Maryland Land Records, Anne Arundel County, Book 4226 Page 241

PDF Version Maryland Land Records Oct 30, 1992 Supplemental Declaration

SUPPLEMENTAL DECLARATION OF
PROTECTIVE COVENANTS, SERVITUDES, AND RESTRICTIONS

THIS SUPPLEMENTAL DECLARATION is made this 30th,day of October, 1992, by BROADVIEW ESTATES COMMUNITY ASSOCIATION, INC., a Maryland corporation (the "Association");

WITNESSETH:

WHEREAS, the Association is the fee simple owner of that certain parcel of real property and marina facility (collectively referred to herein as the "Marina Property") lying and being in the Second District of Anne Arundel County, Maryland, and more particularly described as follows:

ALL that parcel designated as Parcel 1 "Recreation Area" as shown on the plat of Broadview Estates, Section 10, as recorded among the Land Records of Anne Arundel County, in Plat Book 63, Folio 31, containing in all 1.765 acres of land, more or less.

WHEREAS, the Association is the duly formed and existing Homeowners Association of a certain subdivision lying and being in the Second District of Anne Arundel County, Maryland and known as "Broadview Estates", pursuant to a certain Declaration made by PEMA, Inc., a body corporate of the State of Maryland (the "Declarant"), dated May 5, 1982, and recorded among the Land Records of Anne Arundel County, Maryland in Book 3488, Page 247, as amended by a certain Confirmatory Supplemental Declaration of Protective Covenants, Servitudes and Restrictions made by the Surviving Directors of the Declarant, dated December 31, 1986, and recorded among the Land Records of Anne Arundel County, Maryland in Book 4226, Page 241, and by a Supplementary Declaration of Protective Covenants, Servitudes, and Restrictions dated April 6, 1992, and recorded among the Land Records of Anne Arundel County, Maryland (collectively, the "Declaration"), and

WHEREAS, the Association desires to: (i) annex the Marina Property to the real property which has heretofore been subjected to the Declaration, and to subject the Marina Property and any improvements now or hereafter located on the Marina Property to the terms, covenants, conditions and restrictions of the Declaration, which are for the purpose of protecting the value and desirability of the marina Property and the improvements thereon, and (ii) amend the Declaration to add additional provisions for the efficient management and operation of the Marina Property as provided in this Supplemental Declaration, and

WHEREAS, the Association has obtained the consent of at least two-thirds (2/3) of the Class A Members of the Association to amend the Declaration as provided in this Supplemental Declaration, and the execution and acknowledgement of each such Member is contained on this instrument.

NOW THEREFORE, the Association hereby declares:

Section 1. Definitions. Capitalized terms used and not defined herein shall have the same meaning as in the Declaration.

Section 2. Annexation. The Marina Property is annexed to the real property currently subject to the Declaration, and shall be held, sold and conveyed subject to the easements, restrictions, covenants, declarations and conditions set forth in the o Declaration, as the same are expressly modified herein for the purpose of providing for an efficient scheme of management of the Marina Property, which are for the purpose of protecting the value and desirability, and enhancing the attractiveness of the Marina Property, or any part thereof, and their respective heirs, personal representatives, successors and assigns.

Section 3. Amendment of Declaration. To provide for the efficient management and operation of the Marina Property, the Declaration is hereby amended to add the following additional provisions:

A. Member's Right of Enjoyment. The Marina Property includes, inter alia, a pier (the "Pier") and several boat slips (collectively referred to as the "Boat Slips", and individually referred to as a "Boat Slip"). The Boat Slips and each Boat Slip individually shall not be Common Area and shall not be subject to general right or easement of enjoyment of all Members of the Association. The balance of the Marina Property (excluding the Boat Slips), including without limitation the Pier, shall be Common Area , and shall be subject to the general right and easement of enjoyment of all Members of the Association as provided in Article IV of the Declaration.

B. Boat Slip Leases. The Association, through its Board of Directors, shall have the authority to enter into from time to time, leases with the Association's Members for the rental of the Boat Slips (collectively referred to as the "Boat Slip Leases", and individually referred to as a "Boat Slip Lease"). The Boat Slip Leases shall be on such terms and conditions as are acceptable to the Board of Directors of the Association (the "Board of Directors") from time to time.

Each lessee of a Boat Slip must be a Member of the Association. Each Member of the Association who leases a Boat Slip under a Boat Slip Lease shall automatically be a member of the Waterfront Park Committee (the "Waterfront Park Committee").

C. Maintenance of Marina Property. The maintenance, repair and operation of the Pier and Boat Slips shall be borne by the Waterfront Park Committee as provided in the Boat Slip Leases. The general funds of the Association, including without limitation, the Annual Common Area Maintenance Assessments provided for in Article V of the Declaration, shall not be used for maintenance, repair or operation of the Pier or the Boat Slips. The balance of the Marina Property (excluding the Pier and the Boat Slips) shall be maintained, repaired and operated by the Association as a Common Area.

Notwithstanding the foregoing, any Boat Slip or Boat Slips not subject to a Boat Slip Lease, shall be maintained and repaired by the Association as a Common Area; for any such Boat Slip or Boat Slips, the Association shall share in the maintenance, repair and operation of the Pier and Boat Slips on the same basis as each member of the Waterfront Park Committee in accordance with the total number of Common Area Boat Slips. The Board of Directors shall have the authority to designate any Boat Slip or Boat Slips not subject to a Boat Slip Lease as a facility for the benefit, use and enjoyment of all members of the Association, subject to the reasonable rules and regulations established by the Board of Directors, and subject to the Association's continuing right to lease any such Boat Slip from time to time.

D. Management of Marina Property. The Board of Directors shall be empowered to enact reasonable rules and regulations regarding the use, management and operation of the Marina Property, including without limitation, the Pier and the Boat Slips.

The Waterfront Park Committee shall elect, by majority vote of all of its members, a Board of Managers, consisting of three (3) members of the Waterfront Park Committee (the "Waterfront Park Board"). The Waterfront Park Board shall oversee the management and operation of the Pier and the Boat Slips. The duties of the Waterfront Park Board shall include the duty to establish an Annual Budget, Annual Assessments and Special Assessments for the Pier and the Boat Slips for adoption by the Association as provided in the Boat Slip Leases, supervise the repair and maintenance of the Pier and Boat Slips, and generally to supervise the management and operation of the Pier and Boat Slips. The Waterfront Park Board shall periodically report on the management and operation of the Pier and Boat Slips to the Board of Directors in such form and with such frequency as may be reasonably requested by the Board of Directors from time to time. For purposes of this paragraph, each member of the Waterfront Park Committee, including the Association for each Common Area Boat Slip, shall have one (1) vote for each Boat Slip leased. Each member of the Waterfront Park Board shall serve a twelve (12) month term or until his or her successor shall be duly elected and qualified.

Section 4. Miscellaneous. Except as expressly amended herein, the Declaration shall remain in full force and effect, and is hereby ratified and confirmed for all purposes. This Supplemental Declaration may be executed in counterparts, all of which taken together shall be deemed to be one original.

IN WITNESS WHEREOF, the parties hereto affix their hands and seals as of the date first above written.

BROADVIEW ESTATES COMMUNITY ASSOCIATION, INC.

By: Barnett A. Rattner, President

WITNESS:
STATE of MARYLAND
COUNTY OF CHARLES

I HEREBY CERTIFY that on this 26th day of October, 1992, before me, a Notary Public in and for the State and County aforesaid, personally appeared Barnett A. Rattner, President of Broadview Estates Community Association, Inc., known to me or satisfactorily proven to be the person whose name is affixed to the foregoing instrument, and being authorized to do so, acknowledged the foregoing to be his act and deed in such capacity for the purposes therein contained.

Notary Public
My Commission Expires: 6-1-93

PDF Version Maryland Land Records Oct 30, 1992 Supplemental Declaration