00-777 2.00 DUVA PAGE 2196 0120 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LAND AND PROPERTY OF CROCKER'S LANDING ASSOCIATION, INC.
A NON-PROFIT CORPORATION THIS DECLARATION, made on the date hereinafter set forth by CROCKER'S LANDING ASSOCIATION, INC., hereinafter referred to as "Declarant".
WITNESSETH: WHEREAS, the corporation is the owner of certain real and personal property in Harnett Township, County of New Hanover, State of North Carolina, which real property is more particularly described on Exhibit "A" attached hereto; and WHEREAS, the corporation may acquire additional real property hereafter; and 000156 WHEREAS, the real property of the corporation is subject to the rights of CROCKER'S LANDING, LLC as set forth in a Agreement recorded in Book 2196, Page 0108, in the New Hanover County Registry; and, WHEREAS, the corporation desires to impose certain restrictive and protective covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth.
NOW, THEREFORE, the corporation hereby declares that all of the properties as described on Exhibit "A", together with any parcel acquired hereafter, shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such property. These easements, covenants, restrictions and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described properties or any part thereof, and shall inure to the benefit of each member of the corporation. Provided, however, that the corporation
ing or acquiring any right, title or interest in the described properties or any part thereof, and shall inure to the benefit of each member of the corporation. Provided, however, that the corporation acknowledges that said real estate is subject to the rights of CROCKER'S LANDING, LLC as set forth in an Agreement recorded in Book 2196, Page 0108, in the New Hanover County Registry (hereinafter referred to as "the Agreement").
472830 RETURNED TO BOOK PAGE 2196 0121 Section 1: ARTICLE I DEFINITIONS ADMITTED TO 47th Day of June 1997 3:49631 MARY SUE OOTS REGISTER OF DEEDS KEW HANOVER COUNTY "CORPORATION" shall mean and refer to CROCKER'S INC., a North Carolina corporation, its LANDING ASSOCIATION, successors and assigns.
Section 2: "BOARD" shall mean and refer to the Board of Directors of CROCKER'S LANDING ASSOCIATION, INC. as lawfully constituted from time to time under the provisions of the Articles of Incorporation, this Declaration and the By-Laws.
Section 3: "COMMON AREA" shall mean all real and personal property now owned or hereafter acquired by the corporation.
Section 4: "PLAT" shall mean the map of Crocker's Landing Association, Inc. recorded in Map Book Page in the New Hanover County Registry, a copy of which is also attached hereto as Exhibit "B".
37 16 Section 5: "BOAT SLIP" shall mean the space in and above the water adjacent to the Atlantic Intracoastal Waterway, New Hanover County, North Carolina, for the docking of a boat as shown diagrammatically on the Plat, and all such slips exist by virtue of valid permits from the United States Army Corps of Engineers and the North Carolina Coastal Resource Commission for their creation and use.
Section 6: "MEMBERSHIP" shall mean and refer to the rights, benefits, duties and obligations, evidenced by an appropriate
and the North Carolina Coastal Resource Commission for their creation and use.
Section 6: "MEMBERSHIP" shall mean and refer to the rights, benefits, duties and obligations, evidenced by an appropriate certificate, which inure to the benefit of and burden each member of the corporation.
Section 7: "CHARTER MEMBERSHIP" shall mean and refer to the first membership issued by the corporation entitling its holder to the exclusive use of each boat slip shown on the Plat together with all other rights, benefits, duties and obligations, evidenced by an appropriate certificate, which inure to the benefit of and burden each member of the corporation.
Section 8: 'MEMBER" shall mean and refer to the person(s) or entity who has a membership in the corporation.
Section 9 "CHARTER MEMBER" shall mean and refer to the 2 2196 0122 person(s) or entity which is issued and holds a Charter Membership in the corporation, which shall be Crocker's Landing, LLC.
Section 10 "LICENSER" shall mean and refer to any person or entity who secures the right to the use of a membership from a member. All such licenses, except licenses already in existence on the date of recording of this Declaration must be approved by the Board of Directors following such procedures as the Board may prescribe. Notwithstanding any other provision of this Declaration, during all periods of any license of such membership the approved licensee shall possess, hold and use the licensed membership rights; and during such periods the member-licensor shall have no right to the use and enjoyment of the membership, except that the member(s) only may vote such membership at any meeting of members for any purpose or any matter, in the event that such membership includes voting rights.
ARTICLE II
of the membership, except that the member(s) only may vote such membership at any meeting of members for any purpose or any matter, in the event that such membership includes voting rights.
ARTICLE II DISCLOSURES AND DISCLAIMERS BY DECLARANT Section 1: STATUS OF FACILITY: The Declarant is informed and believes that all necessary governmental permits for the existence of the boat dock facility have been issued and are presently in full force and effect. The facility is located upon navigable waters and exists solely in accordance with the terms of such permits as have been issued, and remain in effect, by agencies of the United States of America and the State of North Carolina.
The Declarant holds, for the use and benefit of all members, such permits and rights thereunder as are presently existing and in effect. However, all rights of the Declarant in and to the boat dock facility and all improvements related thereto are subject to the terms and conditions of any such permits, compliance with such terms and conditions, and the continued existence, effectiveness, and renewal (if required) of such permits. Each member, by acceptance of membership, acknowledges these disclosures by Declarant and agrees to accept membership subject thereto.
Section 2: CONDITION OF FACILITY: The Declarant hereby discloses that it did not construct or cause to be constructed the 3 2196 0123 improvements comprising the boat dock facility. As such, the Declarant makes no warranties or representations as to the condition of the facilities. Each member, by acceptance of a membership, agrees to accept such boat slip as such member is assigned as well as the usage of the common areas of the facilities on an "as is" basis, acknowledging that the
member, by acceptance of a membership, agrees to accept such boat slip as such member is assigned as well as the usage of the common areas of the facilities on an "as is" basis, acknowledging that the disclaimed liability for the condition of such improvements.
ARTICLE III MEMBERS AND RIGHTS OF MEMBERSHIP Declarant has Section 1: CLASSES OF MEMBERSHIP. There shall be two (2) classes of members and memberships: Charter and Class A. The various rights and characteristics of said classes of membership shall be as set forth below in this Article.
Section 2: CHARTER MEMBERSHIP. In consideration and payment for the conveyance of the property described in Exhibit "A" attached hereto, the corporation shall issue to CROCKER'S LANDING, LLC (hereafter "CL") Charter Membership certificates for each and every membership in the corporation, the total number thereof being twenty-eight (28).
Said Charter Memberships shall be freely transferrable by CL without any application or approval. Upon transfer of any such Charter Membership by CL to another person, partnership, corporation, or other entity, such membership shall immediately cease to be a Charter Membership and shall automatically convert to a Class A Membership.
Until such time as a Charter Membership is transferred to another person, partnership, corporation, or other entity, the Charter Member shall have the exclusive right, subject to the provisions hereof and the Bylaws and Rules and Regulations, to occupy, possess and lawfully use that particular boat slip identified on such membership certificate.
The Charter Member shall also have those common area rights set forth below in this Article. All Charter Memberships shall have been transferred and converted to Class A on or before July 1, 2017.
Section 3: CLASS A MEMBERSHIP.
so have those common area rights set forth below in this Article. All Charter Memberships shall have been transferred and converted to Class A on or before July 1, 2017.
Section 3: CLASS A MEMBERSHIP.
A Class A membership shall be a membership entitling such member to the exclusive use and 4 96 0124 enjoyment of one (1) particular boat slip as identified on the membership certificate by reference to the Plat. The total number of Class A memberships once all Charter Memberships have been converted, shall be twenty-eight (28). Each Class A member shall have the exclusive right, subject to the provisions hereof and the Bylaws and Rules and Regulations, to occupy, possess and lawfully use that particular boat slip identified on such membership certificate. Each Class A member shall also have those common area rights and voting rights set forth below in this Article.
Section 4: COMMON AREA RIGHTS. Each member shall have a nonexclusive right and easement of enjoyment in and to the common areas, subject to the rights of Crocker's Landing, LLC as set forth in an Agreement recorded in Book 2196, Page 0108, in the New County Registry, and subject to the right of the Hanover corporation: 1. To limit the number of guests of members; 2.
In accordance with its Articles and By-Laws, to borrow money for the purpose of improving the properties, common area and facilities; 3.
To suspend all rights of any member for any period during which an assessment against such member remains unpaid or, for a period not to exceed thirty (30) days, for an infraction of its published Rules and Regulations; and to license or otherwise lawfully use all rights of any such member during any such period of suspension; and No 4. To dedicate or transfer all or any part of the Common
shed Rules and Regulations; and to license or otherwise lawfully use all rights of any such member during any such period of suspension; and No 4. To dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purpose, subject to such conditions as may be agreed to by the Members.
such dedication or transfer shall be effective unless approved by members owning two-thirds (2/3) of the Memberships and further subject to the By-Laws and Rules and Regulations of the Board of Directors.
Section 5: VOTING RIGHTS.
The Owner of each Class A membership shall have one (1) vote at any meeting of members, subject to the Bylaws of the corporation.
Section 6: TRANSFER OF MEMBERSHIP. Any and all Charter Memberships may be transferred, assigned, pledged, or leased by CL 5 BOOK PAGE 2196 0125 without limitation and without the requirement of any approval. As to all Class A memberships, there shall be no transfer, assignment, pledge, or lease of any membership or any interest therein without the prior approval of the Board of Directors following such procedure as may be prescribed in the Bylaws.
Section 7: RIGHTS OF CHARTER MEMBERSHIP PROTECTED. All of the rights, easements, benefits, terms, conditions, and provisions of Charter Membership as set forth in this Declaration and/or the Bylaws and Rules and Regulations issued pursuant thereto are hereby fully guaranteed, assured, and protected for the Charter Member.
No amendment of this Declaration is hereby authorized, and no such amendment shall be valid or enforceable, which in any way alters, modifies, amends, or in any fashion affects or diminishes the rights, easements, benefits, terms, conditions, and provisions of Charter Membership as set forth in the Agreement, in this
ny way alters, modifies, amends, or in any fashion affects or diminishes the rights, easements, benefits, terms, conditions, and provisions of Charter Membership as set forth in the Agreement, in this Declaration and/or the Bylaws and Rules and Regulations issued pursuant thereto, unless such amendment shall have been consented to in writing by the Charter Member.
ARTICLE IV COVENANT FOR ASSESSMENTS Section 1: CREATION OF THE LIEN AND PERSONAL OBLIGATION OF Each owner of each membership excepting all Charter ASSESSMENTS: Memberships agrees to pay the corporation: (1) regular assessments, (2) special assessments, (3) assessments for violations of this DECLARATION, the BY-LAWS, or RULES AND REGULATIONS, and (4) assessments for repairs of damage caused by fault, such assessments to be fixed, established and collected from time to time as hereinafter provided. All such assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the membership and shall be a continuing lien upon the membership against which each such assessment is made as provided in Sections 9, 10 and 11 hereof. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such 6 BOOK 2196 PAGE 0126 membership at the time the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successor in title unless expressly assumed by such successor.
Section 2: PURPOSE OF ASSESSMENTS: The assessments levied by the corporation shall be used exclusively for the purpose of (1) promoting the recreation, health, safety and welfare of the members and their property; (2) the enforcement of these Covenants and the
the corporation shall be used exclusively for the purpose of (1) promoting the recreation, health, safety and welfare of the members and their property; (2) the enforcement of these Covenants and the Rules of the corporation promulgated by the Board of Directors; and (3) in particular for the acquisition, purchase, lease, improvement, repair and maintenance of the lands, piers, docks, pilings, properties, services and dock facilities of the corporation and related to the use and enjoyment of such properties.
Section 3: DETERMINATION OF REGULAR ASSESSMENTS A. The Board shall determine the amount of regular assessments against members as specified in the By-Laws. Regular assessments against members shall be determined, imposed, levied and collected by the Board.
B. The Board is specifically empowered on behalf of the corporation to make and collect regular assessments and to replace, maintain and repair all property of the corporation including the bulkheads, docks, piers, pilings, dock boxes and other dock facilities. Assessments shall be payable periodically determined by the Board, but no more frequently than monthly.
as Section 4: SPECIAL ASSESSMENTS. In addition to the regular assessments authorized above, the Board may levy in any fiscal year, a special assessment or assessments applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of capital improvements upon any of the common area and the necessary fixtures and personal property related thereto, or defraying in whole or in part the cost of any dredging, or defraying the expenses of operation, maintenance or renovation not adequately funded by regular assessments. Except as specified
thereto, or defraying in whole or in part the cost of any dredging, or defraying the expenses of operation, maintenance or renovation not adequately funded by regular assessments. Except as specified herein all special assessments shall be determined, imposed, levied 7 2196 0127 and collected in the manner prescribed in the By-Laws, provided that, if such special assessment exceeds ONE THOUSAND DOLLARS ($1,000.00) in any fiscal year for any membership, such assessment shall have the approval of the owners of a majority of the total Memberships then outstanding at a meeting duly constituted for this purpose, written notice of which shall have been sent to all members not less than ten (10) days nor more than sixty (60) days in advance of the meeting setting forth the time, date, place and purpose of the meeting.
Section 5: ASSESSMENT FOR VIOLATIONS.
For the violation by a member or his guest of any rule or regulation adopted by the Board or the breach of any By-Law, or the breach of any provision of the DECLARATION, the Board shall have the power and authority to impose a special assessment against any member not to exceed FIVE HUNDRED DOLLARS ($500.00) for each occurrence.
Section 6: QUORUM FOR ANY ACTION AUTHORIZED UNDER. At the first meeting called, the presence at the meeting of memberships or of proxies entitled to cast sixty percent (60%) of all the votes shall constitute a quorum.
Section 7: DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS. DUE DATES. The regular assessments provided for herein shall commence as to each membership on the first day of the month following its acquisition from CL by some other person, partnership, corporation or other entity. No assessment shall be levied or charged against any Charter Membership. The Board of Directors shall fix the
ng its acquisition from CL by some other person, partnership, corporation or other entity. No assessment shall be levied or charged against any Charter Membership. The Board of Directors shall fix the amount of the regular assessment against each membership at least thirty (30) days in advance of each fiscal year.
Written notice of the regular assessment shall be sent to the member(s) owning each membership. The due dates shall be established by the Board of Directors. The corporation shall, upon demand at any reasonable time, furnish a certificate in writing signed by an officer of the corporation setting forth whether the assessments against a specified membership have been paid. A reasonable charge may be made by the Board for issuance of these certificates. Such certificate shall be conclusive evidence of payment of any 8 2196 0128 assessment therein stated to have been paid.
Section 8: ASSESSMENTS FOR REPAIRS OF DAMAGE CAUSED BY FAULT.
If a member, his assignee or licensee, or one of his guests damages or destroys by his or her fault, as determined by the Board, any of the property of the corporation including the bulkheads, piers, docks, boat slips, dock boxes and other facilities, the corporation shall repair the damage or replace the destroyed property as soon as practicable and shall levy an individual assessment upon the owner(s) of that membership for the full cost of repair or replacement.
Section 9: EFFECT OF NONPAYMENT OF ASSESSMENTS. REMEDIES OF THE CORPORATION. Any assessments or any portions thereof which are not paid when due shall be delinquent. If the assessment or portion thereof is not paid within thirty (30) days after the due date, the same shall become a lien on such membership and bear
f which are not paid when due shall be delinquent. If the assessment or portion thereof is not paid within thirty (30) days after the due date, the same shall become a lien on such membership and bear interest from the date of delinquency at the rate of eighteen percent (18%) per annum. No member may waive or otherwise escape liability for the assessments provided for herein by non-use or abandonment of his membership.
Section 10: CREATION OF LIEN. Recognizing that proper operation and management of the COMMON AREAS require the continuing payment of costs and expenses therefor, and that such proper operation and maintenance result in benefit to all of the owners of memberships, and that the payment of such common expenses represented by the assessments levied and collected by the Board is necessary in order to preserve and protect the property of the owners of memberships, the Corporation is hereby granted a lien upon each membership excepting all Charter Memberships, and its appurtenant undivided interest in common areas and facilities, which lien shall secure and does secure the monies due for all assessments now or hereafter levied against the owner of each membership which lien shall also secure interest, if any, which may be due on the amount of any delinquent assessments owing to the Corporation, and which lien shall also secure all costs and expenses, including reasonable attorney's fees, which may be 9 2196 0129 incurred by the Corporation in securing the payment of such assessment or enforcing this lien upon the membership and its appurtenant undivided interest in common areas and facilities. The lien granted to the Corporation may be foreclosed in the manner provided by North Carolina General Statutes Section 47A-22, and in
ts appurtenant undivided interest in common areas and facilities. The lien granted to the Corporation may be foreclosed in the manner provided by North Carolina General Statutes Section 47A-22, and in any suit for the foreclosure of that lien, the Corporation shall be entitled to the appointment of a receiver for that membership. The lien granted to the Corporation shall further secure such advances for taxes, and payments on account of superior mortgages, liens, or encumbrances which may be required to be advanced by the Corporation in order to preserve and protect its lien, and the Corporation shall further be entitled to interest at the rate prescribed above on any such advances made for such purpose.
persons, firms, or corporations who shall acquire, by whatever means, any interest in the ownership of any membership, or who may be given or acquire a mortgage, lien, or other encumbrance thereon, are hereby placed on notice of the lien rights granted to the Corporation, and shall acquire such interest in any membership expressly subject to such lien rights.
All Section 11: CLAIM OF LIEN AND FORECLOSURE. The lien herein granted unto the Corporation shall be enforceable from and after the time of recording a claim of lien in the public records of New Hanover County, North Carolina, which claim shall state the description of the membership encumbered thereby, the name of the record owner, the amount due and the date when due. The claim of lien shall be recordable any time after default and the lien shall continue in effect until all sums secured by that lien as herein provided shall have been fully paid. Such claims of lien shall include only assessments which are due and payable when the claim of lien is recorded, plus interest, costs, attorney's fees,
n as herein provided shall have been fully paid. Such claims of lien shall include only assessments which are due and payable when the claim of lien is recorded, plus interest, costs, attorney's fees, advances to pay taxes and prior encumbrances and interest thereon, all as above provided. Such claims of lien shall be signed and verified by an officer or agent of the Corporation.
payment of all sums secured by such claim of lien, the same shall be satisfied of record. The Corporation shall be authorized to Upon full 10 2196 0130 foreclose on such lien or claim of lien in any manner allowed by law. The lien provided for herein shall be subordinate to the lien of any first mortgage or pledge, and any person, firm or corporation acquiring title to any membership and its appurtenant undivided interest in common areas and facilities by virtue of any foreclosure, transfer in lieu of foreclosure or judicial sale, shall be liable and obligated only for assessments as shall accrue and become due and payable thereafter. After satisfaction of the lawful claims of such first mortgagee/pledge, the net proceeds from any foreclosure sale or private sale shall first be applied to the payment of all lien claims of the Corporation, and the balance of such sale proceeds shall then be delivered to the owner(s) of the Membership which was subjected to the foreclosure or private sale in lieu of foreclosure. In the event of the acquisition of a membership by foreclosure, transfer in lieu of foreclosure or judicial sale, any assessment or assessments as to which the party so acquiring the membership shall not be liable shall be absorbed and paid by all owners of all memberships as a part of the common expenses, although nothing herein contained shall be construed as
ty so acquiring the membership shall not be liable shall be absorbed and paid by all owners of all memberships as a part of the common expenses, although nothing herein contained shall be construed as releasing the party liable for such delinquent assessment from payment thereof or the enforcement of collection of such payment by means other than foreclosure.
Section 12: LIEN NOT EXCLUSIVE REMEDY.
Whenever any a membership may be licensed, sold or mortgaged by the owner thereof, the Corporation, upon written request of the Member(s) shall furnish to the proposed licensee, purchaser or mortgagee, statement verifying the status of payment of any assessment which shall be due and payable to the Corporation by such membership.
Such statement shall be signed by any officer of the Corporation and any licensee, purchaser, or mortgagee may rely upon such statement in concluding the proposed license, purchase, or mortgage transaction; and the Corporation shall be bound by such statement.
In any voluntary conveyance of a membership, the purchaser thereof shall be jointly and severally liable with the seller for all unpaid obligations against seller made prior to the time of 11 2196 0131 such voluntary conveyance, without prejudice to the rights of the purchaser to recover from seller the amounts paid by purchaser therefor.
Institution of a suit at law to attempt to effect collection of the payment of any delinquent assessment, attorney's fees, interest and costs shall not be deemed to be an election by the Corporation which shall prevent it from thereafter seeking, by foreclosure action, enforcement of the collection of any sums remaining owing to it, nor shall proceeding by foreclosure attempt such collection be deemed to be an election precluding the
seeking, by foreclosure action, enforcement of the collection of any sums remaining owing to it, nor shall proceeding by foreclosure attempt such collection be deemed to be an election precluding the institution of a suit at law to collect any sums then remaining owing to the corporation.
to ARTICLE V MAINTENANCE The Corporation shall provide maintenance of all of its properties including bulkheads, docks, piers, pilings, dock boxes and other dock facilities, parking lot and areas, as well as maintenance dredging of the submerged lands of the marina facility. The cost of such maintenance shall be added to and become a part of the total, annual assessment for which all memberships, excepting all Charter Memberships, are liable as specified herein and in the By-Laws.
ARTICLE VI ARCHITECTURAL CONTROL No building, fence, wall, sign, box or other attachment or structure shall be commenced, stored, erected or maintained by any member upon the common area or other property of the corporation, nor shall any addition to or change or alteration thereto be made until the plans and specifications showing the nature, kind, shape, height, materials and location of such change shall have been submitted to and approved in writing by the Board of Directors.
For each boat slip there shall be no more than one (1) dock box permitted. No dock box shall exceed a maximum size of six feet (6') long by two feet (2') wide by two feet (2') high. The location and placement of every dock box must be approved by the 12 2196 0132 Board of Directors.
No removal of any dock box or change in its location, size, design or construction shall be made without the prior written consent of the Board of Directors.
ARTICLE VII USE RESTRICTIONS Section 1: RULES AND REGULATIONS. Subject to the provisions
cation, size, design or construction shall be made without the prior written consent of the Board of Directors.
ARTICLE VII USE RESTRICTIONS Section 1: RULES AND REGULATIONS. Subject to the provisions of the Articles of Incorporation and this Declaration, the Board of Directors of the corporation shall have the power to formulate, publish and enforce reasonable rules and regulations concerning the use and enjoyment of all the property of the corporation, including boat slips, docks, dock boxes, dock facilities, piers and pilings, and parking lot and areas. Such rules and regulations, along with all policy resolutions and policy actions taken by the Board of Directors, shall be recorded in a Minute Book or Book of Resolutions, which shall be maintained at a place convenient to the members and available to them for business hours.
inspection during normal Section 2: QUIET ENJOYMENT.
No obnoxious or offensive activity shall be carried on in or upon the property of the corporation, including boat slips, docks, dock boxes, dock facilities, piers and pilings, and parking lot and areas, nor shall anything be done which may be or may become a public or private nuisance as determined by the law of North Carolina.
Section 3: COMMERCIAL PURPOSES: The following portions of the corporation's boat docking facility as shown on Exhibit "B" attached hereto are hereby designated and approved for commercial usage: (a) Boat Slip No. 1; (b) Boat Slip No. 10; (c) All of that dock space or area located between Boat Slip No. 1 and Boat Slip No. 10 along the inside or northeastern side of the dock; and, (d) Boat Slip Nos. 22, 23, 24, 25, 26, 27, and 28.
Commercial usage, including but not limited to sales, servicing, and advertising of boats and vessels, shall be permitted 13 2196 0133
the dock; and, (d) Boat Slip Nos. 22, 23, 24, 25, 26, 27, and 28.
Commercial usage, including but not limited to sales, servicing, and advertising of boats and vessels, shall be permitted 13 2196 0133 only in those portions of the boat dock facility designated and approved for commercial usage. In all other portions of the boat docking facility, all commercial uses are prohibited.
Said designation of commercial areas of the corporation's boat dock facility shall not be subject to modification, amendment, or deletion unless the same shall be approved in writing by the member, whether a Class A or Charter Member, who is entitled to the use and enjoyment of the commercial boat slip, boat slips, or dock space affected by such modification, amendment, or deletion.
Section 4: SPECIAL LEASE RIGHTS.
With respect to that dock space or area located between Boat Slip No. 1 and Boat Slip No. 10 along the inside or northeastern side of the dock of the corporation's facility, the Class A member who has the right to the use and enjoyment of both Boat Slip No. 1 and Boat Slip No. 10 shall have the right and option to lease said dock space for so long as such member shall continue to control both Boat Slip No. 1 and Boat Slip No. 10. The rent to be paid by said Class A member to the corporation for leasing such dock space shall be equal to the regular assessment charged to a Class A member for each membership and shall be due and payable at the same time as such regular assessments are due. In the event that said Class A member shall decline to lease said dock space or that no Class A member shall control both Boat Slip No. 1 and Boat Slip No. 10, then said dock space shall not be leased but shall be treated as common area to the facility.
ARTICLE VIII EASEMENTS
or that no Class A member shall control both Boat Slip No. 1 and Boat Slip No. 10, then said dock space shall not be leased but shall be treated as common area to the facility.
ARTICLE VIII EASEMENTS All of the property of the corporation including boat slips, docks, dock boxes, dock facilities, piers and pilings, and parking lot and areas, shall be subject to such easements for driveways, walkways, parking areas, water lines, sanitary sewers, storm drainage facilities, footings, air conditioning compressors, gas lines, telephone, cablevision and electric power lines and other public utilities as are of record in the New Hanover County Registry, prior to the recording of this Declaration; and the 14 DUUK 2196 0134 corporation shall have the power and authority to grant and establish upon, over and under and across all of its properties as described such further easements as are appropriate for the convenient maintenance, repair, use and enjoyment of such properties.
The Charter Member shall have easements over the corporation's property for all existing utility lines, including but not limited to electric, telephone, water, sewer, and cable television lines, providing service to any boat slips to which the Charter Member has the right of use and enjoyment. The Charter Member shall also have the right to easements over the corporation's property for any and all future utility lines which the Charter Member determines to be necessary or appropriate to provide service to any boat slip or boat slips to which the Charter Member has the right of use and enjoyment, so long as said easements are so located and installed as not to unreasonably interfere with vehicular and pedestrian access across the corporation's property.
ARTICLE IX GENERAL PROVISIONS
enjoyment, so long as said easements are so located and installed as not to unreasonably interfere with vehicular and pedestrian access across the corporation's property.
ARTICLE IX GENERAL PROVISIONS Section 1: ENFORCEMENT. The corporation shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by or under the provisions of this Declaration. Failure of the corporation to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2: SEVERABILITY. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect. In the event of any conflict between the provisions of this Declaration and the provisions of the Bylaws and/or the Rules and Regulations issued pursuant hereto, the provisions of this Declaration shall control.
conditions and Section 3. AMENDMENT. The covenants, restrictions of this Declaration shall run with and bind all of the 15