FIRST AMENDMENT TO MASTER DEED OF

 

GOSHORN LAKE COTTAGE CONDOMINIUMS

 

(Act 59, Public Acts of 1978, as amended)

 

 

Amendment No. 1 to Allegan County Condominium Subdivision Plan No. 157

 

(1) First Amendment to Master Deed of Goshorn Lake Cottage Condominiums.

 

(2) Exhibit B to Amended Master Deed: Replat No. 1 to Subdivision Plan of Goshorn Lake Cottage Condominiums.

(3) Exhibit C to Amended Master Deed: Consent of Mortgagee to First Amendment to Master Deed.

 

 

 

This document is exempt from transfer tax under MCLA 207.505(a) and MCLA.207.526(a).

 

 

This Instrument Drafted By: Nyal D. Deems

Varnum, Riddering, Schmidt & HowlettLLP

Bridgewater Place - P.O. Box 352

Grand Rapids, MI 49501-0352


FIRST AMENDMENT TO MASTER DEED OF

 

GOSHORN LAKE COTTAGE CONDOMINIUMS

 

 

This First Amendment to the Master Deed is made as of the _____ day of _____________, 2004 by RCNE, INC., a Michigan corporation, of 3581 65th Street, Saugatuck, Michigan (the "Developer"), as stated below.

 

1. Background.

 

(a) Developer created by conversion a resort condominium project known as Goshorn Lake Cottages Condominiums (the "Project"), by Master Deed dated October 25, 2001, recorded at Liber 2148, Pages 692-744 inclusive, Allegan County Records (the Master Deed).

 

(b) Developer desires to amend the Master Deed: (1) by right of the authority reserved in Article VII, Section 7.2(b) of the Master Deed for the purpose of making Goshorn Lake Cottage Condominiums an expandable, contractable and convertible Project, and (2) by right of the authority in Article V, Section 5.3 of the Master Deed to make changes in the number, size, style and/or location of unsold units as shown on the attached Exhibit B.

 

(c) Developer enters into this First Amendment to accomplish the changes described below.

 

2. Master Deed Amendment. The Master Deed is amended as follows:

 

(a) Section 1.1 of the Master Deed is amended to read in full as follows:

 

1.1 Project Description. The Project is a resort condominium. The 23 Condominium Units which will be developed in the first phase of the Project, including the number, boundaries, dimensions and area of each Unit, are shown on the Condominium Subdivision Plan attached as Exhibit B. Each of the Units is capable of individual utilization by reason of having its own entrance from and exit to a common element of the Project.

 

(b) Section 2.1 of the Master Deed is amended to read in full as follows:

 

2.1 Condominium Property. The land which is being submitted to condominium ownership under the provisions of the Act, is located in the Townships of Saugatuck and Laketown, Allegan County, Michigan, and is described as follows:

 

That part of the NE 1/4 of Section 3, T3N, R16W, Saugatuck Township and the SE 1/4 of Section 34, T4N, R16W, Laketown Township, Allegan County, Michigan, described as: Beginning at the North 1/4 corner of said Section 3; thence N884643 W 10.24 feet along the South line of said Section 34 to the South 1/4 corner of said Section 34; thence N004424E 25.00 feet along the N-S 1/4 line of said Section 34 to Reference Point A; thence N004424E 15.00 feet to the waters edge of Goshorn Lake; thence Easterly and Northeasterly 281 feet along said waters edge to its intersection with a line bearing N004424 E from Reference Point B (said Reference Point B being S840449E 80.00 feet and N610536E 184.46 feet from the aforementioned Reference Point A); thence S00 4424W 51 feet to said Reference Pont B; thence S004424W 111.33 feet to the South line of said Section 34; thence S884220E 120.33 feet along the North line of said Section 3 and the South line of said Section 34; thence S000000W 988.04 feet; thence S900000W 350.00 feet to a point on the N-S 1/4 line of said Section 3 being N000000 E 900.40 feet from the North 1/8 corner of said Section 3; thence N000000E 995.95 feet along the N-S 1/4 line of said Section 3 to the Point of Beginning.

 

(c) Section 4.1(b) of the Master Deed is amended to read in full as follows:

 

The private drives, walkways, lawns, yards, trees, shrubs and the foundation, roofs, and exterior perimeter walls of any storage sheds which may be constructed in the Condominium.

 

(d) Section 4.1(k) of the Master Deed is amended to read in full as follows:

 

4.1(k) Office Building and Manager's Building. The office building and the manager's building located on the Condominium Property.

 

(e) Section 4.1(l) of the Master Deed is amended to read in full as follows:

 

4.1(l) Recreational Facilities. The swimming pool, pavilion building, basketball court and such other recreational facilities as the Developer may construct on the Condominium property.

 

(f) Section 4.2(e) of the Master Deed is amended to add the following:

 

The Developer will build storage sheds for the use of Unit Owners. Each shed shall be 200 square feet or less which shall be free standing located on the land between Units marked as General Common Elements at locations selected by the Developer. The interior of each storage shed shall be divided into Limited Common Elements each of which shall be appurtenant to the Unit to which it is assigned for use. No storage sheds shall be constructed for Units 1, 2, 4 and 9.

 

(g) The first sentence of Section 5.2 of the Master Deed is amended to read as follows:

 

5.2 Percentage of Value. The total value of the Project is 100, and the percentage of such value which is assigned to each of the 23 Condominium Units in the first phase of the project shall be equal.

(h) A new Section 6.4 is added to the Master Deed to read in full as follows:

 

6.4 Grant of Easements. Two 33-foot wide nonexclusive easements for ingress, egress and the location of utilities are hereby granted across the Condominium in the locations shown on Sheet 3 and Sheet 4 for the use of the expandable areas marked on Sheet 10 shown as Expandable Area A and Expandable Area B. This easement may also be used by the contractible area, if it is contracted from the Condominium, for use as ingress and egress to the contraction area and for the location of utilities for the contraction area. The easement shown on Sheet 4 also includes the location of the easement created by the agreement recorded at Liber 2134, Page 800 et. seq. of the Allegan County Register of Deeds. The Developer also reserves the right to grant an easement for the use of the recreational facilities in the Project to the occupiers of residences in the Future Development Area, the contraction area if removed from the Condominium. Any such parcel of property granted a right to use the recreation facilities may do so by paying an annual fee to be set by the Association, not to exceed $500 in 2004 or 2005 for each residence located upon a parcel and which fee may increase by not more than 3% per year thereafter.

 

(i) A new Article IX is added to the Master Deed to read in full as follows:

 

Article IX. EXPANDABILITY OF CONDOMINIUM

 

9.1 Future Development Area. The Project established by this Master Deed consists of 23 Condominium Units which may, at the election of the Developer, be treated as the first phase of an expandable condominium under the Act to contain in its entirety a maximum of 30 Units. Additional Units, if any, may be established upon all or some portion of the following described land (the "Future Development Area"):

 

Expandable Area "A":

Part of the NE 1/4 of Section 3, T3N, R16W, Saugatuck Township,  Allegan County, Michigan, described as:  Commencing at the N 1/4  corner of said section; thence S0000'00"W 995.95 feet along the  N-S 1/4 line of said section; thence N9000'00"E 200.00 feet to the Point of Beginning; thence N9000'00"E 150.00 feet; thence S0000'00"E 120.00 feet; thence N9000'00"W 150.00 feet; thence N0000'00"E 120.00 feet to the Point of Beginning. Together with an easement for ingress and egress over that part of the NE 1/4 of said section, described as:  Commencing at the N 1/4 corner of said section; thence S0000'00"W 995.95 feet along the N-S 1/4 line of said section; thence N9000'00"E 33.00 feet to the point of beginning; thence N0000'00"E 33.00 feet; thence N9000'00"E 200.00 feet; thence S0000'00"W 33.00 feet; thence S9000'00"W 200.00 feet to the Point of Beginning.

 

Expandable Area "B":

Part of the SE 1/4 of Section 34, T4N, R16W, Laketown Township, Allegan County, Michigan, described as:  Commencing at the S 1/4 corner of said section; thence S8846'43"E 10.24 feet; thence S8842'20"E 229.76 feet (the  previous 2 courses being along the South line of said section) to the Point of Beginning; thence N0044'24"E 111.33 feet to reference point "A"; thence N0044'24"E 57 feet to the waters edge of Goshorn Lake; thence easterly 115 feet along said waters edge to its intersection with a line bearing N0044'24"E from reference point "B" (said reference point "B" being N6105'36"E 126.56 feet from reference point "A"); thence S0044'24"W 19 feet to reference point "B"; thence S0044'24"W 175.00 feet; thence N8842'20"W 110.00 feet along the South line of said section to the Point of Beginning. Together with an easement for ingress and egress over that part of the NE 1/4 of Section 3, T3N, R16W, Saugatuck Township, Allegan County, Michigan, described as: Commencing at the N 1/4 corner of said section; thence S0000'00"W 334.11 feet along the N-S 1/4 line of said section; thence N9000'00"E 33.00 feet to the Point of Beginning; thence N8247'40"E 69.54 feet; thence S6438'26"E 57.24 feet; thence N9000'00"E 163.29 feet; thence N0000'00"E 342.75 feet; thence S8842'20"E 33.01 feet; thence S0000'00"W 375.00 feet; thence N9000'00"W 203.71 feet; thence N6438'26"W 55.03 feet; thence S8247'40"W 64.07 feet; thence N0000'00"E 33.26 feet to the Point of Beginning.

 

Convertible-Contractible Area:

The property marked as "convertible-contractible area" on Sheet 4 may be added back to the Condominium as a Future Development Area in the event it is contracted and removed from the Condominium.

 

9.2 Addition of Units. The number of Units in the Project may, at the option of the Developer from time‑to‑time within a period ending not later than 6 years after the initial recording of the Master Deed, be increased by up to 7 units by the addition of all or any portion of the Future Development Area and the establishment of Units on that area and in the area marked as convertible-contraction area on Sheet 4. The nature, location, size, types and dimensions of the Units and other improvements to be located within the Future Development Area will be determined by the Developer in its sole discretion. No Unit will be created within any part of the Future Development Area which is added to the Condominium that is not restricted exclusively to residential use.

 

9.3 Expansion Not Mandatory. None of the provisions of this Article will in any way obligate the Developer to enlarge the Project beyond the initial phase established by this Master Deed and the Developer may, in its discretion, establish all or a portion of the Future Development Area as a separate Project (or projects) or as any other form of development. There are no restrictions on the election of the Developer to expand the Project other than as explicitly provided in this Article. There is no obligation on the part of the Developer to add to the Project all or any portion of the Future Development Area nor is there any obligation to add portions in any particular order nor to construct any particular improvements on the added property.

 

 

9.4 Amendment(s) to Master Deed. An increase in the size of the Project by the Developer will be given effect by an appropriate amendment or amendments to the Master Deed, which amendment(s) will not require the consent or approval of any Co‑owner, mortgagee or other interested person. Such amendment(s) will be prepared by and at the sole discretion of the Developer, and shall proportionately adjust the Percentages of Value assigned by Section 5.2 in order to preserve a total value of 100% for the entire Project, with each Unit to have the same Percentage of Value as each other Unit.

 

9.5 Redefinition of Common Elements. The amendment or amendments to the Master Deed made by the Developer to expand the Condominium may also contain such further definitions and redefinitions of General or Limited Common Elements as the Developer may determine to be necessary or desirable in order to adequately describe, serve and provide access to the additional parcel or parcels being added to the Project. In connection with any such amendment(s), Developer will have the right to change the nature of any Common Element previously included in the Project for any purpose reasonably necessary to achieve the intent of this Article, including, but not limited to, the connection of driveways in the Project to any driveways that may be located on or planned for the area of future development, and to provide access to any Unit that is located on or planned for the Future Development Area from the driveways located in the Project.

 

9.6 Additional Provisions. The amendment or amendments to the Master Deed made by the Developer to expand the Condominium may also contain such provisions as the Developer may determine necessary or desirable: (i) to make the Project contractible and/or convertible as to portions of the parcel or parcels being added to the Project; (ii) to create easements burdening or benefiting portions of the parcel or parcels being added to the Project; and (iii) to create or change restrictions or other terms and provisions affecting the additional parcel or parcels being added to the Project or affecting the balance of the Project as may be reasonably necessary in the Developer's judgment to enhance the value or desirability of the Units to be located within the additional parcel or parcels being added.

 

(j) A new Article X is added to the Master Deed to read in full as follows:

 

Article X. CONTRACTABILITY OF CONDOMINIUM

 

10.1 Limit of Unit Contraction. The Project established by this Master Deed consists of 23 Units. The Project may, at the election of the Developer, be contracted to remove the area shown as convertible-contractible area on Sheet 4 of the Subdivision Plan from the Condominium. The pool, pavilion and basketball court are located in this contractible area. No Units are located in the contraction area.

 

 

10.2 Withdrawal of Units. The contraction of the Project may occur, at the option of the Developer from time to time within a period ending not later than 6 years after the recording of the Master Deed, by the withdrawal of all or any portion of the lands shown on Sheet 4 as a contractible area; provided, that no Unit which has been sold or which is the subject of a binding Purchase Agreement may be withdrawn without the consent of the Co‑owner, purchaser and/or mortgagee of such Unit. The Developer may also, in connection with any such contraction, readjust the Percentages of Value for Units in the Project so that each Unit remains equal in its Percentage of Value to each other Unit. Other than as provided in this Article X, there are no restrictions or limitations on the right of the Developer to withdraw lands from the Project or as to the portion or portions of land which may be withdrawn, the time or order of such withdrawals or the number of Units and/or Common Elements which may be withdrawn; provided, however, that the lands remaining shall not be reduced to less than that necessary to accommodate the remaining Units in the Project with reasonable access and utility service to such Units.

 

10.3 Contraction not Mandatory. There is no obligation on the part of the Developer to contract the Project nor is there any obligation to withdraw portions of the Project in any particular order nor to construct particular improvements on any withdrawn lands. Any development on the withdrawn lands will not be detrimental to the adjoining Project.

 

10.4 Amendment(s) to Master Deed. A withdrawal of lands from this Project by the Developer will be given effect by an appropriate amendment to the Master Deed, which amendment will not require the consent or approval of any Co‑owner, mortgagee or other interested person. The amendment will be prepared by and at the sole discretion of the Developer, and will adjust the Percentages of Value assigned by Section 5.2 in order to preserve a total value of 100% for the entire Project resulting from the amendment.

 

10.5 Additional Provisions. Any amendment to the Master Deed made by the Developer to contract the Condominium may also contain such provisions as the Developer may determine necessary or desirable: (i) to create easements burdening or benefiting portions or all of the parcel or parcels being withdrawn from the Project; and (ii) to create or change restrictions or other terms and provisions, including designations and definition of Common Elements, affecting the parcel or parcels being withdrawn from the Project or affecting the balance of the Project, as reasonably necessary in the Developer's judgment to preserve or enhance the value or desirability of the parcel or parcels being withdrawn from the Project.

 

10.6 Easement for Use of Recreation Areas. In the event that the Developer contracts the Condominium to remove all or a part of the land shown as a contractible area on Sheet 4 of Exhibit B, the Developer shall concurrently establish an easement for access to and use of all of the recreational facilities developed on the contractible area for the beneficial use by the Association and all of the Units of the Condominium, and, to the extent necessary, an easement across the contracted area for access to Goshorn Lake frontage, which easement shall provide that all such recreational facilities shall remain under the control, operation and administration of the Association as General Common Elements of the Condominium.

 

(k) A new Article XI is added to the Master Deed to read in full as follows:

 

Article XI. CONVERTIBLE AREAS

 

11.1 Limits of Conversion. The Project established by this Master Deed initially consists of 23 Condominium Units and may, at the election of the Developer, be increased to a maximum of 30 Units.

 

11.2 Conversion Rights. The number of Units in the Project may, at the option of the Developer from time to time within a period ending not later than 6 years after the initial recording of the Master Deed, be increased by the conversion of all or any part of the Common Elements designated as a "Convertible Area" on the Condominium Subdivision Plan into additional Condominium Units and/or Limited Common Elements appurtenant to such Units. The Developer shall also, in connection with any the conversion, readjust Percentages of Value for all Units in the Project so that each Unit remains equal in its Percentage of Value to each other Unit.

 

11.3 Conversion Not Mandatory. There is no obligation on the part of the Developer to convert any part of the Convertible Area nor is there any obligation to convert portions of such area in any particular order nor to construct particular improvements on any converted Unit. Other than as provided in this Article, there are no restrictions or limitations on the right of the Developer to create additional Units or as to the portion or portions of the Convertible Area which may be converted, the time or order of such conversions or the number of Units and/or Common Elements which may be converted.

 

11.4 Amendment(s) to Master Deed. An increase in the number of Units by exercise of the Developer's conversion rights will be given effect by an appropriate amendment(s) to the Master Deed, which amendment(s) will not require the consent or approval of any Co‑owner, mortgagee or other interested person. The amendment(s) will be prepared by and at the sole discretion of the Developer, and shall proportionately adjust the Percentages of Value assigned by Section 5.2 so that each Unit remains equal in its Percentage of Value to each other Unit and to preserve a total value of 100% for the entire Project.

 

11.5 Redefinition of Common Elements. The conversion amendment(s) to the Master Deed made by the Developer may contain such further definitions and redefinitions of General or Limited Common Elements as the Developer may determine to be necessary or desirable in order to adequately describe, serve and provide access to the additional Units being added to the Project. In connection with any such amendment(s), the Developer will have the right to change the nature of any Common Element previously included in the Project for any purpose reasonably necessary to achieve the intent of this Article.

 

11.6 Additional Provisions. Any amendment(s) to the Master Deed made by the Developer for conversion purposes may also contain such provisions as the Developer may determine necessary or desirable: (i) to create easements burdening or benefiting portions of the Unit(s) being added to the Project; and (ii) to create or change restrictions or other terms and provisions affecting the additional Unit(s) being added to the Project or affecting the balance of the Project as may be reasonably necessary in the Developer's judgment to enhance the value or desirability of such Units.

 

3. Condominium Bylaws Amendment. The Condominium Bylaws are amended as follows:

 

(a) The first sentence of Section 1.1 of the Condominium Bylaws attached as Exhibit A to the Master Deed is amended to read as follows:

 

1.1 Organization. Goshorn Lake Cottage Condominiums, a resort condominium project located in the Township of Saugatuck and the Township of Laketown, Allegan County, Michigan (the "Project") is being developed in successive phases so as to comprise a maximum of 30 living units (the "Units").

 

(b) Section 6.2 is amended to clarify and state in the opening paragraph in subsections (a) and (b) that the Association will provide casualty insurance for the General Common Elements of the Project and that each Co-owner will be responsible for obtaining casualty insurance to cover the Owner's Unit in the Project and all Limited Common Elements appurtenant to the Unit.

 

4. Condominium Subdivision Plan. The Condominium Subdivision Plan attached as Exhibit B to the Master Deed of Goshorn Lake Cottage Condominiums is amended in its entirety and replaced by Replat No. 1 attached to this First Amendment as Exhibit B. The legal description of the Project described on Amended Sheet No. 1 of Replat No. 1 replaces and supersedes the description of the Project contained in Sheet No. 1 of the Subdivision Plan.

 

5. Ratification /Inconsistency. Except as modified by this First Amendment, the provisions of the Master Deed, are ratified and confirmed. To the extent of any inconstancy or contradiction between the Master Deed and this amendment, the language of this Amendment shall control.

 

6. Effective Date. The Developer has signed this First Amendment to Master Deed as of the date first stated above and it shall be effective upon recordation at the Allegan County Register of Deeds Office.

 

 

 

 

RCNE, INC.

By:

Richard L. Gillette, President

And:

Cathleen A. Gillette, Secretary

 

STATE OF MICHIGAN )

)

COUNTY OF )

 

This document was acknowledged before me the day of , 2004, by Richard L. Gillette and Cathleen A. Gillette, the President and Secretary of RCNE, Inc., a Michigan corporation, on behalf of the corporation.

 

*

Notary Public, County, MI

My Commission expires:

Acting in the County of

 

 

 

990536_1.DOC