MASTER DEED
CREATING AND ESTABLISHING
THE ATLANTIC PALACE
A CONDOMINIUM
Prepared by:
H.B. Munn, Jr.
Vice President, Development
U. S. Capital Corporation
MASTER DEED
THE ATLANTIC PALACE, A CONDOMINIUM
TABLE OF CONTENTS
ARTICLE I • Page 1
Definitions
ARTICLE II • Page 4
Special Provision for the State of
New Jersey Department of Community Affairs
ARTICLE III • Page 6
Property Rights
ARTICLE IV • Page 12
Assessments
ARTICLE V • Page 15
The Atlantic Palace Condominium Association
ARTICLE VI • Page 18
Easement and Restrictions
ARTICLE VIII • Page 20
Use, Occupancy and Maintenance
ARTICLE IX • Page 24
Certain Rights of Developer
ARTICLE X • Page 27
Reconstruction or Repair of Casualty Damage
ARTICLE XI • Page 28
Insurance
ARTICLE XII • Page 33
Eminent Domain; Obsolescence
ARTICLE XIII • Page 34
Termination of Condominium
ARTICLE XIV • Page 35
Amendment of Master Deed
ARTICLE XV • Page 35
Provision for the Benefit of Institutional Mortgage Lenders
ARTICLE XVI • Page 36
Miscellaneous Provisions
EXHIBITS
Exhibit A
Legal Description of the Property
Exhibit C
Graphic Description of the Condominium
Exhibit D
Unit Percentage Interests
Exhibit F
Articles of Incorporation
R. 2-16-87
MASTER DEED CREATING AND ESTABLISHING
THE ATLANTIC PALACE, A CONDOMINIUM
THIS MASTER DEED, made this 19th day of February, 1987, by RESORT DEVELOPMENT CORPORATION, a Delaware Corporation(Developer), with offices at P.O. Box 11496, Columbia, South Carolina, 29211, and with local offices at 2727 Boardwalk at Iowa, Atlantic City, New Jersey, 08401.
W I T N E S S E T H:
WHEREAS, Developer is the owner in fee simple of all that certain lot, tract and parcel of land situated, lying and being in the City of Atlantic City, County of Atlantic and State of New Jersey,bounded and described in Exhibit A attached hereto and made a parthereof by this reference thereto (hereinafter, the Propertyä); and
WHEREAS, Developer intends to establish and create a condominium form of ownership of the Property, together with improvements to be constructed, in accord and with and subject to the Condominium Act, R.S. 46:8B-1, et seq. (hereinafter, the Condominium Act), under the name of The Atlantic Palace, a Condominium (hereinafter The Condominium);
NOW, THEREFORE, Developer does hereby submit the Property to the provisions of the Condominium Act, and hereby publishes its plan for the division of the Submitted Property and the imposition of conditions, restrictions, reservation, thereof, and Developer hereby specifies that his Declaration of Condominium and the declarations herein shall constitute convenants, conditions, reservations, and restrictions which shall run with the Submitted Property and shall bind and inure to the benefit of the Developer, its successors and assigns and all subsequent owners of any interests in the Submitted Property, their grantees, successors,
heirs, executors, administrators, legatees and/or assigns.
ARTICLE XVI
Miscellaneous Provisions
1. CAPTIONS: Captions used in the Master Deed are inserted solely as a matter of convenience and shall not be relied upon or used in construing the effect or meaning of any of the text of the Condominium Documents.
2. COVENANTS RUNNING WITH LAND: All provisions of the Master Deed, By-Laws and Articles of Incorporation shall be construed to be covenants running with the land and with every part thereof and interest therein including but not limited to every Unit and appurtenances and Common Elements thereto.Ê Every Unit Owner and claimant of Property or any part thereof or interest therein and his heirs, executors, administrators, successors and assigns shall be bound by all the provisions of the Master Deed, By-laws and Article of Incorporation.
3. UNIT TRANSFERS: Any transfer of a Unit shall include all appurtenances thereto whether or not specifically described.
4. SEVERABILITY: The invalidity of any provision of this Master Deed, the Articles of Incorporation or By-Laws of the Association shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of this Master Deed, Article of Incorporation, or said By-Laws which shall continue in full force and as if such invalid provision had never been included therein.
5. WAIVER: No provision contained in this Master Deed shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches that may occur.
6. CONFLICT: Anything to the contrary herein notwithstanding, if any provision of this instrument is in conflict with or in contradiction of the final plans of the Condominium Property, then the latter shall be deemed controlling.
7. GENDER: The use of the masculine gender in this Master Deed shall be deemed to refer to the feminine gender and the use of the singular shall be deemed to refer to the plural, and vice-versa, whenever the context so requires.
8. BINDING EFFECT: This Master Deed shall bind and inure to the benefit of the Developer, its successors or assigns.
9. EXHIBITS: Attached hereto and made a part hereof are the following Exhibits:
Exhibit A – Legal Description of the Property
Exhibit B – Survey
Exhibit C – Graphic Description of the Condominium
Exhibit D – Unit Percentage Interests
Exhibit E – By-Laws
Exhibit F – Articles of Incorporation
Exhibit G – Floor Area of Units
IN WITNESS WHEREOF, the Developer has caused this Master Deed to be executed the day and year first above written.
ATTEST
RESORT DEVELOPMENT CORPORATION
A Corporation of the State of Delaware
By: By: Assistant Secretary Vice President STATE OF South Carolina COUNTY OF RICHLAND
I CERTIFY THAT ON February 19, 1987 H. B. Munn Jr. personally came before me and this person acknowledged under oath, to my satisfaction, that:
(a) this person signed, sealed and delivered the attached document as Vice President of Resort Development Corporation, the corporation named in this document;
(b) the proper corporate seal was affixed; and
(c) this document was signed and made by the corporation as its voluntary act and deed by virtue of the authority from its Board of Directors.
Notary Public for South Carolina
My Commission
Expires: 9/11/94