Declaration of
COVENANTS,
CONDITIONS and
RESTRICTIONS (CC&R's)
and
BYLAWS
prepared by
Cruise Ship Condos
LLC,
Developer and Declarant,
B Y L A W S
RESTATED DECLARATION OF RESTRICTIONS
ADVENTURER CRUISE SHIP ACQUISITION
CORPORATION
THIS DECLARATION, made this 4th day of July 2003, by Adventurer Cruise Ship Acquisition Corporation, a Corporation registered in Kingston, Saint Vincent, and the Grenadines, herein referred to as "Declarant."
WITNESSETH:
WHEREAS, IT IS THE DESIRE AND INTENTION OF Declarant to sell and convey said units and before doing so to subject them to and impose upon them mutual and beneficial restrictions, covenants, conditions and charges, hereinafter collectively referred to as "Restrictions", under a general plan or scheme of improvement for the benefit of all of the units in the Unit and Development, and the future owners of said units;
NOW THEREFORE, Declarant hereby declares that all of said units are held and shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved subject to the following Restrictions, all of which are declared and agreed to be in furtherance of a plan for the improvement, and sale of said units and are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the property or the Development as a whole, and all of them shall run with the ship and shall be binding on all parties having or acquiring any right, title or interest in the real property or any part thereof subject to such Restrictions.
1. APPLICABILITY AND TERM
These Restrictions shall apply to all of the units on the ship. These Restrictions shall effect and run with the ship and shall exist and be binding upon all parties and all persons claiming under them until December 31, 2013, after which time the same shall be extended for successive periods of ten (10) years each, unless an instrument signed by a majority of Then owners of the units subject thereto has been recorded, agreeing to change these Restrictions in whole or in part.
2. MUTUALITY OF BENEFIT AND OBLIGATION
The Restrictions and agreements set forth herein are made for the mutual and reciprocal benefit of each and every unit in the Unit and Development, and are intended to create reciprocal rights between the respective owners of all said units, to create a privity of contract and estate between the grantees of said units, their heirs, successors and assigns, and shall, as to the owner of each such unit, his heirs, successors and assigns, operate as, covenants running with the ship for the benefit of each and all other units in the Unit and Development and their respective owners. Restrictions substantially the same as those contained herein shall be recorded on all future units of the Development in conformity with the general scheme of improvement of all ships to be included therein.
3. ARCHITECTURAL CONTROL AND PLANNING COMMITTEE
All plans and specifications for any refurbishment of structural modifications, including the addition of a balcony, and any remodeling, reconstruction, alterations, or additions to any unit or other structure on any unit shall be subject to and shall require the approval in writing, before any such work is commenced, of the Architectural Control and Planning Committee (herein called "Committee'}, as the same is from time to time composed.
The Committee is composed initially of three (3) members to be appointed by the Board of Directors of Cabin Owners' Association (herein referred to as "Association"). Any vacancy, whether arising from resignation, removal or death of a member, shall be filled by the Board of Directors of the Association. The Committee may appoint advisory committees from time to time to advise it on matters pertaining to the Development. There shall be submitted to the Committee two (2) complete sets of plans of any and all improvements, the erection or alteration of which is desired, and no structures or improvements of any kind shall be erected, altered, placed or maintained upon any unit unless and until the final plans, and specifications therefore have received such written approval as herein provided.
The Committee shall approve or disapprove plans within Thirty (30) days from the receipt thereof. One (1) set of said plans with the approval or disapproval endorsed thereon, shall be returned to the person submitting them and the other copy thereof shall be retained by the Committee.
The Committee shall have the right to disapprove any plans submitted to it as aforesaid in the event such plans are not in accordance with all of the provisions of these Restrictions, if the design or color scheme of the proposed improvement or other structure is not in harmony with the general surroundings of such unit or with the adjacent units or structures, if the plans submitted are incomplete, or in the event the Committee deems the plans or any part thereof to be contrary to the interests, welfare or rights of all or any part of the real property subject hereto, or the owners thereof, all in the sole discretion of the Committee. The decisions of the Committee shall be final.
Neither the Committee nor any architect or agent thereof or of Declarant shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing, nor for any structural or other defects in any work done according to such plans and specifications.
Notwithstanding any thing to the contrary contained in this Declaration, the Committee shall not have the right to approve or disapprove any improvements other than single family residential improvements and non-single family residential improvements shall not be bound by the Restrictions imposed by this Declaration.
5. GENERAL RESTRICTIONS AND REQUIREMENTS
The following general restrictions and requirements shall prevail as to the construction or activities conducted on any unit in the Unit or Development:
(a) No owner of any unit shall build or permit the unit thereon of any dwelling house that is to be used as a model house or exhibit unless prior written permission to do so shall have been obtained from the Committee.
(b) All units, whether occupied or unoccupied, and any improvements placed thereon, shall at all times be maintained in such a manner as to prevent their becoming unsightly. In the event any such unit or improvement in the Unit should not be maintained as required herein, the Association may perform the necessary work, the cost of which shall be added to and become the part of the annual charge to which said unit is subject.
(c) No noxious or offensive activities shall be carried on any unit nor shall anything be done on any unit that shall be or become an unreasonable annoyance or nuisance to the neighborhood.
(d) No residence shall be occupied until the same has been substantially completed In accordance with its plans and specifications.
(e) All refurbishment and remodeling shall be in full compliance with SOLAS 2010.
6. VARIANCES
The Committee may allow reasonable variances and adjustments of these conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships in the application of the regulations contained herein; provided, however, that such is done in conformity to the intent and purposes hereof and provided also that in every instance such variance or adjustment will not be materially detrimental or injurious to other property or improvements in the neighborhood. Variances and adjustments of size and setback requirements may be granted hereunder, if in conformance with all applicable regulatory agency requirements.
7. STATEROOM OWNERS' ASSOCIATION.
Every person, including Declarant, who acquires title, legal or equitable, to any unit in the Development shall become a member of the Cabin Owners' Association, herein referred to as "Association"; provided, however, that such membership is not intended to apply to those persons who hold an interest in any such unit merely as security for the performance of any obligation to pay money, e.g. mortgages, deeds of trust, or seller's interest under any real estate contract purchases.
Each member shall be entitled to one vote for each unit owned by said member. Each member shall be entitled to cast his votes in person or by proxy. The general purpose of the Association is to further and promote the community welfare of property owners in the Development.
Subject to the authority, rights and duties of any community service, assessment or maintenance district, and the Association shall be responsible for the maintenance, repair and upkeep of the private streets and parks within the Development. The Association shall also be the means for promulgation and enforcement of all regulations necessary to the governing of the use and enjoyment of such streets and parks and such other properties within the Development as it may from time to time own.
The Association shall have all the powers that are set forth in its Articles of Incorporation and By-Laws or that belong to it by operation of law, including the power to levy against every unit in the Development uniform annual charges as set forth in its By-Laws of not less than $10.00 or more than $50.00 per year; provided, however, that no such charge is or shall be levied against or payable by the Association itself, or any corporation that may be created to acquire title to and operate any utilities serving the Unit or Development.
Every such charge shall be paid by the member of the Association on or before the date established by its Board of Directors pursuant to the resolution adopted by such Board fixing the amount of the annual charge. Written notice of any changes in the charge so fixed or the date of payment shall be sent to each member. No notice need be sent in the absence of a change from the prior year. Said charges shall remain a lien upon the property of the respective member until paid.
In the event any member fails to pay any such charge when due and the same has been delinquent for thirty (30) days, The Association shall forthwith cause a notice thereof and of the lien created thereby to be signed and acknowledged by it and recorded in the office of the Adventurer Cruise Ship Acquisition Corporation .
Such recorded notice shall embody said resolution and state the rate of the charge, the time payable, and when it becomes a lien. When paid, The Association shall from time to time execute, acknowledge and record in the office of the Adventurer Cruise Ship Acquisition Corporation, a release or releases of lien with respect to the property for which payment has been made. full receipts shall be issued to unit owners upon payment.
Each owner of a unit or units in the Development shall, by acceptance of a deed thereto or the signing of a contract or agreement to purchase the same, whether from Declarant or a subsequent owner of such unit, bind himself, his heirs, personal representatives and assigns to pay all charges determined and levied upon such unit, including interest thereon and collection costs thereof, if any, including attorney's fees; and the obligation to pay such charges, interest and costs thereby constitutes an obligation running with the ship. Sale or transfer of any unit shall not affect any lien for charges provided herein.
All liens herein provide for shall be enforceable by foreclosure proceedings in the manner provided by law for the foreclosure of mortgages and/or trust deeds; provided, however, that no proceeding for foreclosure shall be commenced except upon the expiration of four (4) months from and after the date the charge giving rise to such lien becomes due and payable.
Any lien created or granted under the provisions of this Declaration is expressly made subject and subordinate to the rights or toe beneficiary of any first deed or trust upon any unit in the Development, made in good faith and for value, and no such lien shall In any way defeat, invalidate or impair the obligation or the priority of such trust deed unless the beneficiary thereof shall expressly subordinate his interest, in writing, to such lien.
The funds arising from such charges, so far as may be sufficient, shall be applied toward the payment of expenses incurred by the Association in the maintenance of its properties and in furthering and promoting the community welfare of property owners in the Development, as set forth and provided in its Articles of Incorporation and its By-Laws.
8. OWNERSHIP OF STREETS [delete]
Each of the streets in the Unit designated on the Map, except as otherwise spelled on Sheet 1, will be private streets. Declarant hereby states, for itself, its successors and assigns, that it bas conveyed or will convey its ownership of the streets and roadway easements and of those areas designated as park easements (if any) on the Map of the Unit to the Cabin Owners' Association.
The Association may dedicate any private street and/or appurtenant easements, if any, to any appropriate governmental subdivision, and upon acceptance by such governmental subdivision, the Association shall no longer have any ownership or control of the property so dedicated; provided, however, that and such dedication must be approved by the vote or written consent of two-thirds (2/3) of its members entitled to vote.
9. EASEMENTS
Declarant has dedicated to Storey County, rights of way and easement areas for the installation and maintenance of public utilities within the private and public road rights oŁ way as contained in the offer or dedication set forth on Sheet 1 of the Map as shown in the subsequent sheets.
On each unit, the right of way and easement areas reserved by Declarant or dedicated to public utilities purposes, or dedicated for governmental purposes to the , and including all natural drainage courses whether within easement areas or in other areas of the units, shall be maintained continuously by the unit owner, but no structures, plantings or other material shall be placed or permitted to remain or other activities undertaken which may damage or interfere with the installation or maintenance of utilities, which may change to flow of water through drainage channels, or which damage or interfere with established slope ratios or create erosion of sliding problems. Improvements within such areas shall also be maintained by the respective unit owner except for those for which a public authority or utility company is responsible.
10. GRANTEE'S TITLE
Declarant shall convey fee title to units within the Development grant deed subject to:
(a) These Restrictions;
(b) Easements and rights of way of record; and
11. REMEDIES
The Association or any party to whose benefit these Restrictions inure may proceed at law or in equity to prevent the occurrence, continuation or violation of any of the Restrictions and the Court in any such action may award the successful party reasonable expenses in prosecuting such action, including attorney's fees.
The remedies hereby specified are cumulative, and this specification of thee shall not be taken to preclude an aggrieved party's resort to any other remedy at law, in equity, or under any statute. No delay or failure on the part of an aggrieved party to invoke an available remedy in respect to a violation oŁ any of these Restrictions shall be held to be a waiver by the party of, or an estoppel of that party to assert, any right available to him upon the recurrence or continuance of said violation or the occurrence of a different violation.
12. RIGHTS OF LIEN HOLDERS
A breach of any of the provisions, conditions, restrictions, covenants, easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide mortgage or deed of trust made in good faith and for value on any or said units or improvements thereon, provided, however, that any subsequent owner of said property shall be bound by the said provisions, conditions, restrictions, covenants, easements and reservations whether such owner's title was acquired by foreclosure or at a trustee's sale or otherwise.
13. GRANTEE'S ACCEPTANCE
The grantee of any unit subject to the coverage of this Declaration, by acceptance of a deed conveying title thereto, or the execution of a contract for the purchase thereof, whether from Declarant or a subsequent owner of such unit, shall accept such deed or contract upon and subject to each and all oŁ these Restrictions and the agreements herein contained, and also the Jurisdiction, rights and powers of Declarant, and by such acceptance shall for himself, his heirs, personal representatives, successors and assigns, covenant consent and agree to and with Declarant, and to and with the grantees and subsequent owners or each oŁ the units within the Development, to keep observe and comply with and perform said Restrictions and agreements. Each such grantee also agrees, by such acceptance, to assume, as against Declarant, its successors or assigns, all the risks and hazards of ownership or occupance attendant to such unit, including but not limited to events or conditions occurring on adjacent or nearby units ; provided, however, that the foregoing shall not be construed to mean that such grantee would be liable for the conduct of others on adjacent or nearby units or ships.
14. PARTIAL INVALIDITY
In the event that any on or more of the Restrictions herein set forth shall be held by any Court of competent Jurisdiction to be null and void, all remaining Restrictions shall continue unimpaired and in full force and effect.
15. CAPTIONS
The captions of the various paragraphs of this Declaration are for convenience only and are not a part of this Declaration and do not in any way limit or amplify the terms or provisions thereof.
IN WITNESS WHEREOF, the Declarant has executed the Declaration on the day and year first above set forth.
Adventurer Cruise Ship Acquisition Corporation
By Arthur Wyss, President