ARTICLES OF INCORPORATION                              

STATE OF FLORIDA

DEPARTMENT OF STATE

I. RICHARD (DICK) STONE, Secretary of State of the State of Florida, do hereby

Certify that the following is a true and correct copy of

CERTIFICATE OF INCORPORATION

Of

DAYTONA BEACH RIVERHOUSE, INC.

A corporation not for profit, originating and existing under the laws the of state of Florida, filed on the 19th day of October, A.D, 19 73 as shown by the records of this office.

GIVEN under my hand and the Great Seal of the State of Florida, at Tallahassee the Capital, this the 19th day of October, A.D. 1973

SECRETARY OF STATE

 

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CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE SERVICE OF PROCESS WITHIN THIS STATE, NAMING AGENT UPON WHICH PROCESS MAY BE SERVED.

In pursuance of Chapter 48.091, Florida Statutes, the following is submitted, in compliance with said Act:

First—That DAYTONA BEACH RIVERHOUSE, INC.________________ desiring to organize under the laws of the State of Florida with its principal office, as indicated in the articles of incorporation at City of ____Daytona Beach______County of Volusia , State of Florida__________ has named Daniel Melnick located at 2800 North Atlantic Avenue, Daytona Beach, Florida

(Street address and number of building,

Post office box address not acceptable)

City of Daytona , County of Volusia, accept service of process within this state.

ACKNOWLEDGEMENT: (MUST BE SIGNED BY DESIGNATED AGENT)

Having been named to accept service of process for the above stated corporation, at place designated in this certificate, I hereby accept to act in this capacity, and agree to comply with the provision of said act relative to keeping open said office.

 

By Daniel Melnick

(Resident Agent)

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ARTICLES OF INCORPORATION

OF

DAYTONA BEACH RIVERHOUSE INC.

(A Non-Profit Florida Corporation)

ARTICLE I

Name and Location

Section 1. The name of this corporation shall be DAYTONA BEACH RIVERHOUSE, INC., a non-profit corporation, and the principal office shall be in Daytona Beach, Volusia County, Florida. The address of the corporation is 715 South Beach Street, Daytona Beach, Florida, and the legal description of the land on which the hereinafter mentioned condominium The Riverhouse Apartments Condominium is built Is described as follows. Co-wit: SEE Exhibit "A" attached hereto and made a part hereof.

ARTICLE II

Purposes

Section 1. The purposes for which this corporation is formed are as follows:

a) To perform all of the acts and duties as are normally performed by a multi-family complex manager, as to the property Included In the Declaration of Restrictions, Reservations, Covenants, Conditions and Easements covering The Riverhouse Apartments Condominium, a condominium of Volusia County, Florida, and such acts and duties shall Include, but are not limited to, the following:

(1) To establish and collect assessments from the members for the purpose of operating, maintaining, repairing, improving, and administering said property and each member's interest In that property, and to collect and enforce liens for such assessments, by suit, if necessary.

(2) To provide from the proceeds of the assessments for the operation, administration, maintenance, repair. Improvements, replacement, insurance and utilities for said property and to purchase and maintain such personal and real property as provided in the By-Laws.

 

b) To carry out the obligations and duties required of the corporation and accept the benefits and privileges conferred upon It by the Declaration of Restrictions, Reservations, Covenants, Conditions and Easements, The Riverhouse Apartments Condominium, and to receive the rights given the Corporation by that Declaration or by separate conveyance.

c) To accomplish the foregoing purposes, the corporation shall have all corporate powers permitted under Florida law.

Section 2. No part of the income of this corporation shall be distributed to its members, directors or officers.

Section 3. The corporation shall have a lien on all family and business units to guarantee performance for the payment of all charges and the performance of all covenants under the terms and conditions of these Articles of Incorporation and the By-Laws, provided, however, said lien shall be subordinate and inferior to any recorded institutional first mortgage as provided in Section 5, entitled “Assessments”, in said Declarations of Restrictions, Reservations, Covenants, Conditions and Easements, The Riverhouse Apartments Condominium.

ARTICLE III

Qualification of Members and Manner of Their Admission

Section 1. All persons owning a vested present interest evidenced by the recordation of a proper instrument in the public records of Volusia County, Florida, in the fee title to any of the Units shown on the plot plans attached as exhibits to the Declaration of Restrictions, Reservations, Covenants, Conditions and Easements, The Riverhouse Apartments Condominium, Volusia County, Florida, shall automatically become members, and their memberships shall automatically terminate when they no longer own such interest.

Section 2. Owners of each unit shall collectively be entitled to one (1) vote, except where a condominium unit is owned by the managing corporation, no vote shall be allocated for such condominium unit.

Section 3. There shall not be more than 189 voting members at any one time and each may cast one vote.

ARTICLE IV

Term of Existence

Section 1. This corporation shall have perpetual existence.

ARTICLE V

Names and Residences of Subscribers

Section 1. The names and residences of the subscribers are is Follows:

Name Post Office Address

Daniel Melnick 2800 North Atlantic Avenue

Daytona Beach, Florida

Robert I. Melnick 2800 North Atlantic Avenue

Daytona Beach, Florida

Melvin A. Robinson 2800 North Atlantic Avenue

Daytona Beach, Florida

 

ARTICLE VI

Management and Time of Election

Section 1. The affairs and property of this corporation shall be managed and governed by a Board of Directors composed of seven (7) members.

Section 2. Directors shall be elected by the voting members In accordance with the By-Laws at the regular annual meeting of the membership of the corporation to be held at 8:00 P.M. on the second Monday In January in each year.

Section 3. All officers shall be elected by the board of Directors in accordance with the By-Laws at the regular annual meeting of the Board of Directors on the second Monday in January in each year, to be held immediately following the annual meeting of the membership. The Board of Directors shall elect from among the members a President, Vice President, Secretary and Treasurer, and such other officers as it shall deem desirable.

ARTICLE VII

Names of Officers

Section 1. The names of the officers who shall serve until the first election are as follows:

Office Name Post Office Address

President Melvin A. Robinson 2800 North Atlantic Avenue

Daytona Beach, Florida

Vice President Robert I. Melnick 2800 North Atlantic Avenue

Daytona Beach, Florida

Secretary Daniel Melnick 2800 North Atlantic Avenue

Daytona Beach, Florida

Treasurer Daniel Melnick 2800 North Atlantic Avenue

ARTICLE VIII

Board of Directors

Section 1. The following three (3) shall constitute the first Board of Directors. Said first Board of Directors may appoint three (3) successors to serve as interim Board of Directors until the first election of the Board of Directors at the first regular annual meeting of the members.

Name Post Office Address

Melvin A. Robinson 2800 North Atlantic Avenue

Daytona Beach, Florida

Robert I. Melnick 2800 North Atlantic Avenue

Daytona Beach, Florida

Daniel Melnick 2800 North Atlantic Avenue

Daytona Beach, Florida

 

ARTICLE IX

By-Laws

Section 1. The By-Laws of this corporation may be made, altered, amended or rescinded by recording such modification in the Public Records of Volusia County, Florida, signed by all of the owners of 142 or more units and by all owners and holders of first mortgage liens on any units.

 

ARTICLE X

Amendment of Articles of Incorporation

Section 1. Any 35 members of the corporation may propose amendments to the Articles of Incorporation, provided, however, that an affirmative vote of 51% of the qualified voting members of the corporation shall be necessary to adopt such proposed amendments.

WITNESS the hands and seals of the incorporators in Volusia County, State of Florida, this 11th day of October, A.D., 1973.

 

(Seal) 2800 N. Atlantic Ave. – Daytona Beach, Fla.

Melvin R. Robinson

(Seal) 2800 N. Atlantic Ave. – Daytona Beach, Fla.

Robert I. Melnick

(Seal) 2800 N. Atlantic Ave. – Daytona Beach, Fla.

Daniel Melnick

 

EXHIBIT "A"

Part of a tract of land lying Easterly of Block 60, Higbee’s Daytona, "as recorded in Deed Book "L", page 704, the subject tract recorded in Deed Book 575, pages 472 and 473, and/or Official Record Book 7, parcels 556 and 557, all as being recorded in the public records of Volusia County, Florida, being more particularly described as follows:

From a reference point, being a point in the east line of Beach Street (a 50 ft. street at date of deed, 10 December, l956) in the Higbee Addition to Daytona, Florida, at a point where the said East line of Beach Street is intersected by the South line of Lot 1, Block 60, of Higbee's Addition to Daytona, produced Easterly; thence Easterly and along the line of the South line of Lot 1, Block 60, Higbee's Addition, produced Easterly, in a course of N 65° 36' 10" E., a distance of 660.0 ft. to the POINT OF BEGINNING: thence continue N. 65° 36' 10" E. along said Easterly extended line, a distance of 507 ft. to the West side of the Halifax River, being a point in an existing seawall; thence S. 50° 15'E., along the West side of the Halifax River, a distance of 504.0 ft; thence still along the west side of the Halifax: River, in a course of S. 4'0° 41 E., a distance of 146 ft. to a point where the North line of Bellevue Avenue (a 50 ft. Street) produced easterly, intersects the West side of the Halifax River, (said Bellevue Avenue extension being recorded in Map Book 26, page 35, Public Records of Volusia County, Florida); thence S. 65° 33' W. along said North line of Bellevue Avenue extension, a distance of 765 ft. to a point therein, thence Northerly at right angles, a distance of 594 ft. more or less, to the POINT OF BEGINNING, together with any and all riparian and littoral rights appertaining thereto; the described Section 1 having the right of ingress and egress over and through two 20 ft. wide easements for access to and from Beach Street aforesaid, described as follows:

Descriptions of two 20 ft. wide right-of-way easements in part of a Tract of Land lying Easterly or Block 60, Higbee's Daytona, as recorded in Deed Book "L", page 704, the subject tract being recorded in Deed Book 575, pages 472 and 473 and/or Official Records Book 7, pages 556 and 557, ail as being recorded in the public records of Volusia County, Florida, more particularly described as follows:

Continued on next page:

 

 

 

 

 

 

1718 0141 BOOK PAGE

EXHIBIT "A" CONTINUED

Parcel 2-A:

All land lying within 10 ft. both sides at right angles or radially from the following described center line:

From a reference point, being a point in the East line on Beach, Street (a 50 ft. street at date of deed, 10 December 1956) in the Higbee Addition to Daytona, Florida, at a point where the said East line of Beach Street is intersected by the South line of Lot 1, Block 60, Higbee’s Addition to Daytona, produced Easterly; thence Easterly along said South line of Lot 1, Block 60, produced easterly; N. 65 36’ 10" E., a distance of 15.0 ft. to a point therein; thence S. 19 45' 30" E., along the East line of said Beach Street, a distance of 525.52 ft. to a point therein; thence continuing along the said East line on Beach Street, S. 6° 34’ E., a distance of 3.68 ft. to the POINT OF BEGINNING: thence N. 65° 33’ E., parallel to the North line of Bellevue Avenue extension, as recorded in Map Book 26, Page 35, Public Records of Volusia County, Florida, a distance of 149.68 ft. to the point of curve of a curve to the right having a radius of 354 ft.; thence along said curve, for an arc length of 89.52 ft. and/or a central angle of 14° 29' 20" to the point of tangency thereof; thence N. 80° 02' 20" E., along said tangent, a distance of 53.0 ft. to the point of curve of a curve to the left having a radius of 354 ft.; thence along said curve to the left, for curve arc length of 89.52 ft. and/or a central angle of 14° 29' 20" : to the point of tangency thereof; thence N. 65° 33'E and parallel to the aforesaid North line of Bellevue Avenue Extension, a distance of 320.19 ft. to the Easterly line of the herein described Section 2, said point being the end of the described center line.

Parcel 2-B:

All land lying within 10 ft. on both sides at right angles to the following described center line:

From a reference point, being a point in the East line of Beach Street (a 50 ft. Street at date of deed, 10 December, 1956) in the Higbee Addition to Daytona, Florida, at a point where the said East line of Beach Street is intersected by the South line of Lot 1. Block 60, of Higbee's Addition to Daytona, produced Easterly thence Easterly and along said South line of Lot 1, Block 60, produced Easterly, N.65°

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33’E., a distance of 15.9 ft to a point therein; thence S. 19° 45’

30”E., and along the said East line of Beach Street, a distance of 34.11 feet to the POINT OF BEGINNING thence N. 65° 36’ 10"E., parallel to the aforesaid south line of Lot 1, Block 60, Higbee's extended Easterly a distance of 652 ft more or less, to the Easterly line of the herein described Section 2, said point being the end of the described center line.

 

17180142 BOOK PAGE

EXHIBIT D

Part of a tract of land lying Easterly of Block 60, Higbees' Daytona, as recorded in Deed Book "L", page 704, the subject tract recorded in Deed Book 575, pages 472 and 473, and/or Official Record Book 7, pages 556 and 557, all as being recorded in the public records of Volusia County, Florida, being more particularly described as follows:

From a reference point, being a point in the east line of Beach Street (a 50 ft. street at date of deed, 10 December, 1956), in the Higbee Addition to Daytona, Florida, at a point where the said East line of Beach Street is intersected by the South line of Lot 1, Block 60, of Higbee's Addition to Daytona, produced Easterly; thence Easterly; and along the line of the South line of Lot 1, Block 60, Higbee's Addition, produced Easterly in a course of N. 65° 36' 10" E., a distance of 668.0 ft. to the POINT OF BEGINNING: thence continue N. 65° 36' 10" E. along said Easterly extended line, a distance of 507 ft. to the West side of the Halifax River, being a point in an existing seawall; thence S. 50° 15'E., along the West side of the Halifax River, a distance of 504.0 ft; thence still along the west side of the Halifax River, in a course\of S. 40° 41'E., a distance of 146 ft. to a point where the North line of Bellevue Avenue (a 50ft. street) produced easterly, intersects the West side of the Halifax River, (said Bellevue Avenue extension being recorded in Map Book 26, page 35,

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Public Records of Volusia County, Florida); thence S. 65° 33'W. along said North line of Bellevue Avenue extension, a distance of 765 ft. to a point therein, thence Northerly at right angles, a distance of 594 ft. more or less, to the POINT OF BEGINNING, together with any and all riparian and littoral rights appertaining thereto; the described Section 1 having the right of ingress and egress over and through two 20 ft. wide easements for access to and from Beach Street aforesaid, described as follows:

Descriptions of two 20 ft. wide right-of-way easements in part of a Tract of Land lying Easterly of Block 60, Higbee's Daytona, as recorded in Deed Book "L", page 704, the subject tract being recorded in Deed Book 575, pages 472 and 473 and/or Official Records Book 7, pages 556 and 557, all as being recorded in the public records of Volusia County, Florida, more particularly described as follows:

Continued on next page:

 

11 7 I 8 0143 BOOK PAGE

EXHIBIT D. continued

Parcel 2-A:

All land lying within 10 ft. both sides at right angles or radially from the following described center-line: From a reference point, being a point in the East line of Beach Street (a 50 ft. street at date of deed, 10 December, 1956) in the Higbee Addition to Daytona, Florida, at a point where the said East line of Beach Street is intersected by the South line of Lot 1, Block 60, Higbee’s Addition to Daytona, produced Easterly; thence Easterly along said South line of Lot 1, Block 60, produced easterly; N. 65 36' 10" E., a distance of 15.9 ft. to a point therein; thence S. 19 45’ 30" E., along the East line of said Beach Street, a distance of 525.52 ft. to a point therein; thence continuing along the said East line of Beach Street, S. 6° 34'E., a distance of 3.68 ft. to the POINT OF BEGINNING: thence N. 65° 33" E., parallel to the North line of Bellevue Avenue extension, as recorded in Map Book 26, page 35, Public Records of Volusia County, Florida, a distance of 149.68 ft. to the point of, curve of a curve to the right

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having a radius of 354 ft.; thence along said curve, for an arc length of 89.52 ft. and/or a central angle of 14° 29' 20" to the point of tangency thereof; thence N. 80° 02' 20" E., along said tangent, a distance of 53.0 ft. to the point of curve of a curve to the left having a radius of 354 ft.; thence along said curve to the left, for an arc length of 89.52 ft. and/or a central angle of 14° 29' 20" : to the point of tangency thereof; thence N. 65 33 E. and parallel to the aforesaid North line of Bellevue Avenue Extension, a distance of 320.19 ft. to the Westerly line of the herein described Section 1, said point being the end of the described center line.

Parcel 2-B

All land lying within 10 ft. on both sides at right angles to the following described center line:

From a reference point, being a point in the East line of Beach Street (a 50 ft. Street at date of deed, 10 December, 1956) in the Higbee Addition to Daytona, Florida, at a point where the said East line of Beach Street is intersected by the South line of Lot 1. Block 60, of Higbee's Addition to Daytona, produced Easterly; thence Easterly and along said South line of Lot 1, Block 60, produced Easterly, N. 65° 33' E., a distance of 15.9 ft. to a point therein; thence S. 19° 45' 30" E., and along the said East line of Beach Street, a distance of 34.11 feet to the POINT OF BEGINNING: thence N. 65° 36' 10" E. parallel to the aforesaid South line of Lot 1, Block 60, Higbee's extended Easterly a distance of 652 ft. more or less, to the Westerly line of the herein described Section 1, said point being the end of the described center line.

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Un-official re-typed copy Version 2003 A1

 

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