HomeMy WebLinkAbout1000-56.-1-2
~_.- ::--
1111,I~htJ5
tt
e
-
.,...
,.20
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR BAYVIEW LAND CORP.
This Declaration made the cV.3....Jday of ~
, 1990,
by Bayview Land Corp., a New York corporation with offices at 323
~~~ Glen Cove Avenue,
~ "Declarant")
~*
Sea Cliff, NY 11579 (hereinafter referred to as
WITNESSETH
~';.'9..
-:'''' ....,.
WHEREAS, Declarant is the owner in fee simple of certain
WUH . premises situate at Town of Southold, Suffolk County, New York,
t'
.,
~~.., ,~. ,,~/;
described on the Suffolk County Tax Map as District 1000, section
056.00, Block 01.00, Lot plo 002.000 and as more fully described
)l{\
vtJO
:0
,~.DO
in the attached "Schedule A" and,
L.OLK
'\. CD
WHEREAS, the Southold Town Planning Board, by resolution made
on Alo~f~~~~ 13, IQ90 granted fInal subdivision plat approval
of the property described in Schedule A, as shown on map of
0\ Roderick Van Tuyl, P.C. of Subdivision Map of Long Pond Estates
o~.oo, section Two at Arshamonaque Town of Southold, NY and,
WHEREAS, the final subdivision approval was conditioned upon
the filing of certain covenants and restrictions,
NOW, THEREFORE, in compliance with the resolution of said
Southold Town Planning Board, Declarant herein declares that the
land described in Schedule A is held and shall be conveyed subject
to the following covenants and restrictions which shall run with
the land:
. .
"
1.
"
Common driveway curb cuts will be shared by lots 25 and
1117.006
e
e
e
.......
26; lots 27 and 28; lots 32 and 33; and lots 34 and 35 as shown
on the final subdivision plat prepared by Roderick Van Tuyl, P.C.
.
2. Access from lots 30 and 31 shall be made from Pond
Avenue.
3. No lot line shall be changed in any manner at any future
date unless authorized by the Town of Southold Planning Board.
4. These covenants and restrictions can be modified only at
the request of the then owner of the premises with the approval of
a majority plus one of the Planning Board of the Town of Southold
after a public hearing.
Adjoining property owners shall be
entitled to notice of such public hearing but their consent to such
modification shall not be required.
IN WITNESS WHEREOF, the foregoing Declaration has been
executed by the Declarant on the day and year first above written.
Bayview Land Corp.
By: Richard Mohring
STATE OF NEW YORK
COUNTY OF N IISJ'/ItA..
On the <<.3..J day of ()~ , 1990, before me
personally came Richard MOhring, to me known, who being by me duly IvI
sworn did depose and say that he resides at 1/03 AI~ tu.:;, {JI , ~ P /
that he is the President otBafView-L/nd -
corp. the corporation described in and which executed the foregoing
insturment: that by order of the Board of Directors of said
corporation, he signed his name thereto by like order.
.......... CONQEAO
NCn'MY I'UIUC, ...4I....y..
_....n. ~ ~~
~ IIl.....QlunIJ '..
C 1~~..._..tI~ ~ ~
Notary Public r'state of ew York
~.
I
/
I'
/
/
/'
/
,;/ 111~oa7 ·
e
.
(
I
:/ALL th.t c..t.i. plot, pi.c. o. P.'c.l of l.od. with .10. b.ildio..
.i!improvements thereon erected, situate, lying Bnd being in the Town
I Southold, County of Suffolk Bnd State of New York, bounded and
described as follows: .
i
BEGINNING at a point on the Easterly side of Laurel Avenue, where
· i. i. i.t.r..ct'd by tho North.rly Ii.. of Lo.. l.land Rail.oad,
and from said point of beginning;
SCHEDULE ^
nnd
of
r RUNNING THENCE alon. tho Ea.t.rly .id. of La...lAv.n.. tho folloWi..
l four (4) courses and distances:
I
j
I
r
I nIE~E alon. .aid ~P of Lo.. Po.d E.ta'.a S'c'ion On. tho followin.
i/courses and distances:
/'1. No.th 75 d..r... 3a min.... 50 .,cond. Ea... 255,00 f..t;
. 2. South 14 deStees 21 minutes 10 seconds East, 54.00 feet;
iJ. North 75 degrees 38 minutes 50 seconds Eost, 190.00 feet;
I'~. No.th 14 d..r... 21 minu... 10 .'cond. W.... 211.50 f...,
5. North 70 degrees 38 minutes SO oeconds East, 211.19 (eet;
i 6. SO"h I~ d.a.... 21 min".a 10 .'co.d. E.... 99a.00 f...,
7. South 70 degrees 38 minutes 50 seconds West, 15.00 feet;
a. SO"h I~ d..r... 21 mi..... 10 a.cond. E.... 252.10 f...,
9. South S6 degrees 56 minutes 10 seconds Eaat, 50.00 feet;
10. Then Southweaterly along the arc of a curve bearing to the
right haVing a radius of 150 feet, a distance of 111.48 feet;
I
jTHENCE partly along the land of Long Pond Estates Section One and
partly along the land of Robert Lang. Jr.. South 13 degrees 04
minutes East. 901.22 feet to land of Long Island Railroad;
I J
I THENCE South 70 degreeIJ 33 minutes 40 seconds West, 573.02 feet to
the Easterly side oE Laurel Avenue, to the Point or place of
' BEGINNING.
I
,
I
1. North
2. North
3. North
4. North
Property
13 degrees 04 minutes West, 814.85 feet:
13 degrees 24 minutes.$b seconds West, 312.94
14 degrees 51 minutes 30 seconds West, 611.50
14 degrees 19 minutes 20 seconds West, 364.66
shown on the Hap of Long Pond Estates Section
feet;
reet:
feet to
One:
the
I
AIHn.o~ \I'lOHns
.:/0 ;,:. . )
3NIYHO' ',,' ;'.f'~~3
D6. ttel 80 I )/ AON
~€CDhP {,?nr"lf.tV ~ J
WILLIAM O. MOOA~
SUITe 3 CLAuse OOMMONS
p,o. BOX 23
MATt' TUCK, NV 11082
.
i
.,
., .''''/f' "'H
..t
j
I
.
-:---. .
I. .
.
,
.
-
1117'038 ·
~.
DECLARATION OF COVENANTS
AND RESTRICTIONS
Declaration made as of this/~ay Of~Oy( , 1990, by Bayview land Corp.,
a New York corporation with principal offices at 323 Glen Cove Avenue, Sea Cliff,
New York 11579 (hereinafter referred to as either "Developer" or "Declarant").
c;{ttb WITNESSETH
\\~ WHEREAS, the Declarant is the owner of the real property known as long Pond
. ~~Estates Section 2 described in Article II of this Declaration (the .Property"),
::,H which Declarant desires to develop as a community of "One Family" (as hereinafter
h'J'.'..! defi ned) res i dent 18 1 lots (the "Convnunity"); and
:,:,~~_". WHEREAS, the Declarant desires to provide for the preservation of the
,\~11 values, amenities and natural beauty in said Community and to insure that all
JVO
construction in the Community is harmoniously designed and planned and, to this
:: a 10,..l
..n, . CD
LDl.,I(
)1. eo
01
-~ 00 I
}"..
end, desires to subject the Property to the covenants, restrictions, easements,
charges and liens hereinafter set forth, each and all of which is and are for
the benefit of said Property and the Owner of each portion thereof.
WHEREAS, Developer has incorporated under the laws of the State of New
York, as a not-far-profit corporation, long Pond Estates Section 2 Homeowners
Association, Inc., for the purpose of exercising the functions aforesaid;
NOW, THEREFORE, the Declarant, for himself, his successors
and assigns, declares that the Property is and shall be held, transferred, sold,
conveyed and occupied subject to the covenants, restrictions, conditions and
easements, (sometimes referred to as "covenants and restrictions") hereinafter
set forth.
1
. .
,I j
e e
lU73J\039
e
~
't/'.
"",'.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration or any supplement(s) or
amended Declaration shall, unless the context otherwise prohibits, have the
meanings set forth below:
(a) "Property" shall mean and refer to the real estate (described below
1 n Art i c 1 e II), together wi th the appurtenances thereto, and any and all
improvements thereon, or any portion thereof, as will as to any of the Lots
contained therein.
(b) "lot" shall mean and refer to any and each of the pieces or parcels
of land numbered 25 through 37 inclusive, as shown on the Subdivisions Maps
referred to in Article II hereof, and particular lots shall be identified herein
according to the respective numbers appearing on such Subdivision Maps.
(c) "Oeveloper" shall mean and refer to Bayview Land Corp., its successors
and assigns.
(d) "Open Space" shall mean and refer to those areas shown on the
subdivision map of the properties.
(e) "Owner" shall mean and refer to the record owner of fee simple title
to any lot, including the Developer with respect to an unsold lot. Every record
owner shall be treated for all purposes as a single owner for each lot held,
irrespective of whether such ownership is held Jointly, in common, or tenancy
by the entirety, the majority vote of such owners shall be necessary to cast any
vote to which such Lot Owner is entitled. Anyone Owner owning two or more lots
shall be treated as separate Owner for each Lot held for purposes of any
approval, voting or majority requirements herein.
(f)"' "Association" shall me.~,and refer to the long Pond Estates Section
I'
2
. . ~ ' .1 II"
----..
'n
. .
. .
1!17~ttMt
e
*
-;",
2 Homeowners Association, Inc., its successors and assigns.
All decisions of any such Association shall be made by at least a majority
of Owners-members in good standing. The purpose of such Association shall be
the preservation of Community appearance, standards and values, the enforcement
of these covenants and restrictions, and the control of and jurisdiction over
all portions of the Property, if any, owned in common by all the Owners. }(
"Cutoff Date" shall mean and refer to the earliest of (a) four years after the
Developer has conveyed away all its fee simple title to the Property, (b) nine
years from the date hereof, or (c) at such earlier time as the Developer
transfers all his rights, duties, privileges, obligations and powers hereunder
to the Homeowners Association, which transfer shall be evidenced by a writing
filed in the Office of the Suffolk County Clerk as this Declaration.
ARTICLE I I
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is and shall be held, transferred, sold, conveyed
and occupied subject to this Declaration is all that certain plot, described in
the attached Schedule A which is made a part of the Declaration.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. MEMBERSHIP. Every person who is a record Owner (as defined
1n Article 1) of any Lot which is subject by this Declaration to assessment by
the Association shall be a Member of the Association.
Section 2. VOTING RIGHTS.
voting membership.
The Association shall have two classes of
. .
-
1/,1
3
..'''.:
..
"
It!-j~~One
e
~
,.lW.r.,
CLASS A
Class A Members shall be all lot Owners excepting Developer
and excepting any other person or entity which acquires title to all or a
substantial portion of The Properties for the purpose of development. Class A
Members shall be entitled to one vote for each lot in which they hold the
interest required for membership. When more than one person holds such interest
or interests in any lot, all such persons shall be Members and the vote for such
lot shall be exercised as they among themselves determine, but in no event shall
more than one vote be cast with respect to any such Lot.
CLASS 8
The Class B Members shall be the Developer, its successors and
assigns. The Class 8 membership shall be entitled to five votes for each lot,
provided the Class B membership shall cease and be converted to Class A
membership three years from the first closing of title to a Class A member.
Notwithstanding the above, the Developer shall have the option to control
the affairs of the homeowners association for up to three years after conveyance
of the first title to a Class A member, or until all titles have been conveyed
to Class A members, whichever is earlier.
When a purchaser of an individual lot takes title thereto from Developer,
he becomes a Class A Member and the membership of Developer with respect to such
lot shall cease.
ARTICLE IV
PROPERTY RIGHTS IN THE OPEN SPACE
Section 1. MEMBERS' EASEMENTS OF ENJOYMENT. Subject to the provisions
of Section 3 of this Article, every Member shall have a rights and easement of
enjoyment in and to the Open Space and such easement shall be appurtenant to and
shall pas$with the title to every,~ot, and the CaRmon easement shall not be open
/.'
4
.'; ;
. ~'.. , . -'..,,' ;
r"~!., ',...:,
ttrJ~pl:O.a
to the public except for ingress and egress as set forth below.
Section 2. CREATION OF OPEN SPACE. The open space areas are shown on the
subdivision map which map shall be filed in the office of the Suffolk County
Clerk before the first closing of title to a Class A meMber. Ownership of said
open space shall be transferred by the Developer to the Association.
Section 3. EXTENT OF MEMBERS' EASEMENTS. The rights and easements created
hereby shall subject to the following:
(a) the right of the Association, as provided in its Articles and By-
Laws, to suspend the enjoyment rights of any Member for any period during which
any assessment remains unpaid, and for any reasonable period for any infraction
of its published rules and regulations.
(b) the right of the Developer, ~nd of the Association, to grant and
reserve easements and rights-of-way through, under, over and across the open
space, for the installation, maintenance and inspection of lines and
appurtenances for public or private water, sewer, drainage, fuel oil and other
utilities, and the right of the Developer to grant and reserve easements and
rights-of-way through, over, upon and across open space for the completion of
Developer's work, for the operation and maintenance of the open space, and for
all sales purposes.
e
-
~,
ARTICLE V
MAINTENANCE AND OPERATION OF OPEN SPACE AND FACilITIES AND COVENANT FOR
ASSESSMENTS THEREFOR.
Section 1. ASSESSMENTS, LIENS AND, PERSONAL OBLIGATIONS. THEREFOR, AND
OPERATION AND MAINTENANCE OF OPEN SPACE SOLELY BY THE ASSOCIATION.
(a)", Each OWner of any lot,,)y acceptance of a deed therefor, whether or
'Il.
5
\~
. ~..:-,
.',,",
.1 ~ -
j
~'. :"'~4'.!. l
"
tn~ap.
e
~
't't'~,
not it shall be so expressed in any such deed or other conveyance, shall be
deemed to covenant and agree to pay to the Association: (1) annual assessments
charges; (2) special assessments for capital improvements, such assessments to
be fixed, established and collected from time to time as hereinafter provided.
The annual and special assessments, together with such interest thereon and costs
of collection thereof as are hereinafter provided, shall be a charge on the land
and shall be a continuing lien upon the Lot against which each such assessment
is made. Each such assessment, together with such interest thereon and cost of
collection thereof as are hereinafter provided, shall also be the personal
obligation of the person who was the owner of such property at the tine when the
assessment fell due.
(b) The assessments levied by the Association shall be used exclusively
for the purpose of promoting the recreation, health, safety and welfare of the
residents in The Properties, including services and facilities devoted to this
purpose and related to the use and enjoyment of the Open Space including, but
not limited to, the payment of insurance thereon, and repair, replacement and
additions thereto, the cost of labor, equipment, materials, management and
supervision thereof, all of which obligations the Association hereby assumes as
of the date of creation of the Open Space by Developer.
Section 2. AMOUNT AND PAYMENT OF ANNUAL ASSESSMENT. The Association shall
at all times fix the amount of the annual assessment at an amount sufficient to
pay the costs of maintaining and operating the Open Space as contemplated by
Section l(b) of this Article. Each annual installment shall be payable in equal
monthly installments in advance on the first day of each calendar month, or
annually, at the discretion of the Board of Directors. Assessments shall be
payable equally by all Class A memb~rs.
"
6
'. '
!U73Pt&
e
-
_Wi<!.
-.:".
Section 3. DUTIES OF THE BOARD OF DIRECTORS. In the event of any change
in the annual assessments as set forth above, the Board of Directors of the
Association shall fix the date of commencement and the amount of the assessment
against each lot for each assessment period at least thirty days in advance of
such date or period and shall, at that time, prepare a roster of the lots and
assessments appl icable thereto, which shall be kept in the office of the
Association and shall be open to inspection by any owner.
Written notice of the assessment shall thereupon be sent to every owner
subject thereto.
The Association shall, upon demand at any time, furnish to any owner liable
for said assessment, a certificate in writing, signed by an officer of the
Association, setting forth whether said assessment has been paid. Such
certificate shall be conclusive evidence of payment of any assessment therein
stated to have been paid.
Section 4. EFFECT OF NON.PAYMENT OF ASSESSMENT; THE PERSONAL OBLIGATION
OF lOT OWNER; THE LIEN; REMEDIES OF ASSOCIATION. If any assessment is not paid
on the date when due (being the dates specified in Section 2 hereof), then such
assessment shall be deemed delinquent and shall, together with such interest
thereon and cost of collection th~reof as are hereinafter prOVided, continue as
a lien on the lot, which shall bind such Lot in the hands of the then Owner, his
heirs, devisees, personal representatives, successors and assigns.
If the assessment is not paid within thirty days after the delinquency
date, the Association may bring legal action against the then Owner personally
obligated to pay the same and/or may enforce the lien against the property; and
in the event a Judgment is obtained, such judgment shall include tnterest on the
assessment .as above provided and a ,.reasonabl e attorneys' fee to be fixed by the
1/1'
7
t, ~
. .
ft17aPLoI
e
e
".,\ '
court, together with the costs of the action.
Section 5. All charges and expenses chargeable to any lot shall constitute
a lien against said lot in favor of the Association, which lien shall be prior
to all other liens except (1) assessments, liens and charges for taxes past due
and unpaid on the lot, (2) a bona fide mortgage lien, if any, to which the lot
is subject, and (3) any other lien recorded prior to recording the claim of lien.
Such lien shall be effective from and after the time of recording in the public
records of Suffolk County a claim of 11en stat1ng the description of the lot,
the name of the record owner, the amount due and the date when due. Such claim
of lien is to be recorded and shall be signed and verified by an officer or agent
of the Association. Upon full payment of all sums secured by the lien, the party
making payment shall be entitled to a recordable satisfaction of lien.
ARTICLE VI
EASEMENTS
Section 1. Grant of Easements.
The Developer reserves to itself the right to dedicate any and all public
roads, sumps and other areas of the Property set aside for walkways, parking
areas, water Hnes, sanitary sewers, storm drainage facilities, gas lines,
telephone and electric power Hnes, television cables and other public or private
utility services to the municipality or an agency thereof. The Developer grants
to each Owner the fOllowing easements perta1ning to the Property:
(i) Right-of-way for ingress and egress by vehicles or on foot, in,
through, over, under and across the streets and roads, and, on foot alone,
over the pedestrian wal ks and cOlllllon areas thereon (as shown on the
Subdivision Maps and as theY'I~.y be built or relocated in the future) for
"
8
. '-',."
.1tl~
-
e
all purposes; and
(11) At the expense of each OWner~ rights to ~onnect with and make use
of, utility 1ines~ wires, pipes, conduits, cable television 1ines~ sewers
and drainage lines which may from time to time be in or along the streets
and roads or other areas of the Property;
Section 2. Reservation of Easements.
Developer reserves for itself and~ after the Cutoff Date, for the
Homeowners Association (if any), the easements, licenses, rights and privileges
of a right-of-way in, through, over~ under and across the Property and, towards
this end, reserves the right to grant and reserve easements and right-of-way tn,
through, under, over and across each respective Lot for the installation,
maintenance and inspect ion of water lines, sanitary sewers, storm drainage
facilities, gas lines, telephone and electric power lines, television cables and
other public or private utilities and for any other materials or'services
necessary for the completion of permissible construction thereon; provided,
however, that Developer agrees that it will not grant any such easement of right-
of-way, in, through, under, over, or across the "required building areas" (as
such term is defined in Article V (1) hereof) of any Lot and that if Developer
or, after the Cutoff Date, the Homeowner Association, shall grant any easement
or right-of-way for the purpose of underground instal1ations~ Developer, or the
Homeowners Association, agrees to restore, or cause to be restored, the land to
the condition immediately existing prior to such installation. The Developer
also reserves for itself for itself and, after the Cutoff Date, for the
Homeowners Association, the right to connect with and make use of the utility
lines, wires, pipes, conduits, cable te1evision~ sewers and drainage lines which
may from time to time be in or along the streets and roads or other areas of the
1/
9
..1t\'i:~~..
,1'1\
.. :'r J,'
'.,
!;'
(.'
'..~ '.~.
.,.\;., '.,1.' :'''''.'.' ~':"'"
...~:;..
It':
II:, ", :.~
'~, .."
e e
In7~047
e
-
~'"
......'.
Property.
ARTICLE VI
ARCHITECTURAL CONTROL
Section 1. ADDroved Plans for Homes.
No building, fence, wall or other structure, or change in landscaping,
shall be commenced, erected or maintained upon any lots, nor shall any exterior
addition to or change or alteration of any thereof be made until plans and
specifications showing the proposed improvement, inclUding the height and
location thereof and the materials and colors to be used,shall have been
submitted to and approved in writing as to harmony of external design and
location in relation to surrounding structures and topography by the Developer
or after the Cutoff Date, by the Homeowners Association. In the event said
Developer or its Homeowners Association, fails to approve or disapprove the same
within thirty (30) days after said plans and specifications have been submitted
to it, approval will not be required and this Article will be deemed to have been
fully complied with.
ARTICLE VII
USE OF PROPERTY
Particular Covenants and Restrictions.
The use of a lot by an Owner or other occupant shall be subject to the
rules, regulations and provisions of this Declaration and following covenants
and restrictions:
a.
No nuisance shall be allowed upon the Lot nor shall any use o,r."
. -practice be allowed w~1Gh is a source of annoyance to residents or
'..
,".',
," .'. .,:. ".';..:"t
?,..
10
.;',
,
':Ii"
'I"~ ..',\' " .
f "
. '.} _'_'~".-,~ '/~/t .
" ~
l"",I..:.. . '} .
~ ~i '. "~~ .' .
e e
1117~048
e
e
....''''J;.I
which interferes with the peaceful possession and proper use of the
Property by its residents or unduly restricts or impedes the views
of any Owner.
b. All valid laws, zoning ordinances and regulations of all governmental
bodies having jurisdiction over the Property shall be observed.
c. lots shall not be subdivided, sold or conveyed except as a whole.
d. No boats, boat trailers, travel trailers, mobile homes, trailers,
trucks, equipment, comercial vehicles larger than a light-duty pick-
up truck, unlicensed, uninsured or derelict vehicles, or any other
similar property, shall be parked or stored within the Property
unless parked or stored inside a garage or Home.
e. No commercial signs or advertisements shall be displayed on any Lot
or vehicles parked on lots within the Property by any Owner. This
restriction shall not apply to the Developer prior to the sale of
the respective lot by the Developer.
f. Within the required building area of each lot, the topography, grade
or drainage shall not be substantially altered or changed, except
by the Developer. Outside the required building area of each lot
the topography, grade or drainage shall not be altered or changed
at all, except by the Developer. Where necessary, each respective
Owner shall install adequate culverts under driveways serving his
lot and connect the same to places designated by the Developer.
g. The Property shall be subject to such easements for maintenance of
streets, driveways, walkways, parking areas, water lines, sanitary
sewers, storm drainage facilities, gas lines, telephone and electric
. v power 1 tnes, te1evisto'l..cab1es and other publ ic or private utl1 ities,
'. 'It
"
11
.. >
~;. ;t "~~' .;~~ ".'
'.. ,
,;,,,;.: .
.0.(
.~
"~"'\l~ ,,", .
. .
Jh7ard
e
e
.''',
~~"
as shall be constructed or installed by the Developer. Such
easements for malntenance shall include also a right of ingress and
egress sufflcient to enable such maintenance.
h. lots in this subdivision shall be residential lots, and each lot
shall contain only one Home together with lawful accessory
structures.
1. Each Owner shall at all times comply in all respects with all
government, health, fire and police requirements and regulations.
j. No anlma1s, livestock, or poultry of any kind shall be raised, bred,
or kept on the Property. except that dogs, cats, or other usual
household pets may be kept on lots provided that they are not kept,
bred or maintained for commercial purpose.
k. No Home shall be located on any lot except within the "requlred
building area" for that lot, as defined by the local municipal.zoning
authorities having jurisdiction and further subject to any
limitations contained herein and noted on the filed subdivision map.
1. Except to the extent that the applicable utility company shall be
obligated to maintain and repair its
11nes, each Owner shall maintaln and keep in good repair any and all
lines, wires, pipes, conduits, cable lines, sewer drainage lines,
street, road, driveway or walkway which may from time to time run
through, over or under its lot.
m. All garbage cans. equipment and coolers maintained on a lot shall
be walled 1n to conceal them from view form neighboring lots, roads.
or streets. Clothes lines shall not be visible from the streets or .
neighboring lots.
',~ "
'",: J
I'
12
.;;~;~~:i':(\i~"......
, ".... -.",
..,' ~
; ;~
;,~ .'.'
. .
t!l7~
e
-
'-'.
~i
n. No fence, unless approved as a part of the architectural design of
the house, shall be constructed.
o. Private swimming pools may be constructed on any Lot provided they
are situated in the rear yard only and provided further that no
portion of any such pool or its appurtenances shall be closer to the
rear or side Lot lines than thirty (30) feet. No above-ground
swimming pools shall be erected or maintained on any of said Lots.
p. No satellite dishes or antennae or aerials shall be placed, erected,
or located on the lot or on the structures erected on the Lot unless
its location, screening, construction, height and aesthetics are
approved by Developer or after the Cutoff date by the Homeowners
Association.
q. No ranch type dwelling shall be erected of less than 1200 square
feet, nor any two story dwell ing of less than 1600 square feet 1 iving
area.
r. There shall be no obstruction of the Open Space nor shall anything
be stored in the Open Space without the prior consent of the Board
of Directors.
ARTICLE VIII
GENERAL PROVISIONS
Section 1. Beneficiaries of Easements. Rights and Priv1leaes
The easements, licenses, rights and privileges established, created and
granted by this Declaration shall be for the benefit of, and restricted solely
to, the Developer. The Homeowners Associations, The OWners and their respective
heirs. executors and adm1nistra~o~s, legal representatives, successors and
'"
13
. . ~,:',
;, :i..". ~
'.I' .
:':'::li..j'!1
".:.,';;.:"!
'.
;.~.. .' ,. . 4 .l : .~.
<-)..,...~.,~",:~_ ,",Yf: A' 'I'" ;':.'~'!~;7""1.'1? -.-: ~..'~.
".
. .
.
e e
11173Pt051
e
e
~.
1i,. .
assigns, and any Owner may grant the benefit of such easement, license, right
or privilege to his tenants and guests and their itrmediate famil ies for the
duration of their tenancies or visits, but the same is not intended nor shall
it be construed as creating any rights in or for the benefit of the general
public.
Section 2. Duration and Amendment
The covenants and restrictions of this Declaration shall run with and bind
the land, and shall inure to the benefit of and be enforceable by the Developer,
any of the Owners and their respective heirs, executors and admini~trators, legal
representatives, successors and assigns, and/or The Homeowners Association (if
any). However, nothing in this Declaration shall be construed as obligating the
Developer to supervise compl hnce with or to enforce these covenants and
restrictions and no person shall have a cause of action against the Developer
for its alleged failure to so supervise or enforce. Prior to the Cutoff" date,
such power may be exercised by the Homeowners Association, or, if no such
Association exists, by any Owner upon proof of the written consent of at least
60 percent of all Owners. This Declaration shall terminate and be of no further
force and effect as of January 1, 2014, unless the same is renewed prior thereto.
Section 3. Ri9ht of Abatement
(a) In the event of a violation or breach of any provision of this
Declaration, the Developer, or a Homeowners Association (if any), may give
written notice to the OWner setting forth in reasonable detail the nature of such
violations or breach and the specific action or actions needed to be taken to
remedy such violation or breach. If the OWner shall fail to take reasonable
steps to remedy such violation or breach within sixty (60) days after the mailing
of such notice. ,then the Develop,,", of Homeowners Association shall have, in
I'
:1'..
14
/'4;'~.'" _.
;1
; l-
..-'~ ;:..~ ~~.
: ::-'~
1\
. '
. .
e lU4eum
e
e
addition to any and all other rights provided by law or in equity, the "Right
of Abatement" (defined below). The Developer or Homeowners Association (if any)
shall be entitled to recover any and all costs and expenses incurred, including
reasonable attorney's fees, in such action or proceeding.
(b) The "Right of Abatement., as used in this Declaration, shall mean
the right of the Developer or Homeowner's Association, through its agents and
employees to enter at all reasonable times upon any lot, as to which a violation,
breach or other conditions to be remedied exists, and as agent for the OWner take
the actions specified in the notice to the OWner to abate, exti~guish, remove
or repair such violation, breach or other condition which is contrary to the
provi sions of thi s Declarat ion, without being deemed to have committed a trespass
or wrongful act solely by reason of such entry and such actions, provided such
entry and such actions are carried out in accordance with the provisions of this
Section and do not involve a breach of the peace. All costs of such entry and
such actions shall be a binding personal obligation of the violating OWner
enforceable at law or in equity, as well as a lien on such Owner's Lot.
Section 4. Designation by DeveloDer
The authority conferred herein upon the Developer or the consent required
herein to be obtained from the Developer shall be exercised by or obtained from
Bayview Land Corp., its successors and assigns, or such other party or parties
as they may designate by a written instrument recorded
and making reference to this Declaration.
Section 5. Limit to Deve10Der's Obliqat10ns
Notwithstanding any provisions herein to the contrary, the Developer shall
have no further' obligations, duties or responsibn1t1e$p~~suant to orres~~,ttng ,
, froll this .Declaration subsequent .~o tht Cutoff Datt. If; an,y,wrtttln approval:'::
'ii . ;fL};:" ". .."
15
, '
.;~;~.~ir~~!~~,,:,.,"';,'~,L:~'>':; .';
I ...'.
,,'
'.'::. .,'.:"': i.
+:~. .' ~I"
. '
-. . ~.-.- -------_.--'-------~---
'~J~.~~".:';i ~~;: , ,.'
;."
..
~':I' (". . :~....
:~ < .
. '
e 111~
e
-
..".
....,. .
is required subsequent to the Cutoff Date from the Homeowners Associationt and
no such Association ,(as defined in Article l(f)) has been establishedt then t
and in that event written approval shall be obtained from Herbert R. Mandel and
Richard Israel, their successors and/or assigns, or such other party or parties
as they may designate by a written instrument recorded and making reference to
this Declaration.
Section 6. Notices
Any notice required to be sent to any OWner under the provisions of this
Declaration shall be deemed to have been properly sent when maiJed to the last
known address of the person who appears as Owner at the time of such mailing.
Section 7. Severability
Invalidation of any of the covenantst limitations or provisions of this
Declaration by judgment or court order shall 1n no way affect any of the
remaining provisions hereoft and the same shall continue in full force and
effect.
IN WITNESS WHEREOFt the foregoing Declaration has been executed by the
Declarant on the day and year first above written.
Bayv1ew land Corp.
,.
By:
. .
t'
'I"
16
'.-";"; ~ ' , ~ ~ . ' ~
~:;l{~:;~,~,;~:i:~ i'>:~1;";'~:;~""
.1" ;;~~. '
,'1:"',
.. .<~:~ '
"-',~"~~. 10.. ";;~>r '_~' '-. ,,"'
'. "ci;l"
"f
" .' ,-' r~i
. '
,,':,,' :
.i"'.'.:'
'~;'~,r<;:,.,
.
e
111~
e
e
STATE OF NE~.Y~AK
COUNTY OF"i~
On the If+t day of ~D~~~~ , 1990, before me
personally came Richard Mohring, Jr., to me known, who being by me
duly sworn did depose and say that he resides at 43 Mohring Bay
Court, Bayville, NY 11709, that he is the Vice-President of
Bayview Land Corp. the corporation described in and which executed
the foregoing instrumentr that by order of the Board of Directors
of said corporation, he signed his a hereto by like order.
York
WllllAM D. MOORE
Notary Public, State of New Yortt
No. 4832728
Quallfl9d In Suffolk County
Commission Expires January 31, ~
" 'y.-
. .
"
'II'
.: ....
....
l:
".'."
"";':;
. ;f . ~': ~"~.-::1:.;:.'.:
~ ( -:~ .
. ,
,T~,;j,t:,::;L(; ..~.
- . I. ~..::
.--:' ~~: ;'."
",-ft,
j.
-'
'.'
'.',
~',~
.. ~.~ ,,;,,l-Yt)J.r
:'::,;:-,:\'.";~'
4<. .
.. -
_117~P~5
.
e
~.
;1 SCHEDULE A
I
:'ALL that certain plot, piece or parcel of land, with the bnilding,
improvements thereon erected, situate, lying and being in the Town
Southold, County of Suffolk and State of New York, bounded and
described as follows:
and
of
BEGINNING at a point on the Easterly side of Laurel Avenue, where
,I it is intersected by the Northerly line of Long Island Railroad,
i and from said point of beginning;
! RUNNING THENCE along the Easterly side of Laurel Avenue the following
! four (4) courses and distances:
I
I 1. North 13 degrees 04 minutes West, 814.85 feet;
I 2. North 13 degrees 24 minutes~ seconds West, 312.94 feet;
3. North 14 degrees 51 minutes 30 seconds West, 611.50 feet;
4. North 14 degrees 19 minutes 20 seconds West, 364.66 feet to the
I Property shown on the Map of Long Pond Estates Section One;
ilTHENCE alnng ,aid Hap of Long Pond Estate, Section One the following
ilcourses and distances:
"I. North 75 degrees 38 minutes 50 seconds East, 255.00 feet;
2. South 14 degrees 21 minutes 10 seconds East. 54.00 feet;
,3. North 75 degrees 38 minutes 50 seconds East. 190.00 feet;
1'4. North 14 degrees 21 minutes 10 seconds West. 211.50 feet;
5. North 70 degrees .38 minutes 50 oeconds East, 211.19 feet;
6. South 14 degrees 21 minutes 10 secondo East, 998.00 feet;
7. South 70 degrees 38 minutes 50 seconds West, 15.00 feet;
8. South 14 degrees 21 minutes 10 seconds East, 252.10 feet;
9. South 56 degrees 56 minutes 10 seconds East. 50.00 feet;
10. Then Southwesterly along the arc of a curve bearing to the
right having a radius of 150 feet, a distance of 111.48 feet;
i
ITHENCE partly along the land of Long Pond Estates Section One and
!partly along the land of Robert Lang, Jr., South 13 degrees 04
minutes East. 901.22 feet to land of Long Island Railroad;
I -
,
,
I
!
I
THENCE South 70 degrees 33 minutes 40 seconds West. 573.02 feet to
the Easterly side of Laurel Avenue, to the point or place of
BEGINNING.
J.1.Nno:') ~70
3 ::10 \J". ,;1:Jns
NI'VW" 1, .; 7,1
O~, 'O'~!~Jt4a3
D6 ' .
· Hd Or I S"'AON
n1(]~/()~3~r'
~€ t:.oR'P {,?f17/~^, ;c,)
WILUAM D. MOORE
SUITE 3 CLAuse COMMONS
P.O, BOX 23
MATtlTUCKI NY "Isa
r
I
I
,
'I
,
J
.
.
CERTI"i"ICl>/rE OF ~~JCORPORATION
OF
fl-,"l"',-jC 23
199CJ
LONG ?OND ESTATES SEe. 2 ;;mmOWNERS ASSOCIATION INC.
Under section 402 of the Not-For-Profit corporation Law
IT IS HEREBY CERTIFIED THAT:
1. The name of the corporation is:
LONG POND ESTATES SEC. 2 HOMEOWNERS ASSOCIATION INC.
2. The corporation is a corporation as defined in subparagraph
(a) (5) of section 102 (Definitions) of the Not-For-Profit Cor-
poration Law.
3. The purpose or purposes for which the corporation is formed
are as follows:
To associate its members t.ogetr~er for their illutual benefit as
homeowners, to represent its members' point of view to the owne=s
and managing aqen-ts I to provide i t.s members with information.
relating to their rights as homeowners, to promote good will and
cooperation among its members, and genera:~y ~o do any and all
acts suitable, proper arld conducive to the successful conduct of
a hOffieowner's association.
4 . ~n furtherance of its corporate purposes, the corporation
shall have all the ge~eral powers enumerated in section 202 of
t:l.e Not-Par-Profit Corporatio~ Law, toget:-ier wiJch "th(3 power to
solicit grants and contributions for the corporate purposes.
J. The corporation shall be, a Type A corporation pursuant to
secti.oTI 201 of the Not-For-Profit Corporation Law.
6. The names and addresses of all the initial directors of the
corporation are:
,
.
.
william D. Moore
Clause Commons Main Road, suite 3
Mattituck, New York 11952
Hichard Mohring
The Strand
E. Marion, New York 11939
Richard MOhring, ~Jr.
The St::::-and
E. Marion, New York 11939
7. The county in which the office of the corporation is located
in the State of New York is:
Suffolk.
8. The Secretary of State is designated as agent of the corpora-
tion upon whom process against it may be served.
The post office
address to which the Secretary of State shall mail a copy of any
p~ocess against the corporation served upon him is:
William D. Moore, Esq.
Clause Commons Main Road, suite 3
P.O. Box 23
Mattituck, New York 11952
IN WITNESS WHEREOF, the undersigned incorporator, being at
least eigh-'ceen years of age, ~;.as executed and signed 'chis Cer-
tificate of Incorporation September 27, 1990 and affirms that the
statements made herein are true under the penalties of perjury.
Laura A. Fa~rcloth
Laura A. Faircloth
33 Hensselaer street
Albany, New York 12202
,~
~
,
r
Y. :,. n!::r'AnT/1E,H UI ::n (,TE
IVISION DE CORPORATIONS AND STATE RlCORDS
FII,INe p.Ee!:,I!'!
,1"'"1
'~
'l<',
162 WASHINGTON AVENU!::
r'1; .fltll';Y, HYi :~.:?:':') ~
CORPORATION MAHC LONe POND ESTATrs SEC. 2 IIOMEOWNERS ASSOCIATION INC.
f)DClnlENT riFT
INCORPORATION (DUH. NEP)
'c:n:'nVICF cm'lr'l\f.!Y
XL CDRPORATF SERVIces. IHC.
r,TE, (,
COUNTi. "iUF I"
: FII EI): 0'i'/28/'?")
;
'AnDRESS FOR PROCESS
DUnATIOf.!: PFRFTIUAL
........., '" ..' .. ....
.,. ....... .......... .... ....... ............"......... ""'.. ....
.. ',., '...
.. ,-.. ..... ....
CASH ~: 900928900155 FILM~: 900928000137
. WTLLIAM D. MODRE, rSQ.
'CI.Ausr COMMONS MAIN ROAn.S1E
MArTITUC~, NY 11'?52
: I1,FCISlT i'HD ACENT
I
.... '0
. ,
.~.;..
.f.~ . ~
. '1, /' ,',,'.
." -1))_ '~.~ s .-
.... "f/:NT ()\' ..'
...*.......
I.
............-.......,.
-....'......" ""'."""" ...,...
. .......,... ,-, . ............... .",
..... .... 0." ._,_.,. '" .,.. ,. .... ".. .'... .", ... .~..... ..... .. .., ...., ... ._.
FILER
FEES
.. ,.. .,." ,,,.,,......
.. .........'..'.--... .....,.. ...,....
6,). O(~ F'(.)'(I1ENTS
,',().00
WILLr~M D. MOORE, ESQ.
CI.nUSE CDMMONS M~IN RonD, SUITE 3
f" ,0., F.<D:< 23
MATTITUCV. MY 119J2
FILING
TAX
err!!
cor'In;
IIMIDLINe:
~}(L (H)
,J.,0")
O. (~O
O,()()
10.00
.
. """"'. .,., "..,...,..,--,
... .................--...
OS'M", o;?~"~ {'j'l /89)
C(,)~,II
e1IFC":
DILLFD:
() .,00
f:., t'('~1
60.,0<,)
RFFUHD 0.0~
.
.
BY - LJI.vIS
of
LONG POND ESTl\TES SEC. 7 IimmOVvNERS l\SSOCIl\TION, INC.
ARTICLE I - OFFICES
The principal
TOlrJD of
of New York
The corporation may also have offices at such other places within
or witout this state as the board may from time to time deter-
mine or the business of the corporation may require.
office of the corporation shall be
Seacliff County of
Nassau
in
the
State
ARTICLE II - PURPOSES
The purposes for which this corporation has been organized
are as follows:
See copy of Certi.Eicate of IrlCOrfJOYntioll attached hereto
iJi:iL"' 1
. .
ARTICLE III - MEMBERSHIP
"i. QUALIFICATIONS FOR M..":MEERSHIP.
MBL-2
.
.
2.. z.;:~}iBERSHIP HEE'I\I~\)GS ~
The annual membe:.-ship meeting of the corporation shall
be held on the "lest ciay of December each
year except that if such day be a legal holiday then in that
event the directors sha.ll fix a day not more than two weeks
frolTi -~he date fixed by t.hese jy-laws.. The secretary shall cause
to be mailed to every member in good standing at his address
as it appears on the membership roll book of the corporation
a notice stating the time and place of the annual meeting.
Regular meetings of the corporation shall be held at such
time and place as determined by o~ficere and directors of the
corporation
The presence at any membership meeting of not less than
members shall constitute a quorum and
shall be necessary to conduct the business of the corporation;
however, a lesser number may adjourn the meeting for a period
of not more than eight (13) weeks from the date scheduled
by the by-laws and the secretary shall cause a !':>tice of the
re-scheduled date of the meeting to be sent to those members
who were not pn?sen<c at the meeting originally called. A quorum
as hereinbefore set forth shall be required at any adjourned meeting.
A membership roll showing the list of members as of the
record date, ceztified by the secretary of the corporation,
shall be produc~~d at any meeting of members upon the request
therefor of any member who has given written notice to the corpora-
tion tha-t such request will be made at least ten days prior
to such meeting. All persons appearing on such membership roll
shall be entitled to vote at the meeting.
3. SPECIAL MEETJ:NGS..
Special meetings of the corpora<cion may be called by the
directors. The secretary shall cause a notice of such meetir.g
MB~"""3
.
.
to be mailed to all IT,embers at U',eir addresses as they appear
in the membership roll book at l.eas't ten days but not more than
fifty days before the scheduled date of such meeting. Such notice
shall state the date, time, place and purpose of the meeting
and by whom called.
No other business but that specified in the notice may
be transacted at such special meeting without the unanimous
consent of all present at such meeting.
4. FIXING RECORD DATE
For the purpose of determining the members entitled to
notice of or to vote at any meeting of members or any adjournment
thereof, or to express consent to or dissent from any proposal
without a meeting, or for the purpose of determining the members
entitled to receive any distribution or any allotment of any
rights, or for the purpose of any other action, the board shall
fix, in advance, a date as the record date for any such deter-
mination of members. Such date shall not be more than fifty
nor less than ten days before any such meeting, nor more than
fifty days prior 'co any other action.
5. 1'.CTION BY HEMBERS WITH A HEETING.
Whenever members are required or permitted to take any
action by vote, such action may be taken without a meeting by
written consent, setting forth the action so taken, signed by
all the members e;~ti tIed to vote thereon.
6. PROX:;:ES.
Every member entitled to vote at a meeting of members or
to express consent or dissent without a meeting may authorize
another person or persons to act for him by proxy.
Every proxy must be signed by the member or his attorney-
in-fact. No proxy shall be valid after the expiration of eleven
months from the G;9.te thereof unless otherwise provided in the
proxy. Every proxy shall be revocable at the pleasure of the
member executing it, except as otherwise provided by law..
7. ORDER OF BUSIN:E:SS.
The order of business at all meetinss of menbers shall be
as follows:
1. Roll call
2. Reading of the minutes of the preceding meeting
3. t<eports of committees
MBL-4
.
.
4. Reports of officers
5. Old and unfinished business
6. New business
7. Good and \,elfare
8. Adjournments
8. MEMBERSHIP DUES.
MBL-5
.
.
ARTIC:i..E IV -- DIRECTORS
1. MANAGEMENT OF 'l'HE CORPORATION.
The corporation sha:tl be managed by the board of directors
which shall consist of not less than three directors. Each direc-
tor shall be at least nineteen years of age.
2" ELECTION AND TERi"l OF DIHECTORS.
At each annual meeting of :nembers the membership shall elect
directors to hold office until the next annual meeting. Each
director shall hoJ.d office until the expiration of the term for
",hich he was eleci:ed and until his successor has been elected
and shall have qualified, or until his prior resignation or re-
moval.
3. INCREASE OR DECREASE IN NUMBER OF DIHECTORS.
The number of directors may be increased or decreased by
vote of the members or by a vote of a majority of all of the
directors. No decrease in number or directors shall shorten the
term of any incuI'l1bent direc"c.or.
"'. NEWLY CREATED DIRECTCRSHIPS I\.ND VAC' \JCIES.
Newly created directorships resulting from an increase in
the number of directors and vacancies occurring in the board
for any reason except the removal of directors without cause
may be filled by a vote of a majority of the directors then i:->
office, although less ttan a quo~um exists, unless otherwise
provided in the certificate of: incorporation. vacancies occurring
by reason of the removal. of directors without cause shall be
filled by vote of the members.. A director elected to fill a vacancy
caused by resignation, ceath or removal shall be elected to hold
office for the unexpired t~rm of his ?redecessor.
5. REHOVAL OF DIRECTORS..
.l\ny or all of the directors may be :cemoved for cause by
vote of the members or by action of the board. Directors may
be removed without cause only by vote of the members.
6. RESIGNATION.
A director may resign at any time by giving written notice
to the board, the president or the secretary of the corporation.
Unless otherwise specified in the notice, the resignation shall
take effect upon recei?~ thereof by the board or such officer,
and the acceptance of the resignation shall not be necessary
to make it effective.
iV:r:(L'" 6
.
.
7. QUORUM OF DIRECTORS.
Unless otherwise provided in the certificate of incorpora-
tion, a majority of the entire board shall constitute a quorum
for the transaction of business or of any specified item of busi-
ness.
8. ACTION OF THE BOARD.
Unless otherwise required by law, the vote of a majority
of the directors present at the time of the vote, if a quorum
is present at such time, shall be the act of the board. Each
director present shall have one vote.
9. PLACE fu~D TIME OF BOARD MEETINGS.
The board may hold its meetings at the office of the corpora-
tion or at such other places, either within or without the state,
as it may from time to time determine.
10. REGULAR ANNUAL P~ETING.
A regular annual meeting or the board shall be held immedi-
ately fOlloy..;ing the annual meeting of rr.embers a"t the place of
such annual roeeti~g of members~
1 j. ~()TICE OF r1EErl'INGS OF THE BOARD, ADJOURNBENT.
Regular meetings of 'the board may be held without notice
at such time and place as it shall from time to time determine.
Special meetings of the board shall be held upo~ notice to the
directors and may be called by the president upon three days'
notice to each director either personally or by mail or by wire;
special meetings shall be called by the president or by the secre-
tary in a like manner on written request of two directors. Notice
of a meeting need not be given to any director who submits a
waiver or notice whether before O~ after the meeting or who attends
t.he meeting without protestinq prior thereto or at its commence-
ment, the lack of notice to him.
A majority of the directors present, whether or not a quorum
is present, may adjourn any meeting to a~other time and place.
Kotice of the adjournment shall be given all directors who were
absent at the time or the adjournment and, unless such time and
place are announced at the neeting, to the other directors.
12. CHAIR1IJ'.N.
At all meetings of the board the president, or in his ab-
sence, a chairman chosen by the board shall preside.
MBL-7
.
.
13. EXECUTIVE AND OTHES_ COMMITTEES.
The board, by resolution adopted by a majority of the entire
board, may designate from among its members an executive co~~ittee
and other co~-nittees, each consisting of three or more direc-
tors. Each such comrai ttee shall se:r-\/e at the pleasure of the
board.
ARTICLE V - OFFICERS
1. OFFICES, ELECTION, TERM.
Unless otherwise provided for in the certificate of incor-
poration, the board may elect or appoint a president, one or
more vice-presidents, a secretary and a treasurer, and such other
officers as it may determine, who shall have such duties, powers
and functions as hereinafter provided. All officers shall be
elected or appointed to hold office until the meeting of the
board following the annual meeting of members. Each officer shall
hold office for i:he term for which he is elected or appointed
.lnd until his successor has been elected or appointed and quali-
fied.
2.. REMOV;'..L, RESIGNATION, SJl..LAHY.
Any officer elected or appointed by "C:1e ::,oard ?~ay be removed
by the board with or without cause. In the event of the death,
resignation or removal of an officer, the board in its discretion
may elect or appoint a successor to fill the unexpired term.
Any two or more offices may be held by the same person, except
the offices of president and secretary. The salaries of all officers
shall be fixed by the board~
3. PRESIDENT.
The presider~t shall be the chief executive officer of the
corporation; he shall preside at all meetings of the members
,md of the board; ;-:e shall have the general management of the
affairs of the corporation and shall see that all orders and
resolutions of the board are carried into effect.
4. VICE-PRC:SIDEN'I'S.
Du.ring the a,bsence or disc.bility or the pres~aent, the
vice-president ( or if 'there a::e j.'nore than one, the executive
vice-president, shall have all the powers and functions of the
president. Each vice-president shall perform such other duties
~~s the board shall prescribe.
}.:BL..8
.
.
5. TREASURER.
The treasurer shall have the care and custody of all the
funds and securities of the corporation, and shall deposit said
funds in the name of tIle corporation in such bank or trust com-
pany as the directors may electi he shall, when duly authorized
by the board of directors, sign and execute all contracts in
the name of the corporation, when countersigned by the president;
he shall also sign all checks, drafts, notes, and orders for
t:he payment of money, wi1ich shall be duly authorized by the board
of directors and shall be countersigned by the president; he
shall at all reasonable times exhibit his books and accounts
,to any director or member of the corpor-a tion upon application
at the office of the corporation dur-ing ordinary business hours.
At the end of each corporate year, he shall have an audit of
Ithe accounts of the corporation made by a comrnittee appointed
by the president, and shall present such audit in writing at
the annual meeting of the members, at which time he shall also
present an annual report setting forth in full the financial
conditions of tIle corporation.
6. ASSISTANT-TREASURER.
During the absence or disability of the treasurer, the assis-
i:ant-treasurer, or if there ar-e raore than one, the one so desig-
riated by the secretary or by the board, shall have the powers
and functions of the treasurer.
7. SECRETARY.
The secretary shall keep the minutes of the board of direc-
tors and also the minutes of the members. lIe shall have the
custody of the seal of the corporation and shall affix and attest
the same to documents wz.en duly authorized by the board of direc-
tors. He shall attend to the giving and serving of all notices
of the corporation" and shall have charge of such books and
papers as the board of directors Kay direct; he shall attend
to such correspondence as may be assigned to him, and perform
all the duties incidental to his office. He shall keep a member-
ship roll containing the names, alphabetically arranged, of
all persons who are members of the corporation, showing their
places of residence and the ti~e when they became members.
8. ASSISTANT-S~CFmTARIES.
During the absence or disability of the secretary, the
assistant-secretc~ry, or if there are more than one, the one
so designated by the secretary or by the board, shall have all
t.he powers and ft:.nctions of 'the secretary.
MBL~9
.
.
9. SURETIES AND BONDS.
In case the board shall so require, any officer or agent
0:1:' the corporation shall execute to the corporation a bond in
such sum and with silch surety or sGreties as the board may direct,
conditioned upon the faithful performance of his duties to the
corporation and including responsibility for negligence and
for the accounting for all property, funds or seCllrities of
the corporation which ~ay come into his hands.
ARTICLE VI - SEAL
The seal of the corporation shall be as follows:
ARTICLE VIr - CONSTRUCTION
If there be ar..y conflict between the provisions of the
certificate of incorporation and these by-laws, the provisions
of the certificate of incorporation shall sovern.
ARTICLE VIII - fuV,ENDMENTS
The by-laws may be adopted, amended or repealed by the
members at the time they are entitled to vote in the election
of directors. By-laws may also be adopted, amended or repealed
by the board of directors but any by-law adopted, amended or
rc;pealed by the board may be amer~ded by the raembers entitled
to vote tne:.:-eon as hereinbefore provided.
If any by-law regulating an impending election of direc.
tors is adopted, amended or repealed by the board, there shall
be set forth in the notice of the next meeting of members for
the election of direct.ors the by-law so adopted, amended or
repealed, together with a concise statement of the changes made.
MBL...10