations and responsibilities incident to ownership of
each Unit and its appurtenant Limited Common Elements and undivided
interest in Common Elements.
ARTICLE 3
DEFINITIONS
The terms used in the condominium documents shall have the meanings stated in the
Condominium Act or as follows, unless the context requires otherwise:
A. “Assessment” means amounts required for the payment of Common Expenses which, from
time to time, are assessed against the Unit Owner in accordance with this Declaration of Condominium.
B. “Association” means THE GRAND BELLAGIO AT BAYWATCH CONDOMINIUM
ASSOCIATION, INC., a non-profit Florida corporation, or its assigns, which is and shall be responsible
for the operation, administration and management of the Condominium.
C. “Association Property” means that property, real and personal, in which ownership is vested
in the Association for the use and benefit of the Owners.
D. “Board of Directors” and “Board” means the Board of Directors of THE GRAND
BELLAGIO AT BAYWATCH CONDOMINIUM ASSOCIATION, INC., which shall be responsible for
administration of the Association.
E. “Common Elements” means the portions of the Condominium Property not included within
any Unit, as further defined in Article 5 hereof.
F. “Common Expenses” means all expenses which are properly incurred by the Association for
the Condominium and for which the Unit Owners are liable to the Association under this Declaration of
Condominium.
G. “Common Surplus” means the amount by which the receipts of the Association from this
Condominium and the Owners (including, but not limited to, assessments, profits, and revenues from the
operation of the Common Elements) exceed the Common Expenses.
H. “Condominium” means the Grand Bellagio at Baywatch Condominium.
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I. “Condominium Documents” means all documents delivered in connection with this
Declaration of Condominium.
J. “Condominium Parcel” means each Unit, together with the undivided share in the Common
Elements which is appurtenant to the Unit and all other appurtenances thereto.
K. “Condominium Property” means and includes the lands, leaseholds, and personal property
that are subjected to condominium ownership, whether or not contiguous, and all improvements thereon
and all easements and rights appurtenant thereto intended for use in connection with the Condominium.
This includes but is not limited to: the buildings, additions and extensions; fixtures, machinery and
equipment constituting a permanent part and pertaining to the service of the buildings; materials and
supplies intended for use in construction, alteration or repair; yard fixtures; detachable building
equipment; personal property used for the service or maintenance of the buildings; fire extinguishing
apparatus; floor coverings, wall coverings and ceiling coverings not located within a Unit, and outdoor
furniture.
L. “Docks” shall mean and refer to an existing dock facility, a portion of which dock facility is
to be a part of this Condominium and treated as a Common Element (the “Bellagio Condominium Dock
Component”) and a portion of which dock facility is owned and constituted as part of The Docks at
Bellagio (the “Docks Condominium Dock Component”). The Bellagio Condominium Dock Component
is delineated in detail on Exhibit “B” and consists of three platforms labeled Water Sports Pavilion Deck,
Entertainment Pavilion Deck and Riviera Sun Deck and three wood bridges which connect the decks to
the adjacent land.
M. “The Docks at Bellagio” means and refers to that certain community adjacent to the
Condominium Property and being more particularly described in the Declaration of The Docks at
Bellagio, a Condominium either now recorded or to be recorded in the Public Records of Pinellas County,
Florida, as amended and/or supplemented from time to time, which community will be located on the real
property described on Exhibit “F”. The Docks Condominium Dock Component consists of a 1,139 foot
wood deck, two wood bridges connecting the wood deck to the adjacent land, and sixty-two (62) boat
slips in The Docks at Bellagio, which will be sold or leased to Unit Owners in this Condominium or the
fee owners or tenants of the Venezia Property. The Association shall also be deeded free of charge one
(1) of the sixty two (62) slips. The actual slip number to be deeded will be determined ay the sole
discretion of the Developer. The Association will pay all required assessments associated with said Slip
and will hereafter promulgate rules and regulations respecting the use of said boat slip.
N. “Exhibits” means the foregoing Exhibits which are hereby incorporated into this Declaration
by reference thereto:
1. Exhibit “A” Legal Description
2. Exhibit “B” Plot Plan and Survey
3. Exhibit “C” Percentage Ownership of Common Elements
4. Exhibit “D” Articles of Incorporation of THE GRAND BELLAGIO AT
BAYWATCH CONDOMINIUM ASSOCIATION, INC.
5. Exhibit “E” Bylaws of THE GRAND BELLAGIO AT BAYWATCH
CONDOMINIUM ASSOCIATION, INC. with attached Rules and Regulations
6. Exhibit “F” Legal Description of The Docks at Bellagio Property
7. Exhibit “G” Legal Description of the Venezia Property
8. Exhibit “H” Proposed Budget for The Docks at Bellagio
O. “Institutional Mortgagee” means any state or federally chartered bank or savings and loan
associations, credit unions, mortgage companies, insurance companies, title insurance companies, pension
trusts, real estate investment trusts, the United States of America, the State of Florida, any political
subdivision of the State of Florida or of the United States of America (including any department or
agency of any of the foregoing such as the Federal National Mortgage Association, the Federal Housing
Authority and the Veterans Association), private or governmental institutions which are regularly
engaged in the business of mortgage financing and/or mortgage insuring, the Developer, or any affiliate,
assignee or successor in interest of any of the foregoing or a designee of any of the foregoing, owning or
holding a mortgage on one or more Condominium Parcels.
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P. “Limited Common Elements” means those Common Elements which are reserved for the use
of a certain Unit or Units to the exclusion of other Units, as more particularly specified in this Declaration
of Condominium.
Q. “Special Assessment” means any assessment levied against Unit Owner or Unit Owners
pursuant to this Declaration of Condominium other than the assessment required by a budget adopted
annually.
R. “Unit” means that portion of the Condominium Property which is subject to private
ownership as further defined in Article 4 hereof.
S. “Unit Owner” or “Owner” means the owner of a Condominium Parcel.
T. “Venezia Property” means and refers to that certain community adjacent to the Condominium
Property owned by The Grand Venezia at Baywatch Limited Partnership (“Venezia”) and being more
particularly described on Exhibit “G”. The Venezia Property and this Condominium are both subject to
an Operating Maintenance and Easement Agreement (“OEA Agreement”) dated January 5, 2000 and filed
of record on January 13, 2000 in Official Records Book 10784, Page 1247 of the public records of
Pinellas County, Florida, as amended. Pursuant to the OEA Agreement, the two properties share certain
facilities as described therein (e.g. main entryway, entryway features, promenade, utility lines, and
drainage facilities) and also share expenses for maintaining these items on a 50/50 basis. Cross easements
are provided in the OEA Agreement over commonly used and shared facilities as described therein.
There will be three (3) parking spaces located near the Docks which will be marked to indicate that they
are to be exclusively used for the loading and unloading of boats by Owners who also own a boat slip in
The Docks at Bellagio and by tenants of the Venezia Property who also lease a boat slip at The Docks at
Bellagio. The OEA Agreement provides that the owners and occupants of the Venezia Property shall
have access to and a right to use the portion of the Docks constituted as part of this Condominium and
they shall bear one fourth of the costs of the same. A more detailed explanation is provided in Article 9
below.
U. “Voting Certificate” means a document which designates one of the Owners of a Unit, or the
corporate, partnership or entity representative of an Owner of a Unit as being entitled to vote and
represent the voting interest related to such Unit.
ARTICLE 4
THE UNITS
A. Identification. Each of the Units is identified and designated as set forth in the survey
contained in Exhibit “B” attached hereto and by reference made a part hereof.
B. Boundaries. Each Unit consists of (1) the volumes or cubicles of space enclosed by the
unfinished inner surfaces of perimeter walls, ceilings and floors of such Unit, including vents, doors,
windows and such other structural elements as are ordinarily considered to be enclosures of space,
together with the volume or cubicle of space enclosed by any associated terrace, (2) all interior dividing
walls and partitions (including the space occupied by such interior walls or partitions but excepting loadbearing
interior walls and partitions), and all screening enclosing the terraces, and the exterior balconies
and deck areas abutting or appurtenant to the enclosed portions of the Unit, (3) the decorated inner
surfaces of the perimeter and interior walls (including decorated inner surfaces of all interior load-bearing
walls), floors and ceilings consisting of paint, dry wall, carpeting, tiles and other finishing materials
affixed or installed as part of the physical structure of the Unit, and (4) all fixtures, mechanical systems
and equipment installed for the sole and exclusive use of the Unit, commencing at the point of
disconnection from the structural body of a building and from the utility lines, pipes, or systems serving
the Unit. Pipes, wires, conduits or other utility lines or installations constituting a part of the overall
systems and the structural members or portions of any kind, including fixtures within the Unit, which are
not removable without jeopardizing the soundness, safety or usefulness of the remainder of the building,
shall not be deemed to be a part of any Unit.
ARTICLE 5
COMMON ELEMENTS
A. Ownership Percentage. The undivided interest in the Common Elements and Common
Surplus which is appurtenant to each Unit shall be the percentage shown on Exhibit “C” attached to this
Declaration of Condominium, which is the proportionate share based upon the square footage of the Unit
in relation to the square footage of all Units. The undivided shares in the Common Elements appurtenant
to a Unit shall remain constant unless amended in writing by the Unit Owners and the mortgagees of the
Units as required by the Condominium Act.
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B. Identification. The Common Elements appurtenant to each Unit shall include, but are not
limited to:
1. The Property.
2. All parts of the improvements on the Property which are not part of the Units,
including, without limitation, the foundations, roof, floors, ceilings, perimeter walls, load bearing
interior walls and partitions, slabs, hallways, entrances and exits, communication ways, pipes,
wire, conduits, air ducts, utility and cable television lines, and the space actually occupied by all
of these items, but excluding Limited Common Elements.
3. All of the parking spaces that are not assigned to any particular Unit pursuant to this
Declaration of Condominium, walkways, paths, trees, shrubs, grounds and gardens, located or to
be located on the Property described herein.
4. All recreational facilities including, but not limited to, the clubhouse, tennis court,
gazebos, pool, pool deck, volleyball court, playground, and that portion of the Docks constituted
as part of this condominium located or to be located on the Condominium Property described
herein and shown on Exhibit “B”. The recreational facilities may be expanded or additional
facilities added without the need for the consent of the Association or the Unit Owners.
5. All other elements of the Condominium improvements of common use or necessary
to their existence, upkeep and safety, and all other devices or installations within the
Condominium Property existing for common use.
C. The following nonexclusive perpetual easements are expressly provided for and reserved in
favor of the Unit Owners and occupants of the Condominium Property, their guests and invitees, as
follows:
1. Each Unit shall have an easement of support and of necessity and shall be subject to
an easement of support and necessity in favor of all other Units and the Common Elements.
2. Nonexclusive easements are reserved through the Condominium Property as may be
required for utility and other services, cable television (if any), and drainage in order to serve the
Condominium adequately, provided, however, such easements shall be only according to the
plans and specifications for the Condominium Property, unless a modification is approved in
writing by all Unit Owners whose Unit is affected by the modification. No Unit Owner may do
anything within or outside his/her Unit that interferes with or impairs, or may interfere with or
impair, the provision of drainage, utility, cable television (if any) and other services or the use of
these easements. The Association or its designee shall have the irrevocable right of access to
each Unit during reasonable hours, when necessary for maintenance, repair or replacement of any
Common Elements contained in the Unit or elsewhere in the Condominium Property, and in the
event of emergency repairs, to remove any Improvements interfering with or impairing such
facilities or easements herein reserved; provided such right of access, except in the event of an
emergency, shall not unreasonably interfere with the Unit Owner's permitted use of the Unit, and
except in the event of an emergency, entry shall be made on not less than one (1) day's notice.
3. A nonexclusive easement shall exist for ingress and egress over, through and across
sidewalks, paths, walks, halls, lobbies, center cores, and other portions of the Common Elements
as may be from time to time intended and designated for such purpose and use, and for vehicular
and pedestrian traffic over, through and across the streets and walks and other rights-of-way
serving the Units; and such nonexclusive easements shall be for the use and benefit of the Unit
Owners, and those claiming by, through, or under the aforesaid; provided, however, nothing
herein shall be construed to give or create in any person the right to park upon any portion of the
Condominium Property except to the extent that space may be specifically designated or assigned
for parking purposes. Any lien now or hereafter encumbering such easements (other than those
on Condominium Parcels) shall automatically be subordinate to the rights of Unit Owners with
respect to such easements. In addition the Developer and its successors or assigns, any
mortgagee of the Developer, shall have a nonexclusive easement for ingress and egress over,
through and across any and all streets and/or roadways situate on the Condominium Property.
4. If (a) any portion of the Common Elements encroaches upon any Unit; (b) any Unit
encroaches upon any other Unit or upon any portion of the Common Elements; or (c) any
encroachment shall hereafter occur as a result of settling or shifting of the Improvements, any
alteration or repair to the Common Elements made by or with the consent of the Association, or
any repair or restoration of the Improvements (or any portion thereof) or any Unit after damage
by fire or other casualty or after any taking by condemnation or eminent domain proceedings of
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all or any portion of any Unit or the Common Elements, then, in any such event, a valid easement
shall exist for such encroachment and for the maintenance of the same so long as the same exists.
D. The Association (including its designees, contractors, successors and assigns) shall have the
right, in its and their sole discretion, at any time or times to enter the Condominium Property and take all
other action necessary or convenient for the purpose of completing construction, remodeling or operating
any part or parts of the Condominium Property, of any improvements or Units located or to be located on
or as part of the Condominium Property. The Association shall repair, replace and maintain the Common
Elements or any part thereof.
E. The Developer and its designees, successors and assigns shall have the right to use any Units
owned by Developer and parts of the Common Elements for model Units and sales offices, to show Units
and the Common Elements to prospective purchasers and tenants of Units or of other apartments on the
Condominium Property, to erect on the Condominium Property signs and other promotional materials to
advertise Units for sale or lease (without regard to the size or aesthetic qualities of the materials) and to
take any and all actions which, in the Developer's opinion, may be helpful for selling or leasing Units or
for promoting the Condominium Property and its operations generally.
F. The Developer (so long as it owns any Units) and the Association, on their behalf and on
behalf of all Unit Owners (each of whom hereby appoints the Developer and the Association irrevocably
as his/her attorney-in-fact for this purpose), shall each have the right to grant access easements and
electric, drainage, gas, cable television (if any) and other utility or service easements on, in or over any
portion of the Condominium Property, and to relocate any existing access, utility or service easements or
drainage facilities (subject to applicable restrictions) on, in or over any portion of the Condominium
Property, in any such case as the Developer or the Association (as the case may be) deems necessary or
desirable for the proper operation and maintenance of all or any portion of the Condominium Property,
for the general health or welfare of the Unit Owners, for carrying out any provisions of this Declaration,
or otherwise, provided that the easements thus granted or relocated will not prevent or unreasonably
interfere with the reasonable use of the Units for their intended purposes.
G. It is the intention of this Declaration that the Common Elements outlined in this Article 5, are
to be subject to the various easements created by this Declaration and all exhibits attached hereto, in favor
of all Unit Owners, their mortgagees, heirs, personal representatives and assigns, and that the general
reservation herein of said easements would fulfill said intent. However, if the intended creation of any or
all of the aforesaid easements should fail because of a lack of grantee who has the capacity to take and
hold the said easements (such as future Unit Owners of the Condominium Property, their mortgagees,
heirs, successors, personal representatives and assigns) then and in such event, any easements, license or
right-of-way, not deemed to be created as aforedescribed shall be considered as having been granted
directly to the Association for the purpose of allowing the original party to whom the easement or license
or right-of-way was originally granted, the benefit of said easement or license or right-of-way.
H. Right to Use. All Unit Owners shall have the right to use the Common Elements, subject to
the terms and conditions set forth herein. Such rights shall extend to the Unit Owners, members of their
immediate families, their guest and other authorized occupants and visitors of a Unit Owner. Use of the
Common Elements and rights of the Unit Owners with respect thereto shall be subject to and governed by
the provisions of the Condominium Act, this Declaration, the Articles of Incorporation, Bylaws and rules
and regulations of the Association.
I. Easements over The Docks at Bellagio. Each Unit Owner, and each agent and invitee of such
Unit Owner, shall have the right to use and enjoy the Common Areas located on The Docks, including
without limitation the Docks, pier and any promenade located thereon for use in common with all other
Unit Owners and the owners and occupants of The Docks at Bellagio, their agents and invitees but,
specifically, there shall be no right or privilege to utilize the boat slips/units constituting The Docks at
Bellagio.
J. Easements over the Venezia Property Pursuant to the OEA Agreement. Each Unit Owner,
and each agent and invitee of such Unit Owner, shall have a permanent and perpetual non-exclusive
easement for ingress and egress for pedestrian traffic over and across promenade situated on the Venezia
Property and the gazebos located on the Venezia Property for use in common with all other Unit Owners
and the owners and occupants of the Venezia Property, their agents and invitees. The owners and
occupants of the Venezia Property shall have a reciprocal permanent and perpetual non-exclusive
easement for ingress and egress for pedestrian traffic over and across the promenade situated on the
Condominium Property and the gazebos located on the Condominium Property for use in common with
all other owners and occupants of the Venezia Property and the Unit Owners, their agents and invitees.
The foregoing cross easement rights were established pursuant to the OEA Agreement as aforedescribed.
An easement of ingress and egress is hereby granted to the occupants of the Venezia Property over the
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streets as now constituted or hereafter modified from time to time, for the limited purpose of gaining
access to the Docks.
K. Any easement, whether heretofore or hereafter created under and pursuant to this Declaration
of Condominium, shall be nonexclusive in nature and shall constitute a covenant running with the land of
the Condominium, and notwithstanding any other provisions of this Declaration, may not be substantially
amended or revoked in such a way as to unreasonably interfere with its proper and intended use and
purpose and shall survive the termination of the Condominium. The Unit Owners do hereby designate the
Developer and/or the Association as their lawful attorney-in-fact to execute any and all instruments on
their behalf for the purpose of creating all such easements as are contemplated by the provisions hereof.
ARTICLE 6
LIMITED COMMON ELEMENTS
Limited Common Elements created by this and reserved for the exclusive use of a certain Unit to
the exclusion of others shall consist of the following:
A. Patio/Balcony. The patio/balcony area adjacent to a Unit shall be a Limited Common
Element for the exclusive use of the occupants of said Unit.
B. Parking Spaces. There are four types of parking available in the Condominium:
1. There are six (6) stand alone parking garages each containing six parking spaces as
shown on Exhibit “B”. These parking spaces shall be assigned by Developer to a particular Unit
for the Unit Owner’s exclusive use and shall be considered as Limited Common Elements.
2. There are one hundred fifty five (155) parking garages attached to buildings
comprising the Condominium all as shown on Exhibit “B”. These parking garages contain in the
aggregate two hundred thirty two (232) parking spaces. These parking spaces shall be assigned
by Developer to the particular Unit in the building to which they are attached for the exclusive
use of the occupant(s) of said Unit(s) and shall be considered as Limited Common Elements.
3. There are two hundred thirty two (232) open air parking spaces adjacent to each
building as shown on Exhibit “B”. These parking spaces shall be assigned to a particular Unit
located in the building to which they are attached for the exclusive use of the occupant(s) of said
Unit(s) and shall be considered as Limited Common Elements. These parking spaces are
“tandem” in nature (one in front of the other without separation) to those described under
subsection 2 of this Article. Accordingly, the Unit that is assigned a space in subsection 2 of this
Article will also be assigned the corresponding tandem parking space under this subsection
4. There are two hundred eighty two (282) open air parking spaces as shown on Exhibit
“B” which are not associated with any particular building. A portion of these parking spaces will
be assigned by Developer to a particular Unit for the exclusive use of the occupant(s) of said
Unit(s) and shall be considered as Limited Common Elements. Any or all of the remaining
unassigned parking spaces may be designated by the Developer as guest or visitor parking to be
utilized on a first come, first served basis and such guest/visitor parking shall be considered as
Common Elements. Notwithstanding the foregoing, as set forth above in Article 3 Section S,
three (3) parking spaces located near the Dock will be marked for the exclusive use of loading
and unloading of boats by Unit Owners who also own a boat slip in The Docks at Bellagio and by
tenants of the Venezia Property who lease a boat slip at The Docks at Bellagio.
C. Each Unit shall be entitled to the exclusive use of any assigned parking space(s) which is
constituted as a Limited Common Element for such Unit. The Developer shall assign parking space(s) to
each Unit on or before the date upon which the Developer conveys such Unit to a purchaser. The right to
the exclusive use of the parking space assigned to a Unit shall pass with title to the Unit without further
need for assignments or reference to such parking space. However, the Board of Directors of the
Association shall, upon a written direction from the Unit Owner to which such parking space has been
assigned, change said assignment, provided that no changes to assigned parking space may be made
without the Developer’s express written consent so long as the Developer owns any Units, and further
provided that no change shall be made which shall result in any Unit having less than one parking space
assigned to it. All assignments or changes in assignments made pursuant to this provision shall be in
writing but shall not be recorded in the Public Records. A copy of the assignment shall be furnished to
the Board of Directors.
D. An assignment of any parking space grants only the exclusive use thereof and does not
convey any title thereto. Parking spaces are Limited Common Elements appurtenant to the Units to
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which they are assigned and any transfer of title to a Unit (including transfers by operation of law) shall
operate to transfer the exclusive use of the Unit's then appurtenant parking spaces.
E. The Developer reserves the right, in its sole and absolute discretion, to pave additional areas
to add up to forty (40) more parking spaces and assign such spaces to particular Units. Such additional
spaces shall be located in the vicinity of Buildings 1, 2, 3, and 4 as shown on Exhibit “B”. The Developer
reserves the right, in its sole and absolute discretion, to purchase additional land from the owners of the
Venezia Property to add the referenced parking spaces.
F. Storage Rooms. Storage rooms will be assigned by the Developer for the exclusive use of the
Unit to which they have been assigned on a first come first serve basis. A sales fee will be charged per
storage room assigned, which shall be retained by Developer.
G. Assignment. Subject to the following sentence, once a Limited Common Element is assigned
to a Unit (to wit: a storage space or a parking space), it may not thereafter be transferred or reassigned
without the express written consent of the Developer as long as it owns any Unit. The Limited Common
Element assigned to a Unit shall be appurtenant to and constitute part of such Unit and will be deemed to
be transferred to a successor title holder regardless of whether or not reference is made to the same in the
deed of conveyance.
ARTICLE 7
SURVEY, GRAPHIC DESCRIPTION AND FLOOR PLAN
A survey of the land and a graphic description of the improvements in which Units are located
and a plot plan thereof are attached hereto as a part of Exhibit “B”. This Declaration, in order further to
define and identify the Units and Common Elements of the Condominium Property, including any and all
present and future improvements thereof, hereby declares that the Condominium Property is subdivided
into a total of 311 Units, as shown on the schematics contained in Exhibit “B” hereto, each of which shall,
together with the appurtenances, constitute a separate parcel of real property.
ARTICLE 8
COMMON EXPENSES
A. Share of Common Expenses. Each Unit Owner shall be assessed his/her proportionate share
of the expenses of maintenance, repair, replacement, administration and operation of the Common
Elements and Association Property, and of the taxes and assessments levied thereon, which expenses are
hereinafter referred to collectively as Common Expenses. The proportionate share of the Common
Expenses of each Unit Owner shall be the same as such Unit Owner’s share of the Common Elements, as
set forth in Article 5 Section A above. Payment thereof shall be in such installations and at such times as
may be provided in the Bylaws. In the event of the failure of a Unit Owner to pay his/her proportionate
share when due, the amount thereof shall constitute a lien on his/her Unit as provided by the
Condominium Act and described in Section E below.
B. Amendment to Shares. The proportionate share of the Common Expenses attributable to each
Unit may be amended only with the written consent of the Unit Owner and the mortgagee or mortgagees
of the Unit, and approval of not less than a majority of the total voting interests of the Association.
C. Uncollectible Assessments. If the Board of Directors decides that any unpaid assessment is
uncollectible, it shall become a Common Expense, collectible from all of the Unit Owners including an
acquirer of the Unit where the assessment was determined to be uncollectible. Additionally, a Unit
Owner shall be jointly and severally liable with the previous Unit Owner for all unpaid Assessments that
came due up to the time of the conveyance, without prejudice to any right the Unit Owner may have to
recover from the previous Unit Owner the amounts paid by the grantee Unit Owner.
D. Interest; Application of Payments. Assessments and installments on such assessments paid
on or before ten (10) days after the date when due, shall not bear interest, but all sums not paid on or
before ten (10) days after the date when due shall be subject to a late charge equal to the greater of $25.00
or five percent (5%) of the assessment for each delinquent installment. All payments on account shall be
first applied to late charges and then to the assessment payment first due. In addition to the foregoing, the
Association may charge the Unit Owner for administrative and other expenses incurred by it in collecting
such delinquencies, including without limitation, attorney's fees, whether or not an action is commenced.
E. Lien for Assessments. The Association shall have a lien against each Condominium Parcel
for any unpaid assessments owed by the Unit Owner thereof. The lien shall terminate one year after
recording a Claim of Lien in the Public Records unless an action to enforce said lien is commenced within
such year in a court of competent jurisdiction. The lien shall also secure interest and late fees on the
unpaid assessments and reasonable attorneys' fees and other expenses incurred by the Association
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incident to the collection of such assessment or enforcement of such lien, whether or not legal
proceedings are initiated. The lien may be recorded among the Public Records of Pinellas County,
Florida, by filing a claim of lien therein which states the legal description of the Condominium Parcel, the
name of the record Unit Owner of the Condominium Parcel, the name and address of the Association, the
amount claimed to be due and the due dates, and said lien shall continue in effect until all sums secured
by the lien, together with all costs incurred in recording and enforcing said lien shall have been paid.
Such claims of lien may be signed and verified by any 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, to be prepared and recorded at his/her expense. All such liens shall be subordinate to
the lien of mortgages recorded prior to the date of recording the claim of lien, and all such liens may be
foreclosed by suit brought in the name of the Association in like manner as a foreclosure of a mortgage on
real property. The Association may also, at its option, sue to recover a money judgment for unpaid
assessments, without thereby waiving the lien securing the same. In the event an Institutional Mortgagee
of record shall obtain title to a Condominium Parcel as the result of foreclosure of its mortgage or as a
result of a conveyance in lieu of foreclosure of its mortgage, such Institutional Mortgagee, its successors
and assigns, shall not be liable for that share of the Common Expenses or assessments by the Association
chargeable to the Condominium Parcel, or the Unit Owner thereof, which became due prior to such
acquisition of title by the Institutional Mortgagee unless such share is secured by a claim of lien for
assessments that is recorded prior to the recording of its mortgage, and any such unpaid share of Common
Expenses or assessments chargeable against any such foreclosed Condominium Parcel or against a
Condominium Parcel transferred in lieu of a foreclosure, shall be deemed a Common Expense to be paid
in the same manner as other Common Expenses of the Condominium by all of the Unit Owners including
such acquirer. An Institutional Mortgagee acquiring title to a Condominium Parcel as a result of a
foreclosure or a deed in lieu of foreclosure, may not, during the period of its ownership of such parcel,
whether or not the parcel is occupied, be excused from payment of Common Expenses coming due during
the period of such ownership.
F. Joint Liability. The transferee of title to a Unit shall be jointly and severally liable with the
transferor thereof for any and all amounts owing by the transferor to the Association up to the time of the
transfer of title, without prejudice to the transferee’s right to recover from their transferor any amount
thereof paid by the transferee. The Association shall provide for the issuance to every transferee, upon
request, a certificate of all the amounts due the Association, and the transferee’s liability hereunder shall
thereupon be limited to the amount stated.
G. Foreclosure and Collection. In the event that any lien arises against a Unit due to the failure
of the Unit Owner to pay any assessments or assessment installments, and the assessments or assessment
installments remain unpaid for more than ten (10) days after they shall have become due and payable, or
the Unit Owner shall in any way default under any provisions of the Condominium Act, this Declaration,
the Articles of Incorporation and Bylaws, or the rules and regulations, the Association shall have each and
all of the rights and remedies which may be provided for in the Condominium Act, this Declaration, or
the Articles of Incorporation and the Bylaws, or which may be available at law or in equity, and may
prosecute any action or other proceedings against the defaulting Unit Owner or others or both for
enforcement of any and all liens, statutory or otherwise, including foreclosure of its liens in the manner
provided for the foreclosure of real estate mortgages and the appointment of a receiver for the Unit and
the ownership interest of the Unit Owner, or for damages or injunction of specific performance or
judgment for payment of money and collection thereof, or any combination of remedies, or for any other
relief.
H. Expenses. All expenses of the Association in the enforcement hereof, whether by legal
proceedings or otherwise, including court costs, attorney’s fees and other fees and expenses, shall, in
addition to the amount due and coming due during enforcement proceedings, be recoverable by the
Association against the defaulting Unit Owner. Such costs, fees and expenses, and all damages, liquidated
or otherwise, together with interest thereon at the maximum legal rate chargeable to an individual, shall
be charged to and assessed against the defaulting Unit Owner.
I. Cumulative Remedies. Any and all rights and remedies provided herein may be exercised at
any time and from time to time, cumulatively or otherwise. The Association’s rights and remedies may be
waived only by written authority of the Board of Directors, and any such waiver shall not constitute a
continuing waiver or be renewed or extended without such written authority.
J. Developer's Liability for Assessments. For the period commencing with the closing of the
sale of the first Unit occurs and terminating on January 15, 2004 (the “Guaranty Period”), the Developer
guarantees that the monthly Assessment for the Unit Owners shall not exceed $181.16 for Model AA
(Siena), $191.27 for Model BB (Portofino), $212.26 for Model CC (Trevi), $231.70 for Model DD
(Firenzi), $242.58 for Model EE (Toscano), $255.80 for Model FF (Frascati), $257.35 for Model GG
(Veneto), $288.45, for Model HH (Milano), $288.45 for Model II-X, $292.34 for Model II-N (Positano),
and $368.54 for Model JJ (San Pietro). The Developer agrees to pay the portion of the Common
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Expenses during the Guaranty Period which exceed the amount assessed against Unit Owners. In
consideration of said guaranty, the Developer shall be excused from paying monthly Assessments for
Units which it owns during the Guaranty Period. After the initial stated period, the Developer may, from
time to time, and at any time, in its sole discretion, extend the Guaranty Period for one or more additional
six (6) month periods by instrument in writing delivered to the Association.
K. Working Capital Fund. The Developer will cause to be collected from the initial purchaser of
a Unit a fee equivalent to two month's maintenance for said Unit, except such fee shall not be due in
connection with a sale of Units to a successor Developer, but such successor Developer shall collect the
same at the time it sells each such Unit. These monies will be turned over to the Association within sixty
(60) days after the closing of the sale of the Unit and used for unforeseen capital expenditures or to
purchase additional equipment or services or for maintenance cost overruns once the Developer no longer
guarantees the monthly Assessments. Notwithstanding the foregoing, initial contributions will not be
used for payment of Common Expenses until the expiration of the Guaranty Period.
ARTICLE 9
THE DOCKS
A. The Developer has constructed a total of sixty-two (62) slips and associated improvements
and has condominiumized the same, which are designated hereunder as “The Docks at Bellagio.” The
slips are accessible by the Docks, a portion of which is the Bellagio Condominium Dock Component and
treated as a Common Element of this Condominium and a portion of which is the Docks Condominium
Dock Component which is owned and constitutes a part of The Docks at Bellagio. The Developer as
owner of all of the Docks herein and hereby grants non exclusive perpetual easements over all of the
Docks, excluding the boat slips/units owned by third parties, to the Unit Owners and to the owners of the
slips in The Docks at Bellagio and their respective, lessees, guests, and invitees.
B. The Association will be responsible for the maintenance of the Docks (other than those
limited common elements, if any, that are required to be maintained, repaired or replaced by the owners
of a boat slip in accordance with the provisions of the declaration of condominium of The Docks at
Bellagio). Such maintenance costs shall be a common expense of the Docks.
C. In the event that the Association does not comply with the maintenance requirements set forth
above, the owner’s association for The Docks at Bellagio may notify the Association and give them thirty
(30) days to correct any maintenance deficiencies, provided if the deficiencies can not be corrected within
said thirty (30) day period, the Association shall have additional time to complete the required
maintenance so long as the corrective work is commenced within the thirty (30) day period and diligently
pursued to completion. If such corrective action is not timely undertaken and diligently pursued to
completion, then the owner’s association for The Docks at Bellagio, may perform the same. To the extent
that the owner’s association for The Docks at Bellagio performs maintenance, repairs or replacements
pursuant to this section, the costs of which are to be shared between the two condominiums as set forth in
Section D below, then, the Association will pay its proportionate share of said costs within thirty (30)
days of being provided with written notice specifying the amount of any costs incurred by The Docks at
Bellagio. If not promptly paid, then The Docks at Bellagio may undertake legal action against the
Association for unpaid amounts. Any amount due shall bear interest at the rate of twelve percent (12%)
per annum from ten (10) days after the date due until paid.
D. Attached hereto as Exhibit “H” is a preliminary budget for operation of the Docks. As set
forth above the Docks Condominium Dock Component is part of The Docks at Bellagio and the Bellagio
Condominium Dock Component is part of this Condominium. As it is impossible to realistically assign
maintenance and operating obligations between the two condominiums, it is agreed that the Association
will maintain all of the Docks and will bill The Docks at Bellagio Condominium one half (1/2) of all
maintenance, repair, replacement and operation costs related to the Docks in accordance with an approved
budget. The Docks at Bellagio will pay its respective obligations on a quarterly basis in advance on the
first day of January, April, July and October of each year. The Association will prepare a budget on an
annual basis and will submit said proposed budget to The Docks at Bellagio for its reasonable approval.
Once approved, the budget shall control with respect to quarterly payments due by The Docks at Bellagio.
If disapproved, the prior year’s budget shall control with a ten percent (10%) increase; in the alternative,
either party may request that the amount of the budget be determined by binding arbitration conducted by
a single arbiter selected by the Association; provided until any such arbitration proceeding is completed,
the Docks will be operated at 110% of the prior year’s budget. Such arbitration shall determine the
amount of the budget for the following year and shall be binding on both parties. The arbitration shall be
binding on all parties and performed in accordance with the rules of the American Arbitration
Association. If The Docks at Bellagio Condominium’s quarterly payments are not promptly paid, then
this Condominium may file a lien against (i) a boat slip in The Docks at Bellagio Condominium, owned
by anyone who has not paid his/her monthly assessment, and/or (ii) The Docks at Bellagio’s property,
which lien(s) may be foreclosed in the manner of a mortgage. Any amount due shall bear interest at the
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ate of twelve percent (12%) per annum from the date due until paid. Any lien or any lien rights granted
hereunder will be subordinate and inferior in all respects to mortgage financing now or hereafter placed
on either property without need for the filing of any subordination agreement
E. Pursuant to the OEA Agreement, as amended, the Venezia and its tenants, guests and invitees
shall have access to the Docks, except for boat slips/units owned by third parties, and a right to use and
enjoy the facilities located on the Docks. In consideration for said privileges, the Venezia has agreed to
pay for one quarter (1/4) of the total maintenance costs associated with the Docks. In accordance with the
budget, attached as Exhibit “H”, the initial obligation, subject to budget changes, shall be $27,910.00 per
year payable in quarterly installments in advance on the first day of January, April, July and October of
each year.
F. If the waterway serving the Docks needs to be dredged or the Docks are damaged by
casualty, wear and tear or otherwise, and the Docks, or any part thereof, need to be repaired or replaced,
as reasonably determined by the Association, then in such event, the Association agrees that (subject to
obtaining all necessary government and regulatory approvals) it will undertake such dredging or
repair/replacement. The Board of Directors will prepare an estimated budget of the costs of such
dredging or repair/replacement and deliver the same to the Association as an estimate only; provided,
however, that the Association will not be bound by such estimate so long as it acts in a commercially
reasonable manner and engages bonded, independent third party contractor(s) to obtain all required
permits and perform the work. The Association will then apply to obtain all required governmental and
regulatory permits (including, without limitation, permits by the Army Corps of Engineers and the
Department of Environmental Protection) necessary to complete the dredging or repair/replacement and
will diligently pursue obtaining the same. If all permits are obtained, the Association will proceed with
the necessary work. The Association will bill The Docks at Bellagio for three quarters (3/4) of all
dredging or repair/replacement costs. The Docks at Bellagio and/or the owners of the boat slips in the
Docks at Bellagio will pay its portion of the costs within ten (10) days from the date written demand for
payment is made by the Association. If payment by The Docks at Bellagio and/or the owners’ of the boat
slips in the Docks at Bellagio is not promptly paid when due, then the Association may file a lien against
(i) the boat slips in The Docks at Bellagio owned by anyone who has not paid his/her special assessment,
and/or (ii) The Docks at Bellagio’s property, which lien(s) may be foreclosed in the manner of a
mortgage. Any amount due shall bear interest at the rate of twelve percent (12%) per annum from the
date due until paid. Any lien or any lien rights granted hereunder will be subordinate and inferior in all
respects to mortgage financing now or hereafter placed on either property without need for the filing of
any subordination agreement.
ARTICLE 10
SHARED RIGHTS AND EXPENSES
Pursuant to the OEA Agreement, as amended, the occupants of the Venezia Property have a nonexclusive
right, together with the Unit Owners in this Condominium, to utilize the Entryway Feature and
Main Entryway, as those terms are defined in the OEA Agreement. In accordance with the OEA
Agreement, the owner(s) of the Venezia Property have an obligation to pay the Association for a portion
of the maintenance costs for these items.
ARTICLE 11
ASSOCIATION
A. Association. Prior to the date of the recording of this Declaration there will be or has been
created under the laws of the State of Florida THE GRAND BELLAGIO AT BAYWATCH
CONDOMINIUM ASSOCIATION, INC., a corporation not-for-profit, herein called the Association,
which shall be responsible for the administration, operation, maintenance, repair and replacement of the
Condominium Property and which shall have those powers and duties set forth in the Condominium Act,
this Declaration, the Articles of Incorporation and Bylaws. A copy of the Articles of Incorporation is
attached hereto as Exhibit “D” and a copy of the Bylaws is attached hereto as Exhibit “E” and
incorporated herein by this reference.
B. Membership. Each Unit Owner shall automatically become and be a member of the
Association for so long as such Unit Owner continues to own a Unit. Upon the termination of the interest
of the Unit Owner, membership in the Association shall thereupon terminate and transfer and inure to the
new Unit Owner succeeding in interest.
C. Limitations Upon Liability of Association. Notwithstanding the duty of the Association to
maintain and repair portions of the Condominium Property, the Association shall not be liable to Unit
Owners for injury or damage to be maintained and repaired by the Association, and caused by: (i) any
latent condition of the property; (ii) the elements; or (iii) by other Unit Owners or persons; provided, that
this limitation does nothing to void or cancel any insurance carried by the Association for Unit Owners.
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D. Restraint Upon Assignment of Shares and Assets. The share of a member in the funds and
assets of the Association cannot and shall not be assigned, hypothecated or transferred in any manner
except as an appurtenance to his/her Condominium Unit.
E. Ownership of Recreation Facilities. The Association may acquire ownership or other
possessory or use interests in lands and/or recreational facilities, whether or not contiguous to the
Condominium Property, in order to provide for the enjoyment, recreation or other use or benefit of the
Unit Owners. All recreational facilities serving the Condominium Property or Unit Owners and their
permitted tenants and invitees will be either: (i) owned in fee by the Association free and clear of all liens;
(ii) be a part of the Common Elements; or (iii) be used pursuant to an easement.
F. Powers. The Association shall have all of the powers and duties set forth in the
Condominium Act, this Declaration and in its Articles of Incorporation and Bylaws. The Board of
Directors may enter into employment agreements with auditors, attorneys and such other persons as may
be necessary for the orderly operation of the Condominium Property, and the fees and compensation to be
paid to said parties will be a Common Expense subject to assessment.
G. Voting Rights. Each Unit shall be entitled to membership in the Association and to one vote
to be cast by its Owner in accordance with the provisions of the Bylaws and the Articles of Incorporation
of the Association.
ARTICLE 12
COMMON SURPLUS
Common Surplus shall be the excess of all receipts of the Association including, but not limited
to, assessments, special assessments, rents and revenues on account of the Common Elements over the
amount of common expense. Each Unit Owner shall own an undivided share in any Common Surplus in
the same percentage as such Owner’s share of the Common Elements, as set forth in Article 5 Section A
above. All Common Surplus shall be held and administered by the Association on behalf of the Unit
Owners and may be credited to the Unit Owners at such times and in such amounts as the Board of
Directors shall deem fit or otherwise expended by the Association for the benefit of the Unit Owners as
the Board of Directors may determine; provided, however, that no distribution of the Common Surplus
shall be made contrary to the requirements of Chapter 617 of the Florida Statutes.
ARTICLE 13
SEPARATE REAL ESTATE TAXES
Real estate taxes are to be separately assessed to each Unit for the Owner’s Condominium Parcel,
as provided in the Condominium Act. If for any year such taxes are not separately assessed to each Unit
Owner, then each Unit Owner shall pay his/her proportionate share thereof based upon the percentage of
his/her share of the Common Elements set forth in Article 5 Section A above.
ARTICLE 14
UTILITIES
Each Unit Owner shall pay for the telephone, television, electricity and other services or utilities
that are separately metered or billed to each user or Unit by the respective utility company, service
provider or the Association. Utilities which are not separately metered or billed and for the benefit of Unit
Owners collectively shall be part of the Common Expenses.
ARTICLE 15
INSURANCE
A. Hazard Insurance. The Board of Directors acting on behalf of the Association, Unit Owners
and their mortgagees, as their interests may appear, shall insure the Condominium Property (except for
the area of the Docks which is constituted as part of this Condominium Property) against loss or damage
by fire and such other hazards as are covered under standard extended coverage provisions for the full
insurable replacement cost of the Condominium Property (except for the area of the Docks which is
constituted as part of this Condominium Property).
B. Insured Property. Insurance coverage shall be written in the name of and the proceeds thereof
shall be payable to the Association or the Board of Directors as the trustees for the Unit Owners and their
respective mortgagees, if any, as their interests may appear. If agreeable to the insurer, policies shall
include provisions that they be without contribution, and that the insurer waives its rights of subrogation
as to any claims against the Unit Owners.
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C. Loss or Damage. In the event of loss or damage to the Condominium Property, the proceeds
shall be applied to restore the same to substantially the same condition in which it existed prior to such
loss or damage, with each Unit and the Common Elements having substantially the same size, location
and dimensions as before. In the event such restoration or repair shall not be substantially in accordance
with the original plans and specifications, such restoration and repair shall require the approval of not less
than fifty-one percent (51%) of the total voting interests of the Association and the approval of not less
than fifty-one percent (51%) of the holders of first mortgages on Units within the Condominium.
D. Total Destruction. In the event of a total destruction of the entire Condominium Property or if
a building or buildings are damaged or destroyed rendering two-thirds or more of the Units untenantable,
the owners of not less than fifty-one percent (51%) of the total voting interests in the Association and the
approval of not less than fifty-one percent (51%) of the holders of first mortgages on Units may elect to
reconstruct or replace the buildings. In the event of such an election to reconstruct or replace, the payment
of the expense thereof shall be made as provided in the Article 15 below. If a majority shall elect not to
reconstruct or replace, the Condominium may be terminated as provided in Article 20 of this Declaration.
E. Use of Proceeds. The net proceeds of any insurance collected shall be made available for the
purpose of restoration or replacement. If the insurance proceeds are insufficient to cover the entire
expenses of reconstruction or replacement, the additional expense shall be paid by all of the Unit Owners
directly affected by the damage in proportion to the insured valuation of their respective Units. If any
such Unit Owner shall refuse to make the required payments, the Association shall levy a charge in an
amount proportionate to the insured valuation of the Unit against the Unit Owner. The proceeds of such
charges and of the insurance shall be paid to the Association for the purpose of covering the expense of
repair and replacement. In the event any Unit Owner or Unit Owners shall fail to respond to the charge by
payment thereof within ten (10) days, the Board of Directors shall have the authority to cause such
restoration or reconstruction to be accomplished and to charge the proportionate expense thereof, less any
applicable insurance credits, to such Unit Owners as a Common Expense. The Association may enforce
the provisions hereof and collect any sums due hereunder in the manner provided in Section 718.303 of
the Florida Statutes.
F. Liability Insurance. The Association shall have the authority to and shall obtain
comprehensive public liability insurance in a minimum amount of $2,000,000 and workmen’s
compensation insurance and other liability insurance as it may deem desirable, insuring each Unit Owner
and the Association, the Board of Directors, and managing agent from liability in connection with the
Common Elements. Where agreeable to the insurer, all liability insurance policies shall contain crossliability
endorsements to cover liabilities of the Unit Owners collectively or to a Unit Owner individually.
G. Flood Insurance. If it shall be determined that the Condominium Property is located in a
special flood hazard area, the Association shall have the authority to and shall obtain flood insurance in an
amount not less than the maximum available coverage under the National Flood Insurance Program for all
buildings and other insurable property within the Condominium, or full current replacement cost unless
one hundred percent (100%) of the total voting interests in the Association shall determine that such flood
insurance shall be in an amount less than full insurable replacement cost.
H. Bonding and Other Insurance. The Association shall maintain insurance or fidelity bonding
on all persons having authority to control or disburse funds of the Association in an amount equal to a
sum that will cover the maximum funds that will be in the custody of the Association or its management
agent at any one time. The Association shall have the authority to maintain such other insurance coverage
as the Board of Directors may from time to time deem appropriate.
I. Premiums. The premiums for all insurance purchased pursuant to the provisions of this article
shall be Common Expenses. If agreeable to the insurer, such policies shall include a provision that
coverage will not be terminated for non-payment of premiums without ten (10) days’ prior written notice
to each Unit mortgagee.
J. Excess Liability. In any legal action in which the Association may be exposed to liability in
excess of insurance coverage protecting it and the Unit Owners, the Board of Directors shall give notice
of the exposure within a reasonable time to all Unit Owners who may be exposed to the liability and they
shall each have the right to intervene and defend.
K. Inspection of Insurance Policies. A copy of each insurance policy obtained by the Association
shall be made available for inspection by Unit Owners at reasonable times.
L. Individual Insurance Responsibility. Each Unit Owner shall be responsible for obtaining
insurance on the contents of his/her Unit, including wall, ceiling and floor coverings and Owner’s
personal property stored elsewhere on the Condominium Property, and including all additions and
improvements made to his/her Unit other than the fixtures, installations or additions initially installed or
12

eplacements thereof in accordance with the original Condominium plans and specifications, and his/her
personal liability to the extent not covered by the liability insurance for all of the Unit Owners obtained as
part of the Common Expenses as above provided.
M. Association as Attorney-in-Fact. In undertaking the responsibilities set forth in this Article,
the Association is hereby designated and shall be the attorney-in-fact for all Unit Owners for the purpose
of purchasing and maintaining such insurance, including but not necessarily limited to, the collection and
appropriate disposition of the proceeds thereof, the negotiations of losses and execution of releases of
liability, the execution of all documents, and the performance of all other acts necessary to accomplish the
purposes of this Article.
N. Insurance Trustee. “Insurance Trustee” shall mean any person or entity with fiduciary trust
powers under Florida law appointed by the Board of Directors in its discretion. If the Board of Directors
fails or elects not to appoint such Trustee, the Association will perform directly all obligations imposed
upon such Trustee by this Declaration. Fees and expenses of any Insurance Trustee are Common
Expenses.
O. The Docks at Bellagio. The Docks at Bellagio shall also carry liability insurance with
respect to the Bellagio Condominium Dock Component.
ARTICLE 16
MAINTENANCE, REPAIRS AND REPLACEMENT
A. By the Association. The Association shall maintain, repair and replace at the Association's
expense:
1. All Common Elements including, but not limited to, all roofs and all Limited
Common Elements, except: (i) Unit Owners shall maintain the air conditioner condenser for
his/her Unit; and (ii) Unit Owners shall be responsible for general cleaning and housekeeping of
Limited Common Elements appurtenant to his/her Units.
2. All portions of a Unit contributing to the support of the Unit except interior surfaces,
which portions shall include but not be limited to load-bearing columns and load-bearing walls,
but shall not include screening, windows, entrance doors, glass and interior surfaces of walls,
ceilings and floors.
3. All conduits, ducts, plumbing, wiring, air conditioning pipes and other facilities for
the furnishing of utility services, including air conditioning, contained in the portions of a Unit
that service a part of the Condominium Property or a Unit other than the Unit within which
contained.
4. All incidental damage caused to a Condominium Unit by reason of maintenance,
repair and replacement accomplished pursuant to the provisions of Article 16 (A) (1), (2), and (3)
above.
B. By the Unit Owner. The responsibility of the Condominium Unit Owner for maintenance,
repair and replacement shall be as follows:
1. To maintain, repair, and replace at his/her sole and personal expense all entrance
doors and other doors within a Unit, door bells, door knockers, windows, glass, screens, air
conditioners, electrical panels, electric wiring, electric outlets and fixtures, and plumbing fixtures
and connections within a Unit, that exclusively serve such Unit or belong to a Unit Owner,
interior surfaces of all walls, floors and ceilings and all other portions of his/her Unit, except the
portions specifically to be maintained, repaired and replaced by the Association. Additionally,
the Unit Owner shall be responsible for the general cleaning, repair, replacement, and
maintenance of his/her Limited Common Elements. All maintenance, repairs, and replacements
to be done by Unit Owner shall be done without unreasonably disturbing the rights of other Unit
Owners.
2. To refrain from enclosing, painting, or otherwise decorating or substantially changing
the appearance of any portions of the Limited Common Elements appurtenant to his/her Unit or
of the exterior of any door to his/her Unit, without the express written consent of the Board of
Directors.
3. To refrain from changing or in any way altering the landscaping of the Limited
Common Elements without the express written consent of the Board of Directors. Such consent
shall not be unreasonably withheld. However, the Board of Directors may not consent to the
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planting of any tree, shrub, or other plant if such may cause damage to any structure or utility line
or if it will cause messy litter or will in any way constitute a nuisance.
4. To promptly report to the Association any defect or need for repairs for which the
Association is responsible.
5. To maintain, repair, and replace the interior of its Unit, any outside doors and
windows associated with its Unit, including doors leading to any balconies and stairwells; and the
garage doors of the attached parking garage (if any) assigned to the Unit Owner. All maintenance,
repairs, and replacements to be done by Unit Owner shall be done without unreasonably
disturbing the rights of other Unit Owners. If windows and garage doors are not promptly
replaced when needed, then upon ten (10) days notice and failure to act, the Association may, at
the expense of the Unit Owner, undertake said repairs and invoice the Unit Owner for
reimbursement. If the invoiced amount is not paid within ten (10) days, the amount shall be
treated like a special assessment against the Unit Owner.
C. Unit Owner Negligence. If, due to the negligent act or omission of a Unit Owner, or of a
member of the Owner’s family or household pet or of a guest or other authorized occupant or visitor of
such Unit Owner, damage shall be caused to the Common Elements or to a Unit or Units owned by
others, or maintenance, repairs or replacements shall be required which would otherwise be a Common
Expense, such Unit Owner shall pay all insurance deductibles and other costs not covered by insurance
related to the repairs and replacements required to fix such damage. Maintenance, repairs and
replacements to the Common Elements or the Units shall be subject to the provisions of this Declaration
of Condominium.
D. Access to Units. To the extent that equipment, facilities and fixtures within any Unit or Units
shall be connected to similar equipment, facilities or fixtures affecting or serving other Units or the
Common Elements, then the use thereof by the individual Unit Owners shall be subject to the rules and
regulations of the Association. The Association has the irrevocable right of access to each Unit during
reasonable hours, when necessary for the maintenance, repair or replacement of any Common Elements
or of any portion of a Unit to be maintained by the Association pursuant to the Declaration or as
necessary to prevent damage to the Common Elements or to a Unit or other Units.
E. Emergency Access. The Association has the irrevocable right of access to each Unit during
reasonable hours, when necessary for the maintenance, repair, or replacement of any Common Elements
or for making emergency repairs necessary to prevent damage to Common Elements or to another Unit or
Units.
F. Authority to Grant Easements. The Association shall have the authority to grant permits,
licenses and easements over the Common Elements, and to move or modify the same, for utilities, ingress
and egress, cable television service and for other purposes reasonably necessary or useful for the proper
maintenance or operation of the Condominium Property.
ARTICLE 17
ALTERATIONS, ADDITIONS AND IMPROVEMENTS
Alteration and improvement of the Condominium Property and restrictions thereon shall be as
follows:
A. By the Developer. Developer reserves the right to change the interior design and
arrangement of any Units the Developer owns. So long as Developer owns the Units altered, the
Developer, with the approval of a majority of the total voting interest required for amendments by Section
718.110(4) F.S. may alter the boundaries between Units and the Common Elements. If at the time such
amendment to the plans is made this Declaration has been recorded among the Public Records of the
County, such amendment of the plans shall be reflected by an amendment of this Declaration signed and
acknowledged only by the Developer and by the Association and if necessary, approved by the
Institutional Mortgagees of Condominium Units materially and adversely affected thereby, whether the
affected Condominium Units are encumbered by individual mortgages or by an overall construction
mortgage. An amendment for such purpose need be signed and acknowledged only by the Developer and
by the Association but need not be approved by the Unit Owners, whether or not such approval is
elsewhere generally required for an amendment of the Declaration, provided, however, that where the
consent of a specific Unit Owner or Owners is required in accordance with the provisions of this
paragraph, such consent shall be attached as an exhibit to the Amendment. Several amendments to the
plan may be reflected in a single amendment to the Declaration of Condominium. The right to make the
aforedescribed changes are with respect to the Units in a building which has been condominiumized.
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B. By the Unit Owner.
1. No Unit Owner shall make any structural addition, alteration or improvement in or to
his/her Unit without the prior written consent thereto of the Association. A Unit Owner shall
request approval of a proposed addition, alteration or improvement to his/her Unit in writing and
shall submit with such request, the plans therefor to the Association.
2. No Unit Owner, other than the Developer, may alter or add to the Common Elements,
including the Limited Common Elements appurtenant to his/her Unit, or to any part of a Unit
(whether such part be deemed part of the Unit or of Common Elements) which abuts on Common
Elements, including Limited Common Elements, unless such alteration or addition is approved by
the Association. Notwithstanding the foregoing, a Unit Owner may combine two or more Units
owned by him, or restore to his/her original boundaries two or more Units previously combined,
upon the approval of a majority of the Association, which approval shall not be unreasonably
withheld so long as such combination or subdivision would not alter the Common Elements
(other than the interiors of nonload-bearing walls abutting such Units), and, as reasonably
determined by the Association, would not weaken, impair or endanger any of the Common
Elements.
3. All additions, alterations and improvements by the Unit Owners shall be made at
his/her sole expense in compliance with all laws, rules, ordinances and regulations of all
governmental authorities having jurisdiction. A Unit Owner making or causing to be made any
structural additions, alterations or improvements agrees, and shall be deemed to have agreed, to
hold the Association and all other Unit Owners harmless from any cost, expense or damage
resulting therefrom.
C. By the Association. The Association shall not make any alteration of, addition to or
expansion of the Common Elements the estimated cost of which exceeds Twenty-Five Thousand Dollars
($25,000.00) (which threshold amount shall be increased by ten percent (10%) every twelve (12) months,
cumulative and compounded, from the date this Declaration is recorded) or any alteration which
materially adversely affects the use of any recreational facilities unless the plans and expenditure for it are
first approved at a duly called meeting by a majority of all Unit Owners entitled to vote in the
Association. Nothing in this Article 16, Section C shall bar the Association from making reasonably
required repairs, replacements or refurbishments of existing Common Elements the cost of which exceeds
the foregoing sum without a vote of the membership.
ARTICLE 18
ENCROACHMENTS
If any portion of the Common Elements shall encroach upon any Unit, or if any Unit shall
encroach upon any portion of the Common Elements, as the Common Elements and Units are shown by
the surveys comprising the plat attached hereto as Exhibit “B”, there shall be deemed to be mutual
easements in favor of the owners of the Common Elements and the respective Unit Owners involved to
the extent of such encroachments so long as they shall exist.
ARTICLE 19
TRANSFER OF UNITS
In order to maintain a community of congenial residents, protect the value of the Units, and to
ensure the financial ability of each Unit Owner to pay assessments made against him, the transfer or
leasing of any Unit by any Owner other than the Developer shall be subject to the following provisions so
long as the Condominium exists, which provisions each Unit Owner covenants to observe.
A. Transfers Subject to Approval.
1. Sale and Gift. Except as provided in Article 18(B), a Unit Owner may not sell,
convey or transfer a Unit or any interest therein without the approval of the Association.
2. Lease. A Unit Owner may not lease a Unit or any interest therein for a term of less
than seven (7) months or more than three (3) years (including options to renew). A Unit Owner
must also obtain approval of the Association, which approval may be arbitrarily denied, prior to
entering into any lease. Every lease shall specifically provide (or, if it does not, shall be
automatically deemed to provide) that a material condition of the lease shall be the tenant’s full
compliance with the covenants, terms, conditions and restrictions of this Declaration of
Condominium (and all exhibits hereto) and with any and all rules and regulations adopted by the
Association from time to time (before or after the execution of the lease). The Unit Owner will
be jointly and severally liable with the tenant to the Association for any amount which is required
by the Association to repair any damage to the Common Elements resulting from acts or
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omissions of the tenant (as determined in the sole discretion of the Association), ordinary wear
and tear excepted, and to pay any claim for injury or damage to property caused by the negligence
of the tenant. All leases are hereby made subordinate to any lien filed by the Association,
whether prior or subsequent to such lease.
B. Transfers NOT Subject to Approval.
1. Devise, Inheritance or Operation of Law. If any Unit Owner shall acquire his/her
title by devise, inheritance, or operation of law, the same shall not be subject to the approval of
the Association.
2. Family Transfers. A transfer of a Unit to the Unit Owner's spouse, children or
parents, trusts where the beneficiaries are the Unit Owner or the Unit Owner's spouse, children or
parents, or family partnerships where the partners are the Unit Owner or the Unit Owner's spouse,
children or parents shall not be subject to the approval of the Association.
3. Mortgagees. A Unit Owner may freely mortgage or encumber his/her Unit without
the approval of the Association.
4. Developer. Transfers by the Developer.
C. Approvals. The approvals when required for the transfer or leasing of ownership of a Unit
shall be obtained in the following manner:
1. Notice to Association.
(a) Sale. A Unit Owner intending to make a bona fide sale of his/her Unit or any
interest therein shall give the Association notice in writing of such intention, together
with a fee of fifty dollars ($50.00), the name and address of the intended purchaser, and
such other information concerning the intended purchaser as the Association may
reasonably require. Such notice may include a demand by the Unit Owner that the
Association furnish a purchaser if the proposed purchaser is not approved and, if such
demand is made, the notice shall be accompanied by an executed copy of the proposed
contract to sell which contract shall be executed by the purchaser and seller and is to
contain a provision reciting that the contract is subject to the approval of the Association
as provided for in the Declaration of Condominium.
(b) Lease. A Unit Owner intending to lease his/her Unit or any interest therein
shall give to the Association notice, in writing of such intention, together with a fee of
fifty dollars ($50.00), the name and address of the intended lessee, and such other
information concerning the intended lessee as the Association may reasonably require.
The notice shall be accompanied by an executed copy of the proposed lease which lease
shall be executed by the lessor and lessee and is to contain a provision reciting that the
lease is subject to the approval of the Association as provided for in the Declaration of
Condominium.
(c) Failure to Notify. If the notice to the Association herein required is not
given, then at any time after receiving knowledge of the transaction or event transferring
ownership or leasing of a Unit, the Association, at its election and without notice, may
approve or disapprove the transaction or event. If the Association disapproves the
transaction or event, the Association shall proceed as if is had received the required
notice on the date of such disapproval. Additionally, any transfer of title to a Unit not
approved or disapproved by Association within one year from the recordation of the deed
of conveyance shall be deemed approved by the Association, without further act or
without recordation of a Certificate of Approval.
2. Certificate of Approval. Within fifteen (15) days after receipt of notice, the
Association shall either approve or disapprove the proposed transaction. All approvals shall be
evidenced by certificates executed by the President or Secretary of the Association, which
certificates shall be in recordable form, delivered to the seller, and recorded by the seller or the
buyer in the public records of Pinellas County, Florida, except that certificates of approval
relating to a leasehold interest are to be in non-recordable form. If the prospective transferee of a
Unit or an interest therein is a corporation, trust, or other non-personal entity, the approval shall
be conditioned upon the requirement that all persons occupying the Unit be approved by the
Association.
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D. Disapproval by Association. If the Association shall disapprove of any leasing or transfer of
a Unit requiring the approval of the Association under this Declaration of Condominium, the following
provisions shall be applicable to the transaction:
1. Sale. Within fifteen (15) days after receipt by the Association of the documents
described in Section C hereof, the Association shall deliver or mail by certified mail to the Unit
Owner an agreement to purchase duly executed by a purchaser, who may be the Association or a
person approved by the Association. The Unit Owner shall sell the Unit upon the following
terms:
(a) At the option of the purchaser, and which shall be stated in the agreement,
the price to be paid shall be that stated in the disapproved contract. The terms, conditions
and provisions of the contract of sale shall be as stated in the disapproved contract except
that the purchaser may elect to pay all cash at the time of closing. The sale shall be
closed on the later of (i) thirty (30) days after the delivery or mailing to the Unit Owner
of the agreement to purchase, or (ii) the date set forth in the disapproved contract.
(b) If the Association shall fail to purchase or provide a purchaser upon the
demand of the Unit Owner in the manner provided, or if a purchaser provided by the
Association shall default in the agreement to purchase, the proposed transaction shall
deemed to have been approved by the Association and the Association shall furnish a
Certificate of Approval as elsewhere provided.
2. Lease. If the Unit Owner shall be advised in writing of the Association's disapproval
of a lease pursuant to the Association’s right to disapprove a lease as set forth in Section A, then
the lease shall be void and of no effect and the lessee shall have no leasehold interest.
ARTICLE 20
CASUALTY AND CONDEMNATION
A. Reconstruction or Repair After Casualty.
1. Determination to Reconstruct or Repair. If any part of the Common Elements shall
be damaged to the extent that reconstruction or repair is necessary, the determination of whether
or not it shall be reconstructed or repaired shall be made in the following manner:
(a) Common Elements. If the damage is solely to a portion or portions of the
Common Elements and does not extend to the Units, the same shall be reconstructed or
repaired.
(b) Common Elements and Units.
(i) Partial Destruction. If less than 75% of the Condominium
Property is substantially damaged or destroyed, then the Condominium Property
(not including furniture, furnishings or other personal property supplied or
installed by any Occupant or Unit Owner other than the Developer) shall be
reconstructed and repaired unless, within sixty days after notice is given to all
Unit Owners and Institutional Mortgagees of the amount of such insurance which
is forthcoming, at least (i) 75% of the Unit Owners, (ii) mortgagees holding
Institutional Mortgages on at least 75% of the Condominium Parcels which are
encumbered by Institutional Mortgages, and (iii) the Developer (so long as the
Developer owns at least one Unit in the Condominium), shall agree in writing
that the same shall not be reconstructed or repaired.
(ii) Total Destruction. If seventy five percent (75%) or more of the
Condominium Property is substantially damaged or destroyed, then the
Condominium Property shall not be reconstructed or repaired unless, within sixty
days after notice is given to all Unit Owners and Institutional Mortgagees of the
extent of the damage and the amount of such insurance which is forthcoming, at
least (i) 75% of the Unit Owners, (ii) mortgagees holding Institutional Mortgages
on at least 75% of the Condominium Parcels which are encumbered by
Institutional Mortgages, and (iii) the Developer (so long as the Developer owns
at least one Unit in the Condominium), agree in writing that the same shall be
reconstructed or repaired.
(iii) Termination of Condominium. In the event the reconstruction of
the Condominium is not commenced within ninety (90) days of (i) receipt of any
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insurance proceeds and (ii) obtaining of all of the necessary governmental or
regulatory permits and reconstruction is not diligently pursued thereafter, the
Condominium shall be terminated and the Association shall record a statement to
that effect in the Public Records of Pinellas County, Florida. The termination of
the Declaration does not bar the creation of another condominium affecting all or
any portion of the same property.
(c) Certificate. The Insurance Trustee may rely upon a certificate of the
Association made by its President and Secretary to determine whether a decision has
been made to reconstruct or repair.
2. Plans and Specifications. Any reconstruction or repair must be substantially in
accordance with the plans and specifications for the original improvements including those for
any authorized alteration or improvements made after this Declaration is recorded or, if not in
accordance with such plans and specifications, then according to the plans and specifications
approved by the Board of Directors of the Association, the Developer and by one hundred percent
(100%) of all Unit Owners and mortgagees holding liens thereon. If the foregoing approvals are
not given within thirty (30) days of plans therefor being submitted to each person or entity whose
approval is required hereunder, reconstruction and repair shall be made in accordance with the
original plans and specifications as amended, with such changes as may be necessitated by
changes in statutes, rules, regulations and ordinances affecting the Condominium Property.
3. Responsibility. If the damage is only to those parts of Condominium Units for which
the responsibility of maintenance and repair is that of Unit Owners, then the Unit Owners shall be
responsible for reconstruction and repair after casualty. In all other instances, the responsibility
of reconstruction and repair after casualty shall be that of the Association.
4. Estimates of Costs. Immediately after a determination is made to rebuild or repair
damage to property for which the Association has the responsibility of reconstruction and repair,
the Association shall obtain reliable and detailed estimates of the cost to rebuild or repair.
5. Assessments and Special Charges for Reconstruction and Repair.
(a) Common Elements. Assessments shall be made against all Unit Owners in
amounts sufficient to provide funds for the payment of such costs not covered by
insurance. Such assessments shall be in proportion to each Unit Owner's share in the
Common Elements.
(b) Condominium Units. Special Assessments shall be made against the Unit
Owners who own the damaged Units in sufficient amounts to provide for payments for
the costs of reconstruction and repair not covered by insurance. Such Special
Assessments against Unit Owners for damage to Units shall be in proportion to the cost
of reconstruction and repair of his/her respective Units.
6. Condominium Funds. The funds for the payment of costs for construction and repair
after casualty, which shall consist of the proceeds of insurance held by the Association or the
Insurance Trustee and funds collected by the Association from assessments against Condominium
Unit Owners, shall be disbursed in payment of such costs in the following manner:
(a) By Whom Held. If the total 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 (as such amount may increase from year to year
as hereinbefore provided) and if an Insurance Trustee has been appointed, then the sums
paid upon such assessments shall be deposited by the Association with the Insurance
Trustee. 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) Insurance Trustee. The proceeds of insurance collected on account of a
casualty and the sums deposited with the Insurance Trustee by the Association 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:
(i) Association - Lesser Damage. If an Insurance Trustee has been
appointed and is holding insurance proceeds and if the amount of the estimated
cost of reconstruction and repair which is the responsibility of the Association is
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less than $25,000.00 (as such amount may increase from year to year as
hereinbefore provided), then the construction fund shall be disbursed in payment
of such costs upon the order of the Board of Directors.
(ii) Association - Major Damage. If the amount of the estimated
cost of reconstruction and repair which is the responsibility of the Association is
equal to or greater than $25,000.00 (as such amount may increase from year to
year as hereinbefore provided), then the construction fund shall be disbursed in
payment of such costs in the manner required by the Board of Directors, subject
to the approval of an architect qualified to practice in Florida and employed by
the Association to supervise the work.
(c) Condominium Unit Owner. The portion of insurance proceeds representing
damage for which the responsibility of reconstruction and repair lies with a Unit Owner
then after the Association or Insurance Trustee, if any, receives such proceeds from the
insurance company, the Association or Insurance Trustee, if any, shall pay such proceeds
to the Unit Owner, or if there is a mortgage on such Condominium Unit, then to the Unit
Owner and the mortgagee jointly, who may use such proceeds as they may be advised.
(d) Surplus. It shall be presumed that the first monies disbursed in payment of
costs of reconstruction and repair 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
which the fund is established, such balance shall be distributed first to those Unit Owners
who may have been specially charged for their proportionate share of an anticipated
deficiency and then to the beneficial owners of the fund in their proportionate share;
except, however, that the part of a distribution to a beneficial owner which is not in
excess of the funds paid by such owner into the construction fund shall not be made
payable to any mortgagee.
(e) Certificate. Notwithstanding the provisions herein, the Insurance Trustee
shall not be required to determine whether or not sums paid by Condominium 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 Unit
Owners, nor to determine any other fact or matter relating to its duties hereunder.
Instead, the Insurance Trustee may rely upon a certificate of the Association made by its
President and Secretary as to any or all of such matters, and stating that the sums to be
paid are due and properly payable and stating the name of the payee and 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 an Institutional Mortgagee which is the beneficiary of an
insurance policy the proceeds of which are included in the construction fund, so requires,
the approval of an architect named by the Association shall first be obtained by the
Association and a copy of such approval shall be provided to the Insurance Trustee.
B. Condemnation.
1. Deposit on Awards with Insurance Trustee. If any of the Common Elements are
taken by condemnation or are conveyed in lieu thereof, the awards for that taking shall, for the
purposes of this Declaration, be deemed to be proceeds from insurance on account of a casualty
causing damage to the Common Elements within the meaning of this Article, and shall be
deposited with the Insurance Trustee or the Association, as the case may be. Even though the
awards may be payable to Unit Owners, the Unit Owners shall deposit the awards (except for
relocation or temporary housing expenses awarded to Unit Owners) with the Insurance Trustee or
the Association; and in the event of the failure of any Unit Owner to do so, the Board of Directors
may, at its discretion, levy a Special Charge against such Unit Owner in the amount of his/her
award, or the amount of that award shall be setoff against any sums hereafter made payable to
that Owner pursuant to this Article.
2. Determination Whether to Continue Condominium. Whether the Condominium will
be continued after condemnation will be determined in the manner provided in this Article for
determining whether damaged Common Elements and Units will be reconstructed and repaired
after casualty. For this purpose, the taking by condemnation shall be deemed to be a casualty.
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3. Disbursement of Funds. If the Condominium is terminated after condemnation, the
proceeds of the condemnation awards and Special Assessments will be deemed to be insurance
proceeds and shall be owned and distributed in the manner provided in this Declaration for the
distribution of insurance proceeds if the Condominium is terminated after damage to the
Common Elements and Units. If the Condominium is not terminated after condemnation, the size
of the building will be reduced and the property damaged by the taking will be made usable in the
manner provided below. The proceeds of said awards and Special Assessments shall be used for
these purposes and shall be disbursed in the manner provided for disbursement of funds by the
Insurance Trustee after damage to the Common Elements.
4. Unit Reduced but Habitable. If the taking reduces the size of a Unit and the
remaining portion of the Unit can be made habitable, the award for the taking of a portion of the
Unit shall be used for the following purposes in the order stated, and the following changes shall
be effected in the Condominium.
(a) Restoration of Unit. The Unit shall be made habitable. If the cost of the
restoration exceeds the amount of the award, and the Unit Owner does not within a
reasonable period of time provide the additional funds required for restoration, such
additional funds may, in the discretion of the Board of Directors, be expended for
restoration by the Association and be assessed against the Unit Owner as a Special
Assessment.
(b) Distribution of Surplus. The balance of the award, if any, shall be distributed
to the Owner of the Unit and to the holder of any Institutional Mortgage encumbering the
Unit, the remittance being made payable jointly to the Owner and any such Institutional
Mortgagee.
(c) Adjustment of Shares in Common Elements. If the floor area of the Unit is
reduced by the taking, the percentage representing the share in the Common Elements,
the Common Expenses and the Common Surplus appurtenant to the Unit shall be reduced
in the proportion by which the floor area of the Unit is reduced by the taking, and then
the shares in the Common Elements, Common Expenses and Common Surplus
appurtenant to the other Units shall be restated as percentages of the difference between
100% and the total of the new shares as reduced by the taking so that the shares of such
other Units shall be in the same proportions to each other as before the taking and so that
the total of the percentages of such shares shall still equal 100%.
5. Unit Made Uninhabitable. If the taking is of the entire Unit or so reduces the size of
a Unit that it cannot be made habitable, the award for the taking of the Unit shall be used for the
following purposes in the order stated, and the following changes shall be effected in the
Condominium:
(a) Payment of Award. The award shall be paid first to any Institutional
Mortgagee in an amount sufficient to pay off its mortgage on such Unit; and then jointly
to the Unit Owner and other mortgagees of the Unit in an amount not to exceed the
market value of the Condominium Parcel immediately prior to the taking as diminished
by any sums from the award previously reserved for any Institutional Mortgagee; and the
balance, if any, to the repairing and replacing of the Common Elements damaged by the
taking.
(b) Addition to Common Elements. The portion of the Unit remaining after a
taking has been effectuated, if any, shall become part of the Common Elements and shall
be placed in condition for use by all of the Unit Owners in the manner approved by the
Board of Directors; provided, that if the cost of the work shall exceed the balance of the
fund from the award for the taking, the work shall be approved in the manner elsewhere
required in this Declaration for further improvement of the Common Elements.
(c) Adjustment of Shares in Common Elements, Common Expenses and
Common Surplus. The shares in the Common Elements, the Common Expenses and the
Common Surplus appurtenant to the Units that continue as part of the Condominium
Property shall be adjusted to distribute the ownership of the other shares among the
reduced number of Unit Owners. This adjustment shall be done by restating said shares
of the continuing Unit Owners as percentages aggregating 100% so that the shares
appurtenant to the Units of the continuing Unit Owners shall be in the same proportions
to each other as before the adjustment.
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(d) Assessments. If the balance of the award (after payments to the Unit Owner
and such Owner's mortgagees as above provided) for the taking is not sufficient to
finance the alteration of the remaining portion of the Unit for use as a part of the
Common Elements, the additional funds required for such purposes shall be raised by
Special Assessments against all of the Unit Owners who will continue as Unit Owners
after the changes in the Condominium Property effected by the taking. Such Special
Assessments shall be made in proportion to the shares of those Unit Owners in the
Common Elements after the changes effected by the taking, as provided above in
Subsection 5(c).
(e) Arbitration. If the market value of a Condominium Parcel prior to the taking
cannot be determined by agreement among the Unit Owner, mortgagees of the Unit and
the Association within thirty days after notice by any party, the value shall be determined
by arbitration in accordance with the then existing rules of the American Arbitration
Association, except that the arbitrators shall be two appraisers appointed by the American
Arbitration Association who shall base their determination upon an average of their
appraisals of the Condominium Parcel; and a judgment of specific performance upon the
decision rendered by the arbitrators may be entered in any court of competent
jurisdiction. The cost of arbitration proceedings shall be assessed against all Unit Owners
prior to the taking in proportion to the shares of the Unit Owners in the Common
Elements as they exist prior to the changes effected by the taking.
6. Taking of Common Elements. Awards for the taking of Common Elements shall be
used to make the remaining portion of the Common Elements usable in a manner approved by the
Board of Directors; provided, that if the cost of the work shall exceed the balance of the funds
from the awards for the taking, the work shall be approved in the manner required elsewhere in
this Declaration for further improvement of the Common Elements. The balance of the awards
for the taking of Common Elements, if any, shall be distributed to the Unit Owners in the shares
in which they own the Common Elements after adjustment of these shares on account of the
condemnation, except that if a Condominium Parcel is encumbered by an Institutional Mortgage,
the distribution shall be paid jointly to the Unit Owner and the Institutional Mortgagee of the
Condominium Parcel.
7. Amendment to Declaration. Changes to Units, the Common Elements and the
ownership of the Common Elements caused by condemnation shall be evidenced by an
amendment to this Declaration that need be approved only by a majority of the Board of
Directors.
8. Association as Agent. The Association shall represent the Unit Owners in any
condemnation proceedings or in negotiation, settlements and agreements with the condemning
authority for acquisition of the Common Elements or part thereof by the condemning authority.
Each Unit Owner hereby designates and appoints the Association as agent and attorney in fact for
the foregoing purposes.
ARTICLE 21
TERMINATION
Except as otherwise herein provided with respect to casualty loss and condemnation, this
Condominium may be terminated and the Condominium Property removed from the provisions of
Chapter 718, Florida Statutes, by consent of all of the Unit Owners and lienholders of record with liens on
Units, said consent to be evidenced by a recorded instrument to that effect. Upon termination of the
Condominium, the Condominium Property shall be owned in common by the Unit Owners in the same
undivided shares as each Unit owned in the Common Elements. Liens shall be transferred to the
undivided share in the Condominium Property attributable to the Unit originally encumbered by the lien
in its same priority.
ARTICLE 22
DEVELOPER’S PRIVILEGES
A. Transact Business. Said Developer shall have the right to transact on the Condominium
Property any business necessary to consummate the sale or lease of Units, including, but not limited to,
the right to maintain models, have signs, employees in the office, use the Common Elements and to show
Units. A sales office, office equipment, signs and all items pertaining to sales, shall not be considered
Common Elements and shall remain the property of the Developer until the Developer has sold the last
Unit in this Condominium. In the event there are unsold Units, the Developer retains the right to be the
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Unit Owner thereof, under the same terms and conditions as other Unit Owners have with its right to sell,
rent or lease Units as owned by said Unit Owners, as contained in this Declaration.
B. Assignments of Easements. The Developer shall have the right to assign Limited Common
Elements for exclusive use by specific Unit Owners as Limited Common Elements by written instrument.
The Association may grant or amend easements over and across the Condominium Property provided that
no such act or acts shall abridge or materially interfere with the rights otherwise granted to other Unit
Owners.
C. Construction, Development, and Sales. In addition to all other rights granted or reserved to
the Developer in this Declaration of Condominium, the Articles of Incorporation and the By Laws of the
Association, the Developer shall have the right to conduct on the Condominium Property, all operations
necessary in its sole discretion to complete the reconstruction and development of the Condominium
Property and to market, sell and lease the Units or other Property facilities. Irrespective of any restriction
or regulation, the Developer or its agents may enter upon the Condominium Property and operate thereon
such vehicles and equipment as shall be necessary in the sole discretion of the Developer or its agents for
such purposes. The Developer shall have the right to use any Developer owned Unit or other portion of
the Condominium Property in connection with the Developer’s program to sell or lease Units and shall
have the right to place upon the Common Elements signs designating the Developer’s sales office and
advertising Units owned by the Developer for sale or lease. Such signs may be placed in such locations
and shall be of such size and character as the Developer may determine.
D. Representation on the Board of Directors. The Developer shall have the right to select and
designate members of the Board of Directors of the Association, and to remove and replace any person or
persons selected by the Developer as a member of the Board of Directors, as provided in the Articles of
Incorporation and By Laws. No representative of the Developer serving on the Board of Directors of the
Association shall be required to disqualify herself or himself from voting on any contract or other matter
between the Developer and the Association notwithstanding any pecuniary or other interest of the
Developer. The Developer shall not be disqualified from voting on any matter which may come before
the membership of the Association with respect to any contract or other matter between the Developer
and the Association, notwithstanding any pecuniary or other interest of the Developer, Directors
appointed by Developer shall not be required to be owners of Units in the Condominium. At least a
majority of the Board of Directors who are elected by the members of the Association shall be owners of
Units in the Condominium or shall be authorized representatives, officers or employees of a corporation
or other organization which is a Unit Owner.
E. Dissolution or Merger of Developer. In the event of the dissolution of the Developer or its
merger or consolidation into any other entity which survives the Developer, all rights of the Developer
under this Declaration of Condominium or any other Condominium Document shall pass to and may be
exercised by its successor or survivor.
F. Assignability of the Developer’s Status. The status, position and rights of the Developer
under this Declaration of Condominium, the Articles of Incorporation and the By Laws of the Association
are freely assignable, in whole or in part, and any party to whom assigned shall be entitled to exercise all
of the rights so assigned. The Developer shall have the right to appoint and designate a successor who
shall succeed to the status, position and all of the rights and privileges of the Developer under this
Declaration of Condominium by a written instrument identifying and designating such successor executed
in recordable form and, upon the recording of such Instrument in the Public Records of Pinellas County,
Florida, the party named as successor shall succeed to all of the rights, privileges, exemptions and
immunities of the Developer under this Declaration of Condominium. If the assignor Developer assigns
its rights, privileges, and obligations under this Declaration, then such assignor shall be released from all
liabilities and obligations, accruing from and after the date of the assignment; it being understood and
agreed that the Developer and each successor developer shall have a responsibility only with respect to
the period of time during each is the “Developer” hereunder.
G. Assessment for Capital Improvements Actions Detrimental to Sales. Notwithstanding any
other provision of this Declaration of Condominium or any other Condominium Document, so long as the
Developer holds a Unit or Units for sale in the ordinary course of business, none of the following actions
may be taken without approval in writing by the Developer:
1. Assessment of the Developer as a Unit Owner for capital improvements or capital
additions; and
2. Any action by the Association which would be detrimental to the sales of Units by
the Developer, including such use of unsold Units and Common Elements and Association
Property as may facilitate the completion and sale of Units, maintenance of a sales office,
showing of the Property and display of signs; provided, that an increase in Assessments for
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Common Expenses without discrimination against the Developer shall not be deemed detrimental
to the sale of Units.
H. Changes in Units. The Developer shall have the right, without the vote or consent of the
Association or other Unit Owners, to make alterations, additions or improvements in, to and upon Units
owned by the Developer, whether structural or non structural, including physically combining Units.
However, in no event shall any such alteration, addition, improvement or combination interfere with the
Common Elements or Limited Common Elements or the provision of utility service to any Unit, the
Common Elements or Limited Common Elements.
ARTICLE 23
RIGHTS OF MORTGAGEES
A. Rights to Information. Upon receipt by the Association from any Institutional Mortgagee,
guarantor or insurer of a copy of the mortgage held by such mortgagee, guarantor or insurer on a Unit,
together with a written request from such mortgagee, or a guarantor or insurer of such mortgagee
specifying the address to which the following items are to be sent, the Association may send to such
mortgagee, insurer or guarantor the following, and for which the Association may charge a reasonable
fee:
1. a copy of a financial statement of the Association for the immediately preceding
fiscal year;
2. written notice of the cancellation or termination by the Association of any policies of
insurance covering the Condominium Property or the Association Property or any improvements
thereon, or any fidelity bonds of the Association, except when the reason for the termination or
cancellation of the insurance policy or bond is to change insurance companies or because the
policy or bond is not needed or is not available;
3. written notice of any damage or destruction to the Common Elements, Limited
Common Elements or Condominium Property or the Association Property which affects a
material portion of the Common Elements, Limited Common Elements or Condominium
Property or the Association Property or the Slip securing its mortgage;
4. written notice of a condemnation or eminent domain proceeding affecting a material
portion of the Condominium Property or the Slip securing its mortgage; and
5. written notice of failure by the Owner encumbered by a first mortgage held by such
Institutional Mortgagee, guarantor or insurer to pay any Assessments when such failure or
delinquency has continued for a period of sixty (60) days or longer.
B. Failure to Notify. The failure of the Association to send any such notice to any such
mortgagee, guarantor or insurer shall have no effect on any meeting, action or thing which was to have
been the subject of such notice nor affect the validity thereof and shall not be the basis for liability on the
part of the Association.
ARTICLE 24
AMENDMENTS
A. Amendments. Except as otherwise provided in this Article 23 and in Article 8 Section B, the
provisions of this Declaration may only be amended upon the approval of such amendment or
amendments by the Association pursuant to a resolution or written consent approving such amendment or
amendments adopted or given by not less than two-thirds (2/3) of the voting interests of the
Condominium. No amendment changing the size or dimensions of a Unit shall be effective unless
consented to by the Unit Owner and any Institutional Mortgagee affected thereby, and no amendment
which affects the rights, privileges or interests of the Developer shall be effective without its prior written
consent. All amendments to this Declaration shall be recorded.
B. Mortgagee Consent. No amendment shall change or modify the provisions of this Declaration
of Condominium which govern the voting rights of members, assessments, assessment liens or
subordination of such liens, reserves for maintenance, repair or replacement, insurance or fidelity bonds
or any provisions which is for the express benefit of any Institutional Mortgagee, unless not less than
fifty-one percent (51%) of such Institutional Mortgagees shall have first approved such amendment. No
amendment may change the size or configuration of any Condominium Unit in any material fashion,
materially alter or modify the appurtenances to the Unit, or change the proportion or percentage by which
the owner of the parcel shares the Common Expenses or owns the Common Surplus unless all record
owners of Units and all record holders of first mortgages approve the amendment.
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C. Scrivener’s Error. Notwithstanding the foregoing, the Declaration may be amended by the
Developer or the Association to correct scrivener’s errors without the need of the Owners’ approval.
ARTICLE 25
NOTICES
A. Giving Notice. Notices provided for in the Condominium Act, Declaration, Articles of
Incorporation or Bylaws shall be in writing, and shall be addressed to the Association or to any Unit
Owner at the mailing address of the Condominium Property or at such other address as may hereafter be
provided on the roster of owners maintained by the Association. The Board of Directors may designate a
different address or addresses for notices to it by giving written notice of such change of address to all
Unit Owners at such time. Any Unit Owner may also designate a different address or addresses for
notices by giving written notice of such Unit Owner’s change of address to the Association. Notice
addressed as above shall be deemed delivered when mailed by United States mail or when delivered in
person with written acknowledgment of the receipt thereof, or, if addressed to a Unit Owner, when
deposited in the mail box in the building or at the door of the Unit in the building.
B. Proof of Notice. The post office certificate of mailing shall be retained as proof of such
mailing or, in the alternative, an officer of the Association or person giving notice may provide an
affidavit affirming the giving of notice.
ARTICLE 26
OCCUPANCY AND USE RESTRICTIONS
In order to provide for congenial occupancy of the Condominium Property and to protect the
value of the Unit, the use of the Condominium Property shall be in accordance with the following
restrictions which shall be applicable to and shall be covenants running with the land of the
Condominium:
A. Occupancy and Residential Use. Except for commercial uses by the Developer or the
Association, including, but not limited to those described in the Rules and Regulations, the lands of the
Condominium and all improvements constructed thereon shall be for residential use only and no portion
of such lands or improvements shall be used for business or commercial purposes excepting therefrom
such uses designed to serve only the residents of this Condominium or the adjacent apartment complex
currently owned by the Grand Venezia at Baywatch Limited Partnership.
1. Occupancy. A Unit owned by an individual, corporation, partnership, trust or other
fiduciary may only be occupied by (i) the individual Unit Owner (and members of his/her family
and guests), (ii) an officer, director, stockholder or employee of such corporation (and members
of his/her family and guests), (iii) a partner or employee of such partnership (and members of
his/her family and guests), (iv) the fiduciary or beneficiary of such fiduciary (and members of
his/her family and guests) or (v) permitted occupants under a lease or sublease of the Unit (as
described below), as the case may be. Occupants of a lease or sublease must be (i) an individual
lessee or sublessee (and members of his/her family and guests), (ii) an officer, director,
stockholder or employee of a corporate lessee or sublessee (and members of his/her family and
guests), (iii) a partner or employee of a partnership lessee or sublessee (and members of his/her
family and guests), or (iv) a fiduciary or beneficiary of a fiduciary lessee or sublessee (and
members of his/her family and guests). Under no circumstances may more than one family, its
servants and guests occupy a Unit at one time. "Members of his/her family" or words of similar
import, whenever used herein shall be deemed to mean spouse, parents, grandparents, parents-inlaw,
brothers, sisters, nieces and nephews, children and grandchildren.
2. Additional Constructions. No structures shall be constructed upon the land other than
Condominium Buildings or other structures intended for residential use and appurtenances
thereto. No Condominium Unit may be divided or subdivided into a smaller Unit, or any portion
thereof sold or otherwise transferred without first amending this Declaration in accordance with
the other provisions hereof.
3. Children. Children are permitted to reside in the Condominium.
B. Balconies and Patios. No Unit Owner shall cause or permit any balcony, patio or roof deck
appurtenant to his/her Unit to be increased in size, or the configuration thereof altered, nor any
improvements or changes made thereto, or to the exterior of the building, including, but not limited to
painting or other decoration of any aesthetic nature, the installation of electrical wiring, television
antenna, satellite dishes, screens, machines or air conditioning Units which may protrude through the
walls or roof of the building, nor change the appearance of any portion of the building. Unit Owners are
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permitted to install storm shutters which shutters must be approved by the Board of Directors in style and
color.
C. Nuisances. No nuisances shall be allowed upon the Condominium Property nor any use or
practice which is the source of nuisances to residents or which interferes with the peaceful possession and
proper use of the Condominium Property by its residents. All parts of the Condominium Property shall
be kept in a clean and sanitary condition, and no rubbish, refuse or garbage shall be allowed to
accumulate, nor any fire hazard allowed to exist. No Unit Owner shall permit any use of his/her
Condominium Unit or make any use of the Common Elements which will increase the rate of insurance
upon any part of the Condominium Property.
D. Lawful Use. No immoral, improper, offensive or unlawful use shall be made of the
Condominium Property or any part thereof; and all valid laws, zoning ordinances and regulations of all
governmental bodies having jurisdiction thereof shall be observed. The responsibility of meeting the
requirements of governmental bodies which shall require maintenance, modification or repair of the
Condominium Property shall be the same as the responsibility for maintenance and repair of the property
concerned.
E. Signs. No "For Sale" or "For Rent" signs or other displays or advertising shall be maintained
or permitted on any part of the Common Elements or Condominium Units; provided, however, the right is
reserved to the Developer to place "For Sale" or "For Rent" signs in connection with any unsold or
unoccupied Unit it may from time to time own, and the same right is reserved to any Institutional
Mortgagee which may become the a Unit Owner and to the Association as to any Unit which it may own.
F. Exterior Appearance. No clothes, sheets, blankets, towels, laundry of any kind or other
articles shall be hung out or exposed from any Unit or Common Element. The Common Elements shall
be kept free and clear of rubbish, debris and other unsightly material. Nothing shall be hung or displayed
on the outside walls of any buildings on the Condominium Property and no awning, canopy, shade,
window guard, ventilator, fan, air conditioning device, radio or television antenna, or satellite dish, may
be affixed to or placed upon the exterior walls or roof or any part thereof without the prior consent of the
Board of Directors. Nothing shall be affixed to glass windows, glass doors or any other transparent
aperture nor shall the color or appearance of such items be changed. Any draperies, curtains, shades,
shutters, blinds or other covering or material which face on exterior windows or glass doors or which are
in any way visible from the exterior of the Unit shall be white or off-white in color.
G. Floor Coverings. No Unit Owner may install floor tile in his/her Unit, or install tile or other
floor covering on his/her balcony, terrace, atrium, patio or roof deck, without the prior consent of the
Board of Directors of the Association or the Developer. Consent shall be granted in respect of floor tile in
the interior of a Unit provided that the tile selected by the Unit Owner is adequately soundproofed. Tile
or other floor covering selected by the Unit Owner for his/her balcony, terrace, atrium, patio or roof deck
will be permitted provided it is adequately soundproofed and its color, material and design are consistent
with standards adopted by the Board of Directors.
H. Regulations. Reasonable regulations concerning the use of the Condominium Property may
be made and amended from time to time by the Board of Directors of the Association. The initial Rules
and Regulations, which shall be deemed effective until amended, are annexed as Exhibit "A" to the
Bylaws and may be amended without formal amendment of the Bylaws or of this Declaration.
I. Parking Spaces. No parking space, except for those three (3) spaces designated for boat
loading and unloading, may be used for any purpose other than the parking of motor vehicles - including
automobiles, vans and trucks - which are in operating condition. No motor vehicle may be repaired or in
any way serviced upon any portion of the Condominium Property except as set forth in the Rules and
Regulations. No parking space shall be used by any person other than an occupant of a Unit who is in
actual residence or by a guest or visitor of an occupant of a Unit and by such guest or visitor only when
such guest or visitor is in fact visiting and upon the Condominium Property. For further details on
restrictions on parking spaces, refer to the initial Rules and Regulations which are annexed as Exhibit “A”
to the Bylaws.
J. Transients. No rooms, as distinguished from Units, may be rented, and no transient tenants
may be accommodated.
K. Pets. No more than two (2) household pets are permitted per Unit. The following breeds of
dogs are not permitted, Pit Bulls, Rottweilers, German Shepherds, Huskies, Alaskan Malamutes,
Doberman Pinchers, Chows, Great Danes, Saint Bernards, Akitas and Dalmatians. Other than dogs,
household pets are restricted to fifteen (15) pounds. For further details on restrictions on pets, refer to the
initial Rules and Regulations which are annexed as Exhibit “A” to the Bylaws.
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L. Amenities. The Association may, in its sole and absolute discretion, provide or engage a
third party/concessionaire to provide additional amenities and services for the Unit Owners, their
permitted tenants and invitees (for example, rental of jet skis, limousine service at a reduced cost, etc.).
In the event that such amenities or services are provided, rules and regulations regarding their use will be
posted on site or available from the management office. Notwithstanding anything herein to the contrary,
the Association may at any time, in its sole and absolute discretion and without the need to obtain consent
from the Unit Owners, suspend, alter, change or otherwise discontinue providing any such amenity or
service.
M. Other Occupancy Rules. Units and their occupants shall further be subject to such rules and
regulations as may be adopted from time to time by the Board of Directors and not inconsistent with this
Declaration or exhibits attached thereto. The initial Rules and Regulations, which shall be deemed
effective until amended, are annexed as Exhibit "A" to the Bylaws and may be amended without formal
amendment of the Bylaws or of this Declaration.
ARTICLE 27
RIGHTS AND OBLIGATIONS
A. Unit Owners. The provisions of this Declaration, the Articles of Incorporation and the
Bylaws, and the rights and obligations established thereby, shall be deemed to be covenants running with
the land so long as the property remains subject to the provisions of the Condominium Act and shall inure
to the benefit of and be binding upon each and all of the Unit Owners and their respective heirs,
representatives, successors, assigns, purchasers, lessees, grantees, and mortgagees. By the recording of
the acceptance of a deed conveying a Unit or any interest therein, or any ownership interest in the
property whatsoever, the person to whom such Unit or interest is conveyed shall be deemed to accept and
agree to be bound by and subject to all of the provisions of the Condominium Act, this Declaration, the
Articles of Incorporation and the Bylaws.
B. Mortgagees. Upon written request to the Association, identifying the name and address of the
holder, insurer or guarantor and the Unit number, any such holder, insurer or guarantor shall be entitled to
timely written notice of:
1. Any condemnation loss or any casualty loss affecting a material portion of the
Condominium Property or any Unit on which its mortgage is held, insured, or guaranteed;
2. Any delinquency in payment of assessments or charges by an Owner of a Unit
subject to a first mortgage held, insured or guaranteed by such person, which remains uncured for
a period of sixty (60) days; or
3. Any lapse, cancellation or material modifications of any insurance policy or fidelity
bond maintained by the Association.
ARTICLE 28
SEVERABILITY
If any provision of this Declaration, the Articles of Incorporation or Bylaws shall be held invalid,
it shall not affect the validity of the remainder of the Declaration, Articles and the Bylaws.
ARTICLE 29
FORCE MAJEURE
In the event of any act of Force Majeure, the act of Force Majeure shall serve to extend
performance by such party for a period of time equal to such prevention, delay or stoppage. As used in
this Declaration, the term "Force Majeure" shall include, but not be limited to, the prevention, delay or
stoppage encountered by either party hereto due to fire or other casualty, bad weather, inability to secure
materials, strikes or labor disputes (over which said party has no direct or indirect bearing, in the
resolution thereof, or if either party hereto does have said bearing, said dispute occurs despite either
party's attempt to resolve same via good faith bargaining) directly affecting the performance of the party's
obligations under this Declaration, acts of God, acts of the public enemy, terrorism, or war, civil
commotion, and/or governmental restrictions, regulations or controls affecting the party obligated to
perform (or of its contractors or subcontractors).
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IN WITNESS WHEREOF, the undersigned has caused this Declaration to be executed as of this
_____ day of _________ 2003.
THE GRAND BELLAGIO AT BAYWATCH
LIMITED PARTNERSHIP, a Florida limited
partnership
____________________________
Name: ______________________ By: BELLAGIO GENERAL PARTNER, INC., a
Florida corporation, its general partner
____________________________
Name: ______________________
By: _____________________________
Christopher DelGuidice,
President
STATE OF FLORIDA )
) SS
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ___ day of _________, 2003, by
Christopher DelGuidice, as President, of Bellagio General Partner, Inc., a Florida corporation, the sole
general partner of The Grand Bellagio at Baywatch Limited Partnership, a Florida limited partnership, on
behalf of the limited partnership. He is personally known to me or has produced
_______________________________________ as identification.
My Commission expires:
_________________________________
NOTARY PUBLIC, STATE OF FLORIDA
Print name: _______________________
Commission No:___________________
F:\DATA\DELGUIDI\Bellagio Condominium\Declaration 10.doc
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