Covenants
Depo Doc: CNDO
Recorded 06/29/2004 09:50AM
Clerk Superior Court, ATHENS CLARKE COUNTY B 02681 Pg 0274-0320
After Recording, Please Return To:
H. Edward Halcs, Jr., Esq.
Sutherland Asbill & Brennan LLP
999 Peachtree Street, NE
Atlanta, Georgia 30309-3996
DECLARATION OF CONDOMINIUM
OF
GEORGIA GAMEDAY CENTER,
a condominium
in Athens-Clarke County, Georgia
THIS DECLARATION OF CONDOMINIUM (as may be amended from time to time, the "Declaration") is made, executed by GAMEDAY ATHENS, LLC, a Georgia limited liability company (Declarant) and recorded to submit the Property (as hereinafter defined) and the improvements thereon to the condominium form of ownership under the Georgia Condominium Act (the "Act").
ARTICLE 1
SUBMISSION
1.1 Submission, Declarant, as the owner of the Property, does hereby submit the Property to the provisions of the Act for the purpose of creating a condominium. From and after the date that this Declaration is recorded with the Clerk of the Superior Court of Athens-Clarke County, Georgia, the Property shall be owned, held, transferred, sold, conveyed, used, occupied, mortgaged or otherwise encumbered subject to the terms and provisions of this Declaration and the Act.
ARTICLE 2
DEFINITIONS
"Act" has the meaning set forth in the first paragraph of this Agreement.
"Articles of Incorporation" means the Articles of Incorporation of the Association, as then in affect.
"Association" means Georgia Gameday Center Condominium Association, Inc., a Georgia nonprofit membership corporation, its successors and assigns.
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"Board of Directors" means the Board of Directors of the Association.
"Broad Street Driveway" means the driveway entering the Property from Broad Street and continuing to the entrance to the Residential Parking Area and designated on the Plat as the "Broad Street Driveway."
"Bus Depot Area" means that portion of the Property depicted on the Plat as the "Bus Depot Area," and which is the property more fully described on Exhibit D attached hereto, including any easements, rights and appurtenances.
"Bus Depot Board Committee" means the committee established by the Board of Directors which consists of members of the Board of Directors elected by the Bus Depot Unit Owners as provided in the Bylaws.
"Bus Depot Common Elements" means those portions of the Bus Depot Area not within the boundaries of the Bus Depot Units other than any Condominium Common Element.
"Bus Depot Common Expenses" means common expenses exclusive to the Bus Depot Common Elements other than Bus Depot Limited Common Elements.
"Bus Depot Component" means the Bus Depot Area and all improvements now or hereafter located thereon, including the Bus Depot Units and the interests assigned to the Bus Depot Units in the Bus Depot Common Elements, Bus Depot Limited Common Elements and Condominium Common Elements.
"Bus Depot Limited Common Elements" means those portions of the Bus Depot Common Elements whose right to use is limited to, or otherwise reserved for, less than all Bus Depot Unit Owners, as more particularly set forth in this Declaration.
"Bus Depot Limited Common Expenses" means common expenses exclusive to the Bus Depot Limited Common Elements.
"Bus Depot Units) " means each Unit designated on the Plans as a "Bus Depot Unit" and shall include an undivided ownership interest in the Common Elements assigned to such Bus Depot Unit by this Declaration; provided, however, that the existing structures and other improvements within the Bus Depot Unit shall not constitute a part of the Bus Depot Unit and such structures and other improvements may be demolished, reconfigured and re-constructed as provided in section 16.1.
"Bus Depot Unit Owner" means each person, including the Declarant, who owns a Bus Depot Unit.
"Bylaws" means the Bylaws of the Association, as then in affect.
"Clayton Street Driveway" means the driveway entering the Property from Clayton Street and continuing to the entrance to the Ground Level Parking Area and designated on the Plat as the "Clayton Street DrivewayẠạ
"Clubroom" means that portion of the Gameday Building depicted on the Plans as the "Clubroom."
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"Commercial Area" means the ground floor of the Gameday Building other than the Lobby, the Mailroom, the Ground Level Parking Area, any vertical transportation system and any stairwells (other than the Commercial Unit 102 Stairwell).
"Commercial Board Committee" means the committee established by the Board of Directors which consists of members of the Board of Directors elected by the Commercial Unit Owners as provided in the Bylaws.
"Commercial Common Elements" means all portions of the Commercial Area not located within the boundaries of any Commercial Unit other than Condominium Common Elements and Residential/Commercial Shared Common Elements.
"Commercial Common Expenses" means common expenses exclusive to the Commercial Common Elements other than Commercial Limited Common Elements.
"Commercial Component" means the Commercial Area and all improvements now or hereafter located thereon, including the Commercial Units and the interests assigned to the Commercial Units in the the Commercial Common Elements, the Commercial Limited Common Elements, Residential/Commercial Shared Common Elements and the Condominium Common Elements.
"Commercial Limited Common Elements" means those portions of the Commercial Common Elements whose right to use is limited to less than all Commercial Unit Owners, as more particularly set forth in this Declaration, but shall not include any Reserved Commercial Parking Spaces or mailboxes or mail slots assigned to Commercial Units.
"Commercial Limited Common Expenses" means common expenses exclusive to the Commercial Limited Common Elements.
"Commercial Unit 102 Stairwell" means the stairwell in the Gameday building depicted on the Plans as the "Commercial Unit 102 Stairwell."
"Commercial Unit 113 Upper Level Areas" means (a) that portion of the third floor of the Gameday Building depicted on the Plans as the "Commercial Unit 113 Third Floor Area," (b) that portion of the fourth floor of the Gameday Building depicted on the Plans as the "Commercial Unit 113 Fourth Floor Area," (c) that portion of the fifth floor of the Gameday Building depicted on the Plans as the "Commercial Unit 113 Fifth Floor Area," (d) that portion of the sixth floor of the Gameday Building depicted on the Plans as the "Commercial Unit 113 Sixth Floor Area," (e) that portion of the seventh floor of the Gameday Building depicted on the Plans as the "Commercial Unit 113 Seventh Floor Area" and (f) that portion of the eighth floor of the Gameday Building depicted on the Plans as the "Commercial Unit 113 Eighth Floor Area."
"Commercial Unit(s) " means each Unit designated on the Plans as a "Commercial Unit' and shall include an undivided ownership interest in the Common Elements assigned to such Commercial Unit by this Declaration.
"Commercial Unit Owners" means each person, including the Declarant, who owns a Commercial Unit.
"Common Elements" means the Condominium Common Elements, the Residential Common Elements, the Commercial Common Elements, the Bus Depot Common Elements and the Residential/Commercial Shared Common Elements.
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"Components)" means, individually or collectively as the context requires, the Residential Component, the Commercial Component and the Bus Depot Component.
"Condominium" means the condominium created by this Declaration.
"Condominium Common Elements" means (a) the Clayton Street Driveway, (b) the Dumpster Area, (c) the Ground Level Parking Area (d) the Broad Street Driveway, (e) the Lobby and (f) all retaining walls and foundation walls located on the Property.
"Condominium Common Expenses" means common expenses for the gencral benefit of the Condominium and the Condominium Common Elements, other than Residential Common Expenses, Residential Limited Common Expenses, Commercial Common Expenses, Commercial Limited Common Expenses, Bus Depot Common Expenses, Bus Depot Limited Common Expenses and Residential/Commercial Shared Common Expenses.
"Condominium Documents" means this Declaration, the Articles of Incorporation, the Bylaws, the Rules and Regulations, the Plat and the Plans, as then in affect.
"Conversion Date" means the first date that any Bus Depot Unit is being used for any commercial or residential use other than as a bus depot.
'Declarant" has the meaning set forth in the first paragraph of this Declaration.
"Declaration" has the meaning set forth in the first paragraph of this Agreement.
"Dumpster Area" means that portion of the Property where the trash dumpster is located and which is depicted on the Plat as the "Dumpster Area."
"Gameday Area" means all portions of the Condominium other than the Bus Depot Area. "Gameday Building" means the building depicted on the Plat as the "Gameday Building." General Operating Fund has the meaning set forth in section 20.5.
"Ground Level Parking Area" means those portions of the lowest elevation of the Parking Deck depicted on the Plans as the "Ground Level Parking Area."
Home Game Hours" means the hours between 5:00 p.m. the day preceding each University of Georgia home football game and "G-day" football game and 8:00 a.m. on the second day following each such football game.
"Insurance Trustee" has the meaning set forth in section 22.5.
"Limited Common Elements" means the Residential Limited Common Elements, the Commercial Limited Common Elements and the Bus Depot Limited Common Elements.
"Lobby " means that portion of the Gameday Building depicted on the Plans as the "Lobby." "Mailroom" means that portion of the Gameday Building depicted on the plans as the "Mailroom."
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"Majority" means with respect to any specified group of Unit Owners at any time, the Unit Owners comprising such specified group who collectively own more than fifty percent (50%) of the Unit Percentages of all Unit Owners comprising such specified group.
"Mortgagee" means the holder of a Security Instrument.
"Non-Peak Hours" means the hours between 5:00 p.m. and 8:00 a.m. daily, other than Home Game Hours.
"Nonprofit Code" means the Georgia Nonprofit Corporation Code
"Occupant" means a person or persons in possession of a Unit, regardless of whether that person is the Unit Owner.
"Overflow Lot has the meaning set forth in section 17.1.
"Parking Deck" means those portions of the Gameday Building designated on the Plans as the "Ground Level Parking Area' and the "Residential Parking Area. "
"Parking Space" means a designated space in the Parking Deck, Overflow Lot or other parking area in the Condominium for the sole purpose and use as a location to park personal automobiles and similar sized vehicles.
"Peak Hours" means all times other than Non-Peak Hours and Home Game Hours.
"Plans" means the Plans for Georgia Gameday Center filed and recorded in the Condominium Plan Book of Athens-Clarke County, Georgia.
"Plat" means the Plat of Georgia Gameday Center filed and recorded in the Condominium Plat Book of Athens-Clarke County, Georgia.
"Property" means the real property located in Athens-Clarke County, Georgia, more fully described on Exhibit A attached hereto, including any easements, rights and appurtenances.
"Reserved Commercial Parking Space" means each Parking Space in the Ground Floor Parking Area specifically assigned to a Commercial Unit by the Board of Directors for its exclusive use during the hours designated by the Board of Directors, during such hours that such Parking Space is not assigned for exclusive use by a Commercial Unit, including during all Home Game Hours, such Parking Space shall be an Unassigned Ground Level Parking Space.
"Reserved Residential Parking Space(s) " means each Parking Space in the Residential Parking Area specifically assigned by the Board of Directors to a Residential Unit for exclusive use 24 hours a day, 365 days a year.
"Residential Area" means (a) all portions of the second through eighth floors of the Gameday Building, other than the Commercial Unit 113 Upper Level Areas, (b) the Mailroom and (c) the Residential Parking Area.
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"Residential Board Committee" means the committee established by the Board of Directors which will consist of members of the Board of Directors elected by the Residential Unit Owners as provided in the Bylaws.
"Residential/Commercial Shared Common Elements" means all portions of the Condominium which are not located within the boundaries of Residential Units or Commercial Units or the Bus Depot Area and including the roof and roof structure of the Gameday Building and which are not: (a) Condominium Common Elements, (b) Residential Common Elements or (c) Commercial Common Elements.
"Residential/Commercial Shared Common Expenses" means common expenses exclusive to the Residential/Commercial Shared Common Elements.
"Residential Common Elements" means (a) all portions of the Residential Area not located within the boundaries of any Residential Unit, (b) all portions of the vertical transportation system serving the Gameday Building, (c) all stairwells in the Gameday Building (other than the Commercial Unit 102 Stairwell), (d) any gate or access control system serving the Residential Parking Area, (e) the Clubroom, (f) the Mailroom and (g) any Overflow Lots.
"Residential Common Expenses" means common expenses exclusive to the Residential Common Elements other than Residential Limited Common Elements.
"Residential Component" means the Residential Area and all improvements now or hereafter located thereon, including the Residential Units and the interests assigned to the Residential Units in the Residential Common Elements, Residential Limited Common Elements, Residential/Commercial Shared Common Elements and Condominium Common Elements.
"Residential Limited Common Elements" means those portions of the Residential Common Elements whose right to use is limited to less than all Residential Unit Owners, as more particularly set forth in this Declaration, but shall not include any Reserved Residential Parking Spaces or mailboxes or mail slots assigned to a Residential Unit.
"Residential Limited Common Expenses" means expenses exclusive to the Residential Limited Common Elements.
"Residential Parking Area" means those portions of the Parking Deck designated on the Plans as the "Residential Parking Area."
"Residential Unit Owners" means each person, including the Declarant, who owns a Residential Unit.
"Residential Unit(s)" means each Unit designated on the Plans as a "Residential Unit" and shall include an undivided ownership interest in the Common Elements assigned to such Residential Unit by this Declaration.
"Rules and Regulations" means the Rules and Regulations that may from time to time be approved by the Board of Directors, or as concerns the Bus Depot Component, by the Bus Depot Unit Owners as provided in this Declaration.
"Security Instrument" means any mortgage, deed to secure debt or deed of trust secured by a Unit which gives such holder a first and superior lien or security title in and to such Unit.
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"Unassigned Ground Level Parking Space(s)"at any time means each Parking Space in the Ground Level Parking Area other than a Reserved Commercial Parking Space which use at the time of such determination is specifically designated to a Commercial Unit.
"Units) " means individually or collectively as context may require, the Commercial Units, the Residential Units and the Bus Depot Units and shall be further defined as that portion of the Condominium intended for individual ownership and use for which title has been conveyed by the Declarant to another party or for which a certificate of occupancy has been issued, as more particularly described in the Condominium Documents.
"Unit Owner" means each record titleholder of a Unit but shall not include a Mortgagee "Unit Percentage" means the percentage (a) set forth on Schedule A attached hereto, which percentage is approximately, for each Residential Unit, the square footage of such Residential Unit divided by the total square footage of all Residential Units, (b) for each Commercial Unit and its Commercial Unit Owner, by dividing (i) the square footage of such Commercial Unit by (i) the total square footage of all Commercial Units, each such percentage as set forth on Schedule B and (c) for each Bus Depot Unit and its Bus Depot Unit Owner, by dividing (i) the square footage of such Bus Depot Unit by (ii) the total square footage of all Bus Depot Units, each such percentage being set forth on Schedule
ARTICLE 3
NAME
3.1 Name. The name of the Condominium is "Georgia Gameday Center."
ARTICLE 4
LOCATION
4.1 Location and Property Description. The Condominium is located in Athens-Clarke County, Georgia, on the real property described on Exhibit A.
ARTICLE 5
PLAT AND PLANS
5.1 Plat. The Plat is being filed simultaneously with the recording of this Declaration in the Condominium Plat Book records of Athens-Clarke County, Georgia, and by this reference, the Plat and all completed structural improvements thereon, the location of easements to which the Property is subject are hereby incorporated herein.
5.2 Plans. The Plans are being filed simultaneously with this Declaration in the Condominium Plat Book records of Athens-Clarke County, Georgia, and by this reference the Plans are incorporated herein
ARTICLE 6
UNITS
6.1 Separate Parcel. Each Unit, together with its undivided interest in the Common Elements and Limited Common Elements assigned to such Unit shall for all purposes constitute a separate parcel of real property, which may be owned, held, transferred, sold, conveyed, used, occupied,
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mortgaged, or otherwise encumbered in the same manner as any other parcel of real property, subject to the provisions of this Declaration and the Act. Each Unit Owner shall be entitled to the exclusive ownership and possession of the Unit owned by him, subject to the provisions of this Declaration and the Act. Each Unit shall include all of the space and improvements within the boundaries thereof.
6.2 Boundaries of Residential Units and Commercial Units.
(a) For each Residential Unit and Commercial Unit (i) upper horizontal boundaries shall be the plane formed by the lower edge surface of the support system to which the construction components forming the ceiling of such Residential Unit or Commercial Unit are attached, (ii) lower horizontal boundaries shall be the plane formed by the upper edge surface of the support system to which the construction components framing the floor of such Residential Unit or Commercial Unit are attached and (iii) the vertical boundary of such Residential Unit or Commercial Unit shall be the plane formed by the interior edge surface of the walls which form the exterior walls of such Residential Unit or Commercial Unit and to which the construction components forming the finished interior walls of such Residential Units or Commercial Units are attached. Notwithstanding the foregoing, in the case of any Residential Unit or Commercial Unit constructed directly on a concrete slab or floor, the lower horizontal boundary of such Residential Unit or Commercial Unit shall be the upper surface of such Residential Unit or Commercial Unit's floor or slab.
(b) All exterior doors and exterior windows located within a Residential Unit and Commercial Unit and all wallboard, plasterboard, plaster, paneling, molding, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces of such Residential Unit or Commercial Unit shall be deemed a part of such Residential Unit or Commercial Unit; all other portions of the walls, floors or ceilings shall be deemed part of (i) the Residential Common Elements if part of a Residential Unit or (ii) Commercial Common Elements if part of a Commercial Unit. Except as otherwise provided herein, all space, interior partitions and other fixtures and improvements within the boundaries of a Residential Unit or Commercial Unit shall be deemed part of such Residential Unit or Commercial Unit.
(c) Heating and air conditioning systems serving only a single Residential Unit or Commercial Unit (including any part of such system located outside the boundaries of a Residential Unit or Commercial Unit), all duct work for heating and air conditioning systems and appliances and plumbing fixtures within a Residential Unit or Commercial Unit, shall be part of such Residential Unit or Commercial Unit. To the extent any chutes, flues, ducts, conduits, wires, bearing walls, bearing columns, or any other apparatus lies partially inside of the designated boundaries of a Residential Unit or Commercial Unit, any portions thereof serving more than one Residential Unit or Commercial Unit or any portion of the Common Elements shall be deemed a part of the Residential Common Elements if part of a Residential Unit or Commercial Common Elements if part of a Commercial Unit.
(d) In interpreting deeds and plans, the existing physical boundaries of a Residential Unit or Commercial Unit as originally constructed or of a Residential Unit or Commercial Unit reconstructed in substantial accordance with the Plans shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in any deed or plan, regardless of settling or lateral movement of any improvements, and regardless of minor variance between the boundaries shown on the Plat or Plans or in a deed and those of such Residential Unit or Commercial Unit. The provisions of this section 6.2(d) shall not apply in the case of a subdivision of a Commercial Unit or a Bus Depot Unit as provided in section 6.5.
Boundaries of Bus Depot Units. There shall initially be only one Bus Depot Unit. The lateral vertical boundaries of such initial Bus Depot Unit shall be the vertical perpendicular planes
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extending through the boundary lines described in the metes and bounds legal description attached hereto as Exhibit D. Such initial Bus Depot Unit shall have no upper or lower horizontal boundaries.
6.4 Alterations to Interiors of Units. If adjoining Units are owned by the same Unit Owner, such Unit Owner shall have the right, subject to the consent of a Mortgagee with respect to such Unit and also subject to the consent of the Board of Directors, which consent shall not be unreasonably withheld, to remove all or any part of any intervening partition or create doorways or other apertures therein, notwithstanding the fact that such partition may, in whole or in part, be part of the Common Elements applicable to such Unit; provided, however, that no portion of any load bearing wall or column may be materially weakened or removed and no portion of any Common Element may be damaged, destroyed or endangered, other than that partition and any chutes, flues, ducts, conduits, wires or other apparatus contained therein, provided such facilities are relocated by such Unit Owner if they serve any other part of the Condominium. Any request for the consent of the Board of Directors pursuant to this section 6.4 shall include all plans, including construction drawings, for such proposed alterations. The alterations permitted by this section 6.4 shall not be deemed an alteration or relocation of boundaries between adjoining Units.
6.5 Relocation of Boundaries Between Units.
(a) Regardless of any provision of this Declaration or the Plat or the Plans to the contrary, Declarant reserves the sole and exclusive right, exercisable with respect to any Unit, until the date that any such Unit, or portion thereof, has been conveyed to a purchaser other than Declarant, to subdivide or combine Unit boundaries in such manner and configuration as Declarant, in its sole discretion, and without the consent or joinder of any party other than a Mortgagee with respect to such Unit, shall deem necessary or desirable. Any such division or combination shall be evidenced by the recordation of an amendment to this Declaration and the Plat or the Plans in the Public Records of Athens-Clarke County, Georgia, and graphically depicting the subdivided or combined Units, as the case may be and the Association shall be required to execute any such amendment. No relocation of boundaries between Units by Declarant pursuant to this section 6.5(a) shall operate in any manner to change the Unit boundaries, Unit Percentage in Common Elements or Limited Common Elements that have been previously conveyed to any Unit Owner other than Declarant, unless such Unit Owner, and his Mortgagee consent, in writing. The foregoing right of Declarant shall terminate and cease upon conveyance of all Units to purchasers other than the Declarant.
(b) Except as provided in section 6.5(a), boundaries between adjoining Residential Units may not be relocated.
(c) Unless soction 6.5(a) applies, boundaries between adjoining Commercial Units may be relocated only in accordance with the provisions of section 443-91 of the Act.
(d) Unless section 6.5(a) applies, boundaries between adjoining Bus Depot Units may be relocated only in accordance with the provisions of section 44-3-91 of the Act.
6.5 Subdivision of Units.
(a) No Residential Unit Owner may subdivide a Residential Unit.
(b) A Commercial Unit Owner may subdivide his Commercial Unit in accordance with section 44-3-92 of the Act.
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COMMON ELEMENTS ARTICLE 7
7.1 Generally. Ownership of the Condominium Common Elements shall be by the Unit Owners as teaants-in-common. Ownership of the Residential Common Elements shall be by the Residential Unit Owners as tenants-in-common. Ownership of the Commercial Common Elements shall be by the Commercial Unit Owners as tenants-in-common. Ownership of the Bus Depot Common Residential/Commercial Shared Common Elements shall be by the Residential Unit Owners and the Elements shall be by the Bus Depot Unit Owners as tenants-in-common. Ownership of the Commercial Unit Owners as tenants-in-common. The ownership interest in the Common Elements shall be an undivided interest, and except as provided in the Act and this Declaration shall remain undivided No Unit Owner shall bring any action for partition or division of the Common Elements. The ownership interest in the Common Elements shall not be conveyed, transferred, encumbered or otherwise affected separate from the ownership of the Unit, and any agreement to the contrary shall be void.
7.2 Condominium Common Elements. Except as otherwise provided herein, the Association and each Unit Owner may use the Condominium Common Elements for the purposes for Owners. Each Unit Owner and Occupant shall have a right and easement of use and enjoyment in and to which they are intended, but no such use shall enter or encroach upon the lawful rights of the other Unit Unit over any portions of the Condominium designated for such purpose) and such casement shall be the Condominium Common Elements (including the right of access, ingress and egress to and from the appurtenant to and shall pass with the title to such Unit, subject to the rights of the Unit Owners to the exclusive use of the Limited Common Elements assigned to their respective Units and to the right of the terms of this Declaration. Every portion of a Unit and all Limited Common Elements contributing to the Association to control the use and enjoyment of the Condominium Common Elements as provided by the Unit. support of an abutting Unit shall be burdened with an easement of support for the benefit of the abutting
7.3 Residential Common Elements. Except for Residential Limited Common Elements or as the purposes for which they are intended, but no such use shall enter or encroach upon the lawful rights of otherwise provided herein, each Residential Unit Owner may use the Residential Common Elements for the other Residential Unit Owners. Each Residential Unit Owner and his Occupant shall have a right and casement of use and enjoyment in and to the Residential Common Elements (including the right of designated for such purpose) and such easement shall be appurtenant to and shall pass with the title to access, ingress and egress to and from his Residential Unit over any portions of the Gameday Area Residential Limited Common Elements assigned to their respective Residential Units and to the right of such Residential Unit, subject to the rights of the Residential Unit Owners to the exclusive use of the terms of this Declaration. the Association to control the use and enjoyment of the Residential Common Elements as provided by the
7.4 Commercial Common Elements. Except for Commercial Limited Common Elements or for the purposes for which they are intended, but no such use shall enter or encroach upon the lawful as otherwise provided herein, each Commercial Unit Owner may use the Commercial Common Elements right and easement of use and enjoyment in and to the Commercial Common Elements (including the rights of the other Commercial Unit Owners. Each Commercial Unit Owner and Occupant shall have a right of access, ingress and egress to and from his Commercial Unit over any portions of the Gameday Area designated for such purpose) and such easement shall be appurtenant to and shall pass with the title to such Commercial Unit, subject to the rights of the Commercial Unit Owners to the exclusive use of the AO 983886.11 10
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Commercial Limited Common Elements assigned to their respective Commercial Units and to the right of the Association to control the use and enjoyment of the Commercial Common Elements as provided by the terms of this Declaration.
7.5 Bus Depot Common Elements. Except for Bus Depot Limited Common Elements or as otherwise provided herein, each Bus Depot Unit Owner may use the Bus Depot Common Elements for the purposes for which they are intended but no such use shall enter or encroach upon the lawful rights of the other Bus Depot Unit Owners. Each Bus Depot Unit Owner and Occupant shall have a right and easement of use and enjoyment in and to the Bus Depot Common Elements (including the right of access, ingress and egress to and from his Bus Depot Unit over any portions of the Bus Depot Area designated for such purpose) and such casement shall be appurtenant to and shall pass with the title to such Bus Depot Unit, subject to the rights of the Bus Depot Unit Owners to the exclusive use of the Bus Depot Limited Common Elements assigned to their respective Bus Depot Units and to the right of the Association to control the use and enjoyment of the Bus Depot Common Elements as provided by the terms of this Declaration.
7.6 Residential/Commercial Shared Common Elements. Except as otherwise provided herein, each Residential Unit Owner and Commercial Unit Owner may use the Residential/Commercial Shared Common Elements for the purposes for which they are intended, but no such use shall enter or encroach upon the lawful rights of the other Unit Owners. Each Residential Unit Owner and Commercial Unit Owner and Occupant shall have a right and easement of use and enjoyment in and to the Residential/Commercial Shared Common Elements (including the right of access, ingress and egress to and from his Residential Unit or Commercial Unit over any portions of the Condominium designated for such purpose) and such easement shall be appurtenant to and shall pass with the title to such Residential Unit or Commercial Unit, subject to the right of the Association to control the use and enjoyment of the Residential/Commercial Shared Common Elements as provided by the terms of this Declaration.
ARTICLE 8
LIMITED COMMON ELEMENTS
8.1 Residential Limited Common Elements. The Residential Limited Common Elements attributable to a Residential Unit are reserved for the exclusive use of the Residential Unit Owner(s) and their Occupants which are assigned such Residential Limited Common Elements. The Residential Limited Common Elements attributable to a Residential Unit are as follows and as may be more specifically as set forth in the Plans:
any steps, ramps, decks, porches, balconies and air conditioning, heating, ventilating, exhaust, mechanical, electrical, telecommunications or other building systems adjoining and serving a particular Residential Unit;
(b) any gas, electric, water or other utility meter that serves a particular Residential Unit;
(c) sidewalks immediately adjacent to a particular Residential Unit and serving such Residential Unit; and
(d) attic space above a Residential Unit to the extent accessible from such Residential Unit.
Although not a Residential Limited Common Element, each Residential Unit will be assigned one (1) mailbox or mail slot in the Mailroom.
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8.2 Commercial Limited Common Elements. The Commercial Limited Common Elements attributable to a Commercial Unit are reserved for the exclusive use of the Commercial Unit Owner(s) and their Occupants which are assigned such Commercial Limited Common Elements. The Commercial Limited Common Elements attributable to a Commercial Unit are as follows and as may be more specifically as set forth on the Plans:
(a) any steps, ramps, decks, porches, balconies and air conditioning, heating, ventilating, exhaust, mechanical, electrical, telecommunications or other building systems adjoining and serving a particular Commercial Unit;
(b) any gas, electric, water or other utility meter that serves a particular Commercial Unit;
(c) sidewalks immediately adjacent to a particular Commercial Unit and serving such Commercial Unit; and
(d) attic space above a Commercial Unit to the extent accessible from such Commercial Unit.
Although not a Commercial Limited Common Element, each Commercial Unit will be assigned one (1) mailbox or mail slot in the Mailroom. The Commercial Unit 113 Upper Level Areas are Limited Common Elements of Commercial Unit 113 and may be used for any lawful purpose which does not Occupants. interfere with the use and enjoyment of the Residential Units by the Residential Unit Owners and their
8.3 Bus Depot Limited Common Elements. The Bus Depot Limited Common Elements attributable to a Bus Depot Unit are reserved for the exclusive use of the Bus Depot Unit Owner(s) and their Occupants which are assigned such Bus Depot Limited Common Elements. The Bus Depot Limited forth in the Plans: Common Elements attributable to a Bus Depot Unit are as follows and as may be more specifically as set
(a) any steps, ramps, decks, porches, balconies and air conditioning, heating, serving a particular Bus Depot Unit; ventilating, exhaust, mechanical, electrical, telecommunications or other building systems adjoining and
(b) any gas, electric, water or other utility meter that serves a particular Bus Depot Unit;
(c) sidewalks immediately adjacent to a particular Bus Depot Unit and serving such Bus Depot Unit; and
(d) attic space above a Bus Depot Unit to the extent accessible from such Bus Depot Unit.
ARTICLE 9
ASSIGNMENT AND REASSIGNMENT
OF LIMITED COMMON ELEMENTS
9.1 By Declarant. Declarant reserves the sole and exclusive right:
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(b) until such time as a Commercial Unit has been conveyed to a purchaser other than Declarant, to assign or reassign a Commercial Limited Common Element with respect to such Commercial Unit.
(c) until such time as a Bus Depot Unit has been conveyed to a purchaser other than Declarant, to assign or reassign a Bus Depot Limited Common Element with respect to such Bus Depot Unit.
9.2 By the Board of Directors. The Board of Directors, without a membership vote, is hereby authorized to assign and to reassign Residential Limited Common Elements and Commercial Limited Common Elements (but not without the approval of all Unit Owners assigned such Limited Common Element). The Board of Directors may not assign or reassign Bus Depot Limited Common Elements without the consent of a Majority of the Bus Depot Unit Owners. Additionally, any assignment or reassignment of Limited Common Elements shall otherwise be made in accordance with the provisions of section 44-3-82 of the Act.
ARTICLE 10
ALLOCATION OF UNDIVIDED INTEREST
IN THE COMMON ELEMENTS
10.1 Condominium Common Elements. The Condominium Common Elements shall be allocated in undivided interests to the Unit Owners as follows: (a) ninety percent (90%) to the Residential Unit Owners in proportion to their respective Unit Percentages, (b) five percent (5%) to the Commercial Unit Owners in proportion to their respective Unit Percentages and (c) five percent (5%) to the Bus Depot Unit Owners in proportion to their respective Unit Percentages.
10.2 Residential Common Elements. Each Residential Unit shall be allocated an undivided interest in the Residential Common Elements equal to its Unit Percentage.
10.3 Commercial Common Elements. Each Commercial Unit shall be allocated an interest in the Commercial Common Elements equal to its Unit Percentage.
10.4 Bus Depot Common Elements. Each Bus Depot Unit Owner shall be allocated an interest in the Bus Depot Common Elements equal to its Unit Percentage.
10.5 Residential/Commercial Shared Common Elements. The Residential/Commercial Shared Common Elements shall be allocated in undivided interests to the Residential Unit Owners and the Commercial Unit Owners as follows: (a) ninety-five percent (95%) to the Residential Unit Owners in proportion to their respective Unit Percentages and (b) five percent (5%) to the Commercial Units in proportion to their respective Unit Percentages.
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ALLOCATION OF VOTES IN THE ASSOCIATION ARTICLE 11
11.1 Generally.
(a) Except for the matters described in sections 11.1 (b), (c) and (d), each Unit Owner shall have one vote in the Association equal to (i) for each Residential Unit Owner, ninety percent Percentage and (iii) for each Bus Depot Unit Owner, five percent (5%) of his Unit Percentage. (90%) of his Unit Percentage, (ii) for each Commercial Unit Owner, five percent (5%) of his Unit
(b) Each Residential Unit Owner shall have one vote in the Association for matters Residential/Commercial Shared Common Elements) equal to his Unit Percentage. relating solely to the Residential Component (other than the Condominium Common Elements and the
(c) Each Commercial Unit Owner shall have one vote in the Association for matters Residential/Commercial Common Elements) equal to his Unit Percentage. relating solely to the Commercial Component (other than the Condominium Common Elements and the
(a) Each Bus Depot Unit Owner shall have one vote in the Association for matters his Unit Percentage. relating solely to the Bus Depot Component (other than the Condominium Common Elements) equal to
(e) Each Residential Unit Owner and each Commercial Unit Owner shall have one vote in the Association for matters relating solely to the Residential/Commercial Shared Common Elements equal to (i) for each Residential Unit Owner, ninety-five (95%) of his Unit Percentage and (ii) for each Commercial Unit Owner, five percent (5%) of his Unit Percentage.
11.2 Special Provisions. Notwithstanding any other provision in this Declaration or other Condominium Documents, this section 11.2 shall apply to any matter requiring the vote or other approval of the Unit Owners, which vote or approval is not exclusively reserved to less than all Components. No rights and obligations provided to a Component or its Unit Owners under this Declaration and the other action may be taken by the Unit Owners if such action would result in a material and adverse effect to the Component (s) that would be so adversely effected. Condominium Documents, unless such action is approved by a Majority of the Unit Owners of such
ALLOCATION OF LIABILITY FOR COMMON EXPENSES ARTICLE 12
12.1 Condominium Common Expenses. Condominium Common Expenses (other than those attributable to the Ground Level Parking Area until the Conversion Date) shall be allocated and assessed as follows: (a) ninety percent (90%) among the Residential Unit Owners in proportion to their respective Unit Percentages, (b) five percent (5%) among the Commercial Unit Owners in proportion to their respective Unit Percentages and (c) five percent (5%) among the Bus Depot Unit Owners in proportion to Ground Level Parking Area shall be allocated and assessed as follows: (a) ninety-five percent (95%) their respective Unit Percentages. Until the Conversion Date, common expenses attributable to the (5%) to the Commercial Unit Owners in proportion to their respective Unit Percentages. From and after among the Residential Unit Owners in proportion to their respective Unit Percentages and (b) five percent the Conversion Date, common expenses attributable to the Ground Level Parking Area shall be allocated and assessed in the proportions set forth in the first sentence of this section 12.1
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12.2 Residential Common Expenses. Residential Common Expenses shall be allocated and assessed among the Residential Unit Owners in proportion to their respective Unit Percentages.
12.3 Commercial Common Expenses. Commercial Common Expenses shall be allocated and assessed among the Commercial Unit Owners in proportion to their respective Unit Percentages.
12.4 Bus Depot Common Expenses. Bus Depot Common Expenses shall be allocated and assessed to the Bus Depot Unit Owners in proportion to their respective Unit Percentages.
12.5 Residential/Commercial Shared Common Expenses. Residential/Commercial Shared Common Expenses shall be allocated and assessed (a) ninety-five percent (95%) among the Residential Unit Owners in proportion to their respective Unit Percentages and (b) five percent (5%) among the Commercial Unit Owners in proportion to their respective Unit Percentage.
12.6 Residential Limited Common Expenses. Residential Limited Common Expenses shall be allocated and assessed among the Residential Unit Owners assigned such Residential Limited Common Element in proportion to their respective Unit Percentages.
12.7 Commercial Limited Common Expenses. Commercial Limited Common Expenses shall be allocated and assessed among the Commercial Unit Owners assigned such Commercial Limited Common Element in proportion to their respective Unit Percentages.
12.8 Bus Depot Limited Common Expenses. Bus Depot Limited Common Expenses shall be allocated and assessed among the Bus Depot Unit Owners assigned such Bus Depot Limited Common Elements in proportion to their respective Unit Percentages.
ARTICLE 13
THE ASSOCIATION
13,1 Generally. The powers of the Association and the Board of Directors shall be as set forth in this Declaration, and shall be subject to the limitations and restrictions set forth in the Act, the Nonprofit Code, the Articles of Incorporation and the Bylaws.
13.2 Board of Directors. The Board of Directors is the governing body of the Association. 13.3 Committees. Pursuant to the Bylaws, and subject to the Nonprofit Code, the Board of Directors shall establish the Residential Board Committee, the Commercial Board Committee and the Bus Depot Board Committee. As provided in the Bylaws, all action or other determination required by the Board of Directors which relate solely to (a) the Residential Component or the Commercial Component or the Bus Depot Component, shall be determined by the Residential Board Committee or the Commercial Board Committee or the Bus Depot Board Committee, respectively and (b) the Residential/Commercial Shared Common Elements, shall be determined by the Residential Committee and Commercial Committee, acting jointly. All references in this Declaration to actions or other determinations by the Board of Directors which relate solely to the Residential Component or Commercial Component, the Bus Depot Component or the Residential/Commercial Shared Common Elements shall be interpreted to mean actions or other determinations by the Residential Board Committee, the Commercial Board Committee and/or the Bus Depot Board Committee, as described in the immediately preceding sentence.
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RV: 02681 Pz, 0289 13.4 Limitations on Authority.
(a) Without the consent of a Majority of the Bus Depot Unit Owners, the Association to the Bus Depot Component. shall have no authority to take the actions specified in sections 44-3-106(a) and (b) of the Act with respect
(b) Without the consent of a Majority of the Bus Depot Unit Owners, neither the regulations concerning the Bus Depot Component. Board of Directors nor the Association shall promulgate any Rules and Regulations or other rules and
PREPARER OF DECLARATION ARTICLE 14
Edward Hales, Jr., Esq. of Sutherland Asbill & Brennan LLP, 999 Peachtree St., N.E, Atlanta, Georgia Preparer. The name and address of the attorney who prepared this Declaration is H.
GAMEDAY AREA RESTRICTIONS ARTICLE 15
15.1 Generally. For the purpose of assuring the maximum enjoyment of the Condominium by the restrictions set forth on Exhibit B attached hereto and no Commercial Units may be used, occupied or all of the Unit Owners and Occupants, the Residential Units and the Commercial Units will be subject to leased for any of the prohibited uses set forth on Exhibit C attached hereto.
15.2 Compliance by Residential Unit Owners and Commercial Unit Owners, Occupants and Lessees. Each Residential Unit Owner and Commercial Unit Owner shall cause his Occupants to comply with all of the restrictions set forth in this Article 15, the Rules and Regulations and such other reasonable Board of Directors. All agreements by which a Residential Unit or a Commercial Unit is leased shall rules and regulations concerning the Condominium as may be promulgated from time to time by the Declaration and the Bylaws, and that any failure by the lessee to comply with the terms of such provide that the terms of such lease shall be subject in all respect to all of the terms and provisions of the documents shall be a default under such lease agreements.
15.3 Leasing of Residential Units and Commercial Units. Residential Units and Commercial Units may be leased by their respective Unit Owners subject to the covenants and restrictions of this Declaration and subject to the Rules and Regulations governing leasing established by the Board of Directors. Any lease agreement shall be required to provide that the lessee, sublessee, his invitecs, employees and guests comply with the terms of the Declaration and that any failure by the lessee, under the lease. All leases shall be required to be in writing. sublessee, his invitees, employees or guests to comply with the terms of such documents shall be a default 15.4 No Adverse Affect to Bus Depot Area. The Gameday Area shall not be used for any use a nonconforming use or otherwise violate the requirements of its zoning classification from time to time. which would violate existing zoning laws or requirements or would cause the Bus Depot Area to become 15.5 Broad Street Driveway. The use of the Broad Street Driveway by the Commercial Unit Owners and their Occupants shall be limited to access to the Dumpster Area
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BK 02681 P: 0290 BUS DEPOT ARTICLE 16
16.1 Generally. The Bus Depot Area may include such improvements, including without limitation, structures, surface parking, driveways and landscaping as the Declarant or a Majority of the Bus Depot Unit Owners determine from time to time. Without limiting the generality of the foregoing, Owners shall have the right to demolish existing improvements located on the Bus Depot Area and and notwithstanding any other provision herein, the Declarant or a Majority of the Bus Depot Unit reconfigure and/or construct and re-construct new improvements thereon.
16.2 Use Restrictions. The Bus Depot Area shall not be used for any residential or hotel use if become a nonconforming use with respect to density requirements under such zoning laws or such use would violate existing zoning laws or requirements or would cause the Gameday Area to prohibited uses described in Exhibit C. requirements. Additionally, no part of the Bus Depot Area may be used, occupied or leased for any of the 16.3 Retaining Walls and Foundation Walls. Declarant and a Majority of the Bus Depo and/or walkways through the retaining walls and/or foundation walls located at or near the western Unit Owners reserve the sole and exclusive right to construct one or more ramps, driveways, stairwells Such construction shall be at the cost and expense of Declarant or Bus Depot Owners, but after boundary of the Broad Street Driveway. Such improvements shall be a Condominium Common Element. construction costs attributable to such improvements shall be Condominium Common Expenses. 16.4 Adjoining Property. Declarant and thereafter the Bus Depot Unit Owners may enter into tie-in agreements with any landowner of property adjoining the Bus Depot Area which agreements may permit, without limitation, access to and from such adjoining property to the Bus Depot Area and such structures are located on such adjoining property, they are not part of the Condominium. construction of structures on both the Bus Depot Area and such adjoining property. To the extent any
ARTICLE 17 PARKING
Parking Area will be a Residential Common Element. 17.1 Generally. As depicted on the Plans there will be a Parking Deck. The Residential Condominium Common Element. The Residential Board Committee may cause the Association to lease The Ground Level Parking Area will be a determines, for use by the Residential Unit Owners of two-bedroom Residential Units (other than one or more parking lots (each, an "Overflow Lot"), on such terms as the Residential Board Committee may from time to time in its discretion amend the rules and regulations set forth in this Declaration penthouses) and/or their Occupants and guests as provided in section 17.2(c). The Board of Directors regarding the use of the Ground Level Parking Area for Non-Peak Hours only, which may include the exclusive use of the Ground Level Parking Area during Non-Peak Hours by the Residential Unit Owners; Residential Unit Owners to use the Ground Floor Parking Area as provided in section 17.2(c). provided that amendments shall not materially and adversely alter the rights of the two-bedroom 17.2 Residential Unit Parking. All Parking Spaces in the Residential Parking Area not Residential Unit Owners, their Occupants and guests. Reserved Residential Parking Spaces will be specifically assigned to a Residential Unit shall be considered general parking areas for the use of assigned to Residential Units by the Board of Directors. The Board of Directors will give consideration to the location of the Residential Unit in respect to the location of the designated spaces. Each Residential Unit will be entitled to the following number of Parking Spaces:
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B₺ 02681 ₽ 0291 each three-bedroom Residential Unit shall be entitled to two (2) Reserved Residential Parking Spaces;
(b) each two-bedroom penthouse Residential Unit shall be entitled to two (2) Reserved Residential Parking Spaces;
(c) each two-bedroom Residential Unit (other than two-bedroom penthouse Residential Units) shall be entitled to (i) one (1) Reserved Residential Parking Space, (ii) during Home Game Hours, on a non-exclusive, first-come, first-served basis, one (1) Unassigned Ground Level Parking Space or one (1) Parking Space in the Overflow Lot, if any, and (iii) during Non-Pea Hours, on a nonexclusive first-come, first-served basis, one (1) Unassigned Ground Level Parking Space, during which time Commercial Unit Owners and their Occupants and guests, and from and after the Conversion Date Bus Depot Unit Owners and their Occupants and guests, shall also be entitled a non-exclusive, first-come, first-served basis, to use such Unassigned Ground Level Parkings; and
(d) each one-bedroom Residential Unit shall be entitled to onc (1) Rescrved Residential Parking Space.
Commercial Unit Parking. During Peak Hours, all Unassigned Ground Level Parking Spaces shall be considered general parking areas for the Commercial Units, and from and after the Conversion Date, the Bus Depot Units, and their respective Occupants and guests. Reserved Commercial Spaces may be assigned to Commercial Units by the Board of Directors from time to time, provided that no Reserved Commercial Parking Space may be reserved to any Commercial Unit or any other person during Home Game Hours. Additionally, during Non-Peak Hours, all Unassigned Ground Level Parking Spaces not specifically assigned to a Commercial Unit may be used by the two-bedroom Residential Unit Owners (other than penthouse Residential Units) and their Occupants and guests as provided in section 17.2(c), and from and after the Conversion Date by the Bus Depot Unit Owners, their Occupants and
17.4 Bus Depot Unit Parking.
Parking in the Bus Depot Area shall be on such terms and conditions as the Declarant or a Majority of the Bus Depot Unit Owners shall determine.
From and after the Conversion Date, the Bus Depot Unit Owners and their respective Occupants and guests shall have the right to use the Ground Level Parking Area, subject only to those restrictions imposed on all Commercial Unit Owners.
Other Assignments. The Board of Directors shall, from time to time, make such additional assignments of Parking Spaces as they deem necessary and shall designate such Parking Spaces as "disabled" or "handicapped" or similar designation as may be required by the Americans with Disabilities Act and/or similar laws.
17.6 Size and Types of Permitted Vehicles in Parking Deck. Only a passenger automobile or a pick-up truck in operating condition or delivery trucks making deliveries to Commercial Units may be parked upon or in designated automobile Parking Spaces. The Board of Directors is authorized to prohibit the parking of all boats, recreational vehicles or other oversized vehicles in the Parking Deck. The Board of Directors may cause property stored or parked in violation of the provisions of this section 17.5 to be removed at the expense of the Unit Owner who parked or stored the same or whose Occupant, lessee, invitee, or lessee's invitee parked or stored the same, or at the expense of the Unit Owner on whose behalf the same is parked or stored, or who caused or permitted such parking or storage. The cost
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of removal and further storage shall be assessed against the Unit Owner liable for such cost hereunder Provided, however, that Declarant and its agents may park such trucks, vehicles or equipment in the Parking Deck as are necessary to complete construction to provide maintenance to any Unit, Common Element or Limited Common Elemen. Boats, trailers, trucks, motorcycles, mini-bikes, recreational vehicles or non-automobiles may be parked only in parking areas, if any, set aside by the Board of Directors for such purposes. These restrictions on recreational vehicles and non-automobiles may be enforced by removal and storage in the same manner as stated above, including the right of the Association to charge a fee for such removal and storage.
17.7 Enforcement and Fees.
(a) The Association may adopt such rules and regulations and/or employ gate access or other control systems to enforce the parking rights and restrictions set forth in this Article 17.
(b) The Association shall be permitted to collect reasonable fees from Residential Unit Owners for replacement of parking access cards and/or parking hang-tags.
ARTICLE 18
REPAIR AND MAINTENANCE
18.1 Units. Each Unit Owner shall be responsible for the maintenance, repair, renovation, restoration and replacement of all portions of his Unit, including, without limitation, the heating, air conditioning and interior electrical and plumbing systems and the exterior doors and glass surfaces. All such maintenance, repair, renovation, restoration and replacement work shall be performed by each Unit Owner in such a manner so as to cause as little disturbance to the Unit Owners and Occupants of the other Units as is reasonably possible.
18.2 Limited Common Elements. Each Unit Owner shall be responsible for the maintenance, repair, renovation, restoration and replacement of all of the Limited Common Elements assigned to his Unit. All such maintenance, repair, renovation, restoration and replacement work to be performed by the Unit Owner shall be done in such a manner so as to cause as little disturbance to the Unit Owners and Occupants of the other Units as is reasonably possible.
18.3 Common Elements. The Association shall be responsible for the maintenance, repair, renovation, restoration and replacement of the Common Elements. In performing such responsibility, the Association shall do the following:
(a) provide maintenance and repair of driveways and parking areas;
(b) repair, replace and maintain all utility lines, pipes, wires and conduits serving the Units (except for those forming a part of the heating and air conditioning and interior electrical and plumbing systems, for which each Unit Owner shall be responsible);
(c) provide maintenance of the common areas including landscaping, and (d) pay common area taxes and utilities.
18.4 Prohibited Changes. No Residential Unit Owner and no Commercial Unit Owner shall paint or otherwise change the exterior appearance of his Unit, or of any other portion of the Property, including any of the Limited Common Areas assigned to his Unit, without having first obtained the written consent of the Board of Directors. Additionally, the design, type, location, size, intensity and
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B₺ 02681 Pg 0293 color of all exterior lights (including both those mounted as part of the original design of the Property and those mounted with the consent of the Board of Directors) located in the Gameday Area shall be subject to the control of the Board of Directors. The restrictions contained in this section 18.4 shall not apply to any Bus Depot Unit Owner or his Unit or the Bus Depot Component.
18.5 Maintenance Required by Unit Owners. In the event the Board of Directors shall determine that the need for maintenance or repairs by the Association as provided in section 18.3 is caused through the willful or negligent act of a Unit Owner, his Occupant, lessee, or their sublessees, assignees, guests or invitees, and not paid for by insurance, the cost of performing such maintenance or repair shall be added to and become a part of the assessments to which such Unit Owner is subject.
18.6 Special Provision Regarding Taxes. Ad valorem real property taxes and other assessments against the Property (other than the Units) shall not be Condominium Common Expenses Such amounts shall be equitably allocated by the Association between the Residential/Commercial Shared Common Expenses and Bus Depot Common Expenses based on the relative values of the structures located on the Gameday Area and Bus Depot Area, respectively. If any Unit Owner disputes such allocation, resolution of such dispute must be made in accordance with Artick 33.
ARTICLE 19
CONTROL BY DECLARANT
19.1 Generally. Notwithstanding anything contained elsewhere in this Declaration, or in the Articles of Incorporation or Bylaws, which may be construed to the contrary, the Declarant shall be authorized to appoint and remove any member or members of the Board of Directors and officer or officers of the Association. The Declarant's authority to so appoint and remove members of the Board of Directors and officers of the Association shall expire upon the first of the following to occur:
(a) the expiration of three (3) years after the date of recording of this Declaration; (b) the date as of which Units to which four-fifths (4/5) of the undivided interests in Declarant; the Common Elements shall have been conveyed by the Declarant to Unit Owners other than the
(c) the surrender by the Declarant of the authority to appoint and remove members of the Board of Directors and officers of the Association by an express amendment to this Declarant executed and recorded by the Declarant.
ARTICLE 20
ASSESSMENTS
20.1 Purpose. Assessments shall be levied against the Unit Owners and the Units to defray the common expenses of the Property. Common expenses shall be calculated separately for the respective Common Elements and Limited Common Elements. Directors. Common expenses shall include the following: Assessments shall be made by the Board of
(a) management fee, if any, and expenses of administration of all or any portion of the Condominium;
(b) common utility bills and charges for other common services, including but not limited to water and sewerage;
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(c) premiums for all insurance policies maintained by the Association; (d) the expenses of performing the maintenance, repair, renovation, and replacement work which is the responsibility of the Association under section 18.3;
(e) such other costs and expenses as may be determined from time to time by the Board of Directors to be common expenses; and
the creation and maintenance of such reserve funds as are required to be maintained by the Association under sections 20.5 and 20.8, and such other reserve funds as the Board of Directors shall determine, including but not limited to a reserve for repairs and maintenance.
20.2 Budget; Payment Dates. No less than thirty / (30) days prior to the commencement of each fiscal year of the Association, the Board of Directors sh Il adopt a budget for the succeeding fiscal year, which budget (a) shall estimate the amount of comi ses which are anticipated to be incurred during such year and (b) shall make provision for an te reserve fund for maintenance, repair and replacement of those portions of the Common Elements that must be ro eplaced on a periodic basis. Prior to the commencement of such fiscal year, the Board of Directors shal urnish a copy of such budget to each Unit Owner, together with a written statement of the amount of s uch common expenses which shall be assessed against such Unit Owner for such fiscal year. ise determined by the Board of Directors, such assessment shall be due on January he Board of Directors shall be authorized to prorate the annual assessment into twelve (12) n ly or four (4) quarterly installments. In addition, any fees, charges and other amounts payable by any Unit Owner to the Association shall be added to and shall, unless paid at the time the same are incurred or at some other time determined by the Board of Directors, be due and payable as part of the installment of the assessment next coming due.
20.3 Special Assessments. If, for any reason, including nonpayment of any Unit Owner's assessments, an annual budget adopted by the Board of Directors for any fiscal year proves inadequate to defray the common expenses for such fiscal year, the Board of Directors may, at any time, levy a special assessment to raise the additional funds necessary to defray such common expenses, which special assessment shall be due and payable at such time and in such installments as the Board of Directors shall circumstances described in section 23.7(b). determine. Additionally, the Board of Directors shall be authorized to levy special assessments under the
20.4 Special Assessments for Capital Improvements. In addition to the assessments which shall be levied against the Unit Owners under sections 21.2 and 21.3, the Board of Directors shall be authorized, upon the affirmative vote of the Unit Owners to which three-fourths (3/4ths) of the undivided interest in the Common Elements is allocated, to levy a special assessment for the purpose of defraying, in whole or in part, the costs of any capital improvements to be made upon the Common Elements, or for the costs of making repairs or replacements which are not provided for in the then current budget of the Association. Any such special assessments for the capital improvements and repairs shall be payable at such time and in such installments as the Board of Directors shall determine.
20.5 General Operating Fund/Residential. The Declarant, on behalf of the Association, shall establish a general operating fund (the "General Operating Fund") to meet unforeseen Condominium expenditures or to purchase any additional equipment or services relating to the Common Elements. A non-refundable contribution to the General Operating Fund shall be paid by the first purchaser of each Unit from Declarant at the closing of each initial sale in the amount equal to two (2) months of the monthly general assessment chargeable to such Unit at the time of such sale.
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20.6 Collection. In addition to all other remedies provided by law, the Association may enforce collection of the assessments for which a Unit Owner is liable, together with all other amounts as may be owed by such Unit Owner to the Association, as hereinafter provided.
(a) In the event that any Unit Owner shall fail to pay any installment of any assessment levied against him within thirty (30) days after such installment shall be due and payable and within ten (10) days after written notice is mailed to the Unit Owner, the entire unpaid balance of such assessment for the remainder of the fiscal year may, at the option of the Board of Directors, be accelerated and be declared immediately due and payable in full, without notice to such Unit Owner.
(b) In the event that any Unit Owner shall fail to pay within thirty (30) days after the same shall be due, any amounts due and payable to the Association, such Unit Owner shall be liable for the payment of, and shall pay, in addition to the amounts so due the Association:
(10%) of the amount so due, whichever is greater; a late charge equal to Ten and No/100 Dollars ($10.00) or ten percent
(ii) interest on the amount so due, and the aforesaid late charge appertaining thereto, from the date same were due and payable, at the rate of ten percent (10%) per annum, until paid; the cost of collection, including court costs, the expenses of sale, any incurred; and expenses required for the protection and preservation of the Unit, and reasonable attorneys' fees actually
(iv) in the event the Association shall seek to foreclose its lien on the Unit of such Unit Owner, the fair rental value of the Unit from the time of the institution of suit until sale of the Unit at foreclosure (or until the judgment rendered in such suit is otherwise satisfied).
The lien for assessments in favor of the Association provided by section 44-3109 of the Act shall include, without limitation all sums as may become payable by a Unit Owner to the Association pursuant to sections 18.5, 21.2 and 24.5
(d) The rights of a Unit Owner and all persons entitled to occupy the Unit of such Unit Owner, to use the Common Elements shall be suspended for the period of time any amount due and owing to the Association in regard to any Unit owned by such Unit Owner shall remain unpaid; provided, however, that no such suspension shall deny any Unit Owner, or Occupant, access to the Unit owned or occupied, nor cause any hazardous or unsanitary condition to exist.
20.7 Fee for Statements of Amounts Due. The Association may require the payment of a fee, to section 44-3-109(d) of the Act. not to exceed Ten and No/100 Dollars ($10.00), as a prerequisite to its issuance of any statement pursuant
20.8 Reserves and Working Capital. The Association shall establish an adequate reserve fund for the periodic maintenance, repair or replacement of the Common Elements and Limited Common Elements of the Residential Component or the Commercial Component, which funds shall be maintained Owners. out of regular assessments for common expenses of Residential Unit Owners and Commercial Unit
20.9 Liability. Each Unit Owner shall be liable to the Association for all sums as are lawfully Declaration and the Articles of Incorporation and Bylaws. assessed by the Association against him or his Unit in accordance with the terms and provision of this
In addition to exercising the remedies
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B· 02681 Pg 0296 recover all amounts assessed against each Unit Owner in accordance with the provisions of this Article provided for in section 20.6, the Board of Directors may enforce such liability by an action at law to 20.
payment of the common expenses and to any reserves established in accordance with this Declaration 20.10 Surplus Any surplus remaining after the application of the common profits to the the Board of Directors shall determine. shall be either distributed to, or credited against, the next assessments chargeable to the Unit Owners, as
COMPLIANCE WITH CONDOMINIUM DOCUMENTS ARTICLE 21
21.1 Compliance. Every Unit Owner and Occupant shall comply with all of the provisions of the event of any breach or violation of any such provisions, the Association shall have the right to proceed this Declaration, the Articles of Incorporation, the Bylaws, and the applicable Rules and Regulations. In at law or in equity to compel compliance therewith. In the event any Unit Owner shall permit or suffer to exist any condition in his Unit or in the Limited Common Elements assigned to his Unit which is in or Limited Common Element and remove the thing or condition causing such violation, and the Unit violation of any of the foregoing provisions, the Association shall have the right to enter upon such Unit Owner who permitted or caused such violation to exist shall be fully liable to the Association for all costs and expenses it shall incur in connection therewith. All such costs and expenses shall be paid to the so entering upon any portion of the Property and removing such thing or condition. In the event the Association promptly upon demand. In no event shall the Association or its agents have any liability for suffering such condition to exist shall pay all reasonable attorneys' fees so incurred by the Association. Association shall employ legal counsel to enforce any of the foregoing, the Unit Owner permitting or
21.2 Remedies. In addition to the foregoing remedies of the Association, the Board of any condition to exist in violation of any of the foregoing provisions. All such fines shall be in an amount Directors shall have the power to impose and assess fines against any Unit Owner who permits or suffers determined by the Board of Directors; provided, however, that no such fine shall exceed the sum of Fifty and No/100 Dollars ($50.00) for any one violation, but each day a violation is continued or repeated after the Board of Directors shall have given the Unit Owner responsible for violation a written notice of the same shall be considered a separate violation. Association or the Board of Directors in exercising any right, power or remedy herein provided shall be No delay, failure or admission on the part of the breach occurring prior or subsequent thereto, and shall not bar or affect its enforcement. In no event shall deemed a waiver of the right to do so thereafter as to the same violation or breach, or as to a violation or the Board of Directors, or any of its agents, be liable to anyone whomsoever on account of any failure to bring any action on account of any violation or breach by any Unit Owner of any of the foregoing action under Georgia law against any other Unit Owners for failure to comply with the provisions of this provisions. Nothing contained herein shall prevent any aggrieved Unit Owner from having any right of Declaration, the Articles of Incorporation, the Bylaws and all applicable Rules and Regulations.
ARTICLE 22 INSURANCE
22.1 By Association.
(a) The Association shall obtain and maintain the following insurance policies:
() A multi-peril casualty insurance policy covering the Gameday Area and all Common Elements other than Bus Depot Common Elements, providing as a minimum for and AO 983886.11 23
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extended coverage, vandalism and malicious mischief on a replacement cost basis in an amount not less than 100% of the full replacement cost of all structures within the Condominium. The name of the insured under such casualty insurance policy shall be as follows: "Georgia Gameday Center Condominium Association, Inc. for use and benefit of individual Unit Owners of Georgia Gameday Center, a Condominium, Athens-Clarke County, Georgia." The amount of coverage of such casualty insurance shall be readjusted by reappraisal or revaluation of the insured property not less frequently than once every two (2) years. Such casualty insurance policy shall contain the standard mortgagee clause which shall be endorsed to provide that any proceeds shall be paid to the Association for the use and benefit of mortgagees as their interests may appear. Any fixtures, equipment or other property within the Units which are to be financed by a Security Instrument to be purchased by FNMA or FHLMC (regardless of whether or not such property is a part of the Common Elements) must be covered under such multi-peril casualty insurance policy and must include an "Agreed Among Endorsement" and, if available, an "Inflation Guard Endorsement."
(31) A comprehensive policy of public liability insurance covering all of the Common Elements and Limited Common Elements. Such liability insurance policy shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of a Unit Owner because of the negligent acts of the Association or other Unit Owners. Such liability insurance policy shall cover the Association, the Board of Directors, the officers of the Association, all agents and employees of the Association, and all Unit Owners and other persons entitled to occupy any Unit or other portion of the Property, shall be for at least $500,000.00 for injury including death to a single person, $1,000,000.00 for injury or injuries, including death, arising out of a single occurrence and $50,000.00 for property damage, with a cross liability endorsement to cover the Unit Owners as a group and shall include protection for damage to the property of others.
(iii) A policy of fidelity coverage against dishonest acts on the part of the members of the Board of Directors, the manager of the Condominium, and any employees or volunteers of the Association responsible for handling funds belonging to or administered by the Association. Said policy of fidelity coverage insurance shall name the Association as the named insured and shall be written in an amount which shall in no event be less than one and one half times the Association's estimated annual common expenses and reserves.
Such other insurance policies as the Board of Directors shall deem desirable for the benefit of the Association, its officers and directors or the Unit Owners, provided that except for the insurance described in sections 22.1(a)(ii), (iii) and (iv) no cost of the premiums for insurance that may constitute either a Condominium Common Expense or a Bus Depot Common Expense or a Bus Depot Limited Common Expense without the prior written consent of a Majority of the Bus Depot Unit Owners.
(b) Each policy of insurance which the Association is required to maintain under the provisions of this section 22.1 shall be written by a hazard insurance carrier which has a financial rating by Best's Insurance Reports of Class A:VI or better and which is licensed to transact business within the State of Georgia.
(c) All policies of insurance which the Association is re ed to maintain under the provisions of this section 22. 1 shall (i) not allow contributions or as: ents to be made against any Unit Owner or Mortgagee, (ii) not allow loss payments to be contingent upon any action by the insurance carrier's board of directors, policyholders or members, (ii) not include any limiting clauses (other than insurance conditions) which could prevent any Unit Owner or Mortgagee from collecting insurance proceeds and (iv) contain or have attached a mortgagee clause which provides that the insurance carrier
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shall notify in writing all Mortgagees at least ten (10) days in advance of the affective date of any reduction in, cancellation or nonrenewal of such policies.
(d) The Board of Directors may from time to time adjust upwards or downwards the insurance coverage required to be maintained by the Association pursuant to this section 22.1 based on the economic circumstances prevailing at such time. Additionally, at least once every two years the Board of Directors shall conduct a review of the insurance coverage maintained by the Association to determine if such insurance coverage meets the requirements of section 44-3-107 of the Act and is otherwise adequate.
(e) Notwithstanding any other provision herein, the cost of the premiums for all insurance policies maintained by the Association pursuant to section 22.1(a)(i) shall be Residential/Commercial Shared Common Expenses.
At the request of the Bus Depot Unit Owners, and only at their request, the Association will obtain and maintain the insurance policies described in section 22.1(a)(i) for the Bus Depot Component, which expenses shall constitute Bus Depot Common Expenses.
22.2 By Unit Owners. The Unit Owners may carry at their own initiative and expense the following insurance policies:
(a) a building additions, betterments and alterations endorsement to the master casualty insurance policy described in section 22.1(a)(i) for the exclusive benefit of the particular Unit Owner, such Unit Owner to be liable for (and the Association to be in no way liable for) the premium for such endorsement; and
(b) a "tenant's or condominium owner's policy" covering the contents of his Unit, personal injury and property damage liability, burglary and the like.
In no event shall any recovery or payment under the insurance co erage obtained and maintained by the Association be affected or diminished by insurance purchased by individual Unit Owners or Mortgagees, and no Unit Owner shall be entitled to exercise his right to maintain the additional insurance coverage set forth in this section 22.2 in such a way as to decrease the amount which the Association may realize under any insurance policy which it may have in force on the Property at any particular time.
22.3 Proceeds on Account of Damage to Common Elements. Insurance proceeds which shall be paid on account of damages to or destruction of any portion of the Common Elements shall be held by the Association in a construction fund, which shall be used for the purpose of repairing, reconstruction or rebuilding the portion of such Common Elements so damaged or destroyed, as provided in Article 23. If it shall be determined in accordance with the provisions of Article 23 not to repair, reconstruct or rebuild the portion of the Common Elements so damaged or destroyed, then the insurance proceeds paid on account of the occurrence of such damage or destruction to such portion of Common Elements shall first be used to clean up and landscape the Common Elements as necessary in view of the fact that such part of the Common Elements is not to be repaired, reconstructed or rebuilt, and the remaining insurance proceeds shall be disbursed to the Unit Owners in proportion to their undivided interest in such Common Elements, such disbursement to be made payable jointly to such Unit Owners and their Mortgagees. Notwithstanding anything contained in this Declaration, the Articles of Incorporation, the Bylaws, or the Act which may be construed to the contrary, in no event shall any insurance proceeds paid to the Association on account of the occurrence of any fire or other casualty be deemed to be common profits.
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22.4 Proceeds on Account of Damage to Units and Limited Common Elements. In the event that any insurance proceeds shall be paid to the Association on account of any damage to or destruction of any Unit or Units and/or any portion of the Limited Common Elements assigned to such Unit or Units, the Association shall be deemed to hold such insurance proceeds in a series of separate accounts, one such account for each Unit which is so damaged or destroyed, or which Unit's Limited Common Elements are so damaged or destroyed. The amount of Association in each such account shall be deter nce proceeds which shall be deemed to be held by the proceeds which shall be received by the Association as consequence of the damage or destruction to such ned by multiplying the entire amount of insurance Unit or Units and/or Limited Common Elements by a fraction, the numerator of which shall be the total estimated cost of repairing, reconstructing or rebuilding such Unit and Limited Common Elements on behalf of which such account is credited, and the denominator of which shall be the total estimated cost of repairing, reconstructing or rebuilding all of the Units and Limited Common Elements as a consequence of the damage to or destruction to which such insurance proceeds were paid. If it shall be determined in accordance with the provisions of Article 23 not to repair, reconstruct or rebuild any Unit which is so damaged or destroyed, then the amount of insurance proceeds which shall be held by the Association in the account for such Unit shall be disbursed to the Unit Owner of such Unit, such disbursement to be made jointly to the Unit Owner and his Mortgagee. after the Board of Directors shall have entered into a financial arrangement satisfactory to the Board of Such disbursement, however, shall be made only Directors whereby such Unit Owner shall pay for the cost of cleaning up and landscaping the property on which such Unit was located. Notwithstanding anything contained in this Declaration, the Articles of Incorporation or Bylaws which may be construed to the contrary, in no event shall any amounts as shall 22.4 be deemed to be common profits. be held by the Association for the account of any Unit Owner pursuant to the provisions of this section
22.5 Insurance Trustee. Notwithstanding any of the foregoing provisions and requirements relating to property or liability insurance, there may be named as an insured on behalf of the Association, the Associations' authorized representative, including any Trustee with whom such Association may enter into any Insurance Trust Agreement or any successor to such Trustee (each of whom shall be referred to herein as the "Insurance Trustee'), who shall have exclusive authority to negotiate losses under any policy providing such property or liability insurance and perform such other functions as are necessary to accomplish this purpose. successor Insurance Trustee designated by the Association, as attorney-in-fact for the purpose of Each Unit Owner appoints the Association or any Insurance Trustee or purchasing and maintaining such insurance, including: the collection and appropriate disposition of the proceeds thereof, the negotiation of losses and execution of relcases of liability, the execution of all documents and the performance of all other acts necessary to accomplish such purpose.
ARTICLE 23
DAMAGE OR DESTRUCTION OF PROPERTY
23.1 Estimates of the Cost of Repair. As soon as practicable following the occurrence of any damage to or destruction of any portion of the Property, the Board of Directors shall obtain reliable and detailed estimates of the cost of repairing or restoring such portion of the Property so damaged or destroyed to substantially the same condition as such portion of the Property was in prior to the occurrence of such damage or destruction, and shall proceed with the filing and adjustment of all claims arising under insurance maintained by the Association as a result of such damage or destruction.
23.2 Determination to Repair, Reconstruct or Rebuild Common Elements. Any damage to or destruction of the Common Elements will be repaired, reconstructed or rebuilt unless seventy-five percent (75%) of the Percentage Interests of the Unit Owners whose Units to which such Common Elements are assigned shall determine, within forty-five (45) days after the occurrence of the casualty, not to repair, reconstruct or rebuild the same.
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23.3 Determination to Repair, Reconstruct or Rebuild Residential Units and Commercial Units. The determination to repair, reconstruct or rebuild any Residential Unit or Commercial Unit which is damaged or destroyed by fire or any other casualty shall be made in the following manner:
Any such Residential Unit or Commercial Unit which is damaged, but not rendered untenantable, shall be repaired in all events.
(b) In the event that any such Residential Unit or Commercial Unit is so damaged or destroyed that such Residential Unit or Commercial Unit is thereby rendered untenantable, such Residential Unit or Commercial Unit shall be repaired, reconstructed or rebuilt unless, within forty-five (45) days after the occurrence of such casualty, (i) the Unit Owner of such Residential Unit or Commercial Unit, and (ii) Residential Unit Owners and Commercial Unit Owners which constitute two thirds (2/3) of the Unit Percentages of the Residential Unit Owners and the Commercial Unit Owners (exclusive of the Unit Percentage of the Unit Owner whose Residential Unit or Commercial Unit which has been rendered untenantable by such casualty) shall all determine not to repair, reconstruct or rebuild such Residential Unit or Commercial Unit so rendered untenantable.
23.4 Determination to Repair, Reconstruct or Rebuild Bus Depot Units. The determination to repair, reconstruct or rebuild any Bus Depot Unit which is damaged or destroyed by fire or any other casualty shall be made in the following manner:
At any time that there is only one (1) Bus Depot Unit, the determination to repair, rebuild or reconstruct shall be made by such Bus Depot Unit Owner in his sole and absolute discretion.
At any time that there is more than one (1) Bus Depot Unit, any Bus Depot Unit which is damaged, but not rendered untenantable, shall be repaired in all events.
At any time that there is more than one (1) Bus Depot Unit, in the event that any Bus Depot Unit is so damaged or destroyed that such Bus Depot Unit is thereby rendered untentable, such Bus Depot Unit shall be repaired, reconstructed or rebuilt unless, within forty-five (45) days after the occurrence of such casualty, (i) the Bus Depot Unit Owner of such Unit which is so rendered untentable, and (ii) the Bus Depot Unit Owners which constitute two-thirds (2/3) of the remaining Unit Percentages of all Bus Depot Unit Owners (exclusive of the Unit Percentage of the Bus Depot Unit Owner whose Bus Depot Unit which has been rendered untentable by such casualty) shall all determine not to repair, reconstruct or rebuild such Bus Depot Unit so rendered untentable.
Untentable. For purposes of sections 23.3 and 23.4, a Unit shall be deemed to be untentable only if as a consequence of this occurrence of a fire or other casualty, such Unit is not fit for habitation shall exceed one-half (1/2) of the fair market value of such Unit prior to the occurrence of such casualty.
23.6 Manner of Repair, Reconstruction or Rebuilding.
(a) Damage to any Common Elements (other than Bus Depot Common Elements) shall be repaired, reconstructed or rebuilt substantially in accordance with the plans and specification for such damaged property prior to the occurrence of such damage.
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Bk 02681 P: 0301 (b) Damage to any Bus Depot Common Elements shall be repaired, reconstructed or rebuilt in the manner determined by the Bus Depot Owners owning two-thirds (2/3) of the Unit Percentages of all Bus Depot Units.
(c) If the damage to be repaired, reconstructed or rebuilt is to any Residential Unit or Commercial Unit, such repair, reconstruction or rebuilding shall be substantially in accordance with the plans and specifications for such damaged Unit prior to the occurrence of such damage.
(d) If the damage to be repaired, reconstructed or rebuilt is to any Bus Depot Unit, such repair, reconstruction or rebuilding shall be in such a manner as determined by such Bus Depot Unit Owner, provided that there is no substantial adverse impact on any other Bus Depot Unit.
(e) All of the work of repairing, reconstructing or rebuilding any portion of the Property, the damage to or destruction of which caused the payment of insurance benefits under insurance policies maintained by the Association, shall be performed under the supervision of the Board of Directors, which, in discharging such supervisory responsibilities, shall be authorized to employ such building supervisors and architects as the Board of Directors shall deem to be in the best interest of the Association. The fees which shall be payable to any such building supervisor or architect employed by the Board of Directors shall be a common expense of the Association and shall be allocable to the appropriate Residential Component, Commercial Component and/or Bus Depot Component to which such work relates.
23.7 Costs of Repair, Reconstruction or Rebuilding.
(a) The cost of repairing, reconstructing or rebuilding any portion of the Common Elements shall be paid with any insurance proceeds which shall be paid to the Association on account of such damage or destruction. If such insurance proceeds are not sufficient to defray costs of repair, reconstruction or rebuilding, then the Board of Directors shall levy a special assessment against all of the Unit Owners and Units to which such Common Elements are assigned to raise the excess funds necessary to defray such costs.
(b) The cost of repairing, reconstructing or rebuilding each Unit which shall be damaged or destroyed any Limited Common Elements exclusively serving such Unit which shall be damaged or destroyed, shall be paid with the insurance proceeds which shall be paid to the Association on account of such damage or destruction and held by the Association in the account for such Unit, as provided in section 22.3. If the amounts which are held by the Association in the account for such Unit are not sufficient to defray such costs of repair, reconstruction or rebuilding, then the Board of Directors shall levy a special assessment against the Unit Owner of such Unit on behalf of which such account was created to raise the excess funds necessary to defray such costs. This section 23.7(b) shall only apply in the event a Unit which is damaged or destroyed is required to be repaired, reconstructed or rebuilt pursuant to sections 23.3 or 23.4.
ARTICLE 24
RULES AND REGULATIONS
24.1 Generally.
(a) The Board of Directors shall have the power and authority, without a membership vote, to adopt, make and amend reasonable Rules and Regulations in regard to the use of the Residential Component and the Commercial Component. The Board of Directors may only adopt, make and amend Rules and Regulations in regard to the Bus Depot Component with the consent of the Majority
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of the Bus Depot Unit Owners. Additionally, a Majority of the Bus Depot Unit Owners may, without the approval of the Board of Directors or the Association, adopt, make and amend Rules and Regulations concerning the Bus Depot Component. Copies of all such Rules and Regulations, and all amendments thereto, shall be furnished to all of the Unit Owners, upon request. Each Unit Owner and the Association shall be governed by and shall comply with the Condominium Documents and the applicable Rules and Regulations.
(b) Each Unit Owner shall be responsible for ensuring that such Unit Owner's family, guests, tenants and Occupants comply with all provisions of the Condominium Documents and the applicable Rules and Regulations. Furthermore, each Unit Owner and Occupant shall always endeavor to observe and promote the cooperative purposes for which the Association was established. In addition to any rights the Association may have against the Unit Owner's family, guests, tenants and/or Occupants, as a result of such person's violation of the Condominium Documents, the Association may take action under this Declaration against the Unit Owner as if the Unit Owner committed the violation in conjunction with the Unit Owner's family, guests, tenants and/or Occupants.
24.2 Enforcement Failure of a Residential Unit Owner or a Commercial Unit Owner to comply with the applicable Rules and Regulations shall entitle the Association or other Unit Owners to an action for damages or injunctive relief, or both, in addition to other remedies provided in the Condominium Documents or the Act. Failure of a Bus Depot Unit Owner to comply with the applicable Rules and Regulations shall entitle the Association and other Bus Depot Unit Owners to an action for damages or injunctive relief, or both, in addition to the other remedies as provided in the Condominium Documents or the Act. The Association, through the Board of Directors, is hereby empowered to enforce the Condominium Documents and all Rules and Regulations of the Association by such means as are provided in the Act. The failure of the Association to enforce any covenant, restriction or other provision of the Act, the Condominium Documents or any Rules and Regulations adopted pursuant thereto shall not constitute a waiver of the right to do so.
24.3 Liability. A Unit Owner shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his act, neglect or carelessness or by that of any member of his family, his lessees, and/or his or their guests, invitees, employees and/or agents, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Such liability shall include of a Unit or the Common Elements. any increase in fire or casualty insurance rates occasioned by the use, misuse, occupancy or abandonment
ARTICLEI5
EASEMENTS
25.1 Encroachments. To the extent that any Unit or Common Elements encroaches on any other Unit or any part of the Common Elements, whether by reason of a deviation from the survey or the plans in the construction, repair, renovation, restoration or rebuilding of any improvement, or by reason of any overhang or the settling or shifting of any land or improvement, a valid casement for said encroachment and for the maintenance of same, so long as it stands, shall exist.
25.2 Utility and Other Easements.
(a) The Association and the Board of Directors shall have the irrevocable power as attorney-in-fact on behalf of all Residential Unit Owners and Commercial Unit Owners and their successors-in-title to accept easements benefiting the Condominium or any portion thereof and to grant casements benefiting the Condominium, or any portion thereof, whether or not a part of the Condominium upon, across, over and under all of the Property (other than the Bus Depot Area) for
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B: 02681 Pg 0303 ingress, egress, installation, replacing and maintaining all utilities, including, but not limited to, water, sewer, power, telephone, gas, electricity, cable television, internet access, and a master television antenna system. Such easements may grant to appropriate utility companies the right to erect and maintain the necessary poles and the necessary equipment on the Property and to affix and maintain utility wires, pipes, circuits and conduits on, above, across and under the Condominium (other than the Bus Depot Arca) or the roofs and exterior walls of the improvements comprising any part of the Condominium (other than the Bus Depot Area. No easements may be granted or accepted by the Association or the Board of Directors for the benefit of, or otherwise affecting the Bus Depot Component, without the consent of a Majority of the Bus Depot Unit Owners.
(b) Declarant grants to each Unit Owner a non-exclusive perpetual easement for the purpose of ingress and egress to and from his Unit over any driveways and entrances as shown in the Plat.
25.3 Access to Units and Common Elements. Each Unit Owner shall afford to the other Unit Owners and to the Association, and to any directors, officers, agents or employees of either, such access through his Unit and any Limited Common Elements appurtenant thereto as may be reasonably necessary to enable them to exercise and discharge their respective powers and responsibilities in an emergency situation. To the extent that damage is inflicted on the Common Elements, including, without limitation, any Limited Common Elements, or any Unit through which access is taken, the Association or the Unit Owner occasioning such damage, whether by itself or through agents, employees or others, shall be liable for prompt repair thereof. There is hereby (a) reserved in the Declarant, (b) granted to all policemen, firemen, ambulance personnel and all similar emergency personnel, an easement to enter upon the property or any part thereof in an emergency situation in the proper performance of their respective duties. During the period that Declarant owns any Unit or owns any interest in the Property or any portion thereof, the Declarant shall have a transferable easement on, over, through, under and across the Common Elements for the purpose of making improvements contemplated by the Condominium Documents, for the purpose of installing, replacing, repairing and maintaining all utilities serving the Property or any portion thereof, and for the purpose of doing all things reasonably necessary and proper in connection therewith. There is further reserved in the Declarant, and its successor-in-title a perpetual easement for the benefit of the Property for ingress and egress over and across any road or drive which may now or hereafter be located on the Property.
ARTICLE 26
SIGNAGE
26.1 Residential Units. The Association shall provide a location sign which shall promote the development name and address only. A Unit Owner/Occupant directory shall be maintained by the Association. No signs shall be placed on the exterior of any Residential Unit without the prior written approval of the size, shape, color, design and materials by the Board of Directors, which consent may be withheld by the Board of Directors in its sole discretion.
26.2 Commercial Units. No signs shall be placed on the exterior, doors or plate glass of any Commercial Unit without the prior written approval of the size, shape, color, design and materials by the Board of Directors, which consent shall be conditioned upon compliance of the sign with signage guidelines established by the Board of Directors and compliance with the Sign Ordinance of AthensClarke County, Georgia as it may from time to time be amended.
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CONTRACTS WITH DECLARANT
27.1 Generally. The term of any agreement as may be entered into between the Association and the Declarant which provides for professional management of the Condominium, or pursuant to which the Declarant is to provide any the services to the Condominium, shall in no event exceed one (1) year. In addition, any such agreement shall be terminable by either party thereto without cause and without payment of a termination fee on no more than ninety (90) days written notice.
ARTICLE 28
MORTGAGEE'S RIGHTS
28.1 Mortgage Provisions. Notwithstanding any of the provisions of this Declaration or the Articles of Incorporation or Bylaws of the Association, the following provisions are hereby adopted for the protection of the Mortgagees, and to the extent they conflict with any of the provisions in the Declaration, the Articles of Incorporation or Bylaws of the Association, the following shall control:
(a) The Association shall not take the following actions without the prior writter approval of Unit Owners to which eighty percent (80%) of the votes in the Association appertain and all Mortgagees:
seek to abandon or terminate the Condominium by act or omission; or
(i1) use hazard insurance proceeds for losses to any Condominium (whether to Unts or to Common Elements) for other than the repair, replacement or reconstruction in the event of substantial loss to the Units and/or Common Elements (in the event the determination is made to so repair, reconstruct or rebuild in accordance with Article 23).
(b) Any Mortgagee who obtains title to a Unit pursuant to the remedies provided in its Security Instrument, by taking deed in lieu of foreclosure, or foreclosure of such Security Instrument shall not be liable for the unpaid dues or charges attributable to such Unit which have accrued prior to the acquisition of title to such Unit by Mortgagee; however, such Mortgagee shall be responsible for urpaid dues, assessments and/or other charges accruing after such acquisition.
(C) Nothing in this Declaration, nor any provision of the Articles of Incorporation or Bylaws of the Association, shall entitle a Unit Owner, Declarant or any other party, to have or otherwise assert priority over any rights of Mortgagees with regard to a distribution to Unit Owners of insurance proceeds or condemnation awards for losses to or the taking of Units or Common Elements.
(d) The Association shall give written notice to any Mortgagees of any loss to, or taking of, the Common Elements if such loss or taking exceeds $10,000.00 or damage to the Unit encumbered by its Security Instrument exceeds $1,000.00.
(e) Any Mortgagee shall have the right to examine the books and records of the Association upon reasonable notice and during business hours.
Any Mortgagee, upon its request, shall be entitled to a written notice from the Board of Directors of any default in the performance by the Unit Owner of the Unit upon which such Mortgagee holds its Security Instrument of any obligation under this Declaration, the Bylaws or the Condominium Documents which is not cured within sixty (60) days.
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(g) Any Mortgagee, upon written request to the Association (such request to state the name and address of such holder, insurer or guarantor and the Unit number), will be entitled to timely written notice of:
any proposed amendment of the Condominium Documents affecting a change in:
(A) the boundaries of any Unit or the exclusive easement rights appertaining thereto;
(B) the interest in the Common Elements or Limited Common Elements appertaining to any Unit or the liability for common expenses appertaining thereto;
(C) the number of votes in the Association appertaining to any Unit; or (D) the purpose to which any Unit or the Common Elements are restricted;
(i) any condemnation loss or casualty loss which affects a material portion of the Condominium or which affects any Unit on which it holds a Security Instrument;
(Hi) any lapse, cancellation or material modification of any insurance policy maintained by the Association pursuant to Article 22.
(h) Any restoration or repair of the Property after a partial condemnation or damage due to an insurable hazard shall be substantially in accordance with the Declaration and the original plans and specifications unless the approval is obtained from Mortgagees to at least fifty-one percent (51%) of the votes of Units subject to their Security Instruments are allocated.
(2) No relocation of interests in the Common Elements resulting from a partial condemnation or partial destruction of the Property may be effective unless approval is obtained from Mortgagees to at least fifty-one percent (51%) of the votes of Units subject to their Security Instruments are allocated.
28.2 Good Faith. The Board of Directors shall act in good faith to comply with the provisions of section 28.1, provided, however, that neither the Association nor the Board of Directors shall be liable to any Mortgagee for any damages or injury which may result from any failure to so comply.
ARTICLE 29
FINANCIAL BOOKS AND RECORDS
29.1 Unit Owners and Mortgagees. The Association shall make available to Unit Owners, any Mortgagee and other lenders secured by any Unit, current copies of the Declaration, Bylaws and other rules governing the Condominium and any other books, records and financial statements of the Association.
29.2 Prospective Purchasers. The Association shall make available to prospective purchasers current copies of the Declaration, Bylaws, other rules governing the Condominium and the most recent annual audited financial statement, if such is prepared. The Association shall be permitted to charge a reasonable fee for the provision of such information.
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29.3 Others. Upon written request from any agency, entity, corporation or individual which has an interest or prospective interest in the Condominium, the Association shall prepare and furnish within a reasonable period of time an audited financial statement of the Association for the immediately preceding fiscal year.
ARTICLE 30
FIDELITY BONDS
30.1 Generally. The Association shall maintain appropriate fidelity bonds for all officers, directors and employees of the Association and any other persons handling or responsible for funds or funds administered by the Association. Such fidelity bonds shall name the Association as obligee and shall not be less than the estimated maximum of funds, including reserve funds, held by the Association, at any given time during the term of each bond. However, in no event may the aggregate amount of any such bonds be less than a sum equal to three (3) months aggregate assessments on all Units plus reserve funds. All such bonds shall contain waivers by the issuers of the bonds of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees" or similar terms or expressions. The premiums on all bonds required herein, except those maintained by any management agent, shall be paid by the Association as a common expense. The bonds shall provide that they may not be canceled or substantially modified (including cancellation for non-payment of premium) without at least ten (10) days' prior written notice to the Association and any Insurance Trustee.
ARTICLE 31
CONDEMNATION
31.1 Generally. The Association shall represent the Residential Unit Owners and the Commercial Unit Owners in the condemnation proceedings or in negotiations, settlements and agreements with a condemning authority for the acquisition of the Common Elements which comprise the Residential Component or the Commercial Component, or part thereof, by such condemning authority. Each Residential Unit Owner and Commercial Unit Owner hereby appoints the Association as attorneyin-fact for such purposes. Without the written consent of a Bus Depot Unit Owner, the Association shall not represent such Bus Depot Unit Owner in any condemnation proceeding or in negotiations, settlements and agreements with a condemning authority for the acquisition of any Common Elements which comprise the Bus Depot Component, or any part thereof, by such condemning authority. Each Bus Depot Unit Owner shall be entitled to make application to, and receive its own award from, such condemning authority and such award shall belong to the Bus Depot Unit Owner to which it is made. In the event of a taking or condemnation of part or all of the Common Elements which comprise the Residential Component or the Commercial Component by a condemning authority, the award or proceeds of settlement shall be payable to the Association, to be held in trust for Residential Unit Owners and Commercial Unit Owners and their Mortgagees as their interests may appear. The repair, reconstruction or rebuilding of the Property as a result of total or partial loss or destruction due to condemnation shall be governed by the provisions of Article 23.
ARTICLE 32
AMENDMENT
32.1 Except as otherwise provided in this Declaration or required by the Act, this Declaration may be amended by the affirmative vote of Unit Owners holding two-thirds (2/3) of all Unit Percentages and such amendment otherwise complies with O.C.G.A. §44-3-93. Notwithstanding the foregoing, as long as the Declarant is the Declarant and/or owns any Unit, any amendment to this Declaration or the Bylaws shall require the written consent of Declarant. Additionally, if any proposed amendment of this Declaration would result in a material adverse effect to the rights and obligations provided to any
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Component or its Unit Holders in this Declaration or other Condominium Documents, such amendment shall also require the affirmative vote of at least two-thirds (2/3) of all Unit Percentages of the Unit Owners of such Component (s) that would be so adversely affected.
ARTICLE 33
DISPUTE RESOLUTION
33.1 Dispute Resolution. Anything contained in this Declaration to the contrary notwithstanding, if the Unit Owners and the Association (including its directors and officers) are unable to reach agreement on any matter before them which relates to any of the matters set forth in this Declaration or other Condominium Documents, and such parties are not able to resolve such dispute within the fifteen (15) day period following notice from any party of such dispute, then after the expiration of such 15-day period if such dispute is not yet resolved, any party may elect by written notice to the other parties to have such dispute resolved by binding arbitration pursuant to the procedures set forth in this section 33.1. At any time following such 15-day period any such party may bring an action, including a summary or expedited proceeding, to compel arbitration of any such controversy or claim. All arbitrations will be commenced within thirty (30) days of demand for arbitration and the decision or award rendered within sixty (60) days thereafter. Arbitration shall be accomplished expeditiously in Athens, Georgia, and shall be administered by the American Arbitration Association (in accordance with its Commercial Dispute Resolution Procedures, and the State of Georgia's Arbitration Code) which will appoint three (3) neutral arbitrators, at least one of which must be an attorney. The parties to any arbitration commenced hereunder shall have a reasonable opportunity to conduct discovery. The arbitrators shall render a written decision accompanied by findings of fact and conclusions of law. Judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The expenses of such arbitration shall be paid by the non-prevailing party. Any arbitration commenced hereunder may be consolidated with any other arbitration concerning the same issues.
ARTICLE 34
MISCELLANEOUS
34.1 Security. The Association or the Declarant may, but shall not be required to, from time to time, provide measures or take actions which directly or indirectly improve security on the Condominium; however, each Unit Owner, for himself and his Occupants, guests, licensees, and invitees, acknowledges and agrees that neither the Association nor the Declarant is a provider of security and neither party shall have a duty to provide security on the Condominium. Furthermore, the Association does not guarantee that non-unit owners and non-occupants will not gain access to the Property and commit criminal acts on the Property nor does the Association guarantee that criminal acts on the Property will not be committed by other Unit Owners or Occupants. It shall be the responsibility of each Owner to protect his person and property and all responsibility to provide such security shall lie solely with each Unit Owner. Neither Declarant nor the Association shall be held liable for any loss or damage by reason of failure to provide adequate security or because of the ineffectiveness of security measures undertaken.
34.2 Severability. The invalidity or unenforceability of any covenant, restriction or other provision of this Declaration shall not affect the validity or enforceability of any other covenant, restriction or provision of this Declaration.
34.3 Captions. The captions of all sections of this Declaration are inserted for convenience only and are not intended to define, limit, restrict, extend or modify any of the provisions of the sections to which such captions relate.
AO 983886.11 34
Bk 02681 Pg 0308
34.4 Time of Day. Whenever the time of day is referred to in this Declaration, such time shall mean local time in Athens, Georgia at the time of such determination.
IN WITNESS WHEREOF, the duly authorized member of Declarant has set his hand and affixed his seal this 28 day of Ju _, 2004.
Signed, sealed and delivered GAMEDAY ATHENS, LLC, a Georgia limited thirds day of dune liability company
2004, in the presence of:
B. And
Misante By: Managing Em er (SEAL) Kuchy
Witness
I Hellah
• Notary Public
dy commission expires: ALugust 26; 3u T
AR
AO 983886.11 35
RE 42681 Pg 0309
EXHIBIT A
Property Legal Description
All that tract or parcel of land lying and being in the City of Athens, G.M.D. 216, Athens-Clarke County, Georgia and being more particularly described as follows:
Commencing at a P.K. nail set at the centerline junction of West Clayton Street and Pulaski Street; THENCE North 87 degrees 05 minutes 07 seconds East for a distance of 159.78 feet to a P.K. nail found; THENCE South 15 degrees 06 minutes 58 seconds West for a distance of 7.70 feet to the POINT OF BEGINNING;
THENCE North 75 degrees 10 minutes 32 seconds East for a distance of 47.00 feet along the Southern right-of-way (80 feet) of West Clayton Street to a point;
THENCE North 75 degrees 01 minutes 13 seconds East for a distance of 132.88 feet along the Southern right-of-way of West Clayton Street to a point;
01 seconds East for a distance of 119.32 feet to a one-half inch rebar found (capped);
inch rebar found (capped) on the Western right-of-way of North Hull Street;
West Broad Street;
Northern right-of-way of West Broad Street to a point;
Northern right-of-way of West Broad Street to a point;
THENCE South 73 degrees 43 minutes 35 seconds West for a distance of 81.97 feet along the Northern right-of-way of West Broad Street to a point;
OF BEGINNING.
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 1.292 acres more or less.
AO 983886.11
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B* 02681 Pg 0310
EXHIBIT B
Restrictions
(a) No obstruction to the free flow of traffic and the use of the Parking Deck.
(b) No building or other structure of any kind, including any enclosure, shall be permitted in any of the balconies. No awnings or canopies may be located on any of the balconics. No rubbish or trash may be stored on a balcony. No laundry garments, towels or similar items may be hung over or attached to any exterior surface of a balcony. This shall not preclude the hanging of or attaching of temporary banners, flags and similar objects to any exterior surface of a balcony so long as such object (a) otherwise complies with state law and local ordinances having jurisdiction over the Property, (b) is not distasteful or offensive as determined in the sole discretion of the Association, (c) is securely attached, (d) does not interfere with any other Residential Unit, (e) is displayed in connection with a current sporting event, (f) is displayed for not more than five (5) days and (g) is promptly removed upon completion of such sporting event.
(c) Permitted construction within a Residential Unit or a Commercial Unit shall be conducted in a manner which will limit to the maximum extent practicable any interference with the use, enjoyment and operation of the balance of the Condominium.
(d) There will be no promotion, entertainment, amusement or other activities in the Condominium Common Elements which would interfere with the use of the Common Elements for their intended purposes.
(e) The Residential Units shall be used principally for residential use, provided that this shall not preclude renting of and entertaining in a Residential Unit.
(*) Commercial Units shall be used for retail, commercial or business purposes only. (g) Go-carts are prohibited from use anywhere on the Condominium.
(h) Motorcycles, including motorbikes and mini-bikes, motorscooters and similar vehicles may be used only on the streets and in the paved Common Elements, and then only for transportation to and from the Parking Deck and not for recreation in itself or for joy riding. No such vehicles may be stored in a Residential Unit or Commercial Unit.
No rubbish or debris of any kind shall be dumped, placed or permitted to accumulate upon any portion of the Condominium so as to render any portion thereof unsanitary, unsightly, offensive or detrimental to any Unit Owner or Occupant. No nuisance shall be permitted to exist or operate upon any portion of the Gameday Area. Without limiting the gencrality of the foregoing, no exterior speakers, horns, whistles or other sound devises, except security devises used exclusively for security purposes, shall be located, used or placed on the Gameday Area, or any portion thereof.
Each Residential Unit Owner and Commercial Unit Owner, his employees, lessees, invitees and guests shall refrain from any act or use of his Residential Unit or Commercial Unit, as applicable, including any Residential Limited Common Element or Commercial Limited Common Elements appurtenant thereto which could reasonably cause embarrassment, discomfort, annoyance, nuisance, endanger the health or interfere with the rights of any Unit Owner or his Occupants.
AO 983886.11
Pg 0311 BK 112681
(k) No Residential Unit Owner and Commercial Unit Owner shall paint or otherwise change the exterior appearance of his Residential Unit or Commercial Unit or any Limited Common Element assigned to his Residential Unit or Commercial Unit, or any other portion of the Property, including the design, type, location, size, intensity and color of any exterior light, without the consent of the Board of Directors.
Each Residential Unit Owner and Commercial Unit Owner shall be required to maintain the heating and air conditioning systems (including humidity levels) serving his Residential Unit or Commercial Unit and operate same to prevent pipe freezing and mildew growth.
(m) Without the prior written consent of the Board of Directors, nothing shall be done or kept on the Gameday Area, of any part thereof, which would increase the rate of insurance, or result in cancellation of insurance, on the Condominium or any Unit or part thereof, which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirements of any governmental body, or which would increase the Common Expenses.
(n) No satellite dish, antenna or other device for the transmission or reception of television signals, radio signals or any form of electromagnetic wave or radiation shall be crected, used or maintained on any portion of the Gameday Area, including the Residential Component and Commercial Component; provided, however, that the Association shall have the right to erect, construct and maintain such devices
(o) The use of outdoor grills in any portion of the Gameday Building, including, without limitation, a balcony, shall be governed by state laws and local ordinances having jurisdiction over the Property and shall require the approval of the Association in its sole discretion as to style, size and type. Notwithstanding the foregoing, no gas or charcoal grills shall be permitted in the Gameday Area.
AO 983886.11
R₺ 112681 PE 0312
EXHIBIT C
Prohibited Uses
(a) Any use which (i) emits a strong, unusual or offensive odor, fumes, dust or vapors; (ii) is a public or private nuisance; (iii) emits sounds which are objectionable due to intermittence, beat, frequency, shrillness or loudness; or (iv) creates unusual fire, explosive or other hazards;
(b) Any central laundry, dry cleaning plant, or Laundromat; provided, however, this prohibition shall not be applicable to nominal supportive facilities for on-site service oriented to pickup and delivery by the ultimate consumer as the same may be found in other retail shopping centers in the State of Georgia;
(c) Any establishment selling or exhibiting pornographic materials or drug-related paraphernalia (except that this provision shall not prohibit the operation of a book store or video store which carries a broad inventory of books or videos and other materials directed towards the interest of the general public (as opposed to any specific segment thereof);
(d) Any tattoo parlor or operation whose principal use is a massage parlor, provided, this shall not prohibit massages in connection with a beauty salon or health club or athletic facility;
(e) Any gambling facility or operation, including, but not limited to, off-track or sports betting parlor, table games such as blackjack or poker, slot machines, video poker/blackjack/keno machines or similar devices, or bingo hall.
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EXHIBIT D
Legal Description of Bus Depot Area and Bus Depot Unit
All that tract or parcel of land lying and being in the City of Athens, G.M.D. 216, Athens-Clarke County, Georgia and being more particularly described as follows:
Commencing at a P.K. nail set at the centerline junction of West Clayton Street and Pulaski Street; THENCE North 87 degrees 05 minutes 07 seconds East for a distance of 159.78 feet to a P.K. nail found; THENCE South 15 degrees 06 minutes 58 seconds West for a distance of 7.70 feet to a point; THENCE along the southern right-of-way line of West Clayton Street (an 80 foot right-of-way) North 75 degrees 10 minutes 32 seconds East for a distance of 47.00 feet to a point; THENCE continue along said right-of-way line North 75 degrees 01 minutes 13 seconds East for a distance of 132.88 feet to a point; THENCE leaving said Southern right-of way line South 14 degrees 36 minutes 01 seconds East for a distance of 119.32 feet to a point; THENCE North 74 degrees 51 minutes 11 seconds East for a distance of 22.34 feet to the Point of Beginning;
THENCE North 74 degrees 51 minutes 11 seconds East for a distance of 99.36 feet to a one-half inch rebar found (capped) on the Western right-of-way line of North Hull Street;
THENCE along the Western right-of-way line of North Hull Street (a 40 foot right-of-way) South 14 degrees 40 minutes 15 seconds East for a distance of 115.60 feet to a point on the Northern right-ofway line of West Broad Street;
THENCE along the Northern right-of-way line of West Broad Street (an 80 foot right-of way) South 74 degrees 50 minutes 06 seconds West for a distance of 100.54 feet to a point;
THENCE leaving said northern right-of-way line North 15 degrees 04 minutes 37 seconds West for a distance of 115.63 feet to the Point of Beginning.
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 11671 square feet more or less.
RE 02681 PE 0314
SCHEDULE A
[Unit Percentages of Residential Units]
tial Unit Number Unit Perce
201 0.670%
202 0.663%
203 0.663%
204 0.663%
205 0.663%
206 0.663%
207 0.663%
208 0.663%
209 1.199%
301 0.798%
302 0.527%
303 0.767%
304 0.756%
305 0.805%
306 0.805%
307 0.527%
308 1.083%
309 0.909%
401 0.798%
402 0.527%
403 0.767%
404 0.767%
405 0.805%
406 0.805%
407 0.527%
408 1.083%
409 0.909%
501 0.772(r)ł
502 0.691%
503 0.527%
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Unit Parc
504 0.764%
505 0.766%
506 0.764%
507 0.766%
508 0.544%
509 0.805%
510
511 1.247%
512 0.766%
513 0.607%
514 0.898%
515 0.506%
516 0.506%
517 0.506%
518 0.506%
519 0.506%
520 0.506%
521 0.506%
522 0.506%
523 0.506%
524 0.506%
525 0.506%
526 0.506%
527 0.506%
528 0.506%
529 0.506%
530 0.506%
531 0.652%
532 0.506%
601 0.772śł
602 0.685%
603 0.527%
AO 983886.11
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tiai Uun Nai • Unit Percentage
604 0.764%
605 0.766%
606 0.764%
607 0.766%
608 0.551%
609 0.766%
610 0.790%
611 1.198%
612 0.568%
613 0.568%
614 0.893%
615 0.766%
616 0.766%
617 0.766ął
618 0.766%
619 0.766%
620 0.766%
621 0.766%
622 0.766%
623 0.766%
624 0.766%
625 1.166%
626 0.773%
701 0.772%
0.685%
0.527%
704 0.764%
705 0.766%
706 0.764%
707 0.766%
708 0.550%
709 0.766%
AO 983886.11
Br 02681 Pg 0317
dial Unit Number Unit Peresation
710 0.790%
1.198%
0.568%
0.568%
0.893%
0.766%
0.766%
0.766%
0.766%
0.766%
0.766%
0.766%
0.766%
0.766%
0.766%
1.166%
0.772%
801 1.250%
802 1.422%
803 0.527%
804 1.334%
805 0.766%
806 0.766%
807 0.527%
808 1.473%
809 1.063%
810 0.894%
811 0.765%
812 0.766%
813 0.765%
814 0.766%
815 0.765%
AO 983886.11
BL: 02681 P: 0318 al Ust N Unit Percentage
816 0.766%
817 0.766%
818 0.766%
819 0.766%
820 0.750%
821 1.165%
822 0.772%
AO 983886.11
Bk 112681 Pg 0319
SCHEDULE B
Commercial Unit Number Unit Percentage
102 37.888%
108 10.680%
113 11.443%
116 17.898%
117 22.091%
AO 983886.11
Bk 02681 PE 0320
SCHEDULE C
Unit Percentages of Bus Depot Units
Bus Depot Unit Unit Percentage Bus Depot Unit 100%
AO 983886.11