DECLARATION OF CONDOMINIUM FOR THE GRAND BELLAGIO ...

More documents

Recommendations

Info

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. 2
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. 3
Page 1: DECLARATION OF CONDOMINIUM FOR THE
Page 5 and 6: all or any portion of any Unit or t
Page 7 and 8: which they are assigned and any tra
Page 9 and 10: Expenses during the Guaranty Period
Page 11 and 12: D. Restraint Upon Assignment of Sha
Page 13 and 14: eplacements thereof in accordance w
Page 15 and 16: B. By the Unit Owner. 1. No Unit Ow
Page 17 and 18: D. Disapproval by Association. If t
Page 19 and 20: less than $25,000.00 (as such amoun
Page 21 and 22: (d) Assessments. If the balance of
Page 23 and 24: Common Expenses without discriminat
Page 25 and 26: permitted to install storm shutters
Page 27 and 28: [This page intentionally left blank

DECLARATION OF CONDOMINIUM FOR THE GRAND BELLAGIO ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?