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.
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
All that certain land an premises, tract or parcel, situate in the City of Atlantic City, County of Atlantic Country, and State of New Jersey, bounded and described according to a survey by Robert J, Catalano & Associates as follows:
All that certain land and premises, tract or parcel, situate in the City of Atlantic City, County of Atlantic County and State of New Jersey, bounded and described as follows: Beginning in the southwesterly line of New York Avenue (50 Wide) at the intersection of the southeasterly line of Westminister Avenue (23 Wide), said beginning point being 913 southeastwardly of the southeasterly line of Pacific Avenue, and thence extending by true meridian courses,
(1) S27 31 07 E,Along said south west line ofNew York Avenue, 383.875 to the interior line of public park, and northwest line of boardwalk right of way, thence
(2) S78 51 05 W, Along Said interior line of public park and boardwalk right of way, 125.267 to a point, thence
(3) N27 3l 07 W, Parallel with New York Ave., 247.581, thence
(4) N62 28 53 E, Parallel with Pacific Ave., 16.266 to an Old Division Line, thence
(5) N29 34 19 W, Along same, 1.00 thence
(6) N62 28 53 E, Parallel with Pacific Ave., 1.02 Î, thence
(7) N29 34 49 W, 50.03, thence
(8) S62 28 53 W, Parallel with Pacific Avenue, 1.01 to aforementioned Old Division Line, thence
(9) N29 34 19 W, Along same, 50.03 to aforementioned S.E. line of Westminister Avenue, thence
(10) N62 28 53 E, Along same 107,505 to the point and place of beginning Containing 42, 491.0 square feet.<
ARTICLES OF INCORPORATION
OF
THE ATLANTIC PALACE CONDONMINIUM ASSOCIATION
The undersigned, of full age, have this day voluntarily associated themselves together in accordance themselves together in accordance with New Jersey Statues, Title 15A, Chapter 1, et seq., for the purpose of forming a corporation not for profit, and do hereby adopt the following Articles of Incorporation for such purposes.
ARTICLE I
The name of the corporation is the Atlantic Palace Condominium Association, Inc. (hereinafter, the Association). depend
ARTICLE II
The corporation is a corporation not for profit.
ARTICLE III
The period of the corporationâs duration is perpetual.
ARTICLE IV
The purpose for which the corporation is formed is to administer, manage and operate the common affairs of the unit owners of the Atlantic Palace, a Condominium, and to exercise each of the powers and to perform each of the duties and obligations of the Association as set forth and described in that certain Master Deed recorded or intended to be recorded in the Office of the Clerk of Atlantic County, which Master Deed is incorporated herein as if set forth in full. In addition, the Association shall have and exercise any and all powers, rights and privileges which a corporation organized under the Non-Profit Corporation law of the State of new Jersey now has or may subsequently have or exercise.
ARTICLE V
The name and address of the registered agent of the corporation, upon whom process against the corporation may be served is Grace Botthof, Dover Avenue at the Boardwalk, Atlantic City, New Jersey 08401.
ARTICLE VI
The affairs of the Association shall be managed by a Board of Trustees, which shall, unless changed by the Associationâs By-Laws, be comprised of five (5) persons. The names and addressees of the persons who shall act in the capacity of Trustees until selection of their successors are as follows:
NAME ADDRESS
H. B. Munn Jr.
1400 Main Street
President
Columbia, South Carolina 29201
Anne Harden
1400 Main Street
Vice President
Columbia, South Carolinas 29201
Richard W. Payton
1400 Main Street
Secretary-Treasurer
Columbia, South Carolina 29201
Patrick L. Tomlin
1400 Main Street
Columbia, South Carolina 29201
Billy J. Bobo
1400 Main Street
Columbia, South Carolina 29201
ARTICLE VII
The location for the activities and conduct of the Associationâs affairs is New York Avenue at the Boardwalk, Atlantic City, New Jersey 08401
IN WITNESS WHEREOF, for the purpose of forming this non-profit corporation, the undersigned, acting as and constituting the incorporation of the Association have hereunto set our hands and seal this 19th day of February 1987.