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HomeMy WebLinkAboutWQ0002128_More Information (Received)_20240930STATE OF NORTH CAROLINA COUNTY OF Carteret Permit No. W00002128 OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dI) and entered into this 30 day of September 2024 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Pebble Beach Homeowners Assocation. Inc , a non-profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the ASSOCIATION. WITNESSETH: 1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business of the development known as Pebble Beach Homeowners Assocaition. Inc (hereinafter the Development); of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System); and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and repair. 2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development on said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and/or operate the Disposal System. 4. The Development was created subject to unit ownership in the dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C of the North Carolina General Statutes. 5. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows: 1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. FORM: BOA 0 1 -20 Pagel of2 3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain, or construct the Disposal System beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the facility and shall be part of the yearly budget. 4. In the event the common expense allocation and separate fund(s) are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made as necessary at any time. 5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the ASSOCIATION's successor. 8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duty authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION S. Daniel Smith, Director Division of Water Resources Pebble Beach Homeowners Association, Inc Name of ASSOCIATION Bv: ti (Sigrrature� James Bunr?er Association Manar?er Print Name and Title 9/30/24 (Date) (Date) FORM: HOA 01-20 Page 2 of 2 vial-1121T W �.­ Seejret*Y of Stale ese resents shall conae, Greeting: are : �'Secvetary of State of the State of z'k do hereby certify the following and ed ( 6 sheets) to be a true copy qf RTICLVS OF INCORPORATION OF U_�BEACH HOIVOWNERS' ASSOCDITIOU, THC. of which was f-i"O flee on the 1.6th day of September 1982 I.Z rid been to conform to law. tress Whereof, I have hereunto set nay hand d ply official seal. i Office, at Raleigh, this 16th day mber in the year of our Lord 19 82. - BOOK 632picE502 058,18 e'1� .18 Ca 8M °8Z ARTICLES OF INCORPORATION THAD EURE OF 'Ght: ihPY UtOPOWHEACH HOMEOWNERS' ASSOCIATION, INC. In compliance with the requlromente of Chapter 55A of the - -North.Carolina Ooneral. Statutes, the undersigned, a natural j;person of full age, has thin day executed these Articles of Incorporation for the purpose of forming a non—profit corporation and hereby oevtifies: ARTICLE I The name of the corporation is Pebble Beach Homeowners' Association, Inc., hereinafter called the "As000laticn". ARTICLE II The principal and registered office of the Association is located at 323 Now Bridge Street, Onalow County, Jacksonville, North Carolin-. 28540, ARTICLE III Frank W. Erwin, whose address is 323 New Bridge Street, Onulow County, Jacksonville, North Carolina 285110 is hereby appointed the initial Registered Agent of thin Aosoeiatlon. ARTICLE IV !' This Association done not contemplate pecuniary gain or ' profit to the members thereof and no part of the Aesoeiation's ;bl t„kRS',�,ball inure to the benefit of any of its officers, droctors odm"®m1s®i•a�or"`hny`°other privabo-dndivldual. The purposes and objects of the corporation shall be to administer �•.,,-' the operation and management of Pebble Beach Condominiums (hereinafter called "the Condominium"), a condominium to be established in accordance with the laws of the State of North Carolina upon the property situate, lying and being in Emerald Isle Township, Carteret County, North Carolina, and more particularly described in Exhibit "A" attached to the Declaration -: of Condominium and incorporated herein by reference; to undertake the performance of the acts and duties incident to the administration of the operation and management of said Pebble Beach Condominiums in accordance with the terms provisions, - S,�-conditions and authorizations contained in these Articles of `i J:?%a•,r Incorporation and which may be contained in the formal Declaration of Condominium, which will be recorded in the Public Roeords of Carteret County, Nort-n Carolina, at the time said property, and the improvements now or hereafter situate thereon, f are aubmitted to a plan of Condominium Ownership; and to own, operate, lease, sell, trade and otherwise deal with ouch property, whether real or personal, as may be necessary or convenient in the administration of said. Condominium. �['.�`1�U R+kltA73%itRcxr-1 vn: �LP:•:i':�-s' - d. �:_�,:..:,. .. .-. .. 4 4PPA .4 r. 1-R Et VVrpVC#dLd VIA mxHL L+Va" —,. -. privilQnu granted to llon-pt of5 a rs4>y tin sz, nft-v tit; law. pursuant to. which tilis•CorporktAen is chartered; and all of the:`pawora-.and p��ivilogas which--tIey he wcant:ed i.> unto said'sr�?vr➢oration uhdnr:any.,Qpp11o¢1>l0 lawn of the ;.''• Mate cP-Plorth Carolina,`tnaludixtg tho_Unit Crnorahip F Act. 2. The Corporationrohall have.all or the porlers reaponably noaeanary to'implement �end'offeatuhtn tho purponsrs:of ; the Corporation, including but n6t'limitod to dhe' following: r W To make and establish.reasonabie rules and regula- tions governing the use of Condominium Units and j .:• Common Property in the Condominiums as said termo ! may be defined in said Declaration of Condominium to be recorded. -{ ,.,�. (b) To levy and collect asasesment's against mambos of i`•)r the Corporation to defray the comwon expenses of tha Condominium as may be provided in said Declaration of Condominium and in the By -haws of this Corpora- tion which may be hereafter adopted, including the right to levy and collect acaossments for the purposes of acquiring, oporat-ing, leasing, managing and otherwise trading and dealing with such . ,. property, whether renal or perso:,al, including Condominium Units in the Condominium, -which may be necessary or convenient in the operation and management of the Condominium and in s000mplln,`.ing i.�v�?4gi^'>>+:5iiehsa•»5.;x-..y+.•xta;,,-&,�24i+����iRo��.�,nd.�'- �h ..�Si..-��:a.i7#6�'.��BrY- l!� .. Condominium. (c? To maintain, repair, replace, operate and manage the Condominium and the property comprising samo, 3 including the right to construct or reconstruct improvements after casualty and to make further improvement of the Condominium property, mid to make and enter into any and all contracts necessary or desirable to accomplish said purposes. (d) To contract for.the management of the Condominium and to delegate to ouch contractor all of the powers and duties of the Association exooPt thone which may be required by the Declaration of Condominium to have approval of the Board of Directors or member - chip of the Corporation. i sari BZIr E504 -- (a) '1'o acquire and enter into, now or at any time hereafter, loasae and agreements whereby the Association acquires leaseholds, memberships, and other possessory or use interests in !ands or facilities including, but not limited to, oximaing Poole, tannic courts, and other recreation facilitien whether or not eontlguoun to the land& of the Condominium to provide enjoyment, recreation or, other use or benefit to the owners of Condominium Units, (f) To enforce the provisions of the Declaration of Condominium, those Articles of Incorporation, the By -Lawn, rules and regulations governing use of the Condominium which may be hereafter established. (g) To exercise, undertake and accomplish all of the rights, duties and obligations which may be granted to or imposed upon the Corporation puruuan.: to the Deolaration of Condominiums aforementioned. ARTICLE VI The qualification of the members, the manner of their admlasion to membership and termination of such membership, and votkng by members shall be as follows; . 1. The Owners of all Condominium Unite in the Condominium shall be members of the Corporation, and no other person or entities shall be entitled to membership, except an provided in item (5) of this Article VI. 2. Membership shall be established by the acquisition of fee title to a Condominium Unit in the Condominium, or by acquisition of a fee ownership interest therein, whether by conveyance, devise, judicial decree or otherwise, and the membership of any party shall be automatically terminated upon his being divested of all title to or his entire fee ownership interest in any N�'v^^'• ...... '' 90ndominium-Unit,.-o"apt•. that nothing heroin contained shall be construed as terminating the membership of any party who may own two or more Condominium Units, or who may own a foe ownership interest 1n two or more Condominium Units, so long an such party shall retain title to or a fee ownership interest in any Condominium Urit. 3. The intcreat of a member in the funds and aeneto Cf the Corporation cannot be assigned, hypothecated or transferred in any manner, except an an appurtenance to his Condominium Unit. The funds and assets of the Corporation shall belong solely to the Corporation subject to the limitation that the owns may be expended, held or used for the benefit of the membership and for the purposes authorized heroin, in the Declaration of Condominium and in the By -Lawn which may be hereafter adopted. am 632?ku505 11 matters on which the membership shall be entitled ote, each Condominium Unit shall have a vote equal to appurtenant undivided interest in the Common Area as tooth in the Declaration of Condominium. The vote of Unit may be cast or exercised by the Owner or Owners aoh Condominium Unit in such manner as may be ided to the By -Laws hereafter adopted by the oration. Should any member own more than one ominium Unit, such member shall be entitled to Oise or cast the votes associated with each ominuim Unit owned in the manner provided by said aws. 1 such time as the property described in Exhibit "A" he Declaration of Condominium and the improvements h may hereafter be constructed thereon, are submitted Plan of Condominium Ownerahip by the recordation of Declaration of Condominum, the membership of the oration shall be comprised of the three (3) viduals named in Article XI hereof as the initial d of Directors of the Corporation, and each such vidual shall be entitled to cast one vote on all are on which the membership shall be entitled to ARTICLE VII oration shall have perpetual existence. ARTICLE VIII Lvs of the Corporation shall be managed by the the Corporation, assisted by the Vice President, d Treasurer and, if any, the Assistant Secretaries t Treasurers, subject to the directions of the Board The Board of Directors, or the President with the the Board of Directors, may employ a Managing Agent ether managerial and supervisory personnel or administer or assist in the administration of the 1 management of the Condominium, and the affairs of Lon, and any such person or entity may be so employed �d to whether such person or entity is a member of Lon or a Director or Officer of the Corporation, as be. ARTICLE IX 7r of members of the first Board of Directors of the shall be three (3). The number of members of lards of Directors shall be as provided from time to Vy—Laws of the Corporation. The membere of the Board shall be elected by the members of the Corporation Meeting or the membership as provided by the is Corporation, and at least a majority of the Board shall be members of the Corporation or shall be !presentatives, officers or employees of a corporate Corporation. Notwithstanding, the foregoing, so e Beach Resorts, Inc. is the owner of at least one .um unit, but in any event no longer than seven (7) •acovding of the Declaration, the said Pebble Beach --shall have the right to select and deaignate one of the Corporation. Pebble Beach Resorts, Inc. may I select the person or persons to serve as a member each said Board of Directors In the manner provided ,ation of Condominium and In the By -Laws of the and ouch person or persons so designated and I not be a resident of the Condominium. anx 632Pdi606 ARTICLE X The Board of Directors shall elect a President, Vice President, Secretary and Treasurer, and as many Assistant Secretaries and Assistant Treasurers as the Board of Directors shall determine. The President shall be elected from among the membership of the Board of Directors, but no other officer need be a Director. The same person may hold two offices, the duties of which are not incompatible; provided, however, that the office of President and Vice -President shall not be held by the same portion, nor shall the office of President and Secretary or Assistant Secretary be held by the same person. ARTICLE XI' ? The name and post office addresses of the initial Board of Directors who, subject to the provisions of these Articles of Incorporation, the By -Laws and the laws of the State of North Carolina, shall hold office until the first Annual Meeting of the i Membership (or until their successors are elected and qualified) are as follows: Bobby N. Pittman Vernon G. Foster 306 Branchwood Court 3890 Vineyard Road Jacksonville, North Carolina Winston-Salem, North Carolina 28540 27104 i 1 0. W. Tuton 133 Brookview Drive 1 Jacksonville, North Carolina 20540 ARTICLE XII The original By -Laws of the Corporation shall be adopted by a majority vote of the members of the Corporation present at a Vim"_meeting of members at which a majority of the membership is present, and thereafter, such By -Laws may be altered or rescinded only in such manner as said By -Laws may provide. ARTICLE XIII Every Director and every officer of the Corporation shall be indemnified by the Corporation against all expenses and liabilities, including counsel fees, reasonably incurred by or Imposed upon him in connection with any proceeding to which he may be a party, or In which he may become involved, by reason of his being or having been a Director or Officer of the Corporation at the time such expenses are incurred, except in such cases wherein the Director of Officer is adjudged guilty of willful malfeasance in the performance of his duties; provided that, in the event of any claim for reimbursement or indemnification hereunder based upon a settlement by the Director of Officer seeking such reimbursement or indemnification, the Indemnification herein shall only apply if the Board of Directors approves such settlement and reimbursement as being in the best interests of the Corporation. The foregoing right of Indemnification shall be in addition to and not exclusive of all other rights to which such Director or Officer may be entitled. ARTICLE XIV An amendment or amendments to these Articles of Incorporation shall require the assent of seventy-five percent (75%) of the membership. I 'l ii& is �,�F�-• .-`SSA:-����.`_� Q �� 3� .r Ir �� .Y- No amendment to these Articles of Incorporation which shall abridge, amend or alter the right of Pebble Beach Seaorte, Inc. to designate and select members of each Board of Directors of the Corporation, as provided in Article IX hereof, may be adopted or become effective without the prior written consent of Pebble Beach Resorta, Inc. ARTICLE XV The name and address of the Incorporator is as follows; Frank W. Erwin, 323 flaw Bridge Street, Jacksonville, Onelow County, North Carolina 28540. II WITNESS WHEREOF, I, the undersigned Incorporator have hereunto set my hand and seal, this the �_ day of $gr�3•, here /y of ILA. (SEAL) Franki.�rwin STATE OF NORTH CAROLINA COUNTY OF ONSLOW g �eA— Th1a is to certify that on the _L day of -A9,11, 1982, before me, a Notary Public, personally appeared Frank W. Erwin who I am satisfied is the person named In and who executed the. foregoing Articles of Incorporation and I having first made known to him the contents thereof, he did acknowledge that he signed and delivered the same as his voluntary act and deed for the uses and purposes therein expressed. Witness my hand and notarial seal, this the ,L_ day of KpMl t.N 1982. -gSYI (SEAL) �� NOTARY P BL C Ny commi i If WhiY$ a 3_ _ 19—f— 061 N(a COUH� a; ofle faflynaF,�.:i13�. aH tice _ 6- — day of i r award recorded in Book _�[__y Page Of ice of the Register of Deeds, Carteret County, North Carolina. Sharon Pincer �.. a 'sN.r If Q , ByL pepuly NORTH CAROLINA, Osauv rnvsot •"b Tnv (areYolei tertlaeelepl of Patti P. Brown Hmaq(Inl U/.tl e632 to dt m+'ect 4na menumeol tea praxnad fot rept4nlov and r .o,dta m ma om<. la amn_ 632 501 r.Ae __ 8g A. , tl 23_ - P- This 17. ... ay ea _.gepiemhex... N. JJjj}} i ,it a ➢[IJi,b , on,�Oeeejpvt�-- DY --- - _. sepeln of DeNa I STATE OF NOiUft CAROLINA COUNTY OF CARTERET DECLARATION OF UNIT OWNERSHIP UNDER CHAPTER $7A NORTH CAROLINA GENERAL STATUTES FOR PEBBLE BEACH CONDOMINIUM THIS DECLARATION OF UNIT OWNERSHIP. made this the let day of .tune, 1962, by PEBBLE BEACH RESORTS, INC., a forth Carolina corporation, hereinafter called "Declarant", pursuant to the provisions of Chapter 47A of the North Carolina General Statutes, as amended, sometimes hereinafter referred to as "Unit Ownership Acts and O.B. Hawkins, Jr., Trustee and Cameron -Brown Company which execute this Declaration under the provisions of that deed of trust recorded In Book 473, Page 115, Carteret County Registry: W I T N E S S E T H: i THAT WHMEAS, Declarant is the owner of, or may acquire, � certain real estate located in Carteret County, North Carolina (herein referred to as "Development Area"), said real estate being more fully and particularly described on Exhibit "A" I annexed and attached thereto, made a part hereof and incorporatedi herein by reference as Pally and to the same extent as if said description or descriptions were set forth herein verbatim in words and figures; and 1 WHEREAS. Declarant is constructing on a portion of the Development Area a development consisting of dwelling units and attendant facilities (herein referred to as "Project") and the Project, when completed, will comprise living units (hereinafter referred to as "Duelling Units" or "(snits"); apd WHEREAS, It is the desire of Declarant to submit the Project i property, described and referred to hereinbelow, together with the improvements thereon constructed or to be constructed. to the' provisions of the Unit Ownership Act to provide for the condominium form of. ownership; and WHEREAS, Declarant also desires herein to provide and allow for the submission of Additional Phases to the Project as said Phases are developed and completed, and to provide for equality of rights, privileges and obligations of all condominium unit oanees in all Phases of the Pebble Beach Condominium Project by amending this Deolaratiozi of Unit Ownership as said Phases, if any, are developed and completed; and WHEREAS, Declarant hereby establishes by this Ueclarati64 or • �..:: "Unit Ownership a plan for the individual ownership of the rea2 proporty estates consisting of the Dwelling Units and the § eo- ounevah1p by the individual and separate owners thereof, as ! itenants in oom:mon, of all of the remaining Project real property, which are the Common Areas and Facilities of the Project (hereinafter referred to as "Common Elements"). my. DAWMe rr_XE-13 V �rp -"I NOWT THEREFORE, Declarant hereby declares its intention by filing of thla Declaration, to submit, and does hereby submit, the follo+"ing real property and Improvements thereon (the Project, property) to the provisions or the North Carolina Unit Cr4nership Acts being Chapter A'7A of the North Carolina General Statutes, as a co�a�-Minium project; and further desires to impose upon the said property a general plan of mutually beneficial covenants, conditions and restrictions for the benefit of all of the owners of eondominium units therein: HEINO all of that property described on Exhibit A-1 attached hereto and incorporated herein by reference as 1r ru2ly set forth, and referred to as -Project Area", i Novi, THEREFORC, Declarant does further publish and declare that all of the property described in Exhibit A-1 hereinabove is held and shall be held, conveyed_, hypothecated, encumbered, leased, rented, used, occupied, and improved subject to the rollovang covenants, conditions, restrictions, uses, limitations and obligations, all of which are declared and agreed to be in furtherance of a Olan for the improvement of said property and the division of the same into condominium unite, to be called Pebble Beach Condominium, and shall be deemed to run with the land and shall be a barden and a benefit to Declarant, its successors and assigns and any person aequiring or owning an interest'in the seal property and improvements, their grantees, successors, heirs,.executora, administrators, devisees and assigns.' 1. Definitions - Certain terms in this Declaration, the plats and drawings appended hereto, and the By -Lams recorded herewith, shall be defined as Follows, unless the context clearly indicates a different meaning therefor; (a) "Declarant" shall mean Pebble Beach Resorts, Inc., a North Carolina corporation. (b) "Project" shall mean the total of the real property _.icorpovated herein and described hereinabove in Exhibit A-1, together with all structures and other improvements thereon, together with such other portions of the Development Area as may from time to time be added to and incorporated in the Project Area by amendment of this Declaration. (c) "Association" shall mean the Pebble Beach Homeowners' Association, Inc., as the same is created by this Declaration and the appended By - Law s . (d) "unit" shall mean that enclosed space within each duelling entity or apartment as shown on the engIneer's drawings filed concurrently with this Declaration, and being further defined as lying between the following boundaries. the interior surfaces of its perimeter walls, exclusive of decorative wall coverings; its floor substrate under carpeting, vinyl covering, or other decora- tive floor covering; and the interior surface of its ceiling; said "Unit" shall also include its doors and door frames and glass in doors, solariums, and exterior windows also including the air conditioning compressor located adjacent to unit; but excluding therefrom all of those wires, ducts, pipes, and other utility installations which lie within the enclosed space defined herein but which are for the common use of one or more other units In the Project. (e) "Development Area" shall mean and refer to that property described in "Exhibit All, all or part of which may from time to time be submitted to unit ownership under.the terms of this Declaration. (f) "Plans" shall mean the plans ar_d specifications of the Registered Professional Engineer which are incorporated herein by reference and which are recorded with this Declaration as Exhibit "B". 2. Legal Description of Proposed future Phases of Protect: .:s# - Declarant, for itself, its successors and assigns, reserves the right herein, but shall not be obligated, to submit additional prope^ty in one (1) or more separate phases to the provisions of the unit Ownership Act and to the provisions of this D claration of Unit Ownership on or before the expiration 2 �. of seven (7) years from and after the date this Declaration is riled for.record, by .filing Amendments to this Declaration in the Register.ot Deeds Office of Carteret County, North Carolina as provided"in Paragraph 26 and 27 of this Declaration of Unit Ownership. The property, or a portion -thereof, which may be made subject to this Declaration and the Unit Ownership Act by such an Amendment or Amendments is described on Schedule "A" hereof. The additions, if any, to Pebble Beach Condominiums shall be made on a portion or portions of said property to be selected by .Declarant, if, being understood that any or all of said property not utilized by Declarant for the purpose of construction of additional condominium units for addition to Pebble Beach Condominiums, as provided in this Declaration, may be, from time to time, otherwise developed by Declarant, its successors and asaigns, for residential purposes, either condominium Fee simple attached housing for sale, apartments for rent or single family detached housing, and/or for such other development as Declarant may in its sole discretion determine, subject to applicable goverament�,I- regulation and control, if any. The total number of additional Dwelling Units which Declarant may submit to this Decldration pursuant to the provisions of this paragraph shall not exceed two hundred four (204) condominium and nd the same shall be built and added to the Project Area on a density basis of not more than ten-(10;- dwelling units per acre based on aggregate Project acreage. The total number of units in all Phases shall not exceed 228 units. The right herein reserved to submit such additional property shall permit the addition by Declarant of any number of additional dwelling units up to and including 204 such additional units; however, the submission of one or more additional dwelling units as herein provided shall not obligate Declarant to submit further additional units to the provisions of the Unit Ownership Act or to the provisions of this Declaration. PROVIDED, FURTHER, that Declarant may cause other development to occur on the property described on Exhibit "A" hereof, from time to time, irrespective of whether or not it has developed, or plans to develop, any of the 204 additional units on said property. At such time, and from time to time, as any additional Phase is subjected to this Declaration the Project 4 rea will consist of the property described hereinabove, such property as may have been previously added thereto by amendment as provided in Paragraphs 26 and 27 hereof, together with such additional property as may then be added by amendment to this Declaration as provided in Paragraphs 26 and 27 hereof. 2. Description of Buildings, Units and Unit Desixnations: (a) The Project consists initially of one building, which contains 24 condominium units. (b) Plana and specifications showing construction material and methods for Pebble Beach Condominuims, as certified by the licensed professional engineer, are recorded in the Office or the Register of Deeds of Carteret County as Exhibit B, together with this Declaration, and the same are incorporated herein by reference. In general terms, the buildings are or are to be Constructed as follows: (1) Foundations: on timber pilings. (2) Ground level to first living floor: open, on pilings. (3) From first floor level up: good frame with built—up wooden trusses. 'booL ub 'a,3�� i- „5.. ��wrMiZ ukdti � €t oiinl iiaad "�yfia$ vfiirFy fl�.y.. 1 nlitu s`4ea. willa 'g p8rietirag +.itA 'ca13� be P orlpplce� Li�h'.'ao,�eiru�tiori px1ovidiig `in Air nQark 'nnd aL ecaiid srtehi-mAtion _'j,:.. :..' ti{,. ',5r� •.q;. : 4 ,t:rLj-- _t{;•`„ ice. a 11�',�`��y r664 iaY1` 2 �e -h £ � v4s�a1-bid Nth -'Oa Detiru~ k' ana -V . $ $ ] Q dIVidai1 '3in 'ti' 1j"tioni, n'part e! by reralla , 4a rwgiilud,►sy. t3:e '3lor. th ]!ld; Cis'3' ..' �g�xs ceda�aidiriffi; Ciealti9 $re of = rat;;?oafatant treated ldinbe# r and 'roofs. are. plywood surface with �-�r { _ _ COp�oultioii :-'!" :. - "Y i, 'J "A '1 df ' . -, _ -� 5• ii• R=' - s 31 Unit aeeirattone s �e laeatiora; designaitien, ana arrangement of individual- " F fl mice is s `e�opri on the plane refearenced above. The alpha Mdentification,, unit numbers, and brief w scpiptY�.�f euxits_ are more fully set out in Exhibit -tl- Which ateiY".in full, by reference herein. aocrimtion of 'Comecon Areas: 3 (h)`!:''General Common Area: The general common area of :Pebble Beach Condominium shall consist of all land stherein together, with all improvements thereon and i' easements or other rights appurtenant thereto ex- cept those areas contained within units as defined -In Paragraph 1.(d) above and excepting those Y limited common areas as defined in sub -paragraph (b) below. gib) Limited Common Area: Certain portions of the common { Area and Facilities are reserved for the use of a particular Condominium Unit or Units to the exclusion of other Units and are designated as "Limited Common Areas and Facilities" and the Condominium Unit or Units to which they are reserved are as follows: 1. The patios, porches, balconies and decks which are adjacent to respective Condominlum Units and Interior access to which can be had only through a a, Unit are Limited Common Areas and Facilities, and .rase of such areas shall be limited to the Unit owner `'Or occupant Whose Unit affords interior access to J iaaacia'Patio, porch, balconies or decks. „Phe steps and stoups which are a part of each iie-Limited Common Areas and Facilities and - ks asrved for the rise of the Owners of Units 1n Mve buildings, their families, g•; esta ;:F,..:•.There are storage closets, or compartments lo- _ to the rear of each building. These closets cbmpdiltments are Limited Common Areas ana Facili-- ;. z: °.• - xF-=.`':k'`"�"yf ea End their use is limited to the respective a_ s P _ owners of the Condominium Unit with which t' eac cleiset, 'oe `compartment 38 associated. Each OP'Compartment. is designated as the Unit uahich 2t is associated. : �s dated. TherB. are. attic spaces and air handlers located y+y;-+s h4rdi.# . Over. some units Of each building. These �3yiaim° handlers located therein are o spaces Arid �ter! dozimmoh -Areas and Pacilities and their use 3ixtted- to• the- r+espectioe Owne7 or Owners of the r --• c "• r y;;.4 : itor domirium Unit with which each attic space and ,handler are x:- associated. , F f � ��Y L� �ffiS Bffif�YltB i -]i- � ` 'lhzare` 'Bib exist, wlil respect to the ea81v9diai ilnitsa :'certain. easenx�ts. descrlbe.1 ae�ents shall rua pith the land axid .sh413 ti bg ®�_.Vnt_ owners and the Associaitiai auao+o ASefgnff �- ` un'Jt'own¢g Efhf.I t► V0 W 4Fl0r OWl'ilru' 9,i3o all othrjo �W f�.z��-i-��.4 ��'■.ilk!`oQ,'iy:ti]��y",1S8h7eg#:��� t.+�#lity-:1�lrxss ' oaYl4'.telavi '1 - - j 1 Ion, r�lif'ch. finding, as the : and t hetr hei4. LP rs, ent in ; Woll., ' to toy iq public .5_ �" a rsd:o:e¢:oa$oQ'aa�Ees _oicateA.3n : Unit p111111 be' UbJ'hA ­ W an ' eaa t ri ` a'vor 'of t oe�ern hf.,gll atnert units tiof,ta+e'°tie"pipers, duets '' cables, °�3re�s; cflmauitB� .puDlSc:utility +,', f r .,-..13 itsp nBh�4 tx18Yi�f olliWl�'�B�`-811d'iOttlBt' Somon { ,41s-• �.l3tie� 'sctving''.isitciothec.:.unit-aind-ioaatedin , . ?+ a uch unit,'h:: $qa ,pf Aireotiri ;shall have the = ri n of -: acoeflo Co'`,one unit ta`'3ns ict `the;' 'iaame, o remove _violations therePro_ sa'arid to maintain, impala os,`:replace. the eoimuur _f8dilities contained hnref.n or elsewhere an the 4ailding;.at reasonable .times and upon reasonable notice -to the unit owners. M The goavd of Directors may hereafter grant ease- ravnts Por utility purposes for the benefit of the property, including but not limited to the right to install, lay, maintain, repair and replace water lines, pipes, sewer lines, gas mains, telephone sires and equipment and electrical conduits, and cable television wires over, under, along and on any portion of the common areas; and each unit owner hereby grants the Hoard of Directors an irrevocable power of attorney to execute, acknowledge and re- cord for and in the name of each unit owner such Instruments as may be necessary to effectuate the foregoing. (0) Xn the event any portion of the common elements encroaches upon any unit or any unit encroaches upon the common elements of another unit as a result of the construction, reconstruction, repair, shifting, settlement or movement of any portion of the improvements, a valid easement for the encroachment and for the maintance of the same shall exist so long as the encroachment exists. (d) Each unit owner shall have an easement, as required, on and over the common area of the project for ingress and egress from his unit, which easement may not be impaired by the Association or any unit owner, excepting only such temporary interruption as may be caused by required repairs to drives, stairs, walkways or decks, (e) The Declarant reserves unto itself and assigns an easement on and over the common area for construction of the Phases of this project, 4a la -,/y 5 . 403 a - '• :x fCr�icEi3'` iitere�it",3 ;ELc coLanon areas of Pebble easel o o Ciit ).clx`u- attribitabrip. to each individual unit .e I',16- bsbb "'ai:. he" X*lstive #sir. maricet; value o the ' units, ti�i" s�'.aut i.ri.;Fohadu2e uC", attached hereto °and 9 ri�oi por a cg .hercwin by r vefe�nce. , [Note," ::ox,ever;' that said'.. ao op yea pet•tsa�nt9ges' are eiab jeat.•:to ii-tiffteilt a8 more a5aliy pride ih gas agi•a�pha 2E�-`.hli¢ 2� nt this. Declaratidn. 1 ate 8y Eiger d Re ti`- s T4erion: 1 � SF'!�µ" ' c� •s. ch'.'w�# atti�lt be used for sinfle-ramily resider— ' ir. alp purnbaeC valyo • with the exception' -tti"e $iars.nc �r, its agents shall have the right to , r�ainteist a Gales office or model .unit in one or Pe. unite or its choice for the sole purpose of the r4ma_tning emits In -the project, -said lgmirlaLing upon "the sale of, the last unit by advertising:signs, (including "For Sale" or "For billboards, unsightly objects, or tr4issti es: sire]7 be erected, Aced or permitted to vn.the; property; but provided, however, this ` roregoing restriction shall not apply to the activities of the Declarant or its agents during the pei-lod of the initial sale of the units. (a) No business activities of any kind whatsoever shall be oandacted in any building or on any portion of the property, ulth the exception of the activities or the Declarant as described in Paragraph 8.(a) above. (d) no animals. livestock or poultry of any kind shall be raised, bred or kept on any part of the property, except that dogs, cats or other usual household pets may be kept by the respective owners only, in their respective unite, provided 4hat they are not kept, bred or maintained for any commercial purposes and do not endanger the health of or, In the sole discretion of the Board of Directors of Pebble Beach Homeowners' Association, Inc., unreasonably disturb the owner of any unit or any resident thereof, and provided, f-srther, that such pets shall not be allowed in the general common area of the condomin— ium project unless on a leash or carried by the owner thereof. (e) The exterior or the units, ix'icluding trim and hard -- ware, doors, unit number signs, and related exterior features, shall riot be altered or decorated by the individual owners in any manner without the prior written consent of the Board) of Directors of the Pebble Beach Home,)wners° As€Loalatton, Inc., and no radio or televisic•� aerials or, other projections may be installed or attached to the exterior of any unit without such prior written consent. No interior alterations to load —bearing walls or members or to any part of the structure which carries common utilities services shall be allowed without the submittal and approval of complete plans of such proposed alterations. I lJ-Jf(d+ Y 3,� x, 170xiouB or oPfenalve sativitie�s.'eTiall be, harried x� 4 ' ►�i� Jr nr upon arty unit or; 1n the .common areas,° nor. 11 anything '3�e done the�eirf tending to souse' floc ragament, iiiRcomfart, ; annoya3f or nuieanee c� atl�!�r unit owners, or to endanger their pe son r ^Jg W JVL 4 �: ietiaae, rubts"1812, U'ash or srasta (Pf uny $ort shad the thrown into the waters adjoining the:aondominlu • .ap ,loot no on the`beaeh strand.3 - bo t7 a . responsibility or each unit .der "#he Board at Directors, or .i'eb�le Heath Hogg .., iara° Aasociation; ;]Cnc:;L0 p"ventY flies dew op ' tonn¢ or any unclean, enieightly of . iiakempt conditions ot.the common area, including the t1da1 margLn aY _ •:^ _ '� •"� ,'-'-�-,' 'thte -beach strand.-'"`.- (1) :No temporary structures or''any kind shall be - '; ... permitted on the property at any tithe, excepting ®vsah $fractures as may be required by'the. Geniiral Contractor while the Project or part thereof is under construction. (,)F Travel trailers, tent campers, motor homes boat trailers or other like vehicles are permitted only In areas which the Association shall designate for the parking of boat trailers. (k) All draperies or other window dressings in unit, shall be white or off --white 1n color, or in lieu 1 thereof, shall have white lining. (1) No open fires, including outdoor cooking activities, shall be permitted anywhere on the condominium property except in such areas as may be designated }e for such purposes, from time to tune, by the Hoard of Directors of the Association. j} (m) Ownershlp or sale of "timeshare(s)" or "interval ownership" in any unit(s) herein shall not be permitted. All restrictions and affirmative obligations set forth in .this Declaration shall run with the land and shall be binding on all parties and persons claiming under them for a period of 20 years from the date of recordation of this Declaration, after which time said restrictions and obligations will be :automatically extended Tor successive periods of io years, unleQs an instrument signed by two-thirds (2/3) of the then owners of _"`nmnita affected by such restrictions and -obligations has been �'ecnrdedt agreeing to .change such restrictions and obligations in . -fit 'iES' ��rF•,���'��i+Qj�'.�4 ,. - '..-'- -. Y 3 n"tie 'evert. t cat' a violation or breach of any of these ° a�estrietions;'ar of any other covenants of this Declaration, ew "arfirmative -obligations therein, by any property owner, ,or, agent tlidre6t, the owners of other units or any of them, ®intly or z6verally-and/or the Pebble Beach homeowners' .'Associatien,'ine., shall have the right to proceed at law or 1r, rTeq to ,complete compliance with the terms hereof or to prevent F, �e ir3 ol,s�i one car breach in any event. AA 7 lei i.Q:._ �" 9 '►t^Cccpfrriie8 i :f�paloi'hp tf. off°ita enforgemente .8i 1. atr aI::;,t t. rye ]. gat ons _ aRer�,o?i,,{t" ir Fri :ir+rd`'tt�=.laeiei"�.'tk�a�r� "ay°i�`y .: r11Li4ri 1@Lt w r -JI.`M7t' 7+394�a `T' � � � ..•h1r�+3� thA.- 01Y`:,a1T8j�i NYV�j12YgOB ' O!!'7�RF'.='tt#4Rfitt�ivg�;P S'J&rl'.,$=":i-, +: k ';� ,3C+-. ifl�j �P.lil7u6Bae� 91''.the #�+ s. sueb ' +ifi�;".tea +a too °Q ` opt9e 8t[ s.`eeC pt'ad' and °�stiP a 9c alpar�t said ,id .rot: ,#fit: fro bs. cn►re�:�*ite ;�4� px`o�ri,.�lone shall .r:r bIId =',y. PeC'L h8 Vli'. at l� Ali=sill$ i4ith'a .Blld� 6 ariS+'t1me any Interest or':estate }C.iil n4oh u4aEL;s$ tba aur__h' PI'DVistans lieki-e made a"p3art' ti#': each VO-. ' evRi*y @d Wit. CQPV#YaA10$ or ?}$.flew I& RuAes alidl a$.Board of Direotora of Pub`ale Beach Hameo►rnera' Association, Inc. shall have the authority to implement and �> interpret the'f6rego1n9 restrictionu",,and the enactmentaffirmative obligations w byof reasonable rules -'and 'a^egulatinns Which shall` be published and bade available to all unit oarners and their. tenants and guests,. -and the said Board af'Directore shall have the authority to enforce -.such reasonable rules and regulations by denial of the use or the common area and its facilities to such violators until the same shall cease. and may further -levy fines for serious infractions in an amount not to exceed Twenty Hive and no/100 Dollars,($25w00) per each offense; and provided further than written alleged violators shall have at least ten (10) hearddays by.the Boardeand shall of Directorseinftheded n event theortunitto alleged violator desires to centest the application of these sanctions. 10. Management: Management of the affairs of Pebble Beach Condominulm shall be the right and responsibility of the association of unit otrr.�rs known as Pebble Beach Homeowners' Association, Inc., hereinafter referred to as the "Association,"; and sapid management duties shall be carried out in accordance with the terms and conditions of this Declaration and the terms and conditions set forth in the By -haws of Pebble Beach Homeounerst Association, Into., a copy of of which is attached herto and made a part hereof; Provided, however, that the Association shall not be organized to take over the management rights and responsibilities until 1.20 days after such time as a 'total of three -fourths (3/4) of the inns in Phase I shall have been sold by the Declarant and conveyed to the Purchasers thereof, but in any event no longer than five (5) years from the filing of this Declaration for record. Until such time, the Declarant shall have the entire right and responsibility of managing the Project. 1tt&,1C�� b�� % 0' g� ��ix.>sp'3j%6c,, e- `f -'7 r w ar •. _ thofi additional "propty s s+IburYtted to' the terms - �A 4f9 Ana -n -=fA1 n--1'tn.aheriabi.Ofi • .ln i.[i PtIB.SE or - - 4. A, rr 1�tr#alivasiia nrG±�t�anpans t,iaities or -ar' F�dti3tianti Phase -or Pfrtatis_ uiiless;`and anti] 720 `'�dq�B,,:,Gf� a�c��aa au n �.�Cal oP,_tbreertaurths:.'{3f�6) of the -hate baen said -.by the Aecla.rant and conveyed t.r rtue pirJa��erL eiacwi'. j�yd to be paid by 'Vdreliesera in' any any. +et'.'iq n9 a@"by''th6-' looctiatxoA:. shall bo' pal. to':the T UEi38�8ri14 and tYie,woting`ri�ri�to .�sC,,^�ci�ng to tg By=Tsaaaa z` �igiaaoa_iat d.iiitli"iiic UhiC� �r}i l�. be. exercised b" the Declarant > u i ' IPQ +'af ei�.; t nos-arcurti�is f3l tiP theyiinits it all r , ,un 4 ) =p oiea uha�Y,',have heea ,eoid altd conveyed; but in._any event no ±. ou[tgk:C':):..yeaE4 .rLroi6 Vhe' riling of tiii$ .Declaration, �tl-atcb'_i}Se:Fvclarcagt shams account to tie Association for ppuGkA.;a soadmarY; s ar1d. 9lpuxi pay to thei Assoclation all i4i3oien s fit'. such, tithe '. all osiers"oP units in r; `�a1rrcYa all -OP � voting �rlghts:>or :members or the 1��} r{ btivatari Srg f�Yo. A�r4ve. 'm-iLnugement rights,, ..!L"'-V p0an lriA.e4 prsd aontro3 shall be undertaker. by the Asoosirflon .0 r6-11''Phasea no 'later than five (5) years from .he t rS ,fie ' of tt)-4C2 c4€'43'.ng 'of the conveyance of the first unit to V-3 o 814 J}Pc3$rant is the owner of at least one (i) CondomIniuu Unit, but in any event, no longer than seven (7) ,.r�tter 'the, filing or the Declaration for record, Declarant sha11 Yub�e'ihe right to designate and select one (1) of the -%Per'sons *hit 'shall serve as a member of the Board of Director:$ of :..::_:the Association. - ..•::.. In the -ever. of -dissolution of Declarant at a time when �it is the Owner or a Condominium Unit, then the rights of Declarant shall pass to and may be exercised by its successors receiving ownership of any such Condominium Unit in dissolution. tip.• Whenever Declarant shall be entitled to designate and select any person to serve on any Board of Directors or the Association, the manner in which such person shall be designated shall be as provided in the Articles of incorporation and/or Sy -Laws of the Associalon, and Declarant shall have the right to remove any person selected by it to act and serve on said Board of Directors and to replace such person with another person to act and serve in the place of any Director so removed for the remainder of the unexpired term of any Director so removed. Any Director designated and selected by Declarant need not be a resident in the Condominium. Any representative of Declarant serving on the Board of Directors of Association, shall not be required to disqualify himself from any vote upon management contract or other contract, or lease between Declarant and the Association where said Declarant may have a pecuniary or other interest Similarly, Declarant as a member of the Association, 3` shall not be required to disqualify itself In any vote which may come before the membership of the Association upon any management contract or other contract or lease between Declarant and Associaation, where the said Declarant may have a pecuniary or other interest. ll. Assessments: Y.Each owner of any unit, by acceptance -of',the' deed .: thereto, whether or not it shall be so expressed In such,deed,_is deemed to, "and does thereby, covenant and agree ga monthly --asseasments in a pro rats, share equivalent to--7such:unit�a awmrship interest in the common. area (said'6jiuer8hip: -being derined in Paragraph 7 above) for'the common -expenses of the upkeep, maintenance and Improvement of the'comman area and Porgy expreasly designated services provided to al? unit owners in the co dominium project. x la _ 3- 5.�".:.r `t'�.b.,. `8q yfy{ ♦ +'_'1 . }r, S _t- r ."__.: .'."i_. .. M. =�;��y;: �;r ,7;:�.':'h':,ti��uoo#.a �',. •`Fi .�� � +�wrstr�rk+�.�txr�,l .. ,5�oriti the. �,, EL M21 a r6fir ro rat me ;J q;k4"�iQt}r@B 49 ` .l��` �Ol_l hq dkia and, �� able -, _ L .9' _ f 7 Ora . r' ,3:Qri by§et va Trait f'rora +'he lJel, In additJO �- -`Have �uore�d. r���tlir`otapn � � ��,•-,..` �:'= �'' _t s5sli= as,u+cw to ' be oalXeistj : Hopi `' Gk1L1 Rkh r:C4"'t OYZt 7 � _-,4 tLDsoglieoaC pjjjentd i3 'tie 'diie and]. yab e ' ';= �," �raerea*ter, Bclarant-.st-ill Use sOtr� air t;r .tYic ` xike�p`"[9r3is#.gEeirarice or the domirrOn area, pe ion"' ar s'i *OI�On�;bCiiioit¢re�7Lvtae�7� to be Ppovidecl63►rt?=e A43*isl%tL2ouhao r _ Ur+einafter in" Paragraph 120' and 'Tar: the: procurement of s O l a kbiVa br(sard, flood and, liability Inaba trtrCe cove ring' the I Unit o 8rid Colo m axes, At the'time 'br closing":b tdio',:enitial" - u�,t by the Deelasaritb the pit2'CharsBr niuill also ' "Pay, '=tase• DSb1"bLkt; a pro hits a" 'repreaeriting firs balance of the prikdjlaia �OrANIZuranee which have been pre -paid, by the Fµ ahnll pay an amount equal to the .remainder of one' Promium is fire Declarant for the Association as" a :��°e—Pa9munt:,fir the next annual premiums During suoh intecvai, ..: :. ae, eAsriint is all euiaple�rent Sal assessment by`guch amount as a' `'- auirec� to met such ex eases and w :. p provide such services sit , �re':'t equfi 4�d under the provimions or this ; paragraph _and 4 ,. ... ? °affira ,Z2e tse3oum but shsl:t not be fiirther." obligated to pay sesdments #'or unsold units except as set out -below:` The ' <'- clarant shall then surrender all remaining unexperided funds so llected by it to the Association and shall make a Pull � accounting to tlap Association ter all sums spent from the amounts ;collected -by' him and shall transfer to the ownership of the 'Association all insurance policies then in effect on the R oopcl�mInIum units and common area. The Directors of the ' ABsoaiatiM"Shall their establish an annual budget and may adjust -�4ittie_assessment as required to meet such budgeted expenses. The :r• o!grip V.:0P. each unit, including the Declarant as to units on which Cer'tL'1ddt6' aP Completion has been -issued but which are unsold, ! ' shall;tiaereafter make all future payments directly to the ''A aoOl' ion for all common expenses in the montnly amounts set = A4t." vO "r 9,9 adJusted by 'the Directors. The Declarant shall « ,`v?ter..o pay its pro" rate share monthly payment upon _.lidaurugbe.'ti Dartifioate oP 'Completion at; the rate, however, of On. Ourrent assessment; and thereafter so long as the Zat.:ta exceed 60 days after the recording of '42e fie et �ir�itir� th&t PirBse,; 'at 'trileYt Lime all m" a : etioll tie paid 'at the full then current assessment. .Prl a of er3 Assessments: - n "-, - Y '` : ":,,•'ueest�?neot s paid to the Association shall be uaed m '�+ xY;= p-� om6te".. the' redreation '` hea3 tli; safety and welfare 4 � 4 , of 1Qebbae Beach �Condidniiriwna arid, in particular, i t'`,a- +;gS�lOitioir; ilpi^ovesaent and maintenance oP e g ati rx litiea :il voted to" Y,his ` properties, purpose and relating to '. M M_ drxat;te► ce, of the tiuildirirs• and units (excluding aterlo"r, .doors and" light fixtures ^." airh7n ;for-the."use andarea arirtA:'aCill.ties `" includin" b ' l , d tG*rs l}g; Cast tar liquid ,waste dis osal arti e' ut not z r ' _ �e� d�� �t rl F S A& cs#in;lgOttSrit.y for ttie eommbrr area and facilities {iE'sF#d:s1!re Vdsl.on, the payment of taxes assessed against a.-,.. . n' nt` r = dUd facilities; the-proeureinent and maintennce R diagard: insurance `coverage' on. ti a common area; , Grneya_?;aacauntanta., and-proressior_al .•. , '_ =rhri dePmsd :rieessary :or'.advisable by the o i8 :,da,. filch air rae_jsy. : !ts .. nratr se _..__. 'r`rr':LLt , t � __.�__�" .I;F, ,rc .r3$:���y:• ;�'" r;3,- fJ iv Yi s e '���i'•!••u I- iT' � -5555�����''''x �.4�F:�: = .5 y � ' � 154{.' i � 21 _�.•', _ .. .. '. , . �f:. 5j � ^.4�k�i�i } �pC *., � • �:pr _,�� � � �'�f',j■yy■f._Rt�,jl,�, = roses, �.� � ,� 'x��• ..�,. ���� � $ � '��, . "s�=-;., . Y! f vP1.15 ':: or.2 ` ho -i#"' �r'?fti'�# �' f r1iiCCprisesi. ' ;wlt�C�.f� ;'trdtfrlIiT`'{' y!ei�a''nt t.jxe a. Ak NE[!z ..li. ..i 'to=lha'.arep$lzr3 ar><tty`f't ea' per � VFi''J@¢fr'0el verb-, it. .8 i?acisrsen ,_ �Ja f+8us� ._lies:.aoal o ted f[4rR fie':.iiR t 'time ..an ;mount 'eflua-.maM Yrn� :-49a+�aamant Per Qa�lrl Vr-;:.:;T�x}a asa�unt shy �-'e �"co1�.rated'arid-idal:rtainV4 vil s09rethted'no;ount the'Jlqa#tiaiatioas wise. At alSaaa3i�E:s1 ��wdnagement, > '• F. for he e®1� purpone anti uaa as 'a'1 w4#king sxapli�I.' Monthly-adesment may he. Mado In acaordenee wi t'h laaroeeduA�s oratlined Li LiarFagraphs .lX, 1 .:'arid- 1.3 ahova.ralrtiti:.bM�ters. Declarant.' shall iraot be' 8�gdAr1ad - to ooritt`ibate 'sail! +r111+1a! 'tiro (2D montbee a4oupat'O-n aro.. unaold unit, 'but s)all"pay. an.V ruonthly assessment made fair Capitil Improvements as outl±red in paragraph 11 above =Ara kdditiosi to the apaeaamonts specifled ai,,ove. the lAas,3040U i.c-a may Levy, in a"s .calend&r year, -a, special assessment ror the purpose or defra.7isig Arn wtroza or in part;<,.. the Coat" of Any construction, reconstruction', reyaiv or'replao4ment of capital improvements upon the common area, Including fixtures and Personal property related theeeto; provided that, if any such expenditures shall exceed the sum of $100.00 per unit In any one year, such assessment shall have the asaant therefor voted by taco "''girds (2/3) or the members of the Association, in person or by oRy in a regular annual meeting or in a meeting duly called for this purpose. 15. Date of' Commencement cf Association Assessments: 4' Assessments levied by the Association on the owners of Individual units shall commence as soon as practicable, but in any event within thirty (3©_), days, after the: formation of the y Association and the taking over of the suanagement of the condominulm develo�ment Prom the Declarant and the preparation of the first annual projected budget. Assesssierit8 prior to such time ab all.be paid to the Declarant. 16. Creation 'of Lien and Personal^ 0b1JLgat oris of !Assessments: The assessments called for heretnabove, together with Interest and costs of collection, including court costs and reasonable attorneys' Yeesp'"shall be a charge on the land and shall be na contlnuing lien upon the property against which each such assessment is made- .Each such assessment, together uIth t interests coots And reasonable atttorneys° fees, shall also be the personal obl•i$ation "oP-.the person who sias the owner of such t�; t the .tlao.,_when .the ;assessment ell -due. Personal obligatlan for Ce�3YC ------ � �eemeip.t.' shall'nat pass to his auoceasors .iri tit!® .unless. ;eiipre$slY assuatmed' by.: them. ``f= _: . '' ' =' I W L V arty, 30 I�Y, --f tar . . . - date -at: thi. Ar 1, a.>tod'. t '1 7 ? R s b4i�r'- 6ri.410ROW %� I f. Pit", uclt I 1w,:J%4da Vp 0 , RMO 11 r -_ . ... . I '­-PJ.4PP 1h `4­ . V�M ID di�: h exieln Va oy: -:4,5DA, raiollcit165. Tha .8 IL L.d 61 On-gr 0 power",. 16 it'-. -XL MIS T1R.t 01 exceed rive OL .TO 4mem-mem, a .any ov"i6r'whose "T"­'t,- .............. -Wen'to'No V M -3 A VAy sled,fO here, in 'haia be adboid Inate'to of bed of trust art. TV. or deeds eat the -mav"Sho. -not, -the section- However, a -preceding :un—'It which is subject to any mortgage the - ha 9.Or u.roreelosure thereof shall &'A - ®xtixag or - 4. a - -. rle u n of as to the payment thereof 1�ihjeh. heauili* '.d . an P6 gals or transfer, but shall not jfiiu�sji6 tilibilIrty 6f the owner'Tat. the time the - eV6 such "aeasmeat rell. due. MO 6 . 10h eal6 or transfer shall relieve Witt -rrow, -12ablitt-,T;,ior airy axpaeasments thereafter becoming due or,. r the lijin:,th6paor,:a to the lien oJ but the liens provided for shall continue: -to be jik�61�d%r$tr any mortgage, � a6rtgagez�* deed'o.;.!.'t-upt,.or deeds of trust. 18.:-Exterior Maintenance: In addition to maintenance upon the common area and raollitles. the Association shall provide exterior maintenance upon each unit which is subject to assessment h9reunder as follows:, paint, repair, replacement and care of roofs, decks, gutters, downspouts, chimneys, shutters, exterior building surfaces, trees, ah)vubs, columns, railings, walks, and other exterior improvements. Such exterior maintenance of individual units shall not include glass surfaces, exterior doors, lighting controlled from within a unit. In order to enable the Association to accomplish the rore&olng, there is hereby reserved to the Association, as well as Declarant until such time as the Association takes over such duties and responsibilities, the right 'to unobstructed access over and upon each unit at all reasonable times to perform maintenance and repair as provided. herelfi.- In the.event .,thlxt the need for maintenance. repair or I common area dri 1'i; "Otbev "Ai1fd't 'caused replacement in the a a through the willful.or negligent act of the owner or Owners Of a unit or units, or the family, guests, tenants or Invitees thereof, ereof, or results from causes excluded from coverage In North Carolina Standard Fire and Extended Coverage Insurance policies or other.cove I rage I which may be provIded.Oy the Association, the that amunt fulling under, deductible limits'. `be added' to and. - become a part of the assessment to which the . v . nit ar'..uats 'or-! such Ovner_or corners is subject. :LA ii 001_ *M JL I WE 3x" Z _q - ­ r tirN - �r��A ',11�SL1 and Reconif, Otitis _ - Br - , L�., S _�- 'tvkx�, F'' �oiloraing qb3°a$l's1ks'i .,.�;'r li{1C.i a1 CV 81f`+$i?1 dna,41Ch + ,re lacemerit' Taoat`, e�edo 'annual 're YAPiPaK4e-t?�iixt'•;''.._t . �4'7 ti . decluCtion or ialloriarice for- depre6Tat1 "b k, . `�., ,' _- ° .., x ;`r- deteradned annuall � �e s Y the; dos. _ of''`Directorn of -tbe. unit 'axnera Asso6i�tion-_+ai . uaciatsnce of the insurance comp$nq'affording5j , +• _' , ... , - , .r.. _:' .such coverage). such Coverage to, eefPord protection against at least'the'follaa�ing: a. loss or damage` by fire `or�. other- hazards covered by the standard extended 'Coverage en-' dorsement together with for coverage common expenses with respect to co[tdgminium units during any period of repair_or reconstruction, 'as and - M such other risks - from 'time to time customarily shall be covered with respect to buildings to similar the buildings in Construction, location and use, including, '- =F.;�°=''` but not limited to vandalism malicious mis- chief, windstorm and water and flood (if .z :;."`}�:• a�;`ta„i --: - available) damage, subject to such deductible amounts, not .in excess of One Thousand Dollars x .: - -• '"-,-,,, j . ($1,000.00)3 as the Hoard shall determine. All Casualty Insurance Policies shall be pur- chased by the unit owner's Association for the benefit of the unit owner's Association, the Declarant, the unit owners and their respective mortgagees, as their interests may appear and shall provide (1) for the issuance of certificates of insurance with mortgagee endorsements to the holders -,of mortgages on the units, if any, and (2) that the insurer, waives Its rights of subrogation against unit t owners, occupants and the unit owner'a ' Association. All Casualty Insurance Policies shall provide that all proceeds payable as a ` `,� �x{ -result of casualty losses shall be paid to the Hoard of Directors as trustee for each or the Quit Owners in the, percentages established =`Y in this Declaration of Unit Ounership for the purposes elsewhere stated herein and for the benefit of the Declarantz the unit owner's L ' °` '•` " Association the unit own , era, and their respectiv e mortgagees_ - t The unit owner's Association shall Insure it - the members of the Board of Directors, the units owners and the occupants against liability for personal injury, disease, ill- :X mess or death and for Property occurs injury to or destruction ofng upon, In or about, or :�•:' arising from or relating to the condominium property or., any portion thereof, including, 3- without limitation, cater damage,, legal liability, hired automobile non -owned �.. 2x.,:!'{ automobile and off- remices employee __yn,S;•,�,,;:r,. F coverage, such insurance to afford protection to a limit of not less f:han One Million Dollars -(4111000,000.00) in respect to personal Injury, 5;. j��r+�','n;'-;:'. 'dlaease, illness or death suffered by any one Persoa;!and -to the 11mIt of not less than One illlon Dollars ($1,Ooo,009,00) 1n respect to 4 4: " _ - -,Arty one•. �._ o.ecurence, and _ to,,. the limit of not 4 , 2 : xena than Five Hundred Thousand Dollars 13�3 ons 5,,..,4..�•�t Sa vo was riia . Or,' aqy }'ES47h' of. 47 •�` Re=l,y �-r- w ' '�.YJ~�i1 $m'�llP.�` �'J[L°6$G�Ia.Tt�`�:.�., ._r, 5�:`:':._.�_:i1•�:� #it:rea�``�saBoQ<��i;�p `''- rdeiiti4�b"el' •intt6raat `iii--the o}e on ,5�21:nti-.:' i-Mve_ a- right ot`. ooatrihutton troe the der un t"=uisers '8goilrtj ;to _oir Oiapacid4u 'pence-nuge-a � :Entexent : t'i—the dWmun eleidenta The ur11t oner'is Aesoclatian iehal7l provide ...fidelity insurance coverage to protect against dioho' neat acts on. the part or officers; , dI ectors; volunteers, manager .a and employees' or, ouch Association and all others who -handle,. be.;ai-e responsibl:e for handling funds or the Association. Such fidelity insurance coverage Ghall; at least, meet the following requirements: (a) all ouch fidelity insurance coverage shall name the unit owner's Association as a.n obligee thereunder; and (b) .. shall be written in an amount equal to at least 150% of the estimated annual operating expenses of the Association, including reserves; and (c) shall contain waivers of any defense bond upon the exclusion of persons who serve without compensation from any definition Of "employee" of similar eiekiression. a- (t) Y'remiums upon insurance policies purchased by the unit owner's Associations shall be paid by the Association at least thirty (30) days prior to the expiration date of such policies and shall be assessed as common expenses. (5) All insurance policies shall be written with a company or companies licensed to do business In the State of North Carolina and holding a rating of "A¢AAAAA" or better in beat's Insurance 0uide. (6) Exclusive authority to negotiate losses under said policies shall be vested in the Hoard of Directors of the Association, or its authortxed representativc. (7) In no event shall the Insurance coverage be obtained and maintained pursuant to the requirements hereof be brought into contribution with insurance purchased by the Of the condominium units or their mortgagees:,1-as herein permitted, and any "no other insurance" or similar clause in any Policy obtained by the Association pursuant to the requirements hereof shall exclude such policies from consideration. 14 Ff _All pnliciee ahall provide that such policies :not be cancelled or substantially modified 9tholi� at'!_ha thirty i30) days written =Y v. ,, oti ae r.0_g3 isd afl:;Lnrureds,naimed thereon afld e? inortSsPees of ...".the .CULldo ni to po ' oleo of casUA ; y Insisranae shall ' piavido— +:tibaft,, no*.vtitrirtManding any provisions :tL't}aei�eahi 4': , give . tiia - carrier ' the right to a eet to. `rbstare' damag,u An lieu of making a cash settlement,'such option shall not be sz s=,aXsral$86XM without the prior written a pp ro-ral .:,ttae;oax� ate. Director's of the Association (or, any 'TwiiraTice Trustee) or when in conflict ,': • :-;-utth :the provisions of this Declaration of :Unit Ownership or the provisions of.North lfrag [snit Ownership Act as the same may be -` ',Sn :foiye from time to time. ,'alp}ll.polIcies of insurance shall contain a aaiver'Of subrogation by the insurer as to any seed all cl.aima against the Association, the oar Of of Directors thereof, the owner or any condominium unit and/or their respective :agents, employees, invitees or mortgagees and ;of any defenses based upon co—J=urance or Invalidity arising from the acts of the `:9raoured. (b) Unit Owners Policies of Insurance. The owner or any condominium unit (Including the holder of any mortgage thereon) may obtain additional insurance, (including -coverage for improvements and betterments to the condominium unit made or acquired at the expense of the owner) at his own expense. Such insurance shall be written by the same carrier as that purchased by the Board of Directors of the Association pursuant to the provisions hereof OR shall provide that it shall be without contribution as against the same. Such insurance policy or Policies shall contain the same waiver of subrogation pra-rlsions as that set forth in Paragraph 19- W1D hereof. The Declarant recommends that each owner of a condominium unit in the 7roject obtain, In addition to the insurance hereinabove provided to be obtained by the unit owner's Association, a Condominium Owners Policy, or equivalent, to insure against loss or damage to personal property used in or 1neldential to the occupancy of the condominium unit, additional living expenses, vandalism or malicious mischief, theft, personal liability and losses to Improvements and betterment: to the condominium unit made'or acquired at the expense of the Owner, and loss assessment coverage. ._, a � •Y:. '�.'J �"'fir" property'� shall e ' rCBpm'�SM1s (h). t 6,=,1l ` xraned by thy." ..ownera ,as "- ' ,, PMP003t eCtBin tan each 4 Cs in ..aoRmon_ .. which" Shall .aPP - . t 'ovi r a*Ball be the percentage or undivided rest" pras14ualy owned by:Brach owner litthe e ,. y mmGri el�ruerit6; or (ayany" liens" 8�fecting fer In & shall be deemed to-.T°rSor�lesrtodthe � '-ea�eilac �p ;.th the :eiistiag p r.'ercaa a et the iaaidivided i.-rests oherein; 1�un34:: otirger, In the property a�; -provided € � 3` e progertg shall Ve.subgect to an FelaElBp:.fir, sal@ roe partition �t the. suit of any # it 4 �.F ,° which event thy:, net proceeds of t er with the net 'pceeds or � 1719t4r`8kl�A_, tC's, jr any, -shall be considered be divided among all of ea me fts Shall. I!1 propOCt10R to t'the common heir + sggcbllre undivided 'ownerahiafff, out of the ;eYe�ments, "after first paying spective shares of unit owners, to the extent 'sufficient for that purpose, all liens on ;he unit of each unit oanera No unit ofshare however, shall receive any Pion oP such proceeds until all liens and nc ceeor one is unit have been paid, trs ,isaran � •`.x°:in the event that the proceeds of insurance are sufficient to repair damage or destruction =_�re_uch or other casualty ,or in,theye�asualty r] SeW.or._ destruction.:iP caused y against, then a abe1e.: �requ ed tti",.be-insured,ag n h p tir .gar R canstr°uotion of ,the damaged tly on elemersts-shalI'-.be accomplished p, o :. y lie ASBoala�iori at "its cgmmon;.expense and the ,�fair„arse ruction ef.:anybeothe Associanit o�ya11 roe=accomplished .proinp'tly . y - '" pat'tYiE.;expense of the_.owner of the affected ..otsi3�la."share of the T'f. K V an jSpy P CM Of lilt- M, M jW1 bb" 4 -.- --' �% --, !jiWd�QkPr&GV- Prpviultp F W1�3pwk A- -b . -. % - .. 'a ... t. h --ffnebl I: 413 eCU 5 *IP Rue '34- The. pmueedo. or, the Caeualty 1bL181irance rererreO Ir k rk Fare -graph . 'and A3,1oc4.mtion :from-dlIe6t1biM of Special sesamPnts against unit oiners on account of such'. cae"Ity. shall 06nstItut6 a construction furi high j3hjjj be ­41 -' sburse to the- i . o a and be iLpp1iid'A)y.,Tth'e Board` of dof. 'Di"eatore to the payment_'of 'the.cort, 'bf ieebiitruction and repai-`&Ifthe dondori¢inium property from time to time as' the work "'progreseez, but not more than once in,any' ,any calendar month. Said Board shall make 'iu,--Piyments upon a certilZicate dated not more .than,. fifteen (15) days prior to such request, signed by a responsible officer or the Association and by an architect in charge of the work who shall be selected by the Association, setting forth (1) that the sum then requested either has, been paid by the Association or is justly due to contractors, subcontractors, materialmen, architects, or other persons who have rendered services or furnished materials In connection with the work, giving a brief description of the services and materials, and that the sum requested does not exceed the value of the services and materials described in the certificate, (2) that except for the amount stated jr. such certificate to be due as h6r�isaid for work subsequently performed, are 15 no outstanding Indebtedness known to the person signing such certificate after due Inquiry which might become the basis of a vendor's, mechanic's, materIalmen's or similar lien arising from such work, and (3) that the .cost as estimated by the person signing such certificate of the work remaining to be done subsequent to the date or such certificate does -'not exceed the amount of the construction fund remaining in the hands of the Board of Dir6ators after the payment of the sum so qu%red. It ,sball be presumed that the first In -PaYULent of such costs of 01VAO-rreeonstruction. and' repair shall be from in — proceeds; `and If' there -le—a-ba-lance in fund after payment of all A A 46-3 Z, tln:.:and Pa. —Ire 10i, :1 Nrtrz F •0i . L 1.6t rtq�lii -- - Vr... I Or insur6 6 OV MM74110 q� 11 on vri'Z D� dfiee] tpa - P t n're'q'uent -to"the 0. in6ria(Mucfi irkUi-6V'tbi atitiq the me and UCIIit 10Z na 0 111 Cir, Ins I* hol 46 and tha­'unit writ , ttAtiCe My piopnued a[mendrAijifr or the cond6iblAium ..1hatt-umonts effedting P. change In (1). the -'Wiindziries of any unit., (2) .' the-tindi.vided intereut in the common elements app ertaining jI zany unit or the liability. for common expenses aPPa�161 ertng­fhereto (3)thij`jjumbe' votes In the owneral Association appertain - Ins to any unit or (4) the purposes to which any unit or the common elements are restricted; 20 Any Proposed termination of the condominium regime; 3. Any condemnation or eminent domain proceeding affecting the condominium regime or any portion thereof; 4. Any significant damage or destruction to the common elements; and 5. Any default under the Declaration or By -Laws uhich gives rise to a cause of action against the owner Of a unit subject to the mortgage of such holder or insurer, where the default has not been cured in sixty (60) days. Inspection of Association Book and Records: The holder and insurer or the first mortgage on a unit shAll be eilvitled, upon request, to: (a) Inspect the books and records Of the owners' Association during normal tuuiness hours and (b) require the preparation of and, if preparation is required, receive an'annual audited financial statement of the owner ,a' Association for the Immediately preceding fiscal exceptYear. that such statement wed not be furnished earlier than ninety (90) d&78 r011Otting the end of such flecal Year. All unit owners have reasonable access. to Inspect the books, records and financial statement of the owners' Association, including annual :audited!. financial statements where such are prepared. 7- UJ is irenLas _iaaen-G, LO ra.x ren La.1 rates, or Lo require Lnau un1LS oe made available for rent. 26e 1ditlone to Condominium Property -Declarant completes future stages or Phases of Pebbd x Resell Condoanihiuris, if any, said stages or phases will become <-.-part of the condominium property by amendment to t.iis Declaratsbn and the`unit o.uners of the Dwelling Units constructed on the ;:future stages will became members of the Association:, to the sam extent as if their units *ere originally one of the units coveed. "by this declaration. Declarant therefore, hereby reserves the right at any time within a period of seven (7) years, commencigp_ on the date of filing this Declaration- for record, that Declarat determines to take the action so contemplated (a) to submit frmi' time to time additional stages or Phases of the Project to the provisions of this Declaration and the'Unit Ownership Act, and " (b) to amend this Declaration, in thQ manner provided in Paragraph 2. hereof, in such respects as Declarant may deem advisable in order to effectuate such submission or submission.5, including, without limiting the generality of the foregoing, thr right to amend this Declaration so as (1) from time to time within said seven (7) year period to include stages or Phases38; the Development Area and the improvements construcil-ed thereon -,a; part of the condominium praper•ty, (2) from time to time to include descriptions of buildings constructed on said stages df the Development Area in this Declaration and to add Drawings thereof to the exhibits filed herewith, and (3) to provide that the owners of Units in the additional. buildings will have an Interest in the common elements of the condominium property and to amend Paragraph 7. hereof, and Schedule "C" therein referrdd to, so as to establish the percentage of interest in the common".: areas as to the owners of all units within the buildings on condominium property at the time or such amendment or amendmena, nhich percentage_ shall be,. with respect,toeach unit,, in: the varla-as percentages to be shown and deseribed �. sai:d Amendmefit� = -' applicable to the particular stages or Phases then subJected:mb this Declaration_, which determination shalt, be made -by Declarat and shall be conclusive and binding upon all unit owners. Declarant expressly agrees, however, that there will not be constructed and added to. the Project under and.pursuant to the-:.,::° provisions of thi.s"Paragraph 26. more 'than a two hundred sixtep.;_ .:; (204) additional Duelling Units which' will all. Phases of two.hundred twenty-eight (228� units:'_�"Ueclarara� r`: LY an its Sri behalf as Darner of all units' In. the: condomini�ini_ r property and on behair of all. sUbaequent [unitowners 'he' reb -� -` - consents and approves, and. each„ ustiitotraer acid his :mortgagee acceptance•• or' a. deed conveying 'such onariei-shin' Interest mortgage encumbering such ownership,_`3lntteerest,, `as'th.Brt,C se maybe;_:' T ;Y an }eya nt,.r udin approves., .ii2to$ithenaenera 9 ty of .the $yi Bs j ` aro o .;the' vadgx±cbo6nt of this J)eclaration of -Declarant in the ? ter }+yi>add 1 this Paragraph 26. arid in Paragraph 27. ;� :�'.;:. ;} 3► ea R ,and,i 'duah unit owners and their respective mortgagees, pax a OuVant, shall execute end deliver "Prof time to yY ,. ' it1b1�fUm#n�i9 ared�perform all. sueh.ae>;a. s`'may Abe. -_ $ tlet to he ngonssarY ox,.; roper :•tcs c eCtaate said F-,w'444its 'to Aeclaratiar : 'unit 'over an+d lain respective .'rt s aez" by eLaara''oti*nnr$hig rr - ' intelreelt or a sort' f . , ga ediiuncber1ng such -ownership "''tntereat, as 'the case maybes hereby i t®7ocably ,.:appoints Declarant his Attorney in Pagt:;. CoiapZed witti' an interest; `acid authorixeaa"''iiirectB a+mpiuweirs such Attorney,, " at the options 6P tTie `� Attorney; in the event tbbat Declarant exercises the Y r'> rights reserved in Paragraph 26.' `hereof to - add to the 'condominium property gas provided in Paragraph" 26. hereof, to execute, acknowledge and record for and in the name oP'such unit owner and any'such mortgagee an amendment to amendments of this Oeolaration for such purpose and for and in the PAme of such respective mortgagees, a consent and joinder to ouch amendment or amendments. (b) This Declaration may be amended upon the filing for s record with the Register of Deeds of Carteret County. North Carolina of an instrument in writing setting forth -specifically the item or items to be amended and any new matter to be added, which Instrument shall have been duly executed by unit owners having not less than seventy—five { _ - percent � (75%) interest in the commons elements, or in the case of an amendment for the purpose of adding to the condominium property Pursuant to Paragraph 26. hereof, by Declarant acting as Attorney in Pact for all of the unit owners and their. mortgagees as above provided, or in any other case where the Unit Ownership Act rewires unanimous consent of the unit owners, by all of the unit owners. (c) Any amendment hereto must be executed with the same formalities as this instrument and must refer to the volume and page in which this instrument and Its attached schedules and exhibits are recorded and must contain an affidavit by the President of the Association or an officer of Declarant, as the case may be, that a ropy of the amendment has been mailed by certified mail to all unit owners and all mortgagees having a bona fide lien of record _ against any unit ownership interest. zkcogt'as hereinabove provided with respect to < amendments for the Purpose of making additions to the condominium property as provided in Paragraph 26. hereof, no amendment of this Declaration shall have any effect, however, upon Declarant,the ;•��� s' _fights of Declarant under this Declaration and upon Ls" iae:rights of bona f1de wrtoa ees until the ribt en consent of Declarant and such mortgagees o.auch amendment has been secure. Such consents y: c k' w:d•..,be retained by the Secretary of the `f M r„ .Aspotation or the Declarant, as the case may be, hia certification in the -instrument of amend' e ieeiil is to''the consent or non —consent of Declarant „ ! aiid- Vtie names of the consenting or, non —consenting ,. +. A iortgagees of tP:e various u .its sexy be relied upon n Fv s-rJ_ s• ',;,; by all persons for all purposes. _I. �.. 20 ..Peraori:`s<'�ieee#vQ ..3ervi'ee`of'--Procesoa_ • •.''.;'�.r':;�,f°h '.; r1l� b'}a�#f g?nat7orroug �e�' vviae' - relatioai' a'-tYtf� a iitii _dle+rclO&Wi,Sn p:-the addreas'cif his pl�ace':€ag`2iiaoino n 't sw D r i dg7a" set 3et:ks<bi ile'. Forth {y1' .�+ fx�y. ao-4o s #:Liim,lsi+an;'�ieclared''to be in id= i' �r ,�•e ti F ho4Y .4t8628d Lv: Vq`biaidi1* ' on ;the 1 psacF. p4, re o , th .p o "=tre" a retl- -nx d: all_ other""'> i providt6do. �llU$.. r 4`�~ +rr .��ier' Sn 1. 'j�p�4 ^=SV"``'JW ��SWI� �{�r�}lrxr ,i :i- ��� *'• -- f � �Tr�' - :..':- � a is ±Qri e+id the y haxo mtt"h' Hereto aha13 be obri t iied' S A"'thy l r.'nP °and-contra-1 dwl- Of.:under the laws. a &fit site o8" worI1h cni,01ina. ?'F t � ram:_ �IIl!li3E3i Op" ',! 7r[S3TEE AND -The a aii'd+saoi+ tardrsig;ed e, R:0w'E$Y73Cin8,'T[`w and Cameron-Browh; Company respectively, join'. in the execution of this Deelaratioa_ Trustee acid mortgagee" u►ide"r that deed of tru4 gecorded irs.Book 473. Page 115, Carteret County Registry. IN ITNE.SS wHEREOR, the Declarant hereinabove named, bas caused this instrument to be signed in its corporate name by its duly authorized orPieers and its seal to be hereunto. arfixed by authoeity of its Board of' Directors, the day -and year first above written. PEBBLE BEACH RESORTS, INC_ �, a Secretary n Seer( BY:�d resi en -, 4 -, ,� - awk ns, Jr., I CAMERON-BROWN COMPANY Bic- �_�� d�.'re a ident n fn r ryt�- ryy �iiLT i� i� TEE �Oi�Oi^$ CCF�i�lw$8(:} A e if tj (are) certified to be corrOCL this bsrofir:rr wd Vras Pm- -Strd ' ed is WS QMC@ ifi at: �w shm raw at 21 a Mp liirgES** 4{Y _ tdry "Pubiio -at "jh�"' that aunts, and Ststa aPareaaid, certify personaliy came ePO�*e tee' t i ay and -acknowledged aeknowled ed that" he1s b Se crear hrN. Lc�� ""f't �.;.� a Worth Carolina cnx�p4i�aLorlp rind. i b thayZ; hnr ty duly given and as the act of tkia QopnoraSioi;F. tii fox'egoirig Instrument rasps s3, n�d.'in its name by ith' '" " "° : "' _ 1"t'esiderit; sea7Ced_ frith its corporate' teal and sttedted by��::,a its erde ": 'Ite'�inard aP Directors du1 Seei�etary e11 " by SS ?1y HAND AND OFFICIAL STAFiP Of{ SEAL, this ci ' ,.,. 19 �3 day expires. NC NX PUBLTt, COIiN'i'i o$ 1, a Notary Pu 2 c ton said County and S*ate, do hereby certify that Personallya ' Trustee appeared before me L8 day and acknowledged•„tbe due execution of the foregoing instrument. :.-:F =.; .. WITNES� MY HAND AND OFFICIAL SEAL, this the 2983. day��oi' DTAFi3f FfISLIC .: Fly e0mmission expires: STATE OF /1 COUNTY OF x, a No �S Public of the Count that Y and State aforesaid, certify before me t s day and c nowledged that he -is' Personally came Secretary of j Corporation, and that`by autharit d a°rth Coral na of the eorpor t ore, the foregoing instrumentwasven siigned innd as eits tname by its President, Seale w its corporate seal and j attested by as its ���e� order of its Baa of ireetors duly Secretary all by y given. Fiif�.HR1i►� FNA9OIAL STAIdP OR 3AAi,, this `4 �t� oP. +.day 1dW,AR]( PUBLIC - My commission expires: A, 22 ..--:+..mow �..._.....-. EXii1�1] 61 o OESCRiPt OF OEYELOPMEAT AREA }yam- M680A�b�d (w 9CiC:i Re#ortp +xaa-. flaLrox4t county, north ccmcruto manwl the Fdox+the . o8 U{�,i 1 fiica pp -or...—. 5 fOot 1--I9bt-o vmr), acid - , `,:. .. X :3t befnk �Paa Star, 4xs u} st4MJ ot, .OceanDVIVO and tacit IS the Southasags gt Cara) hot.,.�6aMock plat of Dae 1.a• Ifs=, � e & toeoi oil t t 0;_R&P'Rgi�OkrpVj.,P5�ff6'q3 of Cho O+nrt®x��Oouat Asgiet f woe nbO1^t datw bed ; �i� and viol .tam beg t2te �t�'ri lime of hook A o~#a=d �ubd�QrJEn�os�.Elox•h O de{groou 30 �ia�ttr3e ift a18�8 j a #� _ 3 feet to noULUU_o $4 t CM the South&= o Coaat Guard ACIR41 thence with:.aid rightmot-rs , - °- .. .:',-. ya Marthdograoe.13:9xtelesat t®` the Pftt or teescy . of foot; thgtel�_n tlt the Frc of aaid curve to tho ,Oft 4 diatanco of #'os�¢ to Oho 27�'65 po't of uuE�guro of aald curve; thence cant irtu�ng with a€11d 3ght� of'� y" Of Co&st Guard Road (60 foot r � i$h�-oi_way', )forth 39 degrees ki _ 19 minutes t..7145 + ;feat to the point of ;Gators®cgion Of weld right -Or- way With the cue _ Sortth0a=ogt right -of -a of Reed Drf v®(60 foot riglat- }' oi•.crt►y)g thence _with the chord of a portion of aa3.d curve of need Dri.,o having n rue of f987.02 ;feet. South 55 degrax ees 33 m.wtes past 39.35' of to Oast ©sxiati.ttg ixotl pipe; thence leavi:ag need Dri'm aqd with the Hal-Iday Yuta iravtr par*r a I>ortiera of lot 2 �aerald Xele b 3r the sea, recorded in M3P Book 8, page 52 of the Carteret County Registry, 0'S degrees 30 minutes East 2005.93 feet to a point uth on the higiivatSo So er Mark Of the 1tYlent3c ocean, thence with the approximate mo PF an highwater, -Ark Of the Atlantic ocean, South 78 dega•eea. 27 minutes 55 seconds Nest 516087 feet to a point on said approxdmate mean highwater mark; thence loaaving said taean highwater mark . r ldortli 05 degrees 30 aa3nutes ;lest 257.E+6 feet to the —Point and place of begim inB• Coxatairai.ng 22,85 acres. ACc*PiAttf{ tp, r trvey. 1by .tames E. Stou—t and Associates- Zn-- completed ' $' 7t, &B '_...... .,:,.:::,.�d;..:.:,:.Yo Soutra ,r. :portion of lot i p as shoun an that i. seycordad Inmap n, Lpage 52 a 0 the CrtexeE J County registry. (9 :, i. i��C,M1'i.i,` 1f-"{�}p '4Y?'�F}—''''- ''�. ��.yy11'-;4'Z' :s X fi - r'S ;A v'e,:l _[,1L+�i? fti' -L,,F' �i.. _ MIA Q, inilm on � print cerlrrn'.Ipp r'epp>+sG.`,7a6 pis,. $ Imp., �." �rriA.:� l sal$#* s, �a., cti��ed .0atober 4 962.,�tsd re0 reed in Book 20 a .#yuDtY,.R,Ogf=tr,.' 40 b� r+ mare varlcujarly ' ' p,,t et.;pi e d a.ar3bed !Y Pagda 2 5_ of Exhibit I#L+off . herota aria 1n0obporated . fleCi fr. {.J py • � tiM1 ^t i 0 .-. Y• 44r�a'.�_�����f.}}{.'�lY�•'�M� a- 1 I' Y a PA. TFiLY r� Exhibit A-1 Page 1 of 5 24 UM MkRrPTZON �,� :,hunt. `�18ma} � • .- �t 5,•." vast om* tati b� 11iY tiara Arr��� F1e� I and No. 2a and OY4Y[���0- • f ' ffiV#U 4vr Ind. ?tk;Q R A4: asss !b!P.I & aeon -Erato m0nument 'Oh $he Wartheru'right- ;, ®�- d ®nqi l-fo� ' i 7rstiiwvrsL at .tAm Rasternmont i2 szt=F,�s�i 'PO. 064= Akilve as3`41m nt b€3 6a age $ltaed °D�a rMm Daman. a A`PhW mova 14*' d---aadw 9.,� ai thr con rltorat Otaunty ROSIastsy and . aloe bobij tioJ uthoaataL7. 0*t CoB°t er,og �,}t 26& Moolt m' an whom OU o a farmeationed ago ei' thence ft,04 tho abovo =. al em4tribed mint: of a ® leaving aaid jrlaht-ofvaay of Ocean irivo 111th €moo a&q, tr .aaaat lino of' reforeneed subdivision, 0.1"d##'CjQjl� 30 19imt11v West 173.foot to HL point; thence �- leaving 70 dcgrrego 00 minut6an $mot 55.20 foot to ra Points thcanoo soaath $9 dogreeo 00 mirmtom -Best 188.142 feet to a Ant; thf hue Bou %.9 datrooa 00 minutes Xnot 29.23 f9et to ua point st;;:tro the pwapooed wator line cr+omaets the northern boundanry of % XF tha ace tho n=o limo South 73 delta ooe 00 minutes gust 31.9? fuw : (fiRAG foot to taal) to u paixa$; thonce South 0.5 dog room 9 m$eautors VnrA 20.$41 fact to as polkat; thence, South 08 dearoes mix-mt -mo Wont 2.9.80 foot to a point; thence South Sl degream 32 L4;r-tole 0-1 aaaasol.d4 84s0$ 2!;9.37 fact to ax pg3nt on the approximate raaaaM high Kantor mark of 'the Atlantic Ce6an; thence with maid z�pproxivato o6na Nigh vatex- max-k. South 78 dogreem 27 minutes 55 nocanda front 280.82 foot to a point on the 2aatorn I:ne of the at'orasmontioned asubdIviasiasnn of DeerNorn Duneao than Southwe'sternmont cornor of tho hoaroin described tract; thence leaving said high. water enrk and along the Eastern lino of Me Door -Horn Dunes Subdivision IfoB-th 05 dearoaae 30 minutost Vest 237.46 coast to as point on than Southown rightmof-my of ocean Drive$ the Nprthoaotorrtmont eorataBr of %o[; 38 DlooBt A cao czhoun on the aforementionod map of Doerhorrn Dunoe; thanco CrODOI ag na ld sight -of -mays Worth 0.1% dogream 30 minutes Wbot 30.0 foot is the point nand place of Abeg:Uming. Contasi»ing 2.47. Escrow. pageSA- 21 J% Page 2 of 5 d Y 25 r r' t. 3' - �taat ftoill$tler Area . no. l .. `F CO, � "ftt® mid Mast bo3ng located iforth 02ygivo-A"GY EdgMtOfl' 35 a000rtda L -Lut 1f1x#.91 root from the sosat%moa$es"Mat s = a c or the :, _ ri doncrlb6d! Fhoo e) X j th naco th¢a•• poi` d� c Lod t POint at' bofg!L---AnCa Gauth 8% degrooa•30 jainuteh Vegt 12o.00 roe$ to e; polatS thence gorft 05 do9moo 30 aairnutoo Wont 820.00 fast to in Points thence mouth 6A dagrona 49 talmtan 39not 159a41 foot to a post as a 0OW(w Zino cr000eo teas: Harthom boundary of the heroin . . mddnrrlb tvi--et; thence eontiaufng the owo Riney south 61 degroon �r $9 minutou 00s, t k, 91 (144AM feet total) fipot • to a Voint y thence SouM 05 daGti,,-, ej 30 imUmtos Bast 1$0.0 foot to the point and place of bog:bml.ng. Oontaiasi 0.� aeroay. + Unote"antor .ereatman; Fa cilitioo Area- No. BWZ=X=a w' as yaLntv a"d point baln& 3ocaited North 07 dagre®® } 50 cd tec $asat- feet fkxm the southwQ0tornmoot Corner of ,R tho nbot-,: 4®ai¢e,Iha!! 9haso Xs thence from the above a3eaeribed point of boeltwiang. South 84 dogaroom 30 mirautoo ]root MIA *foot to a point torn the a,oweiv line eronason the Southern boundary of the harein deencarlbad tracts thence continuing the 4MOMM line. &Mth 84 degrees 30 wdnuton Veaat 18.56 {93.0 foot total' foot to as points thence ' s North 03 dogroan " miasuton Vogt 93.0 foot to a point; thence Worth 84 dogro ao 30 mtgMtem z;Q61; 99.0 foot to as points thence .South OS { dour=re 5 ffl4r4atoal Wont foot to thin point wad plate of beginning. }rCQntalUtAff 0.21 boa .. T; is r e �'3M ^���:,�_ %.i;`�iY•`:::�Y_ t,ry ''.,'Jr%: s=['-tea. =;�' vxR,Ys.. - - !AZMIT . A-1 'fie 3 or 5 ' a'` v._ a '""'�""a '+�.? � :��k}: �1Q.'` �, ;���J��y� ..'�+/k'��'yF �}.�F k fi€f.*F��S-•r:! �{��44i.'� 06(kr tlea ail 1b1 47,rm1 ': Y`7-k i f p4'*•''t � e bo �kwL s Ham'R,�. too Vb&M 9 .4t - �l thtn�a gg®� . dcn-k,rAlbil ? VORAt 09'. Tc ;u ik7®srt8a 28 doWDoa ,07 abiai0s Wet �. nab , 1. tit Sh ao® Uorth �_ .-do,,, oo j?"t to i = tho"o 1700th ®_q Qbm t em ftmQ an o `?y !oa 6 to c h-Olutg ` a 8b do ^ns �"' too Vogt Mad fooB U. CL polar) an th R aatom tSfto oe tho MOW d0morlbrd ftmeoLater `bra atMont b�eaollltRi+at� 11E`e3ra . !Ie mxm 1': 20 ftmt Gev4p or' lam.' l 3►� -9 Yro$ aU eltlaer ea3d® of awa 0CMUMUna doaorlb" an lolloua l BSO esQ Cl P01"t , onld gagnt bagr�a thO POInt demorlbad umu the "'Onallag of a Dewar "as Qn the Plorlrhern bound rr or the above a: cribod tractoontor Troat04&ut paci2Ytl0e Hiroo No. it thence from thm above deocr:gbod point of ba 8jx_Lnaa Dforth 25 doareem 51 silnutoa 25 soctsrada Rhmt 26,9.14 toot to g poYat On the Southern bounda%7 or the abov© deoca-tbod Vaaat0v4t0r g`roatnent ftcllltlma Area M*. 2. C,4111- Z-eL 706 EXHIBIT A-1 P&80 tE of 5 27 - 1` ANVio f'� XO ft®$ Stil 6f Sow • aye re®t on 'either ",do or L3 �eator2 dop"pxiRbed 46 ro$2owos a� i '4*.-G V6lrx*a acid point balnm.the polut wh6retho 'aster zwqposed 1;nq O"Clawu tha wort%45R» ,[iris of thO above ideaeribed idea Zy z;t SV f;s'• Mra'1 tom. 6bovo 40ac_rAbad point or begiming® M*rth 78 dwgreeo tolp gnat 3.q.gp i'aat to a points t1lenae North 05 dogroeo i�iitifs d� +a*t ►m � : rwm$ tO Q pointg tho noo Morth 32 dogr000 Ewa �I11## 1 .'2� 'Imbt to Q point# the nco North 50 dogroon o� wt^_115XJ,s flnut t® i5 Point[ themoo Sorth Li$ dogr000 it 20 n9.moc, Usat foot to Ls point on tho curved 5outhorn r1aht-mr-weld of 'oast Cawd Road. . Tho abovo .doacr ption bow dratm by .Panama 23•, gttawart and Ammociateo. ®® (W zbvOr 8,19a8, fay computed 11 nea. gho above deo*�ib2d traata being shown on ra wgp ontitYed -pinaT Mat, p�aw S, Pobb8© Sonah Condominiurarr0 preparod by Jngoa V. ' , ; 2kw•, datod Cotober 2982. soon to be recorded in thq office of th- etor- do f Carteret CQuwaty. ` 0,,14•gar.h'.. tea` g}y CAr il SEAL t - Jamoo R. Stotrar't and Aceociato Tno. _ '74$0�� 7:r• Lie vravo3r AD ���f 4 Jachnonvii2e, V. C. 28540 'a,�N w•,•Ppk' EXHIBIT A-1 �. page 5 of 5 ~ 28 ' i • - ti c T s EXHIBIT B '-,-,.,IDENTIFICATION Oki' -CUtr WMINIiIl�f UNi�' .. " � T `* The plants, alas apeaifi a�ioeti�' Po» esaah >ati1C, �C12, -• {x,' '� i Individual unit- t'iuiiiber of Pebble Beach Corfdam4Riiima22-'.:p Vilsoh & L,yslaka' Tnc. gLxeecB� 7Rjb ; have been recor act- in the UnitOranae"abio ' G. Condom�ratw� .: Boob o kegs �, Carteret Co[ut<by Rasa ry;'` to; 1acti s refai�ence its mado or more Pull' � d oo�plet® desaripCiaria :.72 S f i I � I Ah- -� ��� ✓ fV•'. ''3 L:*'�F�L°j�iy 'd'!. _{! ��55��yr��. ,.'ii�'k. 2.�:�,rsL 1' }....'" ._ T•--" 'ATE, z4 UZAT n U4 W Clow29 . i P.A. aTk . _ F Y to •� - SCREDU F.RSHIP PER UNIT ' d JL �erE �6 A 106 �l.11666 .... A 10y 4.1666 'A 106 4.1666 9 A 201 4.1666 10 A 202 4.1666 A 203 11 4.1666 12 A 204 4.1666 13 d A 205 4.3-666 j 14 A 206 4.1666 15 A 207 4.1666 f� i6 A 206 4.1666 € 17 A ,ol 4.1566 18 A 302 4.1666 19 A 303 4.1666 ! 20 A 304 4.1666 S 21 A 305 4.1666 i 22 A 306 4.1666 + 23 A 307 4.1666 24 A 308 4.1666 30 • 1s attached to the Dec hrai TN CeNAid To Be A True Copy of Unit Ownership pursuant NCGS 47A_ 6y • - - - BY—LAWS r a secretar; - - PEBBLE BEACH HOMEOWNERS' ASkOVTIONt I - ARTICLE I .`;•r' NAME AND-LACATION r The name of the Association is Pebble Beach Homeowners' Association, Inc., hereinafter referred to as the "Assoolatlon". The principal office of the Association shall be 323 New Bridge i Street, Jacksonville, Onslow County, North Carolina, but meetings of members and Directors. may be held at such places within the i State of North Carolina, as may be designated -by' '^,fie Board of Directors of the Association. ARTICLE II DEFINITIONS I1. "Association" shall mean and refer to Pebble Beach Homeowners' Association, Inc., Its successors and assigns. 2. "Common Area" shall mean all real property owned as tenants in common by all the unit owners and managed by the Association, Including those limited common areas so defined in the Declaration. 3. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any unit which is a part of the Pebble Beach Condominium, including the Declarant so long as any unit or unite are still In its name, but excluding those having such Interest merely a; security for the performance of an oollgation. 4. "Declarant" shall mean and refer to the entity named In the Initial Declaration of Pebble Beach Condominium as the Declarant thereof. 5. "Declaration" shall mean and refer to the Declaration of Unit Ownership and Covenants, Conditions and Restrictions of Pebble Beach Condominium and amendments thereof, of record In the Office of the Register of Deeds of Carteret County, North Carolina. - 6. "Member" shall mean and refer to those persons entitled to membership in the Association by virtue of ownership of one or more units in Pebble Beach Condominium. - 7. "Unit" shall mean and refer to individual enclosed living q spaces and accessory spaces and areas as defined in the RNy Declaration, and the Improvements situated therein, excluding any land or improvements designated as Common Area. 8. "Assessment" shall mean and refer to a membera. share of. the common expenses assessed against each unit by the Association in the manner provided for In the Declaration and By —Lawn. - aro 9. "Phase" shall mean and refer to successive stages of the, •.. project, as more fully net out In the Declaration. 03 :. ARTICLE IIIs MEMBERSHIP AND PROPERTK RIGHTS '11. -$very owner of a unit Ole ie.eubjoat tO aeeaeeaent Sr shall be • member of the Association. Membership shell be - appurtenant to and may not be ssparated from such ownership with the ownership of each unit, whether owned jointlyoreingil. ientitling the owner or owners thereof to a vote inthe t Association which In proportionate to hie ownership interest iln ,the common area as wet out in the Doelaration.- Throughout theme' c - By -Laws, the term "vote' as appliedtothe votingrightsor members shall be construed to mean such a vote weighted to } :.reflect the common area interest of the respective owners. - 2. Each member shall be entitled to the use and enjoyment of the common area and facilities as provided in the Declaration; and any member may delegate his rights of enjoyment of the common area and facilities to the members of hie family, his tenants, or contract purchasers who reside on the property. Such members shall notify the Secretary of the Association in writing of the name of such delegates. The righta and privileges of such delegates are subject to suspension to the same extent as those of the member; but provided, however, that the Deolarant shall exercise certain voting rights of members of subsequent Phases of Pebble Beach Condominium as more fully provided in Paragraph 10 of the Declaration. ARTICLE IV MEETING OP MEMBERS 1. Annual MeetinP. The first annual meeting of the members of the Association ehAll be held within sixty (60) days from the date on which the management of Pebble Beach Cond.:minlum is turned over from the Declarant to the Association as provided in the Declaration. Subsequent annual meetings shall be held at a date and time to be determined by the Board of Directors. 2. Special MEetingf4. Special meetings of the members may be called at any time by Che President of the Association or by the Board of Directors or upon written request of the members entitled to vote one-third (1/3). by common area interest, of all - -the votes of. the Association. }" :;'3 Notice of Meeti❑❑ppe. written notice of each meeting of the members.ehall be giVAn by, or at the direction of, the Secretary or person authorised to call the meeting, by mailing a copy of such notice, postage prepaid, at least fifteen (15) days before each meeting to each member entitled to vote thereat, addressed to the member-s address last appearing on the booke of the Association., or supplied by such member to the Association for_. the purpose of notice. Such notice shall specify the place, "day and hour of the meeting, and in the cast of a special meeting, the purpose of the meeting. waiver by a member in writing of the notice required herein, signed by him before, at ;.,-. or atter such westing, shall be equivalent to the giving of such notloe. _ . 'e',_'A ovum. The' presence at a meeting of miksmbera entitled to "laaat -or or proxies entitled to cast, fifty (50%) percent of the votes of the Association on the baste of common area ownership Interest shall constitute a quorum for any action except as otherwise provided in the Declaration and these By -Lama. If, however, such quorum shall not be present or represented at any meeting,the members entitled to vote thereat shall have power to %adjourn the smiting from time to time, without notice other than ^` '; ennouncaeient, at -the meeting, until a -quorum as aforesaid shall be present or be represented. - e 563 a." At all meetings of 'the members, "each vote may iri voracn or by proxy.- All proxies shall be In writing Rnd;Pllad';giph;tge 4eorayapy. ;6vory proxy, ahall,bo,revooablo fli 1: -qr. The ariairo of elie Aesociation''nhall be by a Do maven (7) Directors„ at least five (5) of shall be members of the Association.." 2. 7yfrlAC office. AL the'firaL RnnuaT Mostthe shall slt bi a 131 Direatora for a term or one ((1)) to (2) Directora for a term of two (2) years and-two'(2) 1 for a term of three (3) years; and at each annual meotin thereafter the members aliall elect the necessary number Directors a term of three (3) years to replace those Directors whose term has expired. -- YIIV managed C whom ecemDera ar, two „ rectors }- R 3. Removal. Any Director may be removed from the Board, with or wn'Fout cause, by a majority vote of the members of the Association. In the event or death, Peelgnation or removal of a Director, a successor shall be eleated by the remaining members of the Board, and shall serve until the next annual meeting. If the Director who hen died, resigned, or been removed shall have one or more years remaining In his term at the time or the next annual meeting, a successor shall be elected at such meeting to carve for the remainder or the vacated term. 4. Comp neatior.. No Director shall receive compensation for any norvicmay render to the Association in his capacity as a Director. However, any Director shall be reimbursed for his actual expenses Incurred in the performance of his duties; provided, hrwever, the Board may employ a Director to manage the business affairs of the Aesoclmtlon, and may pay the Director for his services as Manager. 5. _otlon Taken Without a Meeting. The Directors shall have the rlgim to taxe any action In tha abeence of a meeting which they could take at a meeting by obtaining the written approval or all the Directora. Any action so approved shall have the same effect as though taken at a meeting of the Directora. ARTICLE VI MOMINATION AND ELECTION OF DIRECTORS 1. Hpaination. Nomination for election to the Board of Directors all be made by a Nominating Committee. Nominations my also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the clone of much annual meeting until the clone of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make an 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. 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election, the voting members or their proxies may cast one (1) vote for each vacancy. The persona receiving the largest number of votes, measured by common area interest, shall be elected. Cumulative voting is not permitted. - - 3. Notwithstanding the foregoing, no long as Declarant is the owner of at least one (1) Condominium Unit, but in no event longer than seven (7) yearn after the date of filing of the Declaratior. for record, Dedlarant shall have the right to designate and select one (1) of the persons whn shall nerve as a niembef.or each Board of;Direatovs of the Association. Any Director doeignatod by and selected by Declarant need not be a resident In the condominium. _ - Declarant shall, at the beginning of the election of the Board of Directors, designate and select that number of the aembera of the Board of Directors which it :.hall be entitled to designate and select in accordance with the provisions of these - By -Laws, and upon such designation and selection of Declarant by written instrument presented to the meeting at which such election is hold, said Individuals so designated and selected by Declarant shall be deemed and considered for all purposes Directors of the Association, and shall thenceforth perform the Offices and duties of Such Directors until their successors shall have been selected or elected In accordance with the provisions of thews By —Laws. Should any vacancy in the Board of Directors be created In any Directorship previously filled by any person designated and @elected by Declarant, such vacancy shall be filled by Daclarant designating and selecting, by written instrument delivered to any Officer of the Association, the successor Director to fill the vacated Directorship for the unexpired term thereof. In the event that Declarant in accordance with the rights heroin established, selects any person or persons to serve on any Board of Directors of the Association, Declarant shall have the absolute right at any time, in its sole discretion, to replace such person or persons with another person or persons to serve an said Board of Directors. Replacement of any person or persons designated by Declarant to serve on any Association Board of Directors shall be made by written Instrument delivered to any Officer of the Association, which Instrument shall specify the name or names of the person or persons to be replaced and the name or names of the person or persons designated as successor or successors to the persona so removed from said Board of Directors. The removal of any Director and designation of his successor shall be effective immediately upon delivery of such written Instrument by Declarant to any Officer of the Association, ARTICLE VII NESTINOS OF DIRECTORS I. Ret}clar Neetigye. Regular meetings of the Board of Directors all be held at least quarterly, without notice, at such place and hour as may be fixed from time to time by resolution of the Board. A more frequent schedule of regular meetings, on a seasonal basis, may be established by the Board. 2. Sue aial Meetigga. Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any two (2) Directors, after not less than three (3) days notice to each Director. 3iQuorum. A majority of the number of Directors shall consttute a quorum for the transaction of business. Every act ) done or decision made by a majority of the Directors present at a duly held meeting at which a quorum In present shall be regarded as the act of the Board. - 3 �aL at -(3' 4�/�3 > ARTICLE VIII 1 "EOMHR3 AND DUTIES OF THE -BOARD OP IA"GTO6 1. `P were. The Board of Directors shall have the power to: (a) "adopt and publish rules and regulations governing - .,the,; use of the common area and facilities, and the personal conduct of the members, guests, and -i;tonants thereon, and to establish penalties for the Infraction thereof; _ c (b) Suspend the voting rights and right to use"ot the recreational facilities of a member during any - period in which such member shall be in'default in the payment of any assessment levied by the Association. Such rights may also be suspended, after notice of hearing, for a period not to exceed " sixty.(60) days for Snfraotion of published rules --and regulations; but provided, homever, that the ` right of an owner to ingress to and agrees from his unit shall not be impaired; - - (o) adopt and publish "lea and regulations governing the rental of units Including acceptable lease forms, and the conduct of tenants, including, in their discretion, reasonable limitations on number of occupants in leased units; (d) exercise for the Association all powers, duties and authority vested in or delegated to thin Association and not reserved to the membership.by other provisions of these By -Laws, the Articles of Incorporation, the Declaration, or by Chapter 47A of the North Carolina General Statutes; (a) declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directord. (f) employ a manager, an Independent contractor, or such other employees as they deem necessary, and to prescribe their duties; (a) employ attorneys, accountants or other professional personnel to represent and assist the Association when deemed necessary. (h) enter Into contracts with others to Provide necessary supplies and services to the condominiums. to borrow unsecured monies to meet necessary ". ,:expenses of the Association, but the aggregate =i indebtedness of the Assoc latlon shall at no time •a `-'exceed an amount equal to the total quarterly I'Zisecoment For all units without an affirmative =vote of two-thirds (2/3) in interest of all members of the Association, voting In person or by proxy in aregular p or (special meeting of the members; - 0 ) as providedin the Declaration, tr bring an action' . - In aus:mary ejectment on behalf of any-6wher•Nhoee ' - Is so is-,iu violation of any of the'afo�pnaid--rules -- op - and regulatl06e, the Daoiaration, or ,LheDe Bq Lpws, 2. Rea. It shall ba the duty of thnFBoe�rd o! Directors to: (a) 'cause to be kept A COVlate re63rd of'all ita'acts - >and corporate affairs and to?preaent°a statement - tharaoP co the awmbyira at 'the` annual aeoti6gq of " the members, or at; any special me sGing when`such statement is requested in writing by-'a)d third WO ' of the members entitled to vote.' (b), suBerviBe a ofrlogrs, agents and employees o! the ' - Ansoolation, and to Sao thaQ,their duties are :• _- properly parformed.. ram,. � �� .)>•' :• (a) fix the amount of'aseaeement and the manrii o �• ,to payment thereof against each unit in accordance - with the terms of_•the Declaration and to send'° - written -notice .of.any change In anaesement'or " manner of payment of same to every owner,mubjeot - thereto at least thirty (30) days In advance of such assessment payment period. - (d) foranlosothe lien, and sell, under a- power of sale - anu .n the manner prescribed by law for f0re01013uree with powers of sale, any property for which - assessments are not paid within thirty (30) days after due date or to bring an action at law against tho owner personally obligated to paythe same; (a) Issue, or to cause an appropriate officer to issue, upon demand by any person, a ^_nrtifleate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certifi— cate states an assessment has been paid, such certificate shall be conclusive evidence or such payment. (f) procu^e and maintain adequate liability Insurance covering members' liability for the common area and facilities and to procure and maintain adequate hazard insurance on all the real property within the Pebble Beach Condominiums development, Including Individual units as well as that property owned jointly by the members; (g) act as insurance trustees in the collection and disbursement of hazard insurance proceeds, as provided for In the Declaration; (h) cause all officers or employees having fiscal responsibilities to be banded, as It may deem appropriate; (1) maintain or cause to be maintained the common area and facilities and the exterior of the unite, in accordance with the term of the Declaration; (j) to establish the Fiscal year of the Association; e f aRTICL6 IX - ���'' ?' OPPICSRS AND THEIR DUTIES 1 umerA o or Dinners. The officers of this Aesociut On a boa roef3ont and Vice President, who shall at all times be members of the Board of Directors, a Secretary, and _ a Treasurer, and such other officers an the Board may from time .to time by resolution create. $, ¢leetion of Orflee rs.` The officers shall be elected by -$he Board -Of Directors at Che first meeting of the Board following each annual meeting of the members. 3. rm. The officers of the Association shall be elected aMually by the Board and each shall hold office for one (1) yore. unless he shall sooner resign, or shall be removed, or otherwise disqualified to nerve. -k. 9pitolel yp[tp}ntments. The Board may elect ouch other oPfiears'dR the nlf6lra of the Association may require, each of whom shall hold office for sueh'period, have such authority, and perform such duties as the Board may, from time to time, determine. 5. Resigngtion and Removal. Any officer may be removed from Office with 1d1PP without cause by the Board. Any officer may resign at noy time giving notice to the Board, the President of Secretary. Such resignation shall take effect on the date of reeelpt 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. 6. Vacancies. A vacancy in any office may be filled by appointmenE` yb—the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. 7. Multi le Offices. The offices of Secretary and Treasurer nay be held by the name person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article IX. S. Duties. The duties of the officers are as follows: (a) President. The President shall preside at all meetings of the Board of Dlrectors and shall serve as Chairman at all meetings of the members; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks anu promissory notes. (b) Vice President. The Vice President shall act in the place and stead of the President in the event or his absence, inability or refusal to art, and shall exercise and discharge such other duties as may be required of him by the Board. (o) Secretary. The Secretavy'ahall record the votes and keep the minutes of all meetings and proceed- ings of the Board and of the members; keep the seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Asaocia- tion together with their addresses, and shall - perform such other duties as may be required by the Board. 3 (d) TTeasur The Treasurer shall rane'va and Lepoa±t appr,.prieto bank 000ounts all mot, as of ttto ;Aa (utlAtlon and shall di.eburne at-- !'undo n9 dlraoted:yy reeolutloh of:tho Baard'o 1.'t1AWtgra, c T ahail di n all ohaske atld '.prgmianoryot§d Rf 'the-' jt f i �A460a aE Oni k0op "➢roper boo)tB oP a000t1t1t, Dbade an �% sr,CortifedtPuBllor aeA000untanE atbGrise4�wblstibit laaneory ` � 'mod a'dCEtemenEcotain0omglandr'eXpetldiEq beu h{ptujet bewailed- to the w4mberehip at least` ICtcpn : f`--'�{r`-d.+Wa; but not moil than forty-five (45)- days - 7i prior to the annual &&atlas - 1%RT`XOL13 i X COIOIITTEES n' Board�of Directors shall appoint a NominatingCommittee and ouch ether eommittees as may be deemed appropriate in carrying out its purpose. _ - ARTICLE XI - .. - BEAKS AND RECORDS The books„ records and papers of the Association shall at all time during reasonable business hours, be subject to inspection .by any member or by any mortgagee holding a firat mortgage or Deed of Trust on any unit or units. The Declaration and the By -Laws of the Association shall be available for inspection by any member or mortgagee at the principal office of the Asoelation, where copies may be purchased at a reasonable coat. ARTICLE XII ASSESSMENTS As more fully provided in the Declaration, each member 13 obligated to pay to the Association such sums as are assessed against the members under the terms of said Declaration, which assessments are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be deemed delinquent. If the assessment Is not paid within thirty (30) days after the due date, the assessment shall bear Interest from the date of delinquency at _ the highest rate allowed by law, and the Association may bring an 'action at law against the owner personally obligated to pay the same or foreclose the lien against the property, with costs of -7'sueh aotion, including reasonable attorney's fees, to be added to the amount of ouch assessment. No owner may waive or otherwise escape liability for the assessmcrte provided for herein by nonuae or the common area or abandonment of his unit. ARTICLE XIII ns_ - - AMENDMENTS 1.These By -Laws may be amended at any regular meeting or at r a,special meeting of the members, provided that notice of such cz.,: -� spec Lal meeting shall state the content of such amendment, by a yp ��•E vote ®l, two-thirds (2/3) or a quorum of members present in person .sip•,._ ',_.Or'tiy..proxy.- �`� 2. In the ease of any conflict between the Declaration and t these By -Laws, the Declaration shall control. fly YJsA.�'i S ff� F'_ Owners. �t�it1L, Q -r .... ..•, sr a+a u,.ac �Shar a�teL be bound to ebtude-by. any Amendment duly ` �asgyBd�pQ amt Xorth_._in an Amended Docatdultt'reaorded. -- x '14tef f�i��going were adopted as the BY-LawsofPebble beach 9o01eowgg_,A.,Miwaiation, Inc., a non-profit corporation under thy--%awe'VNf;the'State of North Carolina, at the first meeting of the Iqoor 'sat_fe on April 25, 1983.. Pr in i Cha and Incorporator � rOGn n"' as nayhoor �! tary Wastewater Treatment Facilities Management Contract This Contract is entered onto this I "�-r day of 204 g by and between t�a1n�jeNQ<A &' C nr\da k�)'Oand Hydrotech Environment , LLC. Whereas, this contract concerns Customer's Sewer Plant facility (herein after referred to as "W WTP") serving A�I is P,e (No(n .t\,rr S In Carteret County, North Carolina. Whereas, Hydrotech wishes to operate the W WTP In accordance with the requirements as outlined in the operational duties of the NPDES permit # � Q0 A I , ?> . And the desire and goal of consistently meeting discharge compliance as it rela{es to operational control. Whereas, customer wishes to retain Hydrotech as the operator of the said W WTP. Not Therefore, in consideration of the mutual covenants and conditions contained herein the parties agree as follows: 1. (a.) During the contractisrlod, Customer agrees to pay Hydrotech for the services performed, the sum of per month. (b.) In addition to the payments described in paragraph 1 (a) above, Customer shall also pay to Hyddrotech expenses for supplies purchased for the proper operation of the W WTP and associated with repair services meter calibration, and sludge hauling. 2. As consideration for the payments to be made by Customer as described in paragraph 1 above, Hydrotech agrees to provide the following services to Customer. (a) A certified sewage treatment plant operator as defined by the State of North Carolina to perform all acts necessary to keep the WWTP operating in accordance with all applicable above referenced permit regulations. b) Routine operations and daily test as per permit requirements. Customer will be responsible for all maintenance and repair expenses. (c) Collection of on -site effluent, Influent, and monitoring well samples, Customer will be responsible for all laboratory expenses, shipping charges, couriers, pickup charges, ect. (d) record keeping: (e) Completion of all state monitoring reports and forward reports to Customer for signature and submittal by mail to the State or County office. (f) Procurement of suppliers necessary for proper operation of the W WTP. 3. Customer authorizes Hydrotech to take immediate corrective action in the event of any malfunction, damage, or loss to any part of the WWTP. Hydrotech agrees to attempt to contact the Facility Representative before undertaking emergency repairs that have an estimated cost in excess of $3,000, but the failure of an attempt to contact shall not prevent Hydrotech from taking immediate corrective action. 4. This Contract shall be in force for a period of one year and automatically renew on an annual basis unless the parties agree otherwise. This contract may not be modified, altered or amended except by agreement in writing except by the parties hereto. It is understood and agreed by both Hydrotech and Customer that either Customer or Hydrotech may terminate this agreement at any time by giving sixty (60) days advance written notice. IN WITNESS WHEREOF, the parties hereto have executed this contract the day and first written above. Hydrotech Environmental, LLC P. 0. Box 4602 Emerald Isle, N.C. 28594 Date: Date: Sign: Sign: Wastewater Treatment Facilities Management Contract This Contract Is entered onto this day of 200qby and between jejkk—LQ" NA-0 n and Hydrotech Environmental, tEC. Whereas, this contract concerns Customer's Sewer plant facility (herein after referred to as "WWTP") serving �'_•��� C' �.� in Carteret County, North Carolina. rdance with the requirements Whereas, Hydrotech wishes to operate the WWTP In accoAnd he desire outlined and goal of the operational duties of the NPDES permit t# consistently meeting discharge compliance as it relates to operational control. Whereas, customer wishes to retain Hydrotech as the operator of the said WWTP. Not Therefore, in consideration of the mutual covenants and conditions contained herein the parties agree as follows: 1, (a.) During the contract period, Customer agrees to pay Hydrotech for the services performed, the sum of —� I' 1 A per month. (b.) in addition to the payments described in paragraph I (a) above, Customer shall also pay #o Hyddrotech expenses for supplies purchased for the proper operation of the WWTP and associated with repair services meter calibration, and sludge hauling. 2. As consideration for the payments to be made by Customer as described in paragraph 1 above, Hydrotech agrees to provide the following services to Customer. (a) A certified sewage treatment plant operator as defined by the State of North Carolina tp perform all acts necessaryto keep the WWTP operating in accordance with all applicable above referenced permit regulations. b) Routine operations and daily test as per permit requirements. Customer will be responsible for all maintenance and repair expenses. Collection of on -site Uetslacustomer� be responsible for all aboatorYexpenses, hipping charges, couriers, pickup charges, ect (d) record keeping: (e) Completion of all state monitoring reports and forward reports to Customer for signature and submittal by mail to the State or County office. (f) Procurement of suppliers necessary for proper operatlon of the WWTP. 3. Customer authorizes Hydrotech to take Immediate corrective action In the evert of ary tnVMCW", damage, or loss to any part of the WWTP. Hydrotech agrees to attempt to contact the Facility RPpresentative before undertaking emergency repairs that have an estimated cost in excess of $3,000, but the failure of an attempt to contact shall not prevent Hydrotech from taking immediate corrective action. 4. This Contract shall be in force for a period of one year and automatically renew on an annual basis unless the parties agree otherwise. This contract may not be modified, altered or amended except by agreement in writing except by the parties hereto. It is understood and agreed by both Hydrotech and Customer that either Customer or Hydrotech may terminate this agreement at any time by giving sixty (60) days advance written notice. IN WITNESS WHEREOF, the parties hereto have executed this contract the day and first written above. Hydrotech Environmental, LLC P. 0. Box 4602 Emerald Isle, N.C, 28594 Date: Date: 1 i Sign: Sign: