First Amendment to Declaration of Covenants, Conditions, Easements and Restrictions for GlenRiddle Community Association, Inc.
THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR GLENRIDDLE COMMUNITY ASSOCIATION, (this “Amendment”) is made effective the 11th day of October, 2005, by CENTEX TAYLOR, LLC, a Delaware limited liability company (the “Declarant”).
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RECITALS:
A. A Declaration of Covenants, Conditions, Easements and Restrictions for ^bleriftddle Community Association, Inc. (the “Association”) was recorded among the Land Records of Worcester County, Maryland (“Land Records”) on September 16, 2003, in Liber 3870, folio 001 (the “Declaration”, which term shall include any and all subsequent corrections, modifications, and supplements thereof as may be recorded prior hereto among the Land Records).
B. As set forth in the Declaration, a Marina is located within the Community that is intended to be Community Property of the Association. The Marina is comprised of all the real property shown as Parcel 25 on the plats of subdivision recorded among the Land Records in Plat Book SVH 182, pages 6 through 104, and all improvements and appurtenances to said Parcel 25.
C. A plan entitled “GlenRiddle Marina Boat Slip Declaration, Berlin, Maryland” which shows the Marina, including the numbers assigned to the Boat Slips in the Marina, was recorded among the Land Records in Plat Book SVH 201, pages 43 and 44 (the “Revised Marina Plan”).
D. The Declaration currently contemplates that the Marina may contain a marina building and related facilities, including restrooms. However, under current plans, no such building or related facilities are anticipated for the Marina. Pursuant to Section 16.2 of the Declaration, the Declarant reserved the right, in its sole discretion, to amend the Marina Plan from time to time, including, without limitation, to withdraw from development any planned Marina building.
E. The use of Boat Slips in the Marina is to be granted to Owners of Living Units in the Community. Because such rights to use the Boat Slips are more in the nature of easements than licenses, the Declarant desires to change the Declaration to reflect these rights as easements rather than irrevocable licenses.
F. Section 17.2 of the Declaration reserves to the Declarant the right, among other things, to amend the Declaration as the Declarant may deem necessary or desirable to reflect changes in the Community Plan and the Marina Plan.
G. Section 17.3 of the Declaration reserves to the Declarant a power of attorney to execute on behalf of all contract purchasers, Owners, Mortgagees, and other lienholders or parties claiming a legal or equitable interest in any Living Unit or Community Property, any such agreements, documents, amendments or supplements to the Declaration made in accordance with Section 17.2 of the Declaration.
H. The Declarant desires to amend the Declaration to reflect changes in the Marina Plan, to reflect that use of the Boat Slips by Owners shall be granted by easements, and to otherwise reflect use and operation of the Marina as set forth in this Amendment.
NOW, THEREFORE, in consideration of the foregoing recitals, each of which is incorporated into and made a substantive part of this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Declarant hereby amends the Declaration as follows on behalf of all contract purchasers, Owners, Mortgagees, and other lienholders or parties claiming a legal or equitable interest in any Living Unit or Community Property:
1. Capitalized terms used in this Amendment but not defined in this Amendment have the meanings set forth for them in the Declaration.
2. All references to the “Marina Plan” in the Declaration and other Governing Documents shall mean and refer to the Revised Marina Plan, as it may be amended or modified from time to time. Exhibit “B” attached to the Declaration is deleted in its entirety and replaced with the Revised Marina Plan. A copy of the Revised Marina Plan is attached hereto and made a part hereof as Exhibit “B”.
3. Exhibit “C-l” attached to the Declaration is deleted in its entirety and replaced with Exhibit “C-l” attached hereto.
4. Exhibit “C-2” attached to the Declaration is deleted in its entirety and replaced with Exhibit “C-2” attached hereto.
5. All references in the Declaration and the Governing Documents to “Boat Slip License” are deleted and replaced with “Boat Slip Easement”.
6. All references in the Declaration and the Governing Documents to “Marina Licensee” are deleted and replaced with “Boat Slip Grantee”.
7. Article 16 of the Declaration is deleted in its entirety and replaced with the following:
ARTICLE 16: MARINA
Section 16.1. Ownership and Operation of the Marina. It is intended that the Marina located within the Community will be conveyed by the Declarant to the Association as Community Property at such time as the Declarant deems appropriate, in Declarant’s sole discretion. The Board of Directors may elect for the Marina to be operated by a third party operator pursuant to a lease, license or other agreement between the Association and such third party operator, if the Board of Directors determines it would be in the best interests of the Marina for it to be operated by a third party. Otherwise, the Marina shall be operated by the Association through the Board of Directors or the Association’s Management Agent.
Section 16.2. Declarant’s Right to Amend the Marina Plan. The Declarant may, in its sole discretion but subject to the Boat Slip Easements, amend the Marina Plan from time to time including, without limitation, changing the number of Boat Slips within the Marina and any features and facilities that comprise the Marina, including withdrawing from development any planned Marina building or other improvements within the Marina.
Section 16.3. Marina as Exclusive Community Property and a Local Area. Except as otherwise set forth below, (i) the Marina is hereby designated as Exclusive Community Property for the use and benefit of Owners who are Boat Slip Grantees and such other persons as may from time to time be granted rights to use the Marina by the Declarant or the Board of Directors and (ii) the Marina is further designated as a Local Area for the benefit of Boat Slip Grantees. Boat Slip Grantees are authorized to form a Local Area Committee with respect to the Marina in accordance with the provisions of Article 9 of this Declaration. Boat Slip Grantees shall be subject to Local Area Assessments for costs related to the maintenance and operation of the Marina that are deemed Local Area Expenses. Such Local Area Expenses shall commence upon the date that authorization to use the Marina and Boat Slips has initially been obtained from the appropriate governmental authorities. Notwithstanding the foregoing provisions of this Section 16.3, nothing shall prevent the Declarant or the Board of Directors, in their sole discretion but subject to the Boat Slip Easements, from excluding portions of the Marina from the Exclusive Community Property and Local Area designations set forth in this Section 16.3 and allowing for the general use of such portions of the Marina by all Owners and designating costs related to the maintenance and operation of any such general use areas as Common Expenses which may be paid for through Annual Assessments.
Section 16.4. Boat Slip Easements. Easements for use of the Boat Slips located within the Marina shall be granted exclusively to Owners and, unless otherwise approved in writing by the Board of Directors, Boat Slips shall be used solely by such Owners. Such easement for a Boat Slip is referred to in this Declaration as a “Boat Slip Easement”. Each Owner of a Living Unit benefited by a Boat Slip Easement is referred to in this Declaration as a “Boat Slip Grantee”. Boat Slip Easements may be transferred to other Owners and shall otherwise be subject to the provisions of this Article 16.
(a) Only Owners may be granted or assigned Boat Slip Easements. Each Boat Slip Easement shall be appurtenant to and run with title to the Living Unit of its respective Boat Slip Grantee. No Owner shall hold more than one (1) Boat Slip Easement unless otherwise approved in writing (i) by the Board of Directors or (ii) by the Declarant until conveyance of the Marina to the Association by the Declarant.
(b) The Declarant shall have the right, in its sole discretion but subject to the express limitations of this Section, to grant to Owners the initial Boat Slip Easements for all Boat Slips, regardless of whether the Declarant owns the Marina or has transferred title to the Marina to the Association. The Declarant may grant any Boat Slip Easement for such consideration as the Declarant deems appropriate, in its sole discretion. All monies and any other consideration received by the Declarant for Boat Slip Easements shall be for the Declarant’s own account and not for the benefit of the Association, any Owner, or any other party. The initial grant of a Boat Slip Easement for each Boat Slip shall be made by the Declarant substantially in the form attached hereto and made a part hereof as Exhibit “C-l” and shall be recorded among the Land Records.
(c ) Any Boat Slip Grantee shall have the right to assign its Boat Slip Easement to another Owner for such consideration as the parties to such assignment may agree to. Upon any such assignment, the Boat Slip Easement being assigned shall thereafter be appurtenant to and run with title to the Living Unit of the assignee and shall no longer be appurtenant to or run with title to the Living Unit of the assignor. Such assignment shall be substantially in the form attached hereto and made a part hereof as Exhibit “C-2” and shall be recorded among the Land Records.
(d) Any grant or assignment of a Boat Slip Easement shall be consented to in writing by the Association. Until conveyance of the Marina to the Association by the Declarant, any assignment of a Boat Slip Easement shall also require the written consent of the Declarant. Such consent may only be withheld by the Association or the Declarant if either party to the grant or assignment (i) is delinquent in the payment of financial obligations to the Association or the payment of any Marina fee due to the Association or other operator of the Marina, or (ii) is in violation of any rules or regulations governing the Marina. The Association may charge a reasonable administrative fee for processing assignments of Boat Slip Easements.
(e) Each Boat Slip Grantee’s right to use a Boat Slip shall be subject to (i) all governmental laws, regulations and permits applicable to the Marina, (ii) the Association’s rights and obligations to maintain the Marina, including the Boat Slips, and (iii) Community Codes and other rules and regulations of the Marina as more particularly addressed in Section 16.5.
Section 16.5. Marina Rules and Regulations. Users of the Marina shall be subject to such Community Codes and other rules and regulations as may be promulgated with respect to the Marina from time to time by the Board of Directors, the Declarant, and/or any third party operator of the Marina. Each Boat Slip Grantee’s use of the Marina shall be further subject to the Boat Slip Grantee’s payment of Local Area Assessments with respect to the Marina and such other user fees as may be established from time to time by the Board of Directors or any third party operator of the Marina, provided that the Board of Directors shall have the right to approve any Marina user fee established by such third party operator. The Board of Directors may suspend a Boat Slip Grantee’s right to use his or her Boat Slip if the Boat Slip Grantee is in violation of any rules or regulations governing the Marina or is delinquent in the payment of any Assessment to the Association or the payment of any Marina fee due to the Association or other operator of the Marina. Non-use of a Boat Slip shall not excuse a Boat Slip Grantee’s obligation to pay Local Area Assessments and other Marina fees assessed against the Boat Slip Grantee.
Section 16.6. Marina Easements and Restrictions. It is intended that the Property will be subject to a certain Declaration of Easements and Restrictive Covenants with respect to the Marina recorded or to be recorded among the Land Records (the “Marina Covenants”, as the same may be amended from time to time). The Marina Covenants establish or will establish certain easements and restrictions pertaining to the Marina and the Living Units surrounding the Marina, including, without limitation, a prohibition on chartered boats, fishing boats, or any other boats primarily used for commercial purposes, and limitations on (a) the number of boats that may be moored at the community piers within the Marina, (b) the number of boats that may be moored at the perimeter of the Marina, and © the number of boats that shall be provided access to the Marina boat ramp. The Marina Covenants also provide for shoreline maintenance obligations of the Association and a fifteen-foot (15’) wide perpetual, nonexclusive easement at the shoreline of the Marina on lots and/or Community Property adjoining the Marina for purposes of maintenance of the shoreline. This Declaration may be made subject and subordinate to the Marina Covenants by the Declarant, in its sole discretion, and the Declarant shall have the right to record such instruments as may be necessary to evidence such subordination without the consent or joinder of any Owner, Mortgagee or any other party. Upon conveyance of the Marina to the Association, the Association shall comply will all governmental regulations and requirements regarding the Marina, including, without limitation, (i) the provisions of the Marina Covenants, (ii) Wetlands License No. 89-1273 issued by the Maryland Board of Public Works, Wetlands Administration, (iii) Water Quality Certification 89-Q-0939 issued by the Maryland Department of the Environment, and (iv) U.S. Army Corps of Engineer Permit No. 89-1863-1, as any of the foregoing may be amended from time to time. The Association shall maintain the Marina so as to allow for release, at the earliest possible time, of any bonds posted by the Declarant with respect to the Marina.
Section 16.7. Boat Slip Taxes. Each Boat Slip Grantee shall be responsible for the payment of any property taxes or other taxes levied with respect to his or her Boat Slip. Any taxes for the Boat Slips levied against the Marina as a whole shall be paid pro-rata by the Boat Slip Grantees. In no event shall the Association be responsible for any such taxes. All such taxes may be collected by the Association from the Boat Slip Grantees to the same extent as any other Assessment.
Section 16.8. Marina Parking. In accordance with the terms and provisions of this Declaration and the Bylaws, the Association may from time to time enact and amend parking rules and regulations related to the parking areas located within or otherwise serving the Marina, including, without limitation, reserving parking spaces for the use of Boat Slip Grantees and other persons.
Section 16.9. Marina Capital Contribution. An Assessment in the amount of One Thousand Dollars ($1,000.00) shall be paid by the initial Boat Slip Grantee of each Boat Slip upon execution of the Boat Slip Easement (the “Marina Capital Contribution”). The Marina Capital Contribution is established to assist with the initial funding of the operation of the Marina and shall be in addition to all other Assessments related to the Marina, shall not be considered an advance payment of such Assessments, and is non-refundable. The Association may, but shall not be obligated to, collect a reasonable capital contribution in addition to the Marina Capital Contribution which would be payable by an assignee of a Boat Slip Easement upon any assignment of a Boat Slip Easement.”
8. In the event of any conflict between this Amendment and the Declaration, the terms and provisions of this Amendment shall control. All terms and provisions of the Declaration as modified by this Amendment are in full force and effect.
9. If any term or provision of this Amendment is invalid or unenforceable for any reason, the remaining terms and provisions of this Amendment shall remain in full force and effect.
10. This Amendment shall be construed and enforced in accordance with the laws of the State of Maryland, and shall become effective upon its recordation among the Land Records.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the Declarant has executed this Amendment as of the day and year first written above on behalf of itself and on behalf of all contract purchasers, Owners, Mortgagees, and other lienholders or parties claiming a legal or equitable interest in any Living Unit or Community Property.
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