Declaration of Covenants, Conditions and Restrictions - 06-14-2005
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THIS INSTRUMENT PREPARED BY
A~D SHOULD BE RETURNED TO:
Ytwl E.Itor~"n-r,
SeeK ,\. ~llllh<)R, Esq.
Foley & Lardner LLP
City of Edgewater
City Attorney
111 N. Orange Avenue, Suite 1800
Orlando, Florida 32801
407-423-7656
For Recording Purposes Only
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR P ARKTOWNE INDUSTRIAL CENTER
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
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FOR P ARKTOWNE INDUSTRIAL CENTER (this "Declaration") is made this ~ day of
--1~"l..- , 2005 by the CITY OF EDGEWATER, a municipal corporation, whose address
is P.O. Box 100, Edgewater FL 32132 (the "City"), OSCAR ZELLER and JULIAN GREENE,
whose mailing address is P.O. Box 358, Edgewater, Florida 32132 ("Zeller/Greene"), MASSEY
ENTERPRISES, a Florida partnership, whose mailing address is P.O. Box 949, New Smyrna
Beach, Florida 32170 ("Massey"), SCOTT PORTA, whose address is 210 Quay Assisi, New
Smyrna Beach, Florida 32169 ("Scott Porta"), SCOTT S. PORTA and JENNIFER P. PORTA,
whose mailing address is 210 Quay Assisi, New Smyrna Beach, Florida 32169 ("Portas"),
LESLIE A. MORGAN, TTEE, FIB/O LESLIE A. MORGAN TRUST U/Tm APRIL 3,
1989, whose mailing address is 579 Via Lugano, Winter Park, Florida 32789 ("Leslie Morgan"),
RETA S. MORGAN, TTEE, FIB/O RETA S. MORGAN TRUST U/Tm APRIL 3, 1989,
whose mailing address is 570 Via Lugano, Winter Park, Florida 32789 ("Reta Morgan"),
BRADLEY C. STEWART, whose mailing address is 139 Arbor Lane, Edgewater, Florida
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32141 ("Stewart"), WALTER WARNING, whose mailing address is 91 Aqua Court, New
Smyrna Bea,ch, Florida 32168 ("Warning"), NIT HOLDINGS, LLC, a Florida limited liability
company, whose mailing address is 91 Aqua Court, New Smyrna Beach, Florida 32168 ("NIT
Holdings") and CORREIA HOLDINGS, INC., a Florida corporation, whose mailing address is
4670 Links Village Drive, B206, Ponce Inlet, Florida 32127 ("Correia Holdings").
RECITALS
WHEREAS, the City, Zeller/Greene, Massey, Scott Porta, Portas, Leslie Morgan, Reta
Morgan, Stewart, Warning, NIT Holdings and Correia Holdings are individually referred to
herein as an "Owner" and collectively referred to herein as the "Owners"; and
WHEREAS, each Owner owns in fee simple a portion of that certain real property
located in Edgewater, Volusia County, Florida, known as ParkTowne Industrial Center (the
"Park") which is generally depicted in Exhibit "A" attached hereto and more particularly
described in Exhibit "B" attached hereto and incorporated herein by this reference (the
"Property"); and
WHEREAS, the Owners desire to submit the Property to certain covenants, conditions
and restrictions (hereinafter referred to as CCRs) set forth herein upon and subject to which all of
the Property shall be held, improved, maintained and conveyed.
NOW, THEREFORE, for and in consideration of the benefits accruing to the Owners
from the CCR's created hereby, the Owners hereby submit and subject the Property to the CCRs
hereinafter set forth.
ARTICLE I
PURPOSE AND APPLICATIONS
The purpose of these CCRs is to insure proper development and use of the Property, to
prevent the erection on the Property of structures built of improper design or materials, to
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encourage the erection of attractive improvements at appropriate locations, to prevent haphazard
and inharmonious improvements and in general to provide adequately for quality improvements
on the Property.
The Property shall be held, conveyed, rented, leased, encumbered, used, occupied and
improved subject to the CCRs and limitations hereinafter set forth, which shall bind all parties
having or acquiring any right, title or interest in the Property or any part thereof, and shall apply
to and bind their heirs, assignees and successors in right, title or interest thereof. Any owner of
any portion of the Property shall be entitled to enforce the CCRs contained herein.
Each Owner shall own their portion of the Property, and all subsequent purchasers of any
portion of the Property shall take title to their portion of the Property, subject to:
a. Public utility and drainage easements of record;
b. Taxes for the year of closing, if any, and subsequent years;
c. This Declaration and other restrictions and covenants applicable to the Park;
d. All valid and applicable regulations and ordinances of the City of Edgewater;
e. The Development Agreement;
f. For the use and benefit of the public, a right of flight for the passage of aircraft in
the airspace above the surface of the Property together with the right to cause in said airspace
such noise as may be inherent in the operation of aircraft; now known or hereafter used, for
navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off
from or operating in Massey Ranch Airpark;
g. A restriction on the height of structures, objects of natural growth and other
obstructions on their portion of the Property to such a height so as to comply with Federal
Obstruction Standards as defined in the Federal Aviation Regulations.
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h. A restriction on the use of their portion of the Property which would interfere
with or adversely affect the safe operation of aircraft or maintenance of Massey Ranch Airpark,
or otherwise constitute an aircraft or airport hazard.
ARTICLE II
P ARKTOWNE OWNERS' ASSOCIATION
The Owners shall require the creation of the ParkTowne Industrial Center Owners
Association, Inc. (the "Association") to administer the provisions of these CCRs, and upon
creation thereof, any person or entity holding title to a lot within the Park shall be a member of
the Association. The Association shall be governed by Articles of Incorporation of ParkTowne
Industrial Center Owners Association, Inc. attached hereto and incorporated herein by this
reference as Exhibit "C" and the Bylaws of ParkTowne Industrial Center Owners Association,
Inc. attached hereto and incorporated herein by this reference as Exhibit "D", provided each lot
within the Park containing at least one acre of land, including additional fractions up to 0.5 acres
within the Park, shall have one vote as a member of the Association. Example: 1 to 1.50 acres
equals one vote, 1.51 to 2.50 acres equals two votes.
All Owners of any portion of the Property shall be subject to this Declaration and the
authority of the Association as set forth herein.
ARTICLE III
FEES AND ASSESSMENTS
3.1 Covenant for Maintenance, Annual Assessments; Special Assessments,
Individual Lot Assessments; Fines and Levies. The Owners, for each parcel/lot owned within
the Property, hereby covenant and agree that each subsequent Owner of any parcel/lot, by
acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to
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covenant and agree to accept such parcel/lot subject to all outstanding and subsequent
assessments due for said parcel/lot.
3.2 Purpose of Assessment.
a. In general the assessments levied by the Association shall be used
exclusively to promote the health, safety and welfare of the Owners and the Property and in
particular for the improvement and maintenance of the Common Area, landscape areas,
sidewalks, poles, signs and lighting.
b. The City shall be responsible for basic maintenance of the pnmary
stormwater system and conveyance system within the right of ways to provide functional
stormwater treatment services. The City also be responsible for maintenance and repair of the
public roads within the Property. Additional aesthetic improvements will be provided for by the
Association which will have the right to contract for the additional services upon assumption of
financial responsibility for those services.
c. Annual Assessments shall be levied in order to provide for and assure the
availability of the funds necessary to pay Common Expenses, which expenses shall include,
without limitation, the following:
(1) Those incurred in connection with the maintenance, protection and
improvement of the Common Area, including without limitation, landscape areas, irrigation,
lake, sidewalks, poles, lighting, signs and lighting.
(2) Those incurred for utility services to the Common Area, including
without limitation, electric or gas power for any common entry, street lighting, and, if applicable,
water for common irrigation systems.
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(3) Those incurred in the administration of the business of the
Association including without limitation, necessary and appropriate fees for services rendered by
engineers, accountants and attorneys.
(4) Those incurred for the payment of real and personal property taxes
and assessments for any portion of the Property owned by the Association.
(5) Those incurred for the maintenance of adequate casualty and
liability insurance on the Common Areas and for director and officer liability insurance.
(6) Those incurred by the Association in the billing, levying and
collection of assessments as provided for in this Declaration.
(7) Those incurred to establish a reserve for the replacement and repair
of any Association equipment or personal property; to provide operating funds for the
Association; and cover any non-payment or late payment of assessments by other members.
(8) Those incurred for doing any other thing necessary or desirable
which in the judgment of the Association may be of general benefit to the Owners or the
Property. Annual Assessments and Special Assessments shall be levied proportionate to the
member's share of expenses as determined by the Board of Directors as set forth herein.
3.3 Special Assessments for Capital Improvements. In addition to the Annual
Assessments authorized above, the Association may levy, in any assessment year, a Special
Assessment for the purpose of defraying, in whole or in part, the cost of complying with any
governmental regulation, permit condition or for any construction, reconstruction, repair or
replacement of a capital improvement upon the Common Area, for sidewalks, streets, lighting,
retention, drainage system or other facilities which are in the interest of the Owners of the
Property, including fixtures and personal property and the financing of same related thereto,
provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of
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members who are voting in person or by proxy at a meeting duly called for this purpose. A
Special Assessment may be levied which permits payment on an annual installment basis
provided the Board of Directors establishes an interest rate which will accrue on the unpaid
principal of such assessment if the assessment is paid on an installment basis. If an improvement
is not built for which a Special Assessment is levied, the Association shall refund to the Owner
the amount collected from that Owner for the Special Assessment.
3.4 Notice and Quorum for Any Action Authorized Under this Section. Written
notice of any meeting called for the purpose of taking any action authorized under this Section
shall be sent to all members not less than fifteen (15) days nor more than thirty (30) days in
advance of the meeting. At the first such meeting called, the presence of members or of proxies
entitled to cast sixty percent (60%) of all the votes of membership shall constitute a quorum. If
the required quorum is not present, another meeting may be called subject to the same notice
requirement, and the required quorum at the subsequent meeting shall be one-half (~) of the
required quorum at the preceding meeting. No such subsequent meeting shall be held more than
sixty (60) days following the preceding meeting.
3.5
Uniform Rate of Assessment.
Both Annual Assessments and Special
Assessments must be fixed and prorated or apportioned as determined by the Board of Directors
consistent with the Declaration for all parcel(s)/lot(s) and may be collected on an annual basis, or
such other basis as the Board of Directors determines.
3.6 Date of Commencement of Annual Assessments; Due Dates. The Annual
Assessments provided herein shall commence on all parcels/lots within the Property on the first
day of the month following the first meeting of the Association. The first Annual Assessment
shall be adjusted according to the number of months remaining in the calendar year. The Board
of Directors shall fix the amount of the Annual Assessment against each parcel/lot at least thirty
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(30) days in advance of each Annual Assessment period. Written notice of the Annual
Assessment shall be sent to the Owners subject thereto. The due date shall be established by the
Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a
certificate signed by an officer of the Association setting forth whether the assessments on a
specified parcel/lot have been paid. A properly executed certificate of the Association as to the
status of assessments on a parcel/lot is binding upon the Association as of the date of its
Issuance.
3.7 Individual Lot Assessments. In addition to any other assessments for which
provisions are made in this Declaration, the Association shall have the authority to levy and
collect against a particular parcel/lot within the Property an Individual Lot Assessment for:
a. Costs and expenses incurred by the Association in bringing a particular
parcel/lot into compliance with the provisions of this Declaration, including any action taken or
cost or expense incurred by the Association to cure and eliminate any violation of or
noncompliance with the provisions of this Declaration following the failure of such Owner,
within fourteen (14) days following written notice from the Association of the nature of the
violation of or noncompliance with this Declaration, to cure or remedy such violation or
noncompliance;
b. Costs and expenses, including reasonable attorneys' fees, whether or not
suit be brought, incurred by the Association in the enforcement of the provisions of this
Declaration against a particular parcel/lot;
c. Costs and expenses incurred by the Association in furnishing or providing
labor, services and materials which benefit a particular parcel/lot or the Owner of a particular
parcel/lot, provided that such labor, services or materials can be accepted or rejected by such
particular Owner in advance of the Association's furnishing or providing the same and that such
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Owner's acceptance of any such labor, services or materials shall be deemed to have been such
Owner's agreement that the costs and expenses associated therewith shall be levied and collected
as an Individual Lot Assessment against such particular Owner and the Owner's particular
parcel/lot; and
d. Reasonable overhead expenses of the Association associated with any
Individual Lot Assessment levied and collected pursuant to this Section, in an amount not to
exceed fifteen percent (15%) of the actual costs and expenses incurred by the Association for any
Individual Lot Assessment specified in this Section.
3.8 Effect of Non-Payment of Assessments and Fines; Remedies of the
Association. Any assessment not paid within thirty (30) days after the due date shall bear
interest from the due date at the maximum rate allowed by law per annum. The Association shall
have the right to establish fines for late payment of assessments and fines for any violation of
any rule or regulation of the Association, or any violation of this Declaration, and shall have a
lien on the parcel/lot for any unpaid assessments, fines and all costs and interest which have been
assessed against the Owner of the parcel/lot. The said lien shall be effective from and after the
time of recording in the Public Records of V olusia County, Florida, of a Claim of Lien stating
the description of the property, the name of the record Owner, the amount due and payable and
the date when due; and said lien shall continue in effect until all sums secured by the lien shall
have been fully paid. All such Claim of Liens shall include only assessments and fines which are
payable and due when the said Claim of Lien is recorded, and all such Claim of Liens shall he
signed and verified by an officer or agent of the Association. When any such liens shall have
been paid in full, the party making payment thereof shall be entitled to receive a Satisfaction of
such lien in such form that it may be recorded in the Public Records of V olusia County, Florida.
The Board of Directors may take such action as it deems necessary to collect assessments by
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enforcing and foreclosing said lien, and may settle and compromise the same if in the best
interest of the Association. The delinquent Owner shall pay all costs including reasonable
attorney's fees, incurred by the Association incident to the collection of such assessments. The
lien shall be deemed to cover said additional costs and advances. Filing of one action shall not
be a bar to the filing of other actions. The Association, through its Board of Directors, will be
entitled to bid at any sale held pursuant to a suit to foreclose an assessment lien, and it may apply
as a cash credit against its bid all sums due the Association covered by the lien enforced. No
Owner may waive or otherwise escape liability for the assessments provided for herein against
his parcel/lot by the non-use of the Common Area or abandonment of the Owner's parcel/lot.
3.9 Exempt Property. The Common Area and those portions of the Property located
within any public right-of-way and dedicated to and accepted by the applicable local public
authority and devoted to public use shall be exempt from the assessments, fines, charges and
liens created herein.
3.10 Subordination of the Lien to Mortgages. The lien of the assessments or fines
provided for herein shall be subordinate and inferior to all liens securing amounts due or to
become due under any mortgage now or hereafter encumbering any parcel/lot; and provided that
as a condition precedent to any proceeding to enforce such lien for assessments or fines upon any
parcel/lot upon which there is a valid and subsisting first mortgage, the Association shall give the
holder of such mortgage, if known by the Association, sixty (60) days written notice of such
proposed action, which notice shall be sent to the nearest office of such first mortgage lien holder
by prepaid U. S. certified mail and shall contain a statement of the delinquent assessment upon
which the proposed action is based. Upon the request of any such first mortgage lien holder, the
Association shall acknowledge in writing its obligations to give the foregoing notice with respect
to the particular parcel/lot covered by such mortgage to the holder thereof. Sale or transfer of
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any parcel/lot shall not affect the assessment, fine or lien. Nevertheless, any foreclosure by a
prior lien holder shall cut off and extinguish the liens securing the assessments or fines which
became due and payable prior to such foreclosure date, but no such foreclosure shall free any
parcel/lot from securing charges thereafter becoming due and payable, nor shall any personal
obligation of any Owner be extinguished by any foreclosure. No mortgagee shall be required to
collect an assessment, and the failure to pay an assessment will not constitute a default under any
insured mortgage.
ARTICLE IV
DEFINITIONS
For purposes of this Declaration the following definitions shall apply:
4.1 Alteration means any act that changes any feature of a building, structure or
property.
4.2 Association means the ParkTowne Industrial Center Owners Association, Inc., a
corporation not for profit which the Owners shall cause to be formed and to which shall be
delegated and assigned the power, authority, duty and obligation: (1) to enforce and administer
the CCRs governing the Property; (2) to collect and disburse all assessments and charges deemed
necessary for such maintenance, administration and enforcement; and (3) to perform such other
services as may be deemed desirable to benefit the Owners.
4.3 Board of Directors means the Board of Directors of the Association.
4.4 CCRs means the covenants, conditions and restrictions set forth III this
Declaration.
4.5
City means the City of Edgewater, Florida.
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4.6 Common Area means and refers to the drainage and retention areas, the open
tracts, landscape easements and roads and sidewalk easements (including the improvements
thereto) designated on the plat or property which is conveyed or dedicated to the Association
pursuant to the provision hereof, or property which is leased or conveyed to the Association for
recreational/public use.
4.7 Declaration means this Declaration of Covenants, Conditions and Restrictions for
ParkTowne Industrial Center and all amendments, modifications and supplements thereto as are
from time to time recorded among the Public Records of Vol usia County, Florida.
4.8 Development Agreement means that certain Development Agreement
(ParkTowne Industrial Center) recorded in Official Records Book 5070, Page 2930, Public
Records of Vol usia County, Florida.
4.9 Governmental Regulations means and refers to all applicable laws, statutes,
codes, ordinances, rules, regulations, limitations, restrictions, orders, judgments or other
requirements of any governmental authority having jurisdiction over the Property or any
improvements constructed or located thereon, including, without limitations, those pertaining to
building and zoning.
4.10 Improvements means and includes buildings, out-buildings, parking areas,
loading areas, driveways, fences, walls, landscaped areas, surface water or storm water
management systems, easements, roadways, right of ways, poles, signs and any structure of any
type or kind.
4.11 Maintenance Fee means a fee composed of the total revenues received by the
Association from the Annual Assessments, Special Assessments and Individual Lot Assessments
levied by the Association pursuant to Article III hereof.
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4.12 Member and/or members means all those Owners who are entitled to
membership in the Association as provided in Article II hereof.
4.13 Owner means and refers to the record owner, whether one or more persons or
entities, of fee simple title to any lot or parcel which is a part of the Property, its successors and
assigns, but excluding those having an interest in any such Lot merely as security for the
payment of a debt or the performance of an obligation.
4.14 Owners means and refers to the City of Edgewater, Oscar Zeller and Julian
Greene, Massey Enterprises, Scott Porta, Scott S. Porta and Jennifer P. Porta, Leslie A. Morgan,
Ttee, f/blo Leslie A. Morgan Trust u/t/d April 3, 1989, Reta S. Morgan, Ttee, f/blo Reta S.
Morgan Trust u/tld April 3, 1989, Bradley C. Stewart, Walter Warning, NIT Holdings, LLC, and
Correia Holdings and their successors and assigns by purchase of all or a portion of the Property.
4.15 Park means the ParkTowne Industrial Center within the Property.
4.16 Permanent Structure means a building designed, and constructed from the
ground up, meeting all building code and fire protection standards and intended to be used for
more than 180 days, but does not include land preparation, such as clearing, grading and filling.
4.17 Property means that real property generally depicted in Exhibit "A" and more
particularly described in Exhibit "8" attached hereto.
4.18 Specimen Trees means any tree that is unique by reason of age, size, rarity, or
status as a landmark as determined by an arborist, botanist andlor licensed surveyor and includes
the following species of trees with a minimum twelve (12") inch diameter measured at breast
height: Turkey and other oak species, Red Maple, Bald Cypress, Sweet Gum, Hickory, Elm,
Loblolly, Sweet Bay, Red Bay and Swamp Bay, Sycamore and Magnolia.
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4.19 Surface Water or Storm Water Management System means a stormwater
system which is designed and constructed or implemented to control discharges which are
necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit,
treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation,
and water pollution or otherwise affect the quantity and quality of discharges.
4.20 Violation means any contravention, transgression or non-compliance with any
article, section, provision of this Declaration or the rules and regulations of the Association. A
notice of violation will be sent, by certified mail, to the last address of the violator on record with
the Association, of the alleged violation before a fine is imposed. A violation is considered
separate and independent for each day it exists uncorrected or unabated.
ARTICLE V
REGULATION OF IMPROVEMENTS
All improvements constructed within the Property shall be subject to the following
regulations:
5.1 Landscaping/Fencing. Unless otherwise specified in this document, all lots and
parcels within the Property shall provide landscaping approved by the Association. All approved
landscaping shall be maintained thereafter in a well kept condition. Specimen trees removed
from any lot or parcel shall be replaced and the replacement location shall be approved by the
Association. All disturbed, unused and non-landscaped land areas including areas planned for
future expansion or other purposes shall be sodded, maintained and kept free from weeds, other
unsightly plant growth, rubbish and debris.
Landscaping at the ParkT owne Boulevard entrance shall be provided by the City
and shall be subsequently maintained by the Association.
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The maxImum height of any fencing shall not exceed eight (8) feet without
approval by the Association.
5.2 Parking/Loading. Adequate off-street parking shall be provided in accordance
with the City's Land Development Code to accommodate all parking needs for employees,
visitors and company vehicles on the site. Parking on streets and right-of-ways within the Park
is prohibited. If parking requirements increase as a result of a change in use or number of
employees, additional off-street parking shall be provided to satisfy the intent of this Section.
The Association may at its discretion further prohibit parking where the same constitutes a
hazard or increases congestion or inconvenience.
All loading, including turn-around areas shall be designed and constructed based
on AASHTO's "A Policy on Geometric Design of Highways and Streets."
All loading, including turn-around areas must be conducted entirely on the
building site and shall have a minimum width of twelve (12') feet. All loading dock areas must
not face the street unless specific approval to the contrary is granted in writing by the
Association. Roll up doors, sliders or overhead doors which face the street in Area "A", as
defined in the Development Agreement, are prohibited. If due to parcel/lot or building
constraints, loading docks or truck doors may be permitted, but shall be hidden from street view
by landscaping, berms or walls or a combination.
Loading docks shall be a minimum of one hundred (100) feet from the street.
Vehicles engaged in loading and unloading of goods and materials shall not utilize public streets,
utility or drainage easements.
5.3 Storage and Refuse Areas. Except in Area "B", as defined in the Development
Agreement, no materials, supplies, or equipment, including company-owned or operated trucks,
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refuse, or trash containers or satellite dishes or antennas shall be stored, installed or kept in any
areas on a lot or parcel which are visible from the frontage view of a public street.
All accessory storage and refuse areas shall be located on the rear or side portions
of the parcel/lot and not in the area between structures and the street.
All accessory storage and refuse areas shall be properly maintained in a mannerly
and well-kept condition.
Commercial dumpsters shall be enclosed from view with six (6) foot high opaque
fencing and gate.
5.4 Building Regulations. All construction facing a street shall be of masonry walls,
tilt walls, cast in place concrete, precast architectural concrete, architectural metal, glass, timber
or any combination. All materials proposed for the front of buildings shall be pre-approved by
the Association. All other exterior walls may be made of sheet or corrugated iron, steel or
aluminum or similar material. The Association reserves the right to approve other materials and
finishes.
Exterior walls shall not be repainted or refinished from the original color or finish
unless and until the Association has approved in writing the color or refinishing materials to be
used. All on-site electrical, telephone and other utility lines shall be underground for new
development or redevelopment of any portion ofthe Property.
5.5 Regulation of Exterior Maintenance and Repair. All maintenance and repair
of site improvements shall be properly performed or overseen by the Owner or lessee. Such
work may include, but not be limited to:
a. Any maintenance of landscaping, maintenance of unused or non-
landscaped areas, maintenance and repair of all utility lines and landscape irrigation systems;
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b. Collection and proper disposal of rubbish, trash, garbage or waste of any
character which lies on the site or which originated from the site and was carried to a
neighboring parcel/lot; and;
c. Maintenance and repair of the exterior of all parcel/lot improvements.
The maintenance and repair of the exterior of all parcel/lot improvements shall
include but not be limited to:
a. The periodic repainting of the exterior surfaces of any permanent structure
placed on the site and;
b. The repair or replacement of damaged or non-operating equipment either
located on the exterior of any structure or of a free-standing nature.
5.6 Accessory Buildings or Structures. Accessory buildings, structures or
enclosures, whether attached to or detached from the main building, shall be of similar or
compatible design. No roof structure or appurtenances shall be unsightly from street view.
5.7 Street and Exterior Lighting. Street lighting locations shall be approved by the
Association and provided by the local power company. A street light fee shall be charged to
each Owner by the Association to cover installation, maintenance and operational costs. The
associated fee/charge for street lighting is as determined in Article III - Fees and Assessments.
All exterior area site lighting shall be high pressure sodium vapor fixtures.
All exterior lighting must be so arranged or shielded as to avoid excessive glare or
reflection onto any portion of any adjacent road, street, the path of oncoming vehicles, or any
adjacent property. Unless required by FAA regulations, no flashing, rotating, traveling,
animated, colored or intermittent lighting shall be permitted.
5.8 Signs. Signs shall conform to the City's Land Development Code relating to
maximum size, area and location.
006.311245.4
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'-'
...."
Instrument# 2005~ 150950 # 18
Book: S57tJ
F)a~::Je: 214~)
,
No permanent signs shall be permitted, other than those identifying the name,
business and products of the person or firm occupying the premises. Temporary signs such as
those offering the premises for sale, lease or rent shall be permitted. All signs must be approved
by the Association.
One permanent ground sign no larger than 60 square feet, 10 feet high shall be
permitted for each lot frontage.
Wall signs and identification on buildings shall be of such size, design, content,
illumination, color and placement as specifically approved in writing by the Association and
shall not exceed two (2) square feet per one (1) linear foot of addressed business frontage, not
exceeding 64 square feet. No sign shall be substituted or modified without approval by the
Association.
Roof signs shall not be permitted.
Political signs shall not be permitted.
5.9 Subdividing. No Owner may subdivide their portion of the Property to create or
leave less than a one (1) acre parcel/lot.
ARTICLE VI
APPROVAL OF PLANS
No improvements, as that term is herein above defined, shall be erected, placed, altered,
maintained or permitted to remain on any land subject to these CCRs until plans and
specifications showing parcel/lot layout and all exterior elevations, with materials and color
thereof, signs, parking and loading areas, and landscaping have been submitted and approved in
writing by the Association.
Such plans and specifications shall be based, among other things, on adequacy of
parcel/lot dimensions, conformity and harmony of external design with the neighboring
006.311245.4
18
'-"
Instrument# 200:)-156950 /I J9
f300k :~)5-'f)
"""" . 21 50
"
structures, effect of location and use of improvements on neighboring sites, operations,
improvements, and uses, relation of topography, grade and finished ground elevation of the site
being improved to that of neighboring sites, proper orientation of permanent structures with
respect to nearby streets and conformity of the plans and specifications to the planned purpose
and general plan and intent of those restrictions.
Neither the Association or its assigns shall be liable in damages to anyone submitting
plans and specifications to them for approval, or to any Owner or lessee or land affected by this
Declaration, by reason of mistake in judgment, negligence or non-feasance arising out of or in
connection with the approval or disapproval or failure to approve any such plans. Every person
who submits plans for approval hereunder agrees, by submission of such plans, and every Owner
or lessee of any parcel/lot agrees, by acquiring title thereto or an interest therein, that they will
not bring any action or suit against the Association to recover any such damages.
ARTICLE VII
SURFACE WATER AND STORM WATER MANAGEMENT
Each Owner shall be responsible for the maintenance and management of their portion of
the Property's surface water area. The City shall be responsible for the surface water
maintenance, operation and repair of the stormwater management systems in the "Common
Areas". Maintenance of the stormwater management system(s) shall mean the exercise of
practices which allow the systems to provide drainage, water storage, conveyance or other
surface water or stormwater management capabilities as permitted by the St. Johns River Water
Management District (SJRWMD). Any repair or reconstruction of the surface water or
stormwater management system shall be as permitted or, if modified, as approved by the
SJRWMD.
006.311245.4
19
'-'"
~
Instrument# 2005..15tl950 # 20
Book: 5576
Paf::;Je: 21 5 -,
...
.
Additionally, the City shall have a perpetual non-exclusive easement for drainage over
the entire surface water or storm water management system. Other than needed repair work, no
person shall alter the drainage flow of the surface water or stormwater management system,
including buffer areas or swales, prior to receiving a permit from the SJRWMD.
7.1 Easements for Access - The City shall have a perpetual non-exclusive easement
over all areas of surface waters or storm water management systems, roadways, and utilities
easements for access to operate, maintain and repair the system.
By this easement, the City shall have the right to enter upon any portion of any
parcel or lot which is a part of the system, at a reasonable time and in a reasonable manner as
may be required.
ARTICLE VIII
MISCELLANEOUS
8.1 Amendments - This Declaration, the Articles of Incorporation and the Bylaws
may be amended at any time, and, with the written consent or vote of the Owners of at least 75%
of the Property, exceptions from the provisions hereof may be granted, so long as such
amendment or exceptions do not conflict with the general purpose set forth in paragraph 1 above.
Any amendment or exceptions shall be binding on the Owners and shall be
effective when recorded in the Public Records of Vol usia County, Florida.
8.2 Enforcement - The Association shall have the right to enforce, by a proceeding at
law or in equity, the provisions contained in this Declaration.
8.3 Inspection - The Association may from time to time upon reasonable notice enter
and inspect any portion of the Property subject to this Declaration to ascertain compliance
therewith.
006.311245.4
20
'-'
...",
Instrument# 2005-156950 it 21
Book: ~j5I(3
Pa!;:Je: 2152
,
8.4 Abatement and Suit - Violation or breach of any restriction herein contained
shall give the Association the right to enter upon the portion of the Property where the violation
or breach exists and to summarily abate or remove, at the expense of the Owner and lessee, as
the case may be, any structure, thing or condition that may be or exist thereon contrary to the
intent and meaning of the provisions hereof. The Association or any Owner of any portion of the
Property may prosecute a proceeding at law or in equity against the person or persons who have
violated or are attempting to violate any of these restrictions to enjoin or prevent them from
doing so, to cause said violation to be remedied and/or to recover damages for said violation.
The result of every action or omission whereby any restriction herein contained is
violated in whole or in part is hereby declared to be and to constitute a nuisance, and every
remedy allowed by law or equity may be exercised by the Association.
In any legal or equitable proceeding for the enforcement of any provisions hereof,
the non-prevailing party or parties shall pay the reasonable attorney's fees and costs of the
prevailing party or parties, in such amount as may be fixed by the court in such proceedings.
8.5 Term - The easements set forth in this Declaration shall be perpetual in duration
unless otherwise specifically provided. The restrictions, covenants and conditions set forth in
this Declaration shall be binding upon and enforceable against the Owners for a period of twenty
(20) years from the date this Declaration is recorded among the public records of V olusia
County, Florida, after which time, such restrictions, covenants, and conditions shall be
automatically extended for successive periods of twenty (20) years each. In the event any law
prohibits any such restrictions, covenants, and/or conditions from being enforceable for a period
in excess of twenty (20) years, or beyond any other stated period, the Association is granted a
power of attorney, coupled with an interest, to rerecord this Declaration at any time and from
006.311245.4
21
'-'
Instrument# 20()515t;~150 If 22
Book: 5576
F'a~.::Je: 2 -, 53
....,
time to time for the purpose of extending the enforceability of same as contemplated by this
Section.
8.6 No Rights in Public Generally - The easements, restrictions, covenants and
conditions created, reserved, granted and established in this Declaration do not, are not intended
to, and/or shall not be construed to create any easements, rights or privileges in and for the
benefit of the general public.
8.7 Partial Invalidity - In the event any provision of this Declaration is determined
to be illegal or legally unenforceable, such determination shall have no effect upon the remaining
terms and provisions hereof, and the remaining terms and provisions hereof shall continue in full
force and effect.
8.8 Indemnity - Each Owner (herein, individually, "Indemnitor") shall defend,
indemnify, and hold harmless the other Owners from all claims, losses, actions, proceedings and
costs (including reasonable attorney's fees actually incurred and court costs) resulting from any
construction, including liens, or any accident, injury, loss, or damage occurring to any person or
to the property of any person arising out of or resulting from the Indemnitor's exercise of the
rights, privileges, and easements granted herein (provided, however, that the foregoing shall not
be applicable to events or circumstances caused by the negligence or willful act or omission of
the indemnified Owner), or resulting from the Indemnitor's violation of any of the restrictions,
covenants, and conditions established hereby.
8.9 Environmental Indemnification - Each Owner shall indemnify and hold
harmless all other Owners from and against any and all costs, claims, suits, causes of action,
losses or damages resulting from the presence or removal of Hazardous Materials stored,
installed or deposited on or delivered to a lot or parcel, during the period of ownership thereof by
006.311245.4
22
~
Inst rument# 2005-1 bfj950 #-
Book: 5~j7()
F'age: 21 54
..."
the indemnifying Owner. No person or entity shall be liable for acts or claims arising from acts
not occurring during the period such person or entity owned or owns the lot or parcel, to which
such acts or claims relate. As used herein, the term "Hazardous Materials" means any material
or substance that is toxic, ignitable, reactive or corrosive and that is regulated by the State of
Florida, the United States Government or any agency thereof including, without limitation, any
and all materials defined as "Hazardous Waste", "Extremely Hazardous Waste", or "Hazardous
Material" pursuant to state, federal or local government law, as amended from time to time.
Each indemnifying Owner shall be responsible for all costs including, but not limited to, those
resulting from monitoring, cleanup or compliance, incurred with respect to any Hazardous
Materials stored, installed or deposited on or delivered to a lot or parcel, during the period of
ownership thereof by the indemnifying Owner. The terms and provisions of this Section shall be
perpetual in duration.
IN WITNESS WHEREOF the Owners have caused this Declaration to be executed as
of the date set forth above.
[END OF PAGE]
006.311245.4
23
'W
Jnstrul1lent# 2005-156950 # 24
Flook: 551(-)
Page: 2155
..."
CITY:
By:
Name:
Title:
CITY OF EDGEWATER, a Florida municipal
corporation
G~.L~
Donald A. Schmidt
Mayor
FOR USE AND RELIANCE ONLY BY
THE CITY OF EDGEW ATER, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY THIS 3 DAY OF
/t1o.7 --:2005.
By: PaJr flndtj
PAUL E. ROSENTHAL
City Attorney
(Yu~A b~
~Ii:a-;;;;;omer >j.. . .'0. . ';. .
Deputy City .tlir~o"" "
.. ,"", ,.fl
,~ r;,
[Arfix~Sea~
- ..~ ..~<",~.~~C'l\. . "C"'",t/! __~,'; ~: ..:
APPROVED BY TH~ cirX:~~l!]~J~lL'n'F ..:-....
THE CITY OF EDGEWA'f.t:~"'\'f,'.'.1\' ::j ,00"',..,
MEETING HELD ON"- ~...;;&'" .,Co,:~ ~
UNDER AGENDA ITE NO. C\ ~ '-
Attest:
Name:
Title:
~ ~':
STATE OF FLORIDA
COUNTY OF VOLUSIA
006.311245.4
*
The foregoing instrument was acknowledged before me this '::....~ day of
~ 2005, by DONALD A. SCHMIDT, as Mayor of the City of Edgewater and
LISA LOOMER, as Deputy City Clerk of the City of Edgewater. They are B"J)ersonally
known to me or 0 have produced as
identification.
\.\..
WITNESS my hand and official seal in the County and State aforesaid this '1.~ day of
~Q... ,2005. .. \.. . ~~ .
1.~~~Vvl_~~
N Publ \ \
,.....,
'1..\..\ -z. ~~l..\: \~ ~. ~~\t\d,'L4t;' ,
Print N ame ~.~ . o' ~t.\\SS'ON ;, · ~ ~_
4!lt/~'Ci ....,...().~_
.. "'Y' ..\. ~ · 0-
My Commission ExpilWs: . ~ ~ · (I) :
-*. Apm2,2009 : _
.. .....-.- .*-
.. ~'.;"", #DD402603 "'~.~-
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; rA . ~ance sr$J . ~'\; ,
; ; U'0lic. · sTA1t.'~~ ~ ~
#"".,,\
24
'-"
Instrument# 2005-- i56950 #
Book: 55-76
Page: 2i56
'WJ/f
Signed, sealed and delivered
in the presence of:
S::t~51~~:~~=c~
~ '"1?J-~
Print Name: /...' So- S f LX;.rn~- y-
fjifd'... ~ft~~-
IAN GREEN
STATE OF FLORIDA )
COUNTY OF \l<)lv~\ ~ )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared
OSCAR ZELLER, before me, and who GVlS p~rsonally known to me, or who 0 produced
as identification, and who acknowledged that
foregoing instrument freely and voluntarily for the uses and purposes
he/she executed the
expressed therein.
\ol.
WITNESS my hand and official seal in the County and State last aforesaid this ?.l.':. day
\\ ,2004.
of
i ~)..~ -<\ ~~L
Signature 0 otary \
'[I.Y.U\.0~~ --S _ ~~Q\c\'l:_
Name of Notary (Typed, Printed or Stamped)
\\\\\11111/11111
Commission Number (if not legible on seal): ~"'. 0\\:1 I Mci'!'-'1.
.. '. . * ~1,'b-"J ...... ili'a:; ~
My CommiSSIOn Expires (Ifnot legible on seaW <()..~S~IO'/~_.i9 ~'-
~ .."c,O.~~2,200/~.. ~
$ :~ ~ ~.~ ~
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THIS INSTRUMENT
PREPARED BY
25
........
Instrument# 2005.156950 # 26
Book: 5576
Page: 2157
'-
~
STATE OF FLORIDA )
CO UNTY OF \) ()L\,)~ \ <-\ )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, totake acknowledgements, personally appeared
JULIAN GREENE, before me, and who G4S personally known to me, or who 0 produced
as identification, and who acknowledged that
foregoing instrument freely and voluntarily for the uses and purposes
he/she executed the
expressed therein.
\..\.
WITNESS my hand and official seal in the County and State last aforesaid this ~ day
vv,\ <----"\ , 2004.
\ \
~--~
~~~~~~
Si nature Notary \
of
'lL'Z~'\:>3'i.,\~ --S.
Name of Notary (Typed, Printed or tampf\1~1l"
~"\"' 111/111.
~,,,, :s:,e"JI J. Me8n' i'/~
Commission Number (if not legible on~'tL~ ."ssio'~":O$ ~S
~~.~~\ 'Yc-r,o-'. ~
My Commission Expires (ifnot legiQIt on~~\2, 2o~ <%'. ~
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THIS INSTRUMENT
PREPARED BY
26
'-'
rument# 2005~156950 Ii
l3ook: 5576
Pa.fJf~: 21 5B
,
.....,
MASSEY:
Signed, sealed and delivered
in the presence of:
I
l
~
~......_..-
. . ...,.-
C.
~~qJJ
STATE OF FLORIDA )
COUNTY OF oY09u..-"'v.D..J )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared
JOHN MASSEY as Managing Member of MASSEY ENTERPRISES, a Florida partnership,
and who --.g IS personally known to me, or who 0 produced
,...... I a... as identification, and who acknowledged
that he/she executed the foregoing instrument freely and voluntarily for the uses and purposes
expressed therein.
WITNESS my hand and official seal in the County and State last aforesaid this ~ay
of~j) ,2005.
(~~A~~~J<\
Signature of Notary ~
\\" "III
Name of Notary (Typed, Printed or ~~ .L.. .~.q~
~ O. .otloMISSIO~. ~~
ff~. ~Ci ~. ~~
Commission Number (if not legible o~~~ ~ ~'Oy 1, <~ <jl..'n%
My Commission Expires (if not legihii~ ~gtl): .... IP Vh : ,,-
:::,c;f.9. *DD4 -- .,..:::
~~..'" 02632 ~. ~
~~~~n.~ ~'\~.s>~~
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006.311245.4
27
'-'
."",
rument# 200S -156C150 It 28
Book: 5!5'76
F'a~Je: 21 SB
STATE OF FLORIDA )
COUNTY OFYl?* j }~. ) )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared
DORIS MASSEY as Managing Member of MASSEY ENTERPRISES, a Florida partnership,
and who 'g is personally known to me, or who 0 product::d
11 J C'L as identification, and who acknowledged
that he/she executed the foregoing instrument freely and voluntarily for the uses and purposes
expressed therein.
WITNESS my hand and official seal in the County and State last aforesaid thi~SJday
of nf.~) -<' i<. -/ , 2005.
Z':~f~~ """-U\
~,,\\II"'HIII.
Name of Notary (Typed, Printed or Stamped~~ \,.. MAJ!.~
~g,~ .~~~~I~N~l)~
Commission Number (if not legible on seal): 5tt?-., (jo ~j 1 ~(). ,..~
- ~ ~ V \\'I.-r~
My Commission Expires (if not legible on se~*: is) lJl . ,..-::::.
=. -. - . *=
- -:::t .--
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"'-:,,=,, 0 ~ ~ '\; S;j:--.;
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'II//lllIi, ""\\",,,"
006,311245.4
28
~
Ins! rumfJnt# 2005' 15fi950 #
Book: 5576
""""" Pa~JE:~: 2160
Signed, sealed and delivered
in the presence of:
SC......O. TTPOAfl
-~
StOTT PORTA
~.,~
(-' ~-I.,.
PrmtName: ,~~;:J;~1
~~~:~
STATE OF FLORIDA )
COUNTY OF\J(<~,---~,~,- )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid,Jo' take acknowledgements, personally appeared
SCOTT PORT A, before me, and who OYls personally known to me, or who 0 produced
as identification, and who acknowledged that
he/she executed the foregoing instrument freely and voluntarily for the uses and purposes
expressed therein.
of
.~c
WITNESS my hand and official seal in the County and State last aforesaid this ~ day
~ ~"\ , 2004.
\ ) c-- r '\.\ ~ A '. ". .~;; '\.
s~~~~ "\ -\~_j"- c'"
<t. L \l.. .~.~; <" .~. ,,~~ \".. :') \t " \.) -~ \\1111",
Name of Notary (Typed, Printed or Stamp~:~,?>~~~..~~:8"J'~..
s ~"'. "'SION .. "'@ "'-
~ .~~~" ~-t... ~
~ ..~a i~ 2, 200 ~ -.. ~
Commission Number (if not legible on seal)S :" ~ ~ ($" ~.. ~
- . .*-
My Commission Expires (ifnot legible on ~~ .... : i
~ .,z," #00014312 : i'J~
~.-o -. ..~~
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THIS INSTRUMENT
PREPARED BY
29
'W'
Instrument# 2005-1569bO # 30
Book: 5~57f':;
..."", Page: 2i 61
JOINDER AND CONSENT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR P ARKTOWNE INDUSTRIAL CENTER
(Scott Porta Property)
The undersigned hereby certifies that, RIVERSIDE NATIONAL BANK OF
FLORIDA, a corporation existing under the laws of the United States of America, having an
office at 1025 S. Babcock Street, Melbourne, Florida 32901, is the holder of a mortgage, lien or
other encumbrance recorded in Official Records Book 4322, Page 418, Public Records of
V olusia County, Florida, as modified by an instrument recorded in Official Records Book 4516,
Page 2128, Public Records of Vol usia County (the "Mortgage"), which is an encumbrance upon
the property described therein and owned by SCOTT PORTA (the "Declaration") and hereby
grants its consent to and joins in all of the conditions and terms of the foregoing Declaration, and
agrees that the Mortgage shall be subordinate to the Declaration, and further consenting to the
recording of said Declaration in the Public Record of V olusia County, Florida.
IN WITNESS WHEREOF, the undersigned has caused these presents to be executed
this 11 th day of June ,2004.
Signed, sealed and delivered
in the presence of:
RIVERSIDE NATIONAL BANK OF
FLORIDA, a corporation existing under the
laws of the,'ed State~ of Arne . a
By:
Name: M A. HORTON
Title: SENIOR VICE PRESIDENT
(\
STATEQF BtJIM- ,
COUNTY OF t:V~
The foregoing instrum~;'A was acknowledged before me this 1/"'" day of
~r0L- , 2004, by ~ ~ flpe1P,..J , the ~/t:e V/CF'~3 of
\V~I /Yl+flP'lfl,- BANj..: , a NA-ilPNPrt. ~K , on behalf of said BI"tNf<.
He/she [ is personally known to me, or [ ] produced as identification.
(:=7( 6.t:W
(NOTARIAL SEAL)
My Commission Expires:
,..~-:;~:'.~o;;. BARBARA J. ACKERSON
'~'A" ....,;"0 MY COMMI"'"(''', DD 140095
;,*:' ':.~,.)~l.~,r\; ~ ._
~::L /Rf EXPIRES Au~ust 23, 2006
;"''f.!if.:~~~'' Bonded Thru Notary PUbli: UnrlprwritGr~
THIS INSTRUMENT
PREPARED BY
30
~
..,
rument# 2005- Ei0950 # 31
Book: !j5'lG
Page:16:,:?
Signed, sealed and delivered
in the presence of:
PORT AS:
s~LM.
Orb~"
Print Name: . ~~1i~
~~
~
Prin:Name: " ,; 1... · .~~
a.h~.,.
Print Name:j, ~~ t:....
SQg~~~
Prmt Name: ~ v-.. ( . .I...~
p~~
STATEOFFL?~PA. )
COUNTY OF \.) c~-,<-,~,_;':>-....!,,-)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, tg..Aake acknowledgements, personally appeared
SCOTT S. PORT A, before me, and who Q1S personally known to me, or who 0 produced
as identification, and who acknowledged that
he/she executed the foregoing instrument freely and voluntarily for the uses and purposes
expressed therein.
of
" t-
"(IT~ESS my hand and official seal in the County and State last aforesaid this ~ day
~ .'- " ", , 2004.
\ ) ~(~" ~,)~ ~. -><'"".,
Signature 0
'--
"E.l., L \::--;~\\-\'s. \'-\ '-~~l.\~~\lII'"/ltf"
Name of Notary (Typed, Prin~d or 1;lM.~:~.~~~C~'!Y~
~~~~SIO a. loft<) ~
.* V .':~'~\S IV J:-,~' ~
~ . (;)"t-~\ "1;0 . ~
~ . Q sf~2,20a ~'. ~
Commission Number (if not legible o~se4 ~ (j' ~'. ~
My Commission Expires (if not legi~g seal): ... i * ~
-;; 1>" #00014312 : ~~
":;. '?-:-. ~A_' ~ "ffi~
:;~, ~;-"..~~d ""A;..'~~
1"... r~.. nun-~~.....(..'IC;.~~
-/'" ......-rG\)~ ~
.t'f, lie Si~\'" 1\"~
'/l.II',illl\\"'\\:
THIS INSTRUMENT
PREPARED BY
31
''w'
STATE OF FLORIDA )
COUNTY OF \k.~~ )
lost rument# 2005-15t1950 it 32
Book: E)5 rEi
""'" F' a ~] e: 21 6 ~:3:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, to ~ acknowledgements, personally appeared
JENNIFER P. PORT A, before me, and who ~personally known to me, or who 0 produced
as identification, and who acknowledged that
he/she executed the foregoing instrument freely and voluntarily for the uses and purposes
expressed therein.
. Ie-
"WI\, T~ESS my hand and official seal in the County and State last aforesaid this ~ day
of ,,,____'x ,.\ , 2004.
\ ) ~
'-'\... '
"'i.. L 'z- ,~\~c.:., \~ '"S. \. \... ~ '--~)'-<- "':>\...
Name of Notary (Typed, Printed br Stampedb\\\illllllll/",,,
~,..'!i.'s:,,?,\'fI J. MC81/'II~
~ ~1Jl' .......... 7~ ~
Commission Number (ifnot legible on seallf <<)..~~\S~I~N€'~.. ~
.. .. . ~.. <Jo l\\ 1 (Jo~ ~ e. ~
My CommISSIon ExpIres (If not legible on..~eal!~ ~ ~ .; * ~
~-: * : ... .::
.:;. . : ~.:::
::;;~.. lI00014312 :~::
.:~ ~:}:.. 1:.. ~d~ ..;ff.$
~'_ "9)- ..~"'R1fn.~~.. ~,-~
..~ /)J..........:.c.~, ~
~/i,.vtJLlC SI~\"'~""
11"''''h,,'\\\\~
THIS INSTRUMENT
PREPARED BY
32
.........
j ns t rument# 2005 -156950 # ~)3
Book: ~j510
r)a.~:Jf::: 21 f>4
...,
JOINDER AND CONSENT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR P ARKTOWNE INDUSTRIAL CENTER
(portas Property)
The undersigned hereby certifies that, RIVERSIDE NATIONAL BANK OF
FLORIDA, a corporation existing under the laws of the United States of America, having an
office at 1025 S. Babcock Street, Melbourne, Florida 32901, is the holder of a mortgage, lien or
other encumbrance recorded in Official Records Book 4521, Page 4413 and Official Records
Book 5180, Page 390, Public Records of V olusia County, Florida (the "Mortgage"), which are
encumbrances upon the property described therein and owned by SCOTT S. PORTA and
JENNIFER P. PORTA (the "Declaration") and hereby grants its consent to and joins in all of
the conditions and terms of the foregoing Declaration, and agrees that the Mortgage shall be
subordinate to the Declaration, and further consenting to the recording of said Declaration in the
Public Record of Vol usia County, Florida.
IN WITNESS WHEREOF, the undersigned has caused these presents to be executed
this -ll-thday of .TUNE ,2004.
Signed, sealed and delivered
in the presence of:
4!!:.~~fpN
~~~~
RIVERSIDE NATIONAL BANK OF
FLORIDA, a corporation existing under the
laws of the~ted States of Arn"erica
By: ~//~.
Name: . A. Horton
Title: Senior Vice President
STATEOF f1=!!1'DA-
COUNTY OF 12(: IIJr1!d)
(NOTARIAL SEAL)
The' foregoing instrum twas ac owl edged before me this / / "" Qay of
~e.- , 2004, by /).. - e;rJ?N' , the ~/pe VIce- ~ of
J'v~5 /v/fflP,Jft(,/l!fa N;WprJA..-t ~r , on behalf of said :p,n.J::
He/she E is personally known to me, or [ ] produced as identification.
,~~
Notary Pu .
Print Name: Af)~ T. /k.J; Ft6P~
THIS INSTRUMENT
PREPARED BY
My Commission Expires:
..~~'if-.\:f~~ BARBARA J. ACKERSON
{.~."fA'\:~ MY COMMISSION #. DO 1400. 95
3 3 ~~:.~.~} EXPIRE.S August 23, 2006
-:'1,i;,9f;I~~~~"'~ BondBd lhru Notary Public Underwnters
'-'
..."
Instrument# 2005-156950 # 34
Book: 55-76
Page: 216t:'i
Signed, sealed and delivered
in the presence of:
LESLIE MORGAN:
LESLIE A. MORGAN, TTEE, FIB/O
LESLIE A. MORGAN TRUST VITro
APRIL 3, 1989
~ tJ c->.- TIDE'-
LESLIE A. MORGAN, T
C:!r~ ~~~
Print Name: ~ISCA. E>)O()~~
._.~.~ <
( '. '
\; ~ ~ J
Print Name: n , ~ '"C\
STATE OF FLORIDA )
COUNTY OF\lGl \)~ \. Q )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared
LESLIE A. MORGAN, TTEE, FIBL!l LESLIE A. MORGAN TRUST UITro APRIL 3,
1989, before me, and who ~ personally known to me, or who 0 produced
as identification, and who acknowledged that
he/she executed the foregoing instrument freely and voluntarily for the uses and purposes
expressed therein.
-\-b
WITNESS my hand and official seal in the County and State last aforesaid this ~ day
VV\~ ,2004.
\ )
of
~g~\~~'-
Si nature 0 otary \
.--:::.
~~u ~~6~ ~ -:s. '^-'\.... ~Q ,~\....
Name of Notary (Typed, Printed or Stampe~~\\'~\'\ll~~'."'~
...~ . ~~~~h'.Y....
~,<.,'~~:~..........",,".-,<& ~
C .. N b ~ y "'~OOSI9N"," i9 ~
omrmSSlOn urn er (if not legible on seal~..~wY2 ia <:4". ~
.::- .. :oS..-' ~v.."./,.. ~ ~.. ~
My Commission Expires (if not legible ordeal~ ~ .' (f,,~:
=*: I!t,. :*=
~~~ #~~@1~312 j~~
~:.~.. ~ .~~
~~''''.,...~.~.~..~ ...C5~
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THIS INSTRUMENT
PREPARED BY
34
'-'
Instrument# 200S-15(19~)O it
Book: 5576
Page: 2166
...."
Signed, sealed and delivered
in the presence of:
RETA MORGAN:
a --~
Pri~~IlLaQ~
~... 3"", ~oJo.,
\
RETA S. MORGAN, TTEE, F/B/O RETA
S. MORGAN TRUST UITID APRIL 3, 1989
!~~l~~,
RETA S. MORGAN, USTl:E
STATE OF ~ )
COUNTY 0 . )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared
RETA S. MORGAN, TTEE, F/B/O RETA MORGAN TRUST UITID APRIL 3, 1989,
~fore me, and who 0 is personally known to me, or who ~ produced
..J:.. f../l{) 1>1 ~137 3/ ? S () as identification, and who acknowledged that
he/she executed the foregoing instrument freely and voluntarily for the uses and purposes
expressed therein.
. ..J1tYITNESS my hand and official seal in the County and State last aforesaid this C;.( day
of -'J'l~ ' 2004. ~
~ s.e l"h 9t). r 4 I' 5 e') /101:1(> '---'
Name of Notary (T ed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (ifnot legible on seal):
,,\\111 II flllIIIl1
",,\\~'{ MAIStA!'I....~
~ ~r ....... 'v'?::o ~
~@...;;~\SSION;... ~~
~ C) . (,0 2 0 <'-to. ~~
~ "" .. -'- \\i-~ ,"012 <p'. \'C ~
~"".~. ~ ~~~::
- . Cf). _
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~'3~. #00005941 :~f
~;.>. .,,1:, ~ ."~~'
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~A ''";0 ... ublic Unae~..;. <<'V ~,.
'1'. 1:Ia ....... Ci' *'
"""1. I./C, STf>,It. \\~,:-"
111"1/11111\\\\\\ .
THIS INSTRUMENT
PREPARED BY
35
'-"
Inst nJment# 2005-156%0 #
Book: 5576
Page: 2161
",..
......-
",>#.
...,
Signed, sealed and delivered
in the presence of:
STEWART:
~m e\~ GI\MW:> ~ .
Print Name: t>orne\o.. D G;{2. \ ms\ (:1'1
~ L,.o.N\^
Print Name: 'fY)Clx; f\CL DweY\~
STATEOFFL~)
COUNTY OF )
of
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared
BRADLEY C. S1;'~W,4RT, before me, and who J4I is personally known to me, or who D
produced K t...J as identification, and who
acknowledged that he/she executed the foregoing instrument freely and voluntarily for the uses
and purposes expressed therein.
WITNESS my hand and official seal in the County and State last aforesaid this --.!.1 day
qUnL ,2004. ~~ ~
Signalurek:: G . n orsp
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
'P!
f.....".. KIM G NORSE
J'i:!f'." fy'~. '
f.: "lb." :.~ MY COMMISSION # 00 174236
, ~~,~.~i EXPIRES: December 26,2006
.~ ...;r.iif..r..~" Bonded ThnJ NOIaty PublIc UndelWril81S
THIS INSTRUMENT
PREPARED BY
36
06/10/2004 13:34 FAX
141002
Jun. 10 2004 11:28AM P2
.
FROM :CHIPMUNK HRRDWOODS
'Ii
. ~!;:
, .-
"Ii, ,
FRX NO. :3864275126
'w'
.."""
JOINDER AND CONSENT 1'C) nECLARATlON OF COVENANTS, CONDITIONS AND
RESTRICTIONS Fon PARK TOWNE INDUSTRIAL CENTER
(Stewart Property)
The undersigned hc reby cerrij ics that, RIVERSIDE NATIONAL BANK a corpomtion
existing under the laws of the l. niloo States of America having an office at 2130 South
Ridgewood Avenue, Ed ge' water , Fltll.ida 32141, is the holder of a mortgage~ lien or other
encumbrance recorded ill UffidaJ J~:\,;ords Book 5084, Page 2673, Public Records of Volusia
County, Florida (the "M(lrtgagu"), which is an encwnbrance upon the property described therein
and owned by BRADLli',V C. STE'" ARl' (the UDeclarationn) and hereby grants its consent to
and joins in all of the COllditiollS Nul tenns of the foregoing Declaration, and agrees that the
Mortgage shall be subordin:ue IO tll(' 'i )1~larati()~ and further consenting to the recording of said
Declaration in the Public R~~,'d of V (}Iusia County, Florida.
IN WITNESS "'HEREOf" tile unden;igned has caused these presents to be executed
this 11- day of J'", 11~ _ __"_-' ~~Ol)...
Signed, sealed and.de1ivel~ed
in the presence of:
RIVERSIDE NATIONAL BANK OF
FLORIDA, a cOl'Poration existing under the
Jaws of the United State of America
"~.
By:
Name:
Title:
~4~
-, .se. 1M /11-(! ( ( , H;( ( 1!J;
.l//(~ (Jr~rdc"",1-
--c11~__
STATE OF 5/ ondf\ __
COUNTY OF ~l1t_
The lOregoing instrumeru ""'" a1bwled~ before me tbis 1$i. day of
Llf\..L- . 2004, by _.~-~~!......c II , the VI ce - (fSldtVft of
'\) i ' i)f'"')k/ ~Il.r. ~ -' on behalf of said .
he is personally k.tIO~;;;' lo ~;~ I;;' [ ] pt'(lduced , as identification.
(NOTARIAL SEAL)
e.Mrlo ~~
Notary Public ~ d1
Print Name:nle.~, Y)Un\- EL-
My Commission Expires:
rHlS INSTRuMENT
;lREPAREO BY
37
~
(,O!J)
~ j'...!1)
Uj,~
LtJ C\!
.Y-
o
1"\
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Signed, sealed and delivered
in the presence of:
WARNING:
~. ~.
printNam~~ ~~A~
I
l~~ lit\)~
Print Name: L,St}... ~'00."""".-(."""-
STATE OF FLORIDA )
COUNTY OF \)o\..\F.,.\~ )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared
WALTER WARNING, before me, and who ~personally known to me, or who D produced
as identification, and who acknowledged that
he/she executed the foregoing instrument freely and voluntarily for the uses and purposes
expressed therein.
\L
WITNESS my hand and official seal in the County and State last aforesaid this:J..k day
\\ ,2004. . ...,-_..~
\ ~~\---. -.q .~~\,
Si ature of tary \ '\
,,' ;'"'-
....L''1..-.!\." -~ \~ ~. ttl. n
Name of Notary (Typed, Printed or tamped)
of
~\\\\\"""'II",I.
Commission Number (if not legible on s~ '3-'l)e\h J. M,.~:/~~
~ ~'Y-I,) ......... lZ 4f.:
My Commission Expires (ifnot legib~n~ll~\SSION~~.19 %
g ...::....0 ~~\\\ " 2006.' ~... ~
.: .~ ~. ::.
~*: .... :*E
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~-:z~. #00014312 :"!!<:~
.......-~. . &i",
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THIS INSTRUMENT
PREPARED BY
38
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JOINDER AND CONSENT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR P ARKTOWNE INDUSTRIAL CENTER
(Warning Property)
The undersigned hereby certifies that, FRIENDS BANK, a Florida corporation having a
mailing address at P.O. Box 340, New Smyrna Beach, Florida 32170 is the holder of a mortgage,
lien or other encumbrance recorded in Official Records Book 5232, Page 2278, Public Records
of V olusia County, Florida (the "Mortgage"), which is an encumbrance upon the property
described therein and owned by WALTER WARNING (the "Declaration") and hereby grants
its consent to and joins in all of the conditions and terms of the foregoing Declaration, and agrees
that the Mortgage shall be subordinate to the Declaration, and further consenting to the recording
of said Declaration in the Public Record of Vol usia County, Florida.
IN WITNESS WHEREOF, the undersigned has caused these presents to b~~),..,
.~"t - /7;'\\1J'S'"''':b '\;~
thIS ~ day of J<.J~ , 2004. IY,~....................~*? '~_
l/Q;:: ..... C':J~?OFi4J: ...... ~
: ~ / <;> 5E1\L ~ \.,.. \
r.~ ! 200" i)
:' '. ~~ !
. \': ". '''' ..
NDS BANK, a Flonda co~~1j;;..;............/ ../ '
:' ~ ~\
Signed, sealed and delivered
in the presence of:
;J a!i1Cfi 9 (j at? (('''7
/) v , J i/ -
Print Name: y rl:t.1li (' 1ft ' . v a. n /.;; (Ii.
~ ~ '
f..C) , '~(1'IflnL'" )
Print N e: Ca..-\;~'f D, Lee I.ao~
"'r
'- "'~' ^, ,).
c (,'-c;..
STATE OF FLD~I01l-
COUNTY OF V f!) Uc.~ i 4
.-.- The foregoing instrum nt was acknowledged before me this J &.i- day of
--J LL)J6 , 2004, by efc kLt'R..c/JO maS , the fetJ;JD(:tJT <2.60 of
L~AJDS; A-AJ , a '~LbR.lbf/.. eoquJ:Jf,,:!-lJ. , on behalf of said epO~i{)N.
He/she is personally known to me, or [ ] produced as identification.
(NOTARIAL SEAL)
>4~Cf-~
Notary Public " I'
Print Name: 0/1- JJ D,c./4 0< ORl {,(j/J
My Commission Expires: Yh/l-y I</.-, 200b
........;..... SANDRA J. BROWN
f..'f<f'~~::r: MY COMMISSION # DD 117520
~:.~.~l EXPIRES: May 14, 2006
;;:'~p.f.;r..~., Bonded Thru Notary Public Underwriters
THIS INSTRUMENT
PREPARED BY
39
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C)
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U""l,,...
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o 0)
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NIT HOLDINGS:
Signed, sealed and delivered
in the presence of:
NIT HOLDINGS, LLC, a Florida limited
liability company _ ~~) _
By: /
Name:
Title:
~
Print Name: j ~J~'k
)
~@ '12>~ fJfV'L'--
Print Name: J-IS (}... !J I OL)''Y''>..e..Y
STATE OF FLORIDA )
COUNTY OF\)c;l~~\A )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared
as of NIT HOLDINGS, LLC, a
Florida limited liability company, and who ~personally known to me, or who 0 produced
. as identification, and who acknowledged
that he/she executed the foregoing instrument freely and voluntarily for the uses and purposes
expressed therein.
+.L
WITNESS my hand and official seal in the County and State last aforesaid this '1' day
of vJ\~ , 2004. <___....__~
\ \ 7g'\"-- -<\~~\.
SI ature 0 otary
"'-"'"'m No -s.. ~Q"""
Name of Notary (Typed, Printed r St\\WP'"hll//
~"'\~~e\'o J. MCtJ~!III~
:~~U' ........ I;~ ~
Commission Number (ifnot legible c:iI1 ~~\SSIONi;,'.'& ~
~ .- C3 .~ 2 2a ' h -. 4tII'
My Commission Expires (if not le@}blel)ts~):' <?J' ~" ~
:;*= ..... :*~
'~.z \ #DD014312 ! ~~
"'"'0-0. ._~~
~~". JJt,~d~A ..'r.:x~
~"9r ;:.''f.'':~n-~..;~ ~~
~#I;/,18L1C ST"'~t. ~\,,,,
fI'/I",itlll\\\\\~
THIS INSTRUMENT
PREPARED BY
40
'W"
Instrument# 2005-156950 # 41
[)oak: 55 "76
Paf-Je: 2172
..
'WI'
JOINDER AND CONSENT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR P ARKTOWNE INDUSTRIAL CENTER
(NIT Holdings Property)
The undersigned hereby certifies that, FRIENDS BANK, a Florida corporation having a
mailing address at P.O. Box 340, New Smyrna Beach, Florida 32170 is the holder of a mortgage,
lien or other encumbrance recorded in Official Records Book 5293, Page 840, Public Records of
V olusia County, Florida (the "Mortgage"), which is an encumbrance upon the property described
therein and owned by NIT HOLDINGS, LLC, a Florida limited liability company (the
"Declaration") and hereby grants its consent to and joins in all of the conditions and terms of the
foregoing Declaration, and agrees that the Mortgage shall be subordinate to the Declaration, and
further consenting to the recording of said Declaration in the Public Record of V olusia County,
Florida.
IN WITNESS WHEREOF, the undersigned has caused these presents to be executed
this..c day of :::;C.ve. , 2004.
r
\ '\
, '~I ~:tlrl
I _ ". I I,'" i I
~(!fCil.! a,1i C /
(). II I (' ICt .), \;d 1'1 c;: c!c..
~1-8. ~L'~J.~
PrintN e: ~J"l..*'\-.j O. Le:......l..a.:C
\.
\ , ~r:n::..':?:
~ENDS BANK, a Florida co~~~~~~...~.....#.;~\
\ l, if-).., ........ <:;)'of,?flR4/';.....'~ V\
; , / '''>>: ~'e';~L ,. '. ~ \-\
'-l., .' t<... f ...,., \' JI
rj ~ t~'~,~" i .
~ " ;, ,-lie; -~./' ", i .
B ~ .\ .~". "t' ',. I
y: \. ..... .., ". './ ,..i
-" '. ..., I
Name:' ;' ~ 7E ~~/<o~ftoo:j;,:...........;.... / i
Title: .---;:>..< E s. / <2.c. 0.
Signed, sealed and delivered
in the presence of:
STATE OF i='Lvt.1 DA-
COUNTY OF \! ~ w So i It-
.-r- The foregoing ins~ent was acknowledged before me 0. this I ~ day of
::.J U. ~ 6 , 2004, by 1~+6 J(L/R.oPD mos , the r'l6>('~.iJT I c'e.O of
FR-J~.IJDs AA-VK , a (LoRJba &R..fofll--'f-t'oJJ , on behalf of said6Jf.polt.A-+t'o/J .
He/she IXI is personally known to me, or [ ] produced as identification.
......"'~I;",,, SANDRA J. BROWN
!:"f~"~~ MY COMMISSION # DO 117520
- !~ff EXPIRES: May 14, 2006
!:r~"'" Bonded Thrtl Notary Pubtic Underwriters
~ Cf-6~
Notarj Public L _ I
Print Name: 3M i)e~ ~ ' DK-e (,1/ N
My Commission Expires: (h ~y I { 200 b
(NOTARIAL SEAL)
THIS INSTRUMENT
PREPARED BY
41
.....,.
.."""
rument# 2005--156~ibO if
Book: 557(3
F)a~Jf~: 2'~ I;:J
..
Signed, sealed and delivered
in the presence of:
CORREIA HOLDINGS, INC., a Florida
corporation
~ '13J.~~
Print Name: t IS-o... r3 /1.J(J1'Y'~V'"'
, e...\ ,~~ "L
STATE OF FLORIDA )
COUNTY OF \~ /<.--'6<,,,-_ )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared
(\""F\f\:':~/J:) (......r""..--"f if-':) as -J(~.f-'i('6:T-)T- of CORREIA HOLDINGS,
INC., a Florida corporation, and who~ is personally known to me, or who 0 produced
("'\ I r1.. as identification, and who acknowledged
that he/she executed the foregoing instrument freely and voluntarily for the uses and purposes
expressed therein.
WITNESS my hand and official seal in the County and State last aforesaid this I , -r1'Xlay
of {' lUAi<...' , 2004.
I~-.' --.-J'
_"'I~n.l' '"""""t
Signature of Notary
1~.t:"'L-4\ L> f\y:::)Tl)-<,,~(:"-<
Name of Notary (Typed, Printed or Skmped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
\\\\\\\i lillllilil;~.
~~'~c'o\(\ L. MaftJ.n ~II";'...
~ ,~ ........ U,N,,, ,.~.
~ ..~."\SSION..."'t' ~
~ ..CJ()~' 1 ~ e. ~
~ :"" ~'b.~ ,200....~.. ';:.
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=: ..... :*=
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~::;..\.. ..~.:::
.~ ~ e. ~ ~~ ...~$
'......" r -.I'tJ;.-f:JJ;"~" ..~. cr:...~.
.., ""OJ.;. _,..IOS\Pl"-.. 6.:: ~
"......... vel........ c:fc~\":
""'1. <Ie STAit. ..,,'.-
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006.311245.4
42
....,
rument# 2005-156%0 If 43
Book: 5Ej, -{ti
""""" F'.lge: 2i-74
JOINDER AND CONSENT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR PARKTOWNE INDUSTRIAL CENTER
(Correia Holdings Property)
The undersigned hereby certifies that, FLORIDA CHOICE BANK, having a mailing
address at 18055 U.S. Highway 441, Mt. Dora, Florida 32757 is the holder of a mortgage, lien or
other encumbrance recorded in Official Records Book 53r-\~ , Page \ C\ .~" , Public
Records of Volusia County, Florida (the "Mortgage"), which is an encumbrance upon the
property described therein and owned by CORREIA HOLDINGS, INC, a Florida corporation
(the "Declaration") and hereby grants its consent to and joins in all of the conditions and terms of
the foregoing Declaration, and agrees that the Mortgage shall be subordinate to the Declaration, and
further consenting to the recording of said Declaration in the Public Record of V olusia County,
Florida.
~ WITNESS WHEREOF, the undersigned has caused these presents to be executed
this 22 day of Jv1\-e. , 2004.
FLORIDA CHOICE BANK
By:
Name:
Title:
Ce,~
C It"-/> 1/i1tJ BIJ>~/~L
li-Sll 57 I1/V r (fleE j?J:8/ /)E.I\II
STATE OF J:J~- ,c\CL
COUNTY OF LG-\(e-
-t-:- The foregoing instrum~nt . was acknowl~dged before me this ~r::sf <Jay of
-.JlA(\-L , 2004, by Chl(~ Vun6&U\L , the~. Vltet(E>..)de,Jof
Florida Choice Bank, a , on behalf of said \:::lG.n. L He/she ~-1'
:::::~::own to :::'~':'~"~':I.roduced ~\. -n.s~ation.
""" .. R. W"" "",. /' //';:: IL : ~ .
~ ,\'/).~1....... 7}6'/" ..~ ;
$ ..~~~'~SS'ON ;.:.. ~ otary ic
s .O""~' ~. ~
~ .. Cl ~s\25'<'a ~.. ~ Print Name:
~ "$~ ~~.. ~
~*: ..... =*E
% ~~. #00045390 f?f~ My Commission Expires:
~ r. .~~
~ ~ ... ); ~ded\ll~ ... C5 ~
~~)- ..~Faifl.I~~.. ~*
~/... Pus;.......;. 0<'< ~,~
'//11 ~/C 5T1>.\'- '1<,\\"
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006.311245.4
43
,..
lnstrument# 2005-156950 It 44
Book: 5!::i '7G
..., F"age: 21 -15
JOINDER AND CONSENT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR P ARKTOWNE INDUSTRIAL CENTER
(Massey Property)
The undersigned hereby certifies that RIVERSIDE NATION BANK OF FLORIDA, a
corporation existing under the laws of the United States of America, having an office at
/g/j 57 ~/) 'lei, /IIafI SmY~II.861/Ctf~ the holder of a mortgage, lien or other encumbrance
recorded in Official Records Book 5134, age 3940, of the Public Records of V olusia County,
Florida (the "Mortgage") which is an encumbrance upon the property described therein and owned
by MASSEY ENTERPRISES (the "Declaration") and hereby grants its consent to and joins in all
of the conditions and terms of the foregoing Declaration, and agrees that the Mortgage shall be
subordinate to the Declaration, and further consenting to the recording of said Declaration in the
Public Record of Vol usia County, Florida.
this
IN WITNESS WHEREOF, the undersigned has caused these presents to be execut~d
9 day of ryi \ ' 2005.
~/lMJJjj;;f::!ard
By:
Name:
Title:
RIVERSIDE NATIONAL BANK OF
FLORIDA, a corporation existing under
the laws of the United States of America
c2/tUL 1/# il&.ttr
At..I1-/ ft/ /1-. AtL/V1L IT
ff,(M'1!H m/}t)~ If/SfiiJ.;5o
Signed, sealed and delivered in the
presence of:
~
~ ' ~y~U e..~'-4
Print Name: S~~\c\r"\\~ . ~"f.eI5
STATE OF l="(ocn~
COUNTY OF ,; l) ~c.:....
~ The forgoin~ instrument was acknowledged before me this c:; day of
I ,2005, by f!r{~ fH(Vl..ct- ,the Or~~ """AJ\....r-- ,of
Riverside National Bank of Florida, a corporation, on behalf of said corporation.
He/she u1s personally known to me, or [ ] produced as identification.
J ~=""c"- .""~]
~ESLlE MOO~ '
,,~'" ~., dM~SSION#DD1284IJ
... ~ IPIRE::> October 24 21 6
, ,." hru Notary Public U~d~ It ~
...;: +~ - <<Jl.:- ~ ~. , .;;;.e
~
Notary Public
Print Name:
My commission expires:
(NOTARIAL SEAL)
44
Massey Joinder and Consent to Declaration
'W"
Inst rumen!.# 2005-156950 # 4:)
Book: 5576
....." F' a ~J e: 21 -'6
JOINDER AND CONSENT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR P ARKTOWNE INDUSTRIAL CENTER
(Warning Property)
The undersigned hereby certifies that THE COMMERCIAL BANK, a AOVI d~
~~o..~nr"\ having an office at '~lt '~o..c.~\JeCvdel~lIA~ is the
holder of a mortgage, lien or other encumbrance recorded in Official Records Book 5487, Page
4115, ofthe Public Records of V olusia County, Florida (the "Mortgage") which is an encumbrance
upon the property described therein and owned by W AL TER WARNING (the "Declaration") and
hereby grants its consent to and joins in all of the conditions and terms of the foregoing Declaration,
and agrees that the Mortgage shall be subordinate to the Declaration, and further consenting to the
recording of said Declaration in the Public Record of Vol usia County, Florida.
IN WITNESS WHEREOF, the undersigned has caused these presents to be executed
this q+b day of ~ ' 2005.
The f9fg.Qing inst~ment was acknowledged b fore me this ~ day of
U~ ' 2005, by IW-ae.\ fJ.. Mlt'..!~ ~. , the V'-e1:.ld , of
The Co ercial Bank, a HOw'I d"" Cc,..tPCWahtH". , on behalf of said .
He/she H1s personally known to me, or [ ] produced ~ s identification.
(NOTARIAL SEAL) .
,
Notary Public
Print Name:
My commission expires:~
Signed, sealed and delivered in the
presence of:
~~(
~/I,y' h/~
Print Name-:-3h~/ /'y ~v'Jz:.,,,--
/ (
STATE OF -RO\'",cl~
COUNTY OF V~W~
"'"''~''''' CHARMIN M. STUMPF
.~~ MY COMMISSION # DO 280689
.~
.: j EXPIRES; May 11, 2008
Bonded ThN NoIary Public UndofWriters
Warning Joinder and Consent to Declaration
45
'-'
Instrument# 2005--156950 # 46
Book: 55-/6
....., Pa~Je: 2177
JOINDER AND CONSENT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR P ARKTOWNE INDUSTRIAL CENTER
(Porta Property)
The undersigned hereby certifies that RIVERSIDE NATION BANK OF FLORIDA, a
oration existing under the laws of the United States of America, having an office at 3/1.,rJV r'e1pf/t9.~
,,~ -:r m-e. t..& t::'c.. ~ is the holder of a mortgage, lien or other encumbrance
recorded in Official Records Book 5328, Page 1210, of the Public Records of V olusia County,
Florida (the "Mortgage") which is an encumbrance upon the property described therein and owned
by SCOTT S. PORT A and JENNIFER P. PORT A (the "Declaration") and hereby grants its
consent to and joins in all of the conditions and terms of the foregoing Declaration, and agrees that
the Mortgage shall be subordinate to the Declaration, and further consenting to the recording of said
Declaration in the Public Record of Vol usia County, Florida.
this 10
IN WITNESS WHEREOF, the undersigned has caused these presents to be executed
day of VY11 ' 2005.
Signed, sealed and delivered in the
presence of:
RIVERS~DE ATIONAL BANK OF
FLO. RIDA,' corporation existing under
the laws 0 e United St es f America
.- ~
~.:r.4K~-
STATE OF FLpeI6A-
COUNTY OF &r\l~
Ih The fO~ instrument was acknowledged before me this ~ day of
~ ,2005, by ,4 (-bPBTP,v , the 6FrI1,e r//tp-.p~ , of
RiversId NatIOnal Bank of Florida, a corporation, on behalf of saId corporatIOn.
He/she [ ] is personally known to.me, or [ ] produced as identification.
bt~
Notary Pub
Print Nam . ::r. U~
My commission expires:
(NOTARIAL SEAL)
ft~ii'~;;'il95 ]
~":";'';';';''~",;~,,;,.;o:;;'_._- -.--..- --~
Porta Joinder and Consent to Declaration
46
'-'
rumenU 2005--156%0 #
Bo(]k: 5!576
..."" F:'a~;Je: 17B
EXHIBIT" A"
(GENERAL DEPICTION OF THE PROPERTY)
006.311245.4
Exhibit A-I
IN~STRIAL LOT - - - - - - - -
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SCALE,
SHEET NO, P5
1" = 200' (FULL)
l' = 400' (HALF)
,.,
EXHIBIT "B"
(the "Property")
rument# 2005-15f)950 #
Book :~j[) -'6
.""", F'agEo:: 2181
LEGAL DESCRIPTION:
PARCEl. A:
A PARCEl.. OF LAND LVlNG IN' SECTIONS 29, 32. SO, 51 AND 52. TOWNSHIP 17 SOUlH, RANGE 34 EAST
AND BEING A PART OF' lHE LAND DESCRIBED IN OFFlClAL RECORDS Boot< 4920, PAGE 3041 AND
ALL OF" lHE PARCELS OF' LAND DESCRIBED IN OFFICIAL RECORDS BOOKS (5268, PAGE 2995), (5171,
PAGE 922), (5058, PAGE 4839), (5221, PAGE 1290), (2907, PAGE 676), (4612, PAGE 3561), (2641, PAGE
605), (2450, PAGE 123), (4565, PAGE 0037), (5176, PAGE 3286), (1877. PAGE 2006). (2796. PAGE 770).
(2300, PAGE 1740), (3970, PAGE 4154), (4458. PAGE 4143), (1248, PAGE 425). (3931, PAGE 4691) AND
(2857, PAGE .4-24) ALL OF' lHE PUBUC RECORDS OF' VOLUSlA COUNTY. Fl,.ORIDA, SAID PARCEl. OF'
LAND BEING DESCRIBED AS FOLLOWS: "
COMMENCING AT A CONCRElE MONUMENT STAMPED "PLS 202~ LOCA1ED AT lHE SOUlHWEST '
CORNER OF SECTION 49, TOWNSHIP 17 SOUlH, RANGE 34 EAST (lHE SEYMOUR PICKETT GRANl):
lHENCE N.71'36'38"E., ALONG lHE SOUlH UNE OF' SAID SECTION 49, A DISTANCE OF' 955.05
FEET TO lHE' NORlHWEST CORNER OF PARCEL C AS DESCRIBED IN lHE AFORESAID OFFICIAL
RECORDS BOOK 4920, PAGE 3041 'AND SAID POINT BEING lHE NORlHWEST CORNER OF lHE
AFORESAID SECTION 29 AND lHE POINT OF BEGINNING OF lHE ,PARCEL OF LAND HEREIN
DESCRIBED; lHENCE S.01"17'19"E., ALONG lHE WEST UNE OF SAID PARCEL C AND lHE WEST
UNE OF SAID SECTION 29, A DISTANCE OF 1008.58 FEET TO lHE NORlHEAST CORNER OF lHE
PARCa OF LAND DESCRIBED IN SAID OFFICIAL RECORDS BOOK 3931, PAGE 4691: lHENCE ALONG
lHE BOUNDARIES OF SAID PARCEL. THE FOLLOWING lHREE COURSES AND DISTANCES: lHENCE
S.88.42'41 "W., 50.09 FEET; lHENCE, S.01"17'19"E.,93.28 FEET; lHENCE N.88'42'41"E.,
50.09 FEET TO A POINT LYING ON lHE AFORESAID WEST UNE OF SAID PARCEL C AND lHE WEST
UNE OF SAID SECllON 29; lHENCE S.01"17'19"E., ALONG SAID UNE, 1770.82 FEET TO lHE
SOUlHYtEST CORNER OF SAID PARCEL C AND SECTION 29 AND SAID POINT LYING ON lHE NORlH
UNE OF LOT 34 OF lHE PLAT OF' ASSESSORS SUBDI\IISION OF G. ALVAREZ GRANT IN SECTION 52,
TOWNSHIP 17 SOUlH, RANGE 34 EAST AS RECORDED IN MAP BOOKS 3, PAGE 137 AND 22, PAGE 24
OF lHE PUBUC RECORDS OF VOLUSlA COUNTY. FLORIDA; lHENCE ALONG lHE BOUNDARIES OF
SAID PLAT AND SAID SECTION 52. lHE FOLLOWING 1WO -COURSES AND DISTANCES: lHENCE
S.74"19'36"W.. 637.44 FEET: lHENCE S.13'42'OS"E., 182S.12 FEET TO THE NORlHWEST
CORNER OF lHE AFORESAID SECTION 32: lHENCE S.08"12'41"E., ALONG lHE WEST UNE OF
SAID SECTION 32. A DISTANCE OF 778.37 FEET TO A POINT LVlNG ON THE NORlH RIGHT OF WAY
UNE OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY (EDGEWAlER CUTOFF)(A 150 FOOT
WIDE RIGHT OF WAY); lHENCE ALONG SAID RIGHT OF WAY UNE,. lHE FOlLOWING TWO COURSES
AND DISTANCES; lHENCE N.67"52'11"E~, '3138.11 FEET TO lHE POINT OF CURVAlURE OF A
CIRCULAR CURVE, CONCAVE NORlHERLY AND HAVING A RADIUS OF 1357.69 FEET; lHENCE
EASTERLY, ALONG THE ARC OF SAID CURVE, lHROUGH A CENTRAL ANGLE OF 22'OS'3S", 523.52
FEET TO lHE SOUTHWEST CORNER OF lHE PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS
BOOK 3825, PAGE 0283 OF THE PUBUC RECORDS OF VOLUSlA COUNTY, FLORIDA: THENCE ALONG
lHE BOUNDARIES OF SAID PARCEL OF LAND DESCRIBED IN SAID OFFICIAL RECORDS BOOK 382S,
PAGE 0283, lHE FOLLOWING EIGHT COURSES AND DISTANCES; THENCE N.28"19'12"W., 46.36
FEET; THENCE N.27-03'23"W., 90.09 FEET; lHENCE N.2S"56'S9"W., 210.92 FEET: lHENCE
,N.24"39'33"W., 364.08 FEET: lHENCE N.24'34'36"W., 334.44 FEET; THENCE N.62"20'34"E.,
574.63 FEET; lHENCE N.22"OS'19"W., 180.03 FEET; THENCE N.6nS'41"E., 332.17 FEET TO A
POINT LYING ON lHE WESlERL Y RIGHT OF WAY UNE OF lHE FLORIDA EAST COAST RAILWAY
RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY UNE. THE FOLLOWING lHREE COURSES AND
DISTANCES; lHENCE N.22"06'29"W., 243.08 FEET; lHENCE N.ST53'31"E., 38.00 FEET:
THENCE N.22"06'29.W., 3389.68 FEET TO lHE INTERSECTION WITH THE SOUlH UNE OF SECTION
49, TOWNSHIP 17 SOU~, RANGE 34 EAST" (~E SEYMOUR PICKETT GRANl) AND SAID UNE BEING
THE SOUTH RIGHT OF WAY UNE OF TENTH SlREET: THENCE S.71"36'38"W., ALONG SAID UNE,
745.94 FEET TO A CORNER OF PARCEL A AS DESCRIBED IN OFFIOAL RECORDS BOOK 4920, PAGE
3041 OF THE PUBUC RECORDS OF VOLUSlA COUNTY, FLORIDA; THENCE ALONG lHE BOUNDARIES
OF SAID PARCEL A, THE FOLLOWING SEVEN COURSES AND DISTANCES: THENCE S.23"18'56"E.,
194.01 FEET; lHENCE N.66"41'04"E., SO.OO FEET; lHENCE S.23"18'56-E., 3145.54 FEET;
lHENCE S.67"1i32"W., 939.54 FEET: THENCE N.23"19'31"W., 3198.50 FEET: lHENCE
N.66"40'29"E., 80.00 FEET; THENCE N.23"19'31"W., 19S.30 FEET TO A POINT LYING ON THE
AFOREMENTIONED SOUTH UNE OF SECTION 49 AND THE SOUTH RIGHT OF WAY UNE OF TENlH
STREET; lHENCE S.71"36'3S"W., ALONG SAID UNE 901.28 FEET TO THE POINT OF BEGINNING
CONTAINING 323.10 ACRES MORE OR LESS. '
TOGETHER WITH:
rument It 2005.. 1 ~)6%O # 5 1
[look: SSI'E)
W r)a'f]t=.~: 2182
PARca B:
'W"
A PARCEL OF LAND BEING PARCa B AS DESCRIBED IN OFFICIAL RECORDS BOOK 4920, PAGE 3041
OF lHE PUBUC RECORDS OF VOLUSIA COUNTY, flORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT lHE INTERSECll0N OF lHE EAST UNE OF LOT 42 AS SHOWN ON lHE PLAT OF
ASSESSOR'S SUBDIVISION OF G. ALVAREZ GRANT SECll0N 52 - n7S. - R.34E. AS RECORDED IN
MAP BOOKS 3, PAGE 137 AND 22. PAGE 24 OF SAID PUBUC RECORDS OF VOLUSlA COUNTY, flORIDA
W1lH lHE SOUlH RIGHT OF WAY UNE OF lHE flORIDA EAST COAST RAILWAY RIGHT OF WAY;
lHENCE ALONG lHE BOUNDARIES OF SAID PARca B AS DESCRIBED IN SAID OFFICIAL RECORDS
BOOK 4920, PAGE 3041, ALL lHE FOLLOWING COURSES AND DISTANCES: lHENCE ALONG SAID
RIGHT OF WAY UNE. lHE FOLLOWING TWO COURSES AND DISTANCES: lHENCE N.6752'11-E.,
276.30 FEET TO lHE POINT OF' CURVATURE OF A CIRCULAR CURVE, CONCAVE NORlHERLYAND
HAVING A RADIUS OF 1507.69 FEET; lHENCE EASTERLY, ALONG lHE ARC OF' SAID CURVE.
lHROUGH A CENTRAL ANGLE OF' 10"01'37-, 263.85 FEET; lHENCE S.22.44'12-E., 121.65 FEET
TO A POINT LYING ON lHE NORlH RIGHT OF WAY UNE OF' P ARK AVENUE; lHENCE
5.6TOO'46-W., ALONG SAID RIGHT OF WAY UNE, 539.01 FEET; lHENCE N.22'44'4Q-W., 106.68
FEET TO lHE POINT OF BEGINNING.
CONTAINING 1.32 ACRES MORE OR LESS.
ALSO TOGETHER W1lH:
PARCa C:
A PARCa OF LAND BEING A PART OF LOT 42 AS SHOWN ON lHE PLAT OF ASSESSOR'S SUBDIVISION
OF G. ALVAREZ GRANT, SECll0N 52, TOWNSHIP 17 SOUlH, RANGE 34 EAST AS RECORDED IN MAP
BOOKS 3, PAGE 137 AND 22, PAGE 24 OF lHE PUBUC RECORDS OF VOLUSIA COUNTY, flORIDA
DESCRIBED AS FOLLOWS:
COMMENCING AT lHE INTERSECll0N OF lHE EAST UNE OF SAID LOT 42 WllH lHE SOUlH RIGHT
OF WAY UNE OF lHE flORIDA EAST COAST RAILWAY RIGHT OF WAY (EDGEWA TER CUTOFF);
lHENCE S.67"52'11-W., ALONG SAID RIGHT OF WAY UNE. 2345.79 FEET TO lHE NORlHEAST
CORNER OF lHA T PORllON OF DALE STREET, (A 60.00 FOOT WIDE EASEMENT AS DESCRIBED IN
OFFICIAL RECORDS BOOK 2436, PAGE 1018 OF lHE PUBUC RECORDS OF VOLUSlA COUNTY,
flORIDA) LYING SOUlH OF SAID RAILWAY RIGHT OF WAY AND SAID POINT BEING lHE POINT OF
BEGINNING OF lHE PARCa OF LAND HEREIN DESCRIBED; lHENCE CONTINUE ALONG lHE
BOUNDARIES OF SAID EASEMENT, lHE FOLLOWING FOUR COURSES AND DISTANCES:
lHENCE CONllNUE 5.67"52'll-W., ALONG SAID RIGHT OF WAY UNE, 60.00 FEET; lHENCE
S.21 "29'44-E., 145.05 FEET TO A POINT LYING ON lHE NORlHERLY RIGHT OF WAY UNE OF
PARK AVENUE; lHENCE N.67"OO'13-E., ALONG SAID RIGHT OF WAY UNE, 60.02 FEET; lHENCE
N.21 "29'44-W., 144.14 FEET TO lHE POINT OF BEGINNING.
CONTAINING 0.20 ACRES MORE OR LESS.
....,.
Instrument# 2005-156950 # 52
Book: 55-76
..."", Page: 2183
"EXHIBIT C"
ARTICLES OF INCORPORATION
OF
PARKTOWNE INDUSTRIAL CENTER OWNERS ASSOCIATION, INC.
We, the undersigned, hereby associate ourselves into a corporation not-for-profit under
the laws of the State of Florida, for the purpose herein stated.
ARTICLE I
NAME
The name of the corporation shall be ParkT owne Industrial Center Owners Association,
Inc., hereinafter referred to as the "Association."
ARTICLE II
PURPOSE
2.1 This Association is organized to provide a legal entity through which the owners
of the parcels/lots in the ParkTowne Industrial Center, hereinafter, referred to as "Park", as
described in the Declaration of Covenants, Conditions and Restrictions for ParkT owne Industrial
Center to be recorded in the Public Records of Volusia County, Florida (the "CCRs"), shall
provide for certain centralized services, regulation and control as hereinafter set forth and as
provided in the CCRs, as from time to time, are amended or supplemented.
2.2 The Association, being conducted as a non-profit corporation for the benefit of its
members, shall make no distribution of income to its members, directors or officers.
ARTICLE III
POWERS
3.1 The Association shall have all of the powers of a corporation not for profit under
the laws of the State of Florida, except as may be otherwise provided in these Articles.
3.2 The Association shall have and exercise all the powers granted to it as set forth in
the CCRs now or hereinafter of record affecting the use of the real property described as the Park
and all of the powers reasonably necessary to accomplish the responsibilities, duties, powers and
purposes conferred upon the Association by the CCRs as amended and supplemented from time
to time, including, but not limited to, the following:
(a) to make and establish reasonable rules and regulations governing the use
of common areas and exercise the other powers granted in the CCRs;
"EXHIBIT en
'-'
Jnstrul11ent# 2005-156950 it 53
Book: 5576
......" Pa{]e: 2184
(b) to make and collect assessments against members of the Association to
defray the costs of the exercise of its powers and duties;
(c) to purchase insurance upon the common areas and any other areas for
which the Association is responsible for maintenance;
(d) to enforce by legal means the land use restrictions, these Articles of
Incorporation, the Bylaws of the Association and the regulations for the use of any property
which is subject to regulation or control by the Association;
( e ) to maintain, repair, replace, operate and manage the Association's
property, including the right to reconstruct improvements after casualty and to make and
construct additional improvements upon the Association's property;
(f) to employ personnel and engage such professional assistance as may be
necessary to perform the services required for the proper operation of the Association and of the
properties; and
(g) to exercise, undertake, and accomplish all of the rights, duties and
obligations which may be granted to or imposed upon the Association pursuant to the CCRs as
from time to time, amended or supplemented.
3.3 The Association shall have the authority to place a lien on each lot to secure all
sums of money assessed against the owner and, said lien shall also secure all costs an expenses
which may be incurred by the Association in enforcing such liens. The Association may enforce
such lien in any manner provided by law, including foreclosure thereof. Such liens shall,
however, be subordinate to any mortgage owned by an institutional lender.
3.4 All funds and the title to all properties acquired by the Association, and their
proceeds, shall be held for the benefit of the members of the Association in accordance with the
provisions of the CCRs and these Articles of Incorporation and the Bylaws.
ARTICLE IV
MEMBERS
The qualifications of the members, the manner of their admission to membership and
termination of such membership, and voting by members shall be as follows:
4.1 The members of the Association shall consist of every person or entity who is a
record owner of a fee simple estate or life estate in a lot in the Park, as and when the CCRs is
recorded in the Public Records of Volusia County, Florida, providing for such membership.
Membership shall continue for so long as such ownership shall exist.
4.2 Immediately upon the divestment of a member's ownership interest in a lot,
regardless of the means by which such ownership may be divested, such owner's membership
shall terminate. Any successor owner shall be entitled to membership after providing written
notice to the Association of such ownership interest.
2
"EXHIBIT C"
.....'
Inst rument# 2005-15m~50 # b4
Book: 5516
...., Pa~Je: 21 B5
4.3 The interest of a member in the funds and assets of the Association can not be
assigned, hypothecated, or transferred in any manner except as an appurtenance to his lot. The
funds and assets of the Association belong solely to the Association subject to the limitation that
the same may be expended, held or used for the benefit of the membership and for the purposes
authorized herein, in the CCRs and in the Bylaws which may be hereafter adopted.
4.4 On all matters on which the membership shall be entitled to vote, there shall be
one (1) vote for each acre, including additional fractions up to 0.5 acres, in the Park, which vote
may be exercised or cast by the owner of each acre in such manner as may be provided by the
Bylaws. Example as to number of votes based on acreage ownership: 1 to 1.50 acres equals one
vote, 1.51 to 2.50 acres equals two votes.
4.5 The annual meeting of the membership shall be held as determined by the
Association's Board of Directors.
ARTICLE V
PRINCIPAL OFFICE AND DESIGNATION OF REGISTERED AGENT
The principal office of the Association shall be located at 104 N. Riverside Drive,
Edgewater, Florida 32132-0100, or such other places may from time to time be designed by the
Board of Directors. The initial registered office of the corporation is 104 N. Riverside Drive,
Edgewater, Florida 32132-0100, and the initial registered agent of the Association at that office
shall be Ken Hooper. The Board of Directors may, from time to time, change the registered agent
by designation filed in the office of the Secretary of State.
ARTICLE VI
BOARD OF DIRECTORS
6.1 The affairs of the Association will be managed by a Board consisting of not less
than four (4) nor more than seven (7) directors. The number of members of the Board of
Directors shall be as provided from time to time by the Bylaws of the Association, and in the
absence of such determination shall consist of four (4) directors.
6.2 Directors of the Association shall be elected at the annual meeting of the members
in the manner provided by the Bylaws. Directors may be removed and vacancies on the Board of
Directors shall be filled in the manner provided by the Bylaws. The directors named herein shall
serve until such first election and vacancies occurring before such election shall be filled by the
remaining directors.
6.3 The names and addresses of the first Board of Directors who shall hold office
until their successors are elected and have qualified, or until are removed are as follows:
3
"EXHIBIT C"
...,.
lnstrument# 2005-156950 # 55
Book: !::>5 I6
"""'" P a~;J E:~: 2 1 86
Name
Address
Elizabeth J. McBride
Jon C. Williams
Oscar Zeller
John Massey
104 N. Riverside Drive. Edgewater. FL 32132
104 N. Riverside Drive. Edgewater. FL 32132
P.O. Box 358. Edgewater. FL 32132
P.O. Box 949. New Smyrna Beach. FL 32170
6.4 The Board of Directors shall elect a president, vice president, secretary and
treasurer.
ARTICLE VII
OFFICERS
7.1 The affairs of the Association shall be administered by the officers elected by the
Board of Directors. The president shall be elected from among the membership of the Board of
Directors, but no other officers need be a director.
7.2 The officers shall be elected each year by the Board of Directors at its first
meeting following the annual meeting of the members of the Association and shall serve at the
pleasure of the Board of Directors. The names and addresses of the initial officers who shall
serve until the selection of their successors are designated by the Board of Directors as follows:
Elizabeth J. McBride
Oscar Zeller
John Massey
Jon C. Williams
President
Vice President
Secretary
Treasurer
ARTICLE VIII
INDEMNIFICATION
Every director and every officer of the Association shall be indemnified by the
Association against all expenses and liabilities, including counsel fees, reasonably incurred by or
imposed upon him in connection with any proceeding to which he may become involved by
reason of his being or having been a director nor officer of the Association, whether or not he is a
director or officer at the time such expenses are incurred, except when the director or officer is
adjudged guilty of willful misfeasance or malfeasance in the performance of his duties; provided
that in the event of a settlement, the indemnification shall be in addition to and not exclusive of
all rights to which such director or officer may be entitled.
ARTICLE IX
BYLA WS
The first Bylaws of the Association shall be adopted by the Board of Directors and may
be altered, amended or rescinded in the manner provided by the Bylaws.
"EXHIBIT C"
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Instrument# 2005-156950 :# 56
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ARTICLE X
TERM
The term and duration of the Association shall be perpetual.
ARTICLE XI
AMENDMENTS
Amendments of these Articles shall be adopted in the following manner:
11.1 An amendment may be proposed by the Board of Directors by a majority vote or
by a majority of the members, whether meeting as members of by instrument in writing signed
by them.
11.2 Any proposed amendment shall be transmitted to the president who shall call a
special meeting of the members for a day no sooner than ten (10) days and no later than thirty
(30) days after receipt by him of the proposed amendment. The secretary shall give to each
member a written notice thereof stating the time and place of the meeting and reciting the
proposed amendment in reasonably described detailed form which notice shall be mailed to or
presented personally to each member not less than ten (10) days and not more than thirty (30)
days before the date set for such meeting. If mailed, such notice shall be deemed to be properly
given when deposited in the United States mail, addressed to the member at his post office
address as it appears on the record of the Association, the postage thereon prepaid. Any such
member may waive such notice, and such waiver must be filed in the records of the Association,
whether before or after the holding of the meeting, and shall be deemed equivalent to the giving
of such notice to such member. In order to become effective, the proposed amendments must be
approved by the affirmative vote by a majority ofthe total votes in the Association.
A copy of each amendment, after it has become effective, shall be transcribed and
certified in such form as may be necessary to register the same in the office of the Secretary of
State of the State of Florida, and upon a registration of such amendment or amendments with the
Secretary of State, a certified copy thereof shall be recorded in the Public Records of V olusia
County, Florida.
11.3 No amendment shall make any changes in the qualifications for membership nor
the voting rights of members, without approval in writing of all members and the joinder of all
record owners of mortgages upon the units. No amendment shall be made that is in conflict with
the law or the CCRs governing the use of the land, as form time to time amended and
supplemented.
IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws
of Florida, the undersigned, constjtuting the incorporator of this Association, has executed these
Articles of Incorporation this 'J.,L.... day of \!V ( , 2004.
-:-.,\"
... ~,"x~~ \ \--
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"EXHIBIT e"
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[n51: rument# 2005-15(3~l50 # 57
Book: 55-16
....,I P'age: 2188
STATEMENT OF REGISTERED AGENT
I hereby accept the appointment as Registered Agent. I am familiar with and accept the
obligations of Registered Agent under the Florida Statutes.
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me on the~~ay of
r-rx:~ ,2004, by KEN HOOPER, as Registered Agent of Park Towne Industrial Center
Owne Association, Inc."N] and is personally known to me or [] has produced
, as identification and did not take an oath.
(Notarial Seal)
CJ\--h~ -.j
Print Name: I . ..~. ~~L1..,,)c-IC
Notary Public
Commission No.:
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"EXHIBIT C"
~
Instrument# 2005-15tJ~l50 # 58
Book: 5576
Page: 2189
....."
"EXHIBIT D"
BYLAWS
OF
PARKTOWNE INDUSTRIAL CENTER OWNERS ASSOCIATION, INC.
ARTICLE I
The name of the corporation is P ARKTOWNE INDUSTRIAL CENTER OWNERS
ASSOCIATION, INC. ("Association"). The principal office of the corporation is located at 104
N. Riverside Drive, Edgewater, Florida 32132-0100, but meetings of members and directors may
be held at such places with Florida as may be designated by the Board of Directors of the
Association.
ARTICLE II
DEFINITIONS
The capitalized terms used in these Bylaws shall have the same definition as are given to
such terms in the Declaration of Covenants, Conditions and Restrictions of Park Towne Industrial
Center, executed and recorded in connection with the Association (the "CCRs").
ARTICLE III
MEETING OF MEMBERS
3.1 Annual Meetings. The annual meeting of the members shall be held in the
month of January each year, on a day and at a time and place determined by the Board of
Directors.
3.2 Special Meetings. Special meetings of the members may be called at any time by
the President, the Board of Directors, or upon written request of the members who are entitled to
vote one-fourth of all the votes.
3.3 Notice of Meetings. Written notice of each meeting of the members shall be
given by, or at the direction of, the Secretary or person authorized to call the meeting, either by
delivering a copy of the notice to each member entitled to vote or by mailing a copy of the
notice, postage paid, at least fifteen (15) days, but not more than thirty (30) days, before the
meeting to each member entitled to vote. All notices shall be addressed to the member's address
last appearing on the books of the Association for the purpose of receiving notice. The notice
shall specifY the place, day and hour of the meeting, and, in the case of a special meeting, the
purpose of the meeting. Any notice may be waived by a member's written consent.
3.4 Quorum. At each meeting of the members, the presence of members or of
proxies entitled to cast thirty percent (30%) of the aggregate member votes shall constitute a
quorum for authorization of any action, except as may otherwise be provided in the CCRs,
"EXHIBIT 0"
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Inst rUll1ent# 2005~ 15f)~l50 #
Book: 557(3
Pa~Je: 2190
..."",
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Articles of Incorporation or these Bylaws. If a quorum is not present at any meeting, the
members entitled to vote thereat shall have power to adjourn the meeting from time to time,
without notice other than announcement at the meeting, until a quorum is present.
3.5 Proxies. At all meetings of members, each member may vote in person or by
proxy. All proxies shall be in writing and filed with the Secretary. Every proxy shall be
revocable and shall automatically cease upon conveyance by the member of his or her Lot. The
proxy must be in writing and dated, must state the date, time and place of meeting for which it is
given, and must be signed. A proxy is effective only for the specific meeting for which it is was
originally given, as the meeting may lawfully be adjourned and reconvened from time to time,
and automatically expires ninety (90) days after the date of the meeting for which it was
originally given.
ARTICLE IV
BOARD OF DIRECTORS
4.1 Number. The affairs of the Association shall be managed by a Board of
Directors consisting of not less than four (4) and not more than seven (7) Directors, as defined
from time to time by the members at a constituted meeting. Initially, and until otherwise
determined by the members, the size of the Board of Directors shall be four (4).
4.2 Terms of Office. At the first annual meeting, and at each subsequent annual
meeting, the members shall elect the Directors for a term of one (1) year.
4.3 Removal. Any Director may be removed from the Board, with or without cause,
by a majority vote of the members. In the event of the death, resignation or removal of a
Director, his or her successor shall be selected by the remaining members of the Board and shall
serve for the unexpired term of his or her predecessor.
4.4 Compensation. No Director shall receive compensation for any service he or she
may render to the Association. A Director may, however, be reimbursed for his or her actual
expenses incurred in the performance of his or her duties.
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
5.1 Nomination. Nomination for election to the Board of Directors shall be made by
a nomination committee. Nominations may also be made from the floor at the annual meeting.
The nomination committee shall consist of a President, who shall be a member of the Board of
Directors, and two or more members. The nomination committee shall be appointed by the
Board of Directors prior to each annual meeting of the members to serve from the close of such
annual meeting until the close of the next annual meeting. The nomination committee shall
make as many nominations for election to the Board of Directors as it shall in its discretion
determine but not less than the number of vacancies that are to be filled. Additional nominations
may be made from among members.
"EXHIBIT D"
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Instrumenttt 2005-156B50 if.
Book: ~j5 76
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5.2 Election. Election to the Board of Directors shall be by vote. At such election
the members or their proxies may cast, in respect to each vacancy, as many votes as they are
entitled to exercise under the provisions of the CCRs. The persons receiving the largest number
of votes shall be elected. Cumulative voting is not permitted.
ARTICLE VI
MEETING OF DIRECTORS
6.1 Regular Meetings. Regular meetings of the Board of Directors shall be held at
least annually, without written notice, immediately after the annual meeting of members, or,
alternatively, at such place and hour as may be fixed from time to time by resolution of the
Board. Notice of Board meetings shall be posted in a conspicuous place in the community at
least forty-eight (48) hours in advance of a meeting, except in an emergency when notice should
be posted as soon as reasonably possible.
6.2 Special Meetings. Special meetings of the Board of Directors shall be held when
called by the President of the Association, or by any two (2) Directors, upon not less than three
(3) day's notice to each Director; provided, however, notice of such meeting shall be posted in a
conspicuous place in the community at least forth-eight (48) hours in advance of a meeting
except in an emergency when notice should be posted as soon as reasonably possible.
6.3 Director Participation. Any or all members of the Board may participate in or
conduct any regular or special meeting by telephone or other means of communication by which
all Directors participating may simultaneously hear each other during the meeting.
6.4 Quorum. A majority of the number of Directors shall constitute a quorum for the
transaction of business. Every act performed or decision made by a majority of the Directors at a
meeting which is duly called and held at which a quorum is present shall be regarded as the act
or decision of the Board.
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
7.1 Powers. The Board of Directors Has the Power to:
(a) adopt and publish rules and regulations governing the use of the Common
Areas and the personal conduct of the members and their guests on the Common Areas, establish
penalties for late payments and infractions of the rules and regulations, and impose charges for
damages to the Common Areas;
(b) suspend the voting rights and right to use all or any part of the Common
Areas of a member during any period in which the member shall be in default in the payment of
any maintenance fee, assessment, penalty or charge levied by the Association (such rights may
also be suspended after notice and hearing, for a period not to exceed sixty (60) days for
infraction of published rules and regulations);
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Page: 21 ~:J2
(c) exercise on behalf of the Association all powers and authority vested in or
delegated to the Association and not reserved to the membership by other provisions of these
Bylaws, the Articles of Incorporation or the CCRs;
(d) declare the office of a member of the Board of Directors to be vacant in
the event such member shall be absent from three consecutive regular meetings of the Board of
Directors; and
(e) employ and prescribe the duties of a manager, an independent contractor,
or such other employees as the Board deems appropriate.
7.2 Duties. It shall be the duty ofthe Board of Directors to:
(a) cause to be kept a complete record of all its acts and corporate affairs and
to present a statement thereof to the members at the annual meeting of the members;
(b) supervise all officers, agents and employees of this Association, and see
that their duties are promptly and properly performed;
(c) as more fully provided in the CCRs and these Bylaws:
l) fix the amount of the annual maintenance fees, annual individual
and special assessments, penalties and charges;
2) send written notice of each such maintenance fee, assessment,
penalty or charge to every Owner subject thereto and collect the same; and
3) impose and foreclose the lien against any Lot for any such
maintenance fee, assessment, penalty or charge not paid;
(d) issue, or to cause an appropriate officer to issue, upon demand by any
person, a certificate setting forth whether any assessment has been paid, which shall constitute
conclusive evidence of such payment (a reasonable charge may be made by the Board for the
issuance of such a certificate);
(e) cause all officers or employees having fiscal responsibilities to be bonded
as it may deem appropriate;
(t) cause the Common Areas to be maintained; and
CCRs.
(g) enforce the provisions and assign such other duties as are required by the
"EXHIBIT D"
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Instrument# 2005-156950 it f:i2
Book: 55-16
ParJe: 2193
ARTICLE VIII
OFFICERS AND THEIR DUTIES
8.1 Enumeration of Offices. The officers of the Association shall be a President and
Vice President, who shall at all times be members of the Board of Directors, a Secretary, a
Treasurer, and such other officers as the Board may from time to time by resolution create.
8.2 Election of Officers. The election of officers shall take place at the first meeting
of the Board of Directors following each annual meeting of the members.
8.3 Term. Each officer of the Association shall be elected annually by the Board and
shall hold office for one (1) year or until the next annual meeting of the Board of Directors
following the next annual meeting of members, unless he or she shall sooner resign or be
removed or otherwise disqualified to serve.
8.4 Special Appointments. The Board may elect such other officers as it determines,
each of whom shall hold office for such period, have such authority and perform such duties as
the Board may from time to time determine.
8.5 Resignation and Removal. Any officer may be removed from office with or
without cause by the Board. Any officer may resign at any time by giving written notice to the
Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of
such notice or at any later time specified therein, and unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it effective.
8.6 Vacancies. A vacancy in any office may be filled by appointment by the Board.
The officer appointed to the vacancy shall serve for the remainder of the term of the officer he or
she replaces.
8.7 Multiple Offices. A person may hold more than one office at the same time.
8.8 Duties. The duties of the officers are as follows:
(a) President. The President shall preside at all meetings of the Board of
Directors; shall see that orders and resolutions of the Board are carried out; shall co-sign all
checks; and shall perform such other duties as may be required by the Board.
(b) Vice President. The Vice President shall act in the place of the President
in the event of the President's absence, inability, or refusal to act and shall exercise and
discharge such other duties as may be required by the Board.
(c) Secretary. The Secretary shall record the votes and keep the minutes of all
meetings and proceedings of the Board and of the members; shall keep the corporate seal of the
Association and affix it on all papers requiring seal; shall serve notice of meetings of the Board
and of the members; shall keep appropriate current records showing the members of the
Association together with their addresses; and shall perform such other duties as may be required
by the Board. The Secretary is authorized to certify on behalf of the Association as to the
5
"EXHIBIT 0"
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Book: 5576
Page: 2194
""""
amount of any dues or fees which are owed the Association and certify as to the satisfaction of
the same.
(d) Treasurer. The Treasurer shall receive and deposit in appropriate bank
accounts all funds of the Association and shall disburse the funds as directed by resolution of the
Board of Directors; shall sign all checks of the Association; shall keep proper books of account;
shall cause an annual audit of the Association's books to be made by a certified public
accountant at the completion of each fiscal year; and shall prepare an annual budget and a
statement of income and expenditures, a copy of which shall be given at the regular annual
meeting of members.
ARTICLE IX
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during reasonable
business hours, be subject to inspection by any member. The CCRs, Articles of Incorporation
and the Bylaws of the Association shall be available for inspection by any member at the
principal office of the Association, where copies may be purchased at a reasonable cost.
ARTICLE X
FISCAL MANAGEMENT
The provisions for fiscal management of the Association are as follows:
10.1 Accounts. The receipts and expenditures of the Association shall be credited and
charged to such accounts under such classifications as authorized and approved by the Board of
Directors. The receipts shall be entered by the amounts of receipts by accounts and receipt
classifications, and expenses by the amounts of expenses by accounts and expense
classifications.
(a) Current Expense. The current expense account shall include all receipts
and expenditures to be made within the year for which the expenses are budgeted and may
include a reasonable allowance for contingencies and working funds. The balance in this fund at
the end of each year shall be applied to reduce the assessments for current expenses for the
succeeding year or to fund reserves. This may include but not be limited to:
1) professional, administration and management fees and expenses;
2) taxes on Common Areas;
3) expenses for utility services and maintenance expense relating to
the Common Areas;
4) insurance costs;
5) Administrative and salary expenses;
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lnstrument# 200b-156950 it 64
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6) operating capital; and
7) other expenses.
(b) Reserve for Deferred Maintenance. If required by the Board of Directors,
there shall be established a reserve account for deferred maintenance which shall include funds
for major maintenance items which are the obligation of the Association and which occur less
frequently than annually.
(c) Reserve for Replacement. If required by the Board of Directors, there
shall be established a reserve account for replacement which shall include funds for repairs or
replacements which the Association is obligated to make resulting from damage, depreciation or
obsolescence.
10.2 Budget. The Board of Directors shall adopt an operating budget for the
Association in advance for each calendar year, or other fiscal year as may be established by the
Board of Directors, which budget shall include the estimated funds required to defray the current
expenses and shall provide funds for the foregoing reserves.
10.3 Assessments. Annual Assessments, Special Assessments and Individual Lot
Assessments shall be levied by the Board of Directors pursuant to the CCRs. Annual assessments
against the Owners for their share of the Association's expenses operating budget shall be made
at least thirty (30) days in advance of the first day of the next fiscal year. Annual assessments
shall be due on January 1 of the assessment year, but at the discretion of the Board of Directors
may be payable quarterly or monthly. Annual assessments shall be made in an amount no less
than required to provide funds in advance for payment of all the anticipated operating expenses
for the assessment year and for all of the unpaid operating expenses previously incurred. If an
annual assessment is not levied in any year, an assessment shall be presumed to have been levied
in the amount of the last prior assessment and payments thereon shall be due as provided in the
previous assessment year until changed by an amended assessment. In the event the annual
assessment proves to be insufficient, the operating budget and assessments may be amended at
any time by the Board of Directors.
ARTICLE XI
CORPORATE SEAL
The Association shall have a seal in circular form having within its circumference the
words "ParkTowne Industrial Center Owners Association, Inc." and "corporation not for profit."
ARTICLE XII
AMENDMENTS
These Bylaws may be amended, altered or rescinded at a regular or special meeting of the
members, by a vote of a majority of a quorum of members present in person or by proxy.
"EXHIBIT D"
7
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Ins t rumen tit 2005 - 156:350 it
Book: 557(:)
Pa{Je: 21 ~3f)
Diane H. Matousek
Volusia County, Clerk of Court
ARTICLE XIII
CONFLICT
In the case of any conflict between the Articles of Incorporation and these Bylaws, the
Articles shall control; in a case of any conflict between the CCRs and these Bylaws, the CCRs
shall control; in the case of any conflict between the laws of the State of Florida and these
Bylaws, the laws of the State of Florida shall control.
ARTICLE XIV
FISCAL YEAR
Unless otherwise subsequently determined by the Board of Directors, the fiscal year of
the Association shall begin on the 1 st day of January and end on the 31 st day of December of
every year, except that the first year shall begin on the date of incorporation.
Each purchaser of a Lot in the ParkTowne Industrial Center shall be entitled to use the
common elements lakes of ParkTowne Industrial Center, provided such use is in accordance
with the rule and regulations adopted by the Association. The right to use the common elements
is also extended to members of the Lot Owner's family and Lot Owner's guests, provided such
use is in accordance with the rules and regulations adopted by the Association.
IN WITNESS WHEREOF, the President of the PARKTOWNE IND\LSTRIAL
CENTER OWNERS ASSOCIATION, INC., has signed these Bylaws on the v-\ day of
..t.......-..'L ,2005, to be effective as of the \'-\~ day of -<\~'L ,2005.
\ - \
PARKTOWNE INDUSTRIAL CENTER
OWNERS ASSOCIATION, INC.
Dated: ~u.....--.'L \'-\, ?.co-S-
\
"EXHIBIT Dn
8
FRC~ :CHIPMUNK HARDWOODS
,
FAX NO. :3864275128
Ma~. 09 2005 10:17AM P2
"Wf
....,
06/15/2005 09:44 AM
1
PREPARED BY AND RETlJRN TO:
1
Diane M. Matousek
Volusia County, Clerk of Court
Ii 1
Edward A, Storey III, Esq.
FOLEY & LARDN.ER LLP
II [ North Orange Avenue, Suile I }{OlJ
Post Off-Ice Box 2193
Orlando, FL 32802-2193
(407) 423-7656
Project: ParkTowne Industri.ll ('elllel'
Plat Book ~~, Pagc...~::= 319
JO]:'/") JIi:R AND CONSI:NT TO PLAT DEDICATION
(Bradley C. Stewart)
The undersigned hereby cet'liI,~'s Ihat it is the h~)lder of a. mortgage, lien or other encumbrance upon the
above described property whill1 ellcumbrance is recorded May 30, 2003, in Official Records Book 5084,
Page 2673, oftl1c Public Re( 01 cis of Vol usia County, Florilln and that the undersigned hereby joins in and
consents to the recording 01' II Il~ <lhove referenced plat and the dedication of the lands described in the
dedication block herein by the ,lwncr thereof: and agrees th,lt its mortgage, lien or other encumbrance shall
bc subordinated to thc abov( (kJiultion.
Signed, sealed and delivered i'I th.:
presence of:
RlVERSIDE NATION BANK OF
FJ ,ORIDA, a corporation existing under
thl: laws of the United States of America
~~9~~
Print Name.' .~ ',,' _ .........""~.......
~
~:'.' -.. -'''. -----
, tia cr: ",,-=~- ~-
By:
Name:
Tide:
~~fI~
, SO"J.1l.C-e I {. H(I .iI{
n..:>L- ," I
Vic.~ t' '~c::>It:,<-4:r-.,....
STATEOF ~\~'O~"'
COUNTY OF \/"'\.. ,-)..'.:s.;'~~
This is to celti I~!, that on \fie........ \~. . 2005, before me, an offieer duly authorized to
take acknowledgments in th( Stite and County afm'esaid, p~rsonally appeared ~--..'-'-'" ~ ~ 0 ~
,as the ~\.~ . ~~, ~ __ of Rivel"side Nation Bank of Florida., on behalf of said
corporation, ~/is not pt: rs, lllally known to me or haslh.ls not produced the following identiftcation_
. flnd who did/did lint take an oath.
Stewart Joinder and Con~cl1t to Pial
TN WITNESS WU':REOF, I haw set my hand and seal on the above date.
,~. 'b.O ~~;,,'"
Nutary Publ~ :1'
Print Name~ ". ~\ '-~,...., \? ~~~,...,
M v commission expires: "-
. SHELLEY P. ROBINSON
Notary Public, State of Florida
My comm. expo Mar. 6, 2007
Comm. No. DO 189843
..
. ,
,..
.."",
06/15/2005 09:44 AM
Instrument# 2005-156953 #
fj57t3
P"-lf:Je~: 2198
Diane M. Matousek
Volusia County, Clerk of Court
.
PREPARED BY AND RETURN TO:
Edward A, Storey III, Esq.
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
Project: ParkTowne Industrial Center
Plat Book ~ , Page;;)3'o14
JOINDER AND CONSENT TO PLAT DEDICATION
(Scott S. Porta and Jennifer P. Porta)
The undersigned hereby certifies that it is the holder of a mortgage, lien or other encumbrance upon the
above described property which encumbrance is recorded July 6, 1998, in Official Records Book 4322, Page
418 and being modified by instruments recorded in Official Records Book 4322, Page 441 and Book 4516,
Page 2128; and encumbrance recorded May 26, 2004, in Official Records Book 5328, Page 1210; and
February 15,2000, Book 4521, Page 4413; and October 6,2003, Book 5180, Page 390 of the Public Records
of Vol usia County, Florida and that the undersigned hereby joins in and consents to the recording of the
above referenced plat and the dedication of the lands described in the dedication block herein by the owner
thereof, and agrees that its mortgage, lien or other encumbrance shall be subordinated to the above
dedication.
Signed, sealed and delivered in the
presence of:
~~:rA.&~
)R~ ~
Prin~~~~ ~
STATEOF ~{lif}-
COUNTY OF C 1I/YtJJJ
This is to certify, that on S /ItI! ~ , 2005, before me, an officer d~Orized to
take acknowledgments in the State anJi County aforesaid, personally appeared ~ IJ- ~
, as the 5avtRl VJ("F f'~MNr" of Riverside Nation Bank of Florida, on behalf of said
corporation, who is/is not personally kn...ill:Y!l.to me or has/has not produced the following identification_
and who did/did not take an oath.
IN WlTNEoSSWHE:OF, I have set m2"d and seal on t~
".""" ... ':~9S N~:~~ .::r./k-k .~
Pnnt Name: . ~
My commission expires:
Porta Joinder and Consent to Plat
PREPARED BY AND RETURN TO:
06/15/2005 09:44 AM
T!iS t rument # 2005...! :}()H~:<4 II
~:~ 0 fJ k.: ~) !'::;'(
qc::: 21
Diane M. Matousek
Volusia County, Clerk of Court
.
~
. '-"
Edward A, Storey III, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
Project: ParkTowne Industrial Center
Plat Book ~ ' Pag~3 --3Lt
JOINDER AND CONSENT TO PLAT DEDICATION
(NIT Holdings, LLC)
The undersigned hereby certifies that it is the holder of a mortgage, lien or other encumbrance upon the
above described property which encumbrance is recorded April 4, 2004, in Official Records Book 5293, Page
840, of the Public Records of V olusia County, Florida and t the undersigned hereby joins in and consents
to the recording of the above referenced plat and the dedicat on the lands described in the dedication block
herein by the owner thereof, and agrees that its mortgage, I n or ther encumbrance shall be subordinated
to the above dedication.
Signed, sealed and delivered in the
presence of:
ANK, a Florida corporation
~U-t-.y dfW/L;tt--
Pri Name: JA-,...h::i' '-f7-h::t-10,o
JtiAdAA IJ' 6MNiu
PrlntName: 81M1/)Rj?, J: 6t..gWN
STATE OF FJ C:v I d. CL
COUNTY OF \/ nlU~>iq
This is to certify, that on vYtCLj Ot f1.-, ,2005, before me, an officer duly authorized to
take acknowledgments in th,e State and County aforesaid, personally appeared 7- J<l i {OnO~
, as the Pr..Q sid Q.1t of Friends Bank, on behalf of said corporation, who
.~is not personally known to me or has/ha~t produced the following identification
and who did/did not take an oath.
IN ~~~~A~~l!EREOF, I have set mjJa~,~ ~n~ seal on the above date.
#~:~;'~~issl~i;;.~;;\~ ~rPU Q _ ~
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~z ~ ... 1* I Print Name: L t.1 Tl/fp./j-,jf A. Ou-rkrtCL-
~~. #00223597 . :"<:"~ M'"
~')7; ..-1,; e, " .. ~~ y commISSIOn expIres:
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'1111. <Ie, STAi~ ,'i';\
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NIT Joinder and Consent to Plat
~
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06/15/2005 09:44 AM
Instrument# 2005-156955 #
Book:. 55-16
Page: 2200
Diane M. Matousek
Volusia County, Clerk of Court
.
PREPARED BY AND RETURN TO:
Edward A, Storey III, Esq.
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
Project: ParkTowne Industrial Center
Plat Book ~ , Paged3-3Lt
JOINDER AND CONSENT TO PLAT DEDICATION
(Walter B. Warning, Jr.)
The undersigned hereby certifies that it is the holder of a mortgage, lien or other encumbrance upon the
above described property which encumbrance is recorded December 29,2003, in Official Records Book
5232, Page 2278, together with the Limitation of Right of Future Advances recorded in Official Records
Book 5487, Page 4132 of the Public Records of Vol usia County, Florida and that the undersigned hereby
joins in and consents to the recording of the above referenced plat and the dedication of the lands described
in the dedication block herein by the owner thereof, and a ree that its mortgage, lien or other encumbrance
shall be subordinated to the above dedication.
Signed, sealed and delivered in the
presence of:
~O~
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. a~e: J7:+A.J E T ' A-(2.-P
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Print Name: S~IJDa...:r: 6~tJAJ
STATE OF YJ 0((.1 D.-
COUNTY OF V Ol \.IS I Q
This is to certify, that on fV\Ct~ q In. ,2005, before me, an 0 fi~er duly authorized to
take acknowledgments in the State and County aforesaid, personally appeared ,~/I (On
, as the P ( e S ld Pvlt of Friends Bank, on behalf of said corporation, who
~/is not personally known to me or has/has not produced the following identification
and who d~\\<dittl_/~J).ke an oath.
~",~,~~. 84 ,!II;~
~~v ....... /1$:: ~
~~J~~OF, I have set my hand and seal on the above date.
~ :" ~ ,:,,": 00 ~ ~ 1 () ',' . ~ . " 0, v? /1/ I 11. .
~ * : ... : * f ~l R/z.{L. . U{;t:LJ.-UU,
~~\ #DD223597 l?$i Notary Public . is'"
~~.~'!oncJe ~ ~~..9!~ f}/lT-l.~i/lf- /7 ~r)-LiAdJFI
~~)-...,?PybiiC~~'ll'~..~~~ Print Name: l'/If /(L(L...I.fvt (-r< uTrv,,-le
~ ,00; ... ... ()~ ~
'I""II'B.,VC:ST~\~ \\;,\~ My commission expires:
"'/1111111\\\\ .
Warning Joinder and Consent to Plat
PREPARED BY AND RETURN TO:
06/15/2005 09:44 AM
Instrument# 2005--156956 # 1
.."., Book: 5576
Page: 2201
Diane M. Matousek
Volusia County, Clerk of Court
f
'.
.
. '-"
Edward A, Storey III, Esq.
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
Project: ParkTowne Industrial Center
Plat Book,,----~ , Pagec;>2>-3y
JOINDER AND CONSENT TO PLAT DEDICATION
(Waiter B. Warning, Jr.)
The undersigned hereby certifies that it is the holder of a mortgage, lien or other encumbrance upon the
above described property which encumbrance is recorded February 7, 2005, in Official Records Book 5487,
Page 4115, of the Public Records of Vol usia County, Florida and that the undersigned hereby joins in and
consents to the recording of the above referenced plat and the dedication of the lands described in the
dedication block herein by the owner thereof, and agrees that its mortgage, lien or other encumbrance shall
be subordinated to the above dedication.
Signed, sealed and delivered in the
presence of:
THE COMMERCIAL BANK
~~
Print Name: US(1..(\. m~/
By:
Name:
Title:
STATE OF ~'O\1do..
COUNTY OF Vl)U4. 'Si.o...
This is to certify, that on~, 2005, before me, an officer duly' authorized to
take aCknOWledgmen~~ the State and County aforesaid, personally appeared i~:~el h. acMr\IV~ ~.
, as the r' ~1 detJ- of The Commercial Bank, on behalf of said
corporation, wQo is/is not personallv known to ~ or has/has not produced the following identification_
and w.lw.JliP/did not take oa.
IN WITNESS WHEREOF, I have set my
CHAAMIN M. STUMPF
MY COMMISSION # DO 280689
EXPIRES: May 11, 2008
IondId Thru Notary Public Underwriters
Notary Public
Print Name:
My commission expires:
Warning2 Joinder and Consent to Plat
.
'-'
..."
06/15/2005 09:44 AM
Instrumentit 2005-156957 #
Book: 5576
F)afJe: 2202
Diane M. Matousek
Volusia County, Clerk of Court
,.
\
4
"
PREPARED BY AND RETURN TO:
Edward A, Storey III, Esq.
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
Project: ParkTowne Industrial Center
Plat Book~ , Pag~o-3J..4
JOINDER AND CONSENT TO PLAT DEDICATION
(Massey Enterprises, a Florida general partnership)
The undersigned hereby certifies that it is the holder of a mortgage, lien or other encumbrance upon the
above described property which encumbrance is recorded August 8, 2003, in Official Records Book 5134,
Page 3940, of the Public Records of Vol usia County, Florida and that the undersigned hereby joins in and
consents to the recording of the above referenced plat and the dedication of the lands described in the
dedication block herein by the owner thereof, and agrees that its mortgage, lien or other encumbrance shall
be subordinated to the above dedication.
Signed, sealed and delivered in the
presence of:
RIVERSIDE NATION BANK OF
FLORIDA, a corporation existing under
the laws of the United States of America
~~~tmrd
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By:~.t1. ~.
Name: ~/1lI /I. /ft.LIVttrT
Title: i3L/IIV&I mfMIfG-a /lS~..(/;..3~
,..
STATE OF FIt) v-r de.-
COUNTY OF Vt) ~~
This is to certify, that on 6' ~ - ,2005, before me, an officer duJy authorized to
take acknowledgments in the State and County aforesaid, personally appeared W ~ ~
, as the {Y"'~ Ylto( .,.. c. of Riverside Nation Bank of Florida, on behalf of said
corporation, who is/is not personally known to e or has/has not produced the following identification_
an w 0 I id not take an oath.
IN WITNESS WHEREOF, I have set my hand and seal on the above date.
Ai""":::~~"":";~,,~~= ~~
Ij/~:.'~;'.f~f{c:.~ "LESUE MOOPE ::'.! .
,j'I,~~::Jt, (. "1,~ v 'OM MISSION # DO 1284 1,','Jl Notary Public
"">'~"o~~'~ . eXPIRES: October 24 ?006 ' .
'I.. _, "-9r"t~".. llollaed Th'uNotary P bl' U ,... Pnnt Name:
"""'1~\~ ==== U Ie nderwmerc .. .
My commiSSIOn expIres:
Massey Joinder and Consent to Plat
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PROJECT NO.: EW-06
ISSUE:
ENGINEER SEAL:
_Cierok
Engineering, Inc:
Civ'it DeSign and Construct/on Services
1835 Edgewater Drive. Oriando, Florida 32804
Phone: 407/244-8580' Fax: 407/244-8581
amail: gierok@cfl.rr.com. MWBE Certified
PROJECT NAME:
PARKTOWNE INDUSTRIAL CENTER
REV. DATE DESCRIPTION
1/28103 CllY OF EDGWATER UPDATE
2/20/03 CllY OF EDGWATER UPDATE
BY
KNG
DRAWING TITLE:
CONCEPTUAL DEVELOPMENT PLAN
SIGNATURE
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