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Development Application
RECEIVED OCT111 1 8 X018 City of Oak Park Heights 14168 Oak Park Blvd N.•Oak Park Heights,MN 55082•Phone(651)439-4439•Fa (651)43 .M PM Development Application )3Sb.,ti CjiJ Type of Request(s): CO1 CD Cure-) ❑ Zoning District Amendment 0 Home Occupation _xi 44 A o Conditional Use Permit 0 Site Plan/Design Guidelines Review ❑ Variance:Single Family Residential ❑ PUD Amendment a�Variance: Other Residential/Commercial 0 PUD Concept Plan Approval /Industrial ❑ PUD General Plan Approval 2 o Subdivision:Major 0 Street Vacation /638 y U o Subdivision:Minor 0 City Financial Assistance ❑ Comprehensive Plan Am�ndmentt' L` �� o r � �?,t" / ✓.(� I J In o �,[o S Base Fee: ` ' Escr Amount: /o CJO Street Location(Address)of Property: / lC 23UQ( VSG and it Up 11 ve. AJ, Legal Description of Property: cl�l CJd l I 10/01 C C f7 76 L 1-1- A i 14)9- -rco o rdArci 'a-k0'trevmiAiii hi This Property Is ❑Abstract ❑Torrens(Certificate 8) Property Identification Number(PIN,PID): 3303 coo/41(z 34, OWNER INFORMATION Ne-F1 Name: Cr-Pa/a �e-F1 � K u u zj�(� Address: Street: /( 0 11 ctmax 1L1 (I .DJ I• 1'\ ' / City: CALoss1.n State: Lai- Zip: 5/ 10l(D Email: ��+ if ?L S G r�Q rz QI ' C.�6// I xTelephone: Home: ` 15— lusiness: L1 Fax: Other:JJhe APPLICANT INFORMATION Name: I l t k u em Address: Street: 5 I J P ' oria/ ft-ore Al . /^yA' (� 1 r-' O City: af,t Pet�'� ( State:014 Zip: :J 56 a� Email: m v'f�'l l/J�,({T�V S 1V N Ci Telephone: Home: Business"s r 311 :I S 3a--Other: caner/Applicant Initials O p r a o)b— l O.(1 tP Q .0 2 - «,o 8 a , City of Oak Park Heights 14168 Oak Park Blvd N. •Oak Park Heights, MN 55082 • Phone(651)439-4439 •Fax(651)439-0574 Development Application Page 2 Description of Request(s): (o1 n( I--I O '4 I .dl f . n i-I-- Ca 6\ tin`C( 1 Ce :S„co.__ If a request for planning/zoning action on the subject site or any part thereof has been previously approved, please describe below: GENERAL CONDITIONS Application Review: The undersigned acknowledges that before this request can be considered and/or approved,all required information and fees, including any deposits shall be paid to the City. An incomplete application will be returned to the applicant. The application approval process commences and an application is considered complete when all required information and fees have been submitted appropriately to the City. Professional Fee Responsibility: It is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s)will be promptly paid upon receipt. If payment is not received from the applicant,the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. It is understood that interest will be charged on the account at the maximum rate allowed by the Fair Credit Act if it becomes thirty (30) days past due. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of the application and shall be paid prior to the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assesses against the subject real property if unpaid by October 31st of each year. �3 I 6.)j.rU //Property Address:-- t� �� �. V� 1` � L�'C� , ,�, '�1�'� (4fvL ) r-yOwner Signatu �✓lrc�` Date: (�I I , D-00/ Applicant Signature: w, i Air} Date:0CA t \\ 2(--)\ I, Jeanette Kunz, of Alex LLC, do hereby authorize Stillwater Skin to apply for conditional use development for the address of 6381 Osgood Ave N #A, Oak Park Heights MN 55082. J ;41,64 Janette Kunz, Alex LLIC /o/ / 7 / Date 10/17/2018 Bill Detail Washington County Washington County Department of Property Records and Taxpayer Services 14949 62nd Street North Stillwater, MN 55082 Online Washington County Parcel Information Payment Information & Fees Parcel Number Status Last Update Links Convenience 33.030.20.41.0032 Active 10/17/2018 PROPERTY TAX Fees are 3:33:26 PM REFUND charged for _ INFORMATION online property Current Owner: Property Address: WITH STATE tax payments. ALEX LLC 6381 OSGOOD AVE N A DEPARTMENT eCheck fee is 6381 OSGOOD AVE N STILLWATER MN 55082 OF REVENUE $0.75 per STILLWATER , MN 55082 transaction. GIS MAP AND Be sure to .se Taxing District VALUE the 9 digit 6101 OAK PARK HTS 834-MSCWMO INFORMATION bank routingnumber from Tax Description IS YOUR your c ec Itg account,not SubdivisionName CIC 076 UNITS A-C SubdivisionCd 60171 PROPERTY the internal ABSTRACT OR bank number TORRENS? from a savings r- or deposit posl.t ' Tax Installment TAX PAYMENT slip. Pay Bill Tax Total OPTIONS multiple Period Number Due Date Year Tax Penalty/Fee Interest Due parcels in one I4'412018 TAX transaction lINST 1026907 5/15/2018 2018 $0.00 $0.00 $0.00 $0.00 with the 1 _ STATEMENT payment cart. -_ ..a PROPOSED INST 1026907 10/15/2018 2018 $0.00 $0.00 $0.00 $0.00 - 2018 TAX Credit Card 2 NOTICE fee is 2.39% $0.00 $0.00 $0.00 0.00'^ (2019 of amount Total Due: $ paid. Discover, _-.__ Notice available in MasterCard November and Visa are Payment Historyu accepted. ---- 2017 TAX American Tax Year Bill Number Receipt Number Amount Paid Last Paid - STATEMENT Express is no 2018 1026907 WB18.34009 $1,590.00 5/15/2018 `? 2016 TAX longer STATEMENT accepted. 2018 1026907 WC18.30566 '$1,590.00 10/15/2018 4 2015 TAX Fees are paid STATEMENT directly to a [Tax Detail BACK OF TAX payment STATEMENT services Gross Tax Credit Net Tax WITH LATE provider to PAYMENT cover the costs CITY OF OAK PARK HEIGHTS $825.10 $0.00 $825.10 PENALTY of the online FISCAL DISPARITIES $964.88 $0.00 $964.88 SCHEDULE payment services and ISD 834 STILLWATER $568.32 $0.00 $568.32charges from .. 2018 the credit card METRO COUNCIL $12.36 1$0.00 $12.36 VALUATION companies. NOTICE METRO MOSQUITO $6.67 $0.00 $6.67 A$30 fee will BACK OF METRO TRANSIT DIST $18.58 $0.00 $18.58 no charged for VALUATION non sufficient STATE OF MN $298.28 $0.00 $298.28 NOTICE WITH fund _._ APPEAL payments. WASHINGTON COUNTY $460.17 $0.00 $460.17 INFORMATION Payment WASHINGTON COUNTY CDA $22.25 $0.00 $22.25 information - -_..w.....__. _ _ collected by WASHINGTON COUNTY RRA $3.39 1$0.00 .$3.39 our online -4 services Total Tax $3,180.00 $0.00 $3,180.00 = provider,or its' _.1 affiliates, is private and governed by the service The information provided on this website is updated each workday at 7:15 AM,CST. Washington County makes every effort to produce and publish the most current and accurate information possible. providers r implied,are provided for the data herein,its use,or its interpretation.If you have any questions,please contact us at(651)430-6175 or TaxesWco.washington.mn.us. privacy This site is best viewed using Google Chrome,Internet Explorer 11,Mozilla Firefox or Safari. statement. https://mn-washington.manatron.com/Tabs/TaxSearch/AccountDetail/BillDetail.aspx?p=33.030.20.41.0032&a=42040&b=1026907&y=2018 1/1 10/16/2018 IMG_0363.JPG 1 tte t ..- -'t : '.w a r k 't ' r- } R fir' , , ,..* 4 , https://mail.google.com/mail/u/0/#inbox?projector=1 1/1 ;. . .1011 , 00.,: ,, .: ' ' - --NIPP--i, , ,„4, „=----,,_ .... , 84, - eZ. , . *Irlippic , , . . . . (.,,,f) .. - i C)C1111 ... lc Ilk fs*A. W .04 0.4..aw..‘0).'''''' ,. ,. ,:koh..,,,, .,.4, ,,,. - m, .,,,V":.",, C I �` �vl -411.- kb +. , -l A . , _ ",may r: liVii CD 1 1-4. 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ML 10/10/2C, NorthstarMLS Matrix Jeanette Kunz w1 ai'. ..et e.'s:if::a ar?oin ittOf 715 441.2804 • Commercial Property Full Property Full Display,Commercial/Mixed Use,MLS#: 4995660 6381 Osgood Ave N, A, Oak Park Heights, MN 55082 Status: Pending List Price: $209,900 Original List Price: $209,900 • ab Orleans 3t I ag Google Map data©2018 Google Map Page: 97 Map Coord: A2 Directions: Hwy 36 To Osgood;North To Property On Right Style: Office TAX INFORMATION Current Use: Professional Service Property ID: 3303020410032 Short Format Const Status: Previously Owned Tax Year: 2018 Total Units: 1 Tax Amt: $3,180 Foundation Size: 932 Assess Bal: $ Building FinSqFt: 1,788 Tax w/assess: $3,180 Year Built: 1940 Assess Pend: Unknown Acres: 1.059 Homestead: No Lot Dimensions: 1.05 acre Yearly/Seasonal: Yearly List Date: 09/03/2018 Received By MLS: 09/03/2018 Days On Market:30 PDOM: 30 CDOM: 30 Off Market Date: 10/10/2018 Selling Agent: Jon L.Archer Projected Close Date: 10/31/2018 Selling Office: Archer Realty Inc. General Property Information Legal Description: Subdivisionname Cic 076 Units A-C Subdivisioncd 60171 Unit A Common Interest Community Number 76 Orchard Park Condominium Oak Park Heights City County: Washington School District: 834-Stillwater Postal City: Stillwater Lot Description: Road Frontage: Zoning: Business/Commercial Owner Occupied: Accessibility: Ramp Remarks Agent Remarks: Building is part of Association;monthly dues are$200 Includes shoveling,lawn,garbage,and insurance.Agent/buyer to verify all information.New siding 2018,furnace 2010,AC 2006.ADA compliant restroom and wheelchair ramp for first floor accessibility.Monthly tenants willing to stay.Large parking lot is a plus! Public Remarks: Excellent Stillwater location and ease of parking with attached lot.Main floor features common conference/waiting room,3 private offices,break/copy room,and new ADA bathroom.Upper floor has 2 large offices and a bathroom.Hardwood floors throughout,unfinished lower level provides storage.New siding 2018,furnace 2010.Association takes care of the snow removal,lawn care and rubbish.Excellent opportunity to own at a reasonable price.Tenants willing to stay. Structure Information Heat: Forced Air Exterior: Brick/Stone,Cement Board Fuel: Natural Gas Fencing: Air Cond: Central Roof: Asphalt Shingles Garage: Water: City Water/Connected Oth Prkg: 10 Sewer: City Sewer/Connected Parking Char: Driveway-Asphalt,Other Utilities: Sale Includes: Building Appliances: Microwave,Refrigerator No.of Refrig: One Basement: Full Amenities-Shared: Common Garden Units No.of Efficiencies: No.of 1 Room Units: No.of 5 Room Units: No,of 1 Bedroom Units: No.of 2 Room Units: No,of 6 Room Units: No,of 2 Bedroom Units: No.of 3 Room Units: No,of 7 Room Units: 10/10/2018 NorthstarMLS Matrix No.. of 3 Bedroom Units: No. of 4 Room Units: Total Units: Financial Cooperating Broker Compensation Buyer Broker Comp: 2.7 °lo Sub-Agent Comp: 0 °!o Facilitator Camp: 2.7 % Variable Rate: N List Type: Exclusive Right Sellers Terms: Conventional, Cash Existing Financing: In Foreclosure?: No Lender Owned?: No Potential Short Sale?: No Owner is an Agent?: Yes Expenses Owner Expense: Tenant Expense: Annual Electric Expense: Annual Repair Expense: Annual Fuel Expense: Annual Trash Expense: Annual Insurance Expense: Annual Water/Sewer Expense: Annual Maintenance Expense: Annual Caretaker Expense: Annual Gross Expense: Total Annual Expenses: Income Annual Gross Income: Annual Net Income: Monthly Rent, 1 Room Units: Annua Rent, 1 Room Units: Monthly Rent, 2 Room Units: Annua Rent, 2 Room Units: Monthly Rent, 3 Room Units: Annua Rent, 3 Room Units: Monthly Rent, 4 Room Units: Annua Rent, 4 Room Units: Monthly Rent, 5 Room Units: Annua Rent, 5 Room Units: Monthly Rent, 6 Room Units: Annua Rent, 6 Room Units: Monthly Rent, 7 Room Units: Annua Rent, 7 Room Units: Monthly Misc. Income: Annua Misc. Income: Contact Information Listing Agent: Jeanette Kunz 715-441-2804 Appointments: Showinglime Listing Office: Lakes Area Realty Hudson* Office Phone: 715-381-0098 MLS #: 4995660 Address: : 6381 Osgood, Oak Park Heights, MN 55082 Information Deemed Reliable But Not Guaranteed. Copyright (c) 2018 Regional Multiple Listing Service of Minnesota., Inc. All Rights Reserved. Z _ s u 1 • 1 ■ l,.J u p P - O .1 - /''� m .... • 1 M mf. t .0 1♦ ) m - 043 a -L N J M C W M �j \-....". N w '0 N U t Y 0 3 - .0 01 2N 0 i „ 1 N 4 G. V C O •1� 0 N L a 1 w i 7 n eO•C-U 0 0 V C•.- 0 • 1-0 E 4 10, C ' •C L 0 m N r0 -) F c 40 d 70 ii L Q L C 10 Y 70 N L a IJ ..I w m 4 S 7I 4 J .0 w C L N< N r 0 0 W C-0 C` ? Eco m 7 0 0 O 2 1 r U V 7 Y` 0 S a,w L P 4 9 UJ ^ 7-4. I 7 L U ON V P L-V G O V Cr 4. 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II --- i ~ o - � A • .Ni e u a `, 2 t4 ^.))L_-- L_ .. 0f.t �o7GC6. _ _ ` I { 1 w 6m 0g 6 cY M.Zt.tt.00f , � '-1 6'S O I S cs y _ h_ -i • PctOp'tt� �p 1.OGOI-, 1 >• m... m < 1 1 M 1 N V 6 V I In Ot + I 94:. ESE I I I Oe O 1°. U I__4._ I eo c C{ 1�yi` q -I `� ? I 1 I G r O11V - 3 . 2 I I I 1��10I: I I If I • <' • I �V I I I v N i I I i I Ot 1 cc aI I � t 2 -- - - -- I I , �..- .yE ...- 1 .-- - - - -t 8h' 9 - _ _ _ - - - - - - - - - - - -3 .61 .L0 ,00 S -� -- - - - - - - - 0 Cr 4 (-1.f.: X11+nn} c'.r'E.) I • .. ... .. y r.. -. - 0 7 / • Cr V Q i d A a � U u u ; ("inc.( I09'4 D COMMON INTEREST COMMUNITY NUMBER 76 ORCHARD PARK CONDOMINIUM ./. ,.00 a ( ROOF OVERHANG O TVP. 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MIAs..• 551912 / .Oil rT curry 9 [1F 9 SIaFFTS 858683 DECLARATION CIC NUMBER 76 ORCHARD PARK CONDOMINIUM THIS DECLARATION made this /4 day ofOCA-, 1995 by Robert S. Hagstrom, Jr., and Diane R. Hagstrom, husband and wife. WHEREAS, Declarant is the fee owner of CIC No. 76 , Orchard Park Condominium, which condominium is situated within Washington County, Minnesota, and includes the Condominium Parcel legally described within Exhibit A attached hereto and made a part and hereof and Declarant desires to submit said realprop pry andns of all improvements located thereon (the "Property") to Minnesota Statues Chapter 515B, the Minnesota Common Interest Ownership Act. NOW, THEREFORE, Declarant makes this Declaration improvements omits the Property, together with all structures and imp hereafter located thereon, to the provisions of the Minnes Minnesota Interest Ownership Act, Minnesota to Statutes the Chap er covenants- , 101 to 515B.4-118 (the "Act") andin this easements, restrictions, charges and liens set forth upon the Declaration, which shall run with the land n d beibind o binding n Declarant and all Persons having any personalh , representatives, interest therein, and their respective heirs, shall hereafter known successors and assigns. Said Property as "Orchard Park Condominium". Said Orchard Park Condominium shall be governed by an Association as defined hereinbelow, shall not permit time shares, and (subject to subdivision or conversion rights defined hereinbelow) shall be comprised of three (3) each restricted to non-residential use. ARTICLE I DEFINITIONS Wherever the following terms are used in this Declaration, they shall have the meanings hereafter set forth. If said terms are defined in Minnesota Statues Chapter u515B.lss ,expresslythmeanings shall be the same as set forth therein, herein. A. nterest nership Minnesota�Statutes Chapter 515B.1-103ct. The Minnesota Common to 5158.4-118. ct, B. Aaaeaament. The amount or amounts required B oabe paid by Owners for Common Elements as determined by C. Association. Orchard Park Association, a non-profit corporation organized and existing under the laws of the State of Minnesota, Minnesota Statutes Chapter 317A, whosenmembwhose ers are all of the Owners, acting as a group th this Declaration and the Bylaws of the Association. Said SC\CORP\ORCHARD.PLC Association shall not be deemed a master association pursuant to Minnesota Statutes Section 515B. 2-121. D. Board or Board of Directors. The Board of Directors of the Association. E. Building. The structure or structures which are located on the Property and which contain the Units. F. bylaws. The duly adopted Bylaws of Orchard Park Association. G. Common Elements. All portions of Orchard Park Condominium other than the Units. H. Common Expenses. All sums lawfully assessed against Owners by the Association for expenses of administration and management of the Property, . of improvements, maintenance, operation, insurance, repair or replacement of the Common Elements, including any reserves established therefor, all expenses agreedupon as Common Expenses by the Association, and all other expenses declared to be Common Expenses by the Act, this Declaration or the Bylaws. I. Condominium. Orchard Park Condominium. J. CIC Plat. The CIC Plat for Orchard Park Condominium, as provided for in Minnesota Statutes, Chapter 5158.2-110, which are filed with the County Recorder for Washington County, Minnesota and which are a part of this Declaration. K. Declarant. Robert S. Hagstrom, Jr. , and Diane R. Hagstrom, husband and wife, or the successors and assigns of either, if any said successor or assign shall acquire all Units owned by Declarant or a subsequent Declarant on the date of said acquisition. L. Declaration. This instrument, by which the Property is submitted to the provisions of the Act. M. ,Limited Common Elements. Those Common Elements which adjoin or are assigned to one or more but fewer than all Units as set forth in Article III hereof and which exclusively serve and are to be enjoyed and used by the Owners of such Unit or Units. N. Occupant. A person or persons, other than an Owner, in possession of a Unit. 0. Owner or Unit Owner. The person or persons who hold record title to a Unit,as shown by the records in the Office of the County Recorder of Washington County, Minnesota, sr\coxe\oncRARD.D C 2 a life tenant under a recorded lease shall be considered the Owner in such case. P. Partition Wall. Any wall or partition contained within a Building that separates a Unit from another Unit. Q. person. A natural individual , corporation, partnership, association, trustee or other legal entity. R. property. The Condominium Parcel described on Exhibit A, together with the Buildings and other improvements and structures constructed on or contained on or therein, all owned in fee simple absolute, and all easements, rights and appurtenances belonging thereto. S. Security for an Obligation. The mortgagee's interest in a mortgage, the vendor's interest in a contract for deed, a purchaser's interest under a sheriff's certificate of sale during the period of redemption, or the holder's interest in a lien. T. Surface Parking Areas. That part of the Common Elements provided by the Association for parking of automobiles. U. Undivided Interest. The percentage of undivided interest in the Common Elements which is appurtenant to a Unit and included in a Unit as set forth in Exhibit B hereto. V. Unit. That part of the Property with a direct exit to a part of the Common Elements leading to a public street or highway, designed and intended for use as an office area or suite (which also may include such other uses as are permitted by this Declaration) , all as more fully defined and described in Article II of this Declaration. ARTICLE II DESCRIPTION OF THE BUILDINGS A. General Description of Buildings. Orchard Park Condominium shall initially consist of three Buildings, each comprising one Unit. So long as a Unit comprises a whole and entire Building, "Building" and "Unit" shall be deemed synonymous relative to that particular Building and Unit. The Unit will be assigned parking spaces in the Surface Parking Area adjacent to the Buildings. Additional parking spaces available for common use by Owners, guests, licensees, and invitees are also located on the Surface Parking Areas. The Buildings comprising the Units are of the following construction: See Schedule A-1 attached hereto, and which Schedule A-1 also contains each Units unit identifier. Each Unit is equipped with heating and cooling equipment and a restroom. 3 ST\CORP\QRCHARD.nec ' J B. Information Concerning Individual Units. 1. Location. The CIC Plat showing the layout, location, Unit numbers and dimensions of the Units, and any storage areas allocated to each Unit is made a part hereof. 2. Other Information. See Exhibit B attached hereto and hereby specifically incorporated herein by reference. The percentage of Undivided Interest in the Common Elements set forth in Exhibit B shall control for determination of each Owner's liability for Common Elements, common expenses of the • Association, votes in the Association, and for all other relevant purposes as more fully described herein in the Bylaws and Minnesota Statutes Chapter 515B.2-108. The items are allocated equally for all purposes. C. Dimensions of Units. The dimensions of the Units are shown on the CIC Plat. Each Unit consists of the area measured horizontally from the plane coinciding with the exterior surface of the outside walls, roof and attachments thereto of the Building bounding the Unit. Vertically, each Unit consists of the space between the plane of the bottom surface of the lowest level floor and the plane of the exterior surfaces of the roof. For purposes of the foregoing, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces of any wall, ceiling or floor, shall be a part of the Unit. In addition, doors which are situated on the boundary lines of individual Units shall be considered the same as the walls in which such doors are set. Except as otherwise expressly provided herein, all spaces, interior partitions, and other fixtures or improvements within the boundaries of a Unit are a part of such Unit. ARTICLE III COMMON ELEMENTS A. Components of Common Elements. The Common Elements consist of the entire Property, including, without limitation the following: 1. The land described on Exhibit A; 2 . All central and appurtenant installations providing • services for more than one Unit such as power, light, telephone, gas, hot and cold water, refrigeration, incineration, including all pipes, ducts, wires, cables and conduits used in connection therewith, whether located in Common Elements, Limited Common Elements, Units, or any other mechanical equipment spaces; 3 . All tanks, pumps, motors, fans, compressors and control equipment serving any part of the Common Elements; 4 ST\eORP\O CHARD.nac 4. All sewer pipes; 5. The Surface Parking Areas, all head bolt heaters serving such spaces and all roads and driveway areas; 6. All other parts of the. Property and all apparatus and installations existing in the Building or on the Property for common use or necessary or - convenient to the existence, maintenance or safety of the Property. B. Access to Common Elements. The immediate Common Elements to which each Unit has access is shown on the condominium Plat. C. Conveyance of Common Elements. The Common Elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an undivided interest in the Common Elements without the Unit to which the undivided interest is allocated shall be null and void. D. Easements for Ingress and Egress Through Common Elements and Support. 1. Each Unit Owner is hereby granted an easement in common with each other Unit Owner for ingress and egress through all Common Elements, subject to such reasonable rules, regulations and restrictions as may be imposed by the Unit Owners Association. Each Unit is hereby burdened with and subjected to an easement for ingress and egress through all Common Elements by persons lawfully using or entitled to the same. 2. Each Unit and Common Element shall have an easement for lateral and subjacent support from every other Unit and Common Element. E. Additional Common Elements Easements in Fayor of Owners. The Common Elements including, but not limited to, the Limited Common Elements shall be and are hereby made subject to the following easements in favor of the Units benefitted: I . For the installation, repair, maintenance, use, removal and/or replacement of pipes, ducts, heating and air conditioning systems, electrical, telephone and other communication wiring and cables and all other utility lines and conduits which are a part of or serve any Unit and which pass across or through a portion of the Common Elements. 2. For the installation, repair, maintenance, use, removal and/or replacement of lighting, fixtures, electrical receptacles, panel boards and other electrical installations which are a part of or serve any Unit but which encroach into 5 ST\COAP\ORCHD.DSC AR a part of a Common Element adjacent to such Unit; provided that the installation, repair, maintenance, use, removal or replacement of any such item does not unreasonably interfere with the common use of any part of the Common Elements, adversely affect either the thermal or acoustical character of the Building or impair or structurally weaken the Building. 3 . For driving and removing nails, screws, bolts and other attachment devices into the Unit side surface of the stone, block, brick or other masonry walls bounding the Unit and the Unit side surface of the studs which support the dry wall or plaster perimeter walls bounding the Unit, the bottom surface of floor joists above the Unit and the top surface of the floor joists below the Unit to the extent such nails, screws, bolts and other attachment devices may encroach into a part of a Common Element adjacent to such Unit; provided that any such action will not unreasonably interfere with the common use of any part of the Common Elements, adversely affect either the thermal or acoustical character of the Building or impair or structurally weaken the Building. 4. For the maintenance of the encroachment of any lighting devices, outlets, medicine cabinets, exhaust fans, ventilation ducts, registers, grilles and similar fixtures which serve only one Unit but which encroach into any part of any Common Elements or Limited Common Elements on the date this Declaration is recorded. F. Surface Parking Spaces. Each Unit Owner shall be entitled to a certain number of parking spaces in the Surface Parking Areas, although not less than ten percent ( 10%) of all parking spaces shall remain unassigned and shall be utilized in such manner as is reasonably determined by the Board of Directors. Such spaces may be assigned to each Unit by the Board of Directors. The number of spaces available to each Unit Owner shall be based on the Unit's Undivided Interest in the Common Elements, unless special circumstances warrant an increase in the number of spaces to which a Unit Owner is entitled, which determination shall be made by the Board of Directors. No assigned spaces may be relocated nor may the number assigned to a given Unit be reduced (except in the case of a reduction in the size of the Unit) without the consent of the Unit Owner affected. No trailers of any kind, campers, boats or similar equipment may remain parked on the property, except when being used for delivery, service, loading or unloading or similar temporary use, unless the Board of Directors has given prior written permission. Any disputes with respect to parking may be referred to the Board of Directors for review and disposition. 6 sT\coxv\oxcIAR .n ec ARTICLE IV LIMITED COMMON ELEMENTS A. Unit Boundaries. If any chute, flue, duct, pipe, wire, conduit, bearing wall , bearing column, or any other fixture lies partially within and partially outside of the designated boundaries of a Unit, any portion thereof serving only that Unit is a Limited Common Element allocated solely to that Unit, and any portion thereof serving more than one Unit or any portion of the Common Elements is a part of the Common Elements. All exterior doors and windows and any shutters, awnings, window boxes, doorsteps, stairways, stoops, porches, patios, or other fixtures designed to serve a single unit, but located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit. ARTICLE V ENCROACHMENTS If any portion of the Common Elements shall encroach upon any Unit, or if any Unit shall encroach upon any other unit or upon any portion of the Common Elements, as a result of the construction of any Building, or if any such encroachment shall occur hereafter as a result of settling, expansion, sag or structural adjustment of a Building (as distinguished from sudden, extreme and accidental change by acts of God or other accidental causes) , a valid easement for the encroachment and for the maintenance of the same as long as the Building stands, shall exist. If a Building, one or more Units, or any adjoining part of the Common Elements shall be partially or totally destroyed as a result of fire or other casualty, or as a result of condemnation or eminent domain proceedings, or conveyance in lieu of eminent domain proceedings, and then rebuilt, encroachments of parts of the Common Elements upon any Unit or any other Unit upon any part of the Common Elements due to such rebuilding, shall be permitted, and valid easements for such encroachments and for the construction or reconstruction of any Unit or Common Elements or the maintenance thereof shall exist so long as the Building shall stand or during any period of construction or reconstruction, and such encroachments and easements shall not affect marketability of title. ARTICLE VI ASSOCIATION A. Membership. An Owner shall, by virtue of such interest, be a member of Orchard Park Association, a non-profit corporation organized under the laws of the State of Minnesota. When more than one person holds an interest in a Unit, all such persons shall be members. The administration of the Property shall be in conformity with this Declaration, and shall be governed by the Bylaws of the Association. 7 BT\CORP\ORCHAPD.DSC B. Obligation of Compliance. Each Owner and Occupant of a Unit shall comply with the provisions of this Declaration, the Bylaws of the Association, and any rules and regulations duly promulgated by the Board of Directors. C. Powers of _,ssociation. The Association shall have the power and authority to exercise all powers and rights granted herein, by the Bylaws, and by the provisions of the Act. D. Association to Maintain Common Elements: Exceptions. , Except as otherwise provided herein or in the Bylaws, the Association shall be responsible for maintenance, repair, and replacement of the Common Elements. Included in such responsibility shall be the obligation to maintain and repair the storm sewer, sanitary sewer and water lines located on the Property. An easement is hereby created in favor of the City of Oak Park Heights and/or the City of Stillwater, whichever may be applicable, to enter the Property for purposes of inspecting the foregoing utilities. Such entry and inspection shall be made at reasonable times and in a manner such as to minimize the interference with the operation, use and enjoyment of the Property. All maintenance, repair and replacement responsibility and expenses incurred with respect to any rooftop condenser, fan coil unit, baseboard zone valve, thermometer or radiator serving a Unit in connection with the heating and air conditioning system shall be borne by the Unit Owner. In addition, all maintenance, repair and replacement responsibility and expenses incurred with respect to the storage areas, basement areas and fireplace boxes, facing and flues, if any, serving a Unit shall be borne by the Owner of such Unit. Notwithstanding the foregoing, no Unit Owner may undertake any maintenance, repair or replacement outside of the Owner's Unit except with the approval of and in the manner prescribed by the Board of Directors. E. Assessments. As set forth in the Bylaws, the Association shall have the power to levy Assessments against the Units to defray the Common Expenses of the Association. Common Expense Assessments shall be levied against all Units in accordance with the percentage Undivided Interest of each Unit. Any Common Expense associated with the maintenance, repair, or replacement of a Limited Common Element may, in the Board of Directors' discretion, be assessed against the Unit, or, in equal shares, against the Units to which the Limited Common Element is adjacent or assigned. Further, the Association may, in the Board of Directors' discretion, assess any Common Expense benefitting less than all of the Units against only those Units benefitted. In such case, the Common Expense shall be allocated among the benefitted Units in proportion to their percentage undivided Interests. F. Assessment to be Lien. The Association shall have a lien on a Unit for any Assessment levied against that Unit, or for any sums owing by the Unit Owner pursuant to Article IX hereof, from ST\CORP\ORCHARD.DEC 8 MEW the time the Assessment or other sum becomes payable. The Association's lien may be foreclosed as provided by the laws of the State of Minnesota as if it were a lien under a mortgage containing a power of sale. The rights of the parties shall be the same as those provided by law except that the period of redemption for Unit Owners shall be six months from the date of sale or a lesser period authorized by law. A lien under this section is prior to all other liens and encumbrances on a Unit except (i) liens and encumbrances recorded before the recordation of the Declaration; (ii) any recorded mortgage or related bond indenture on the Unit securing a first mortgage holder, and (iii) liens for real estate taxes and state governmental assessments as charged against the Unit. This section does not affect the priority of mechanics' or materialmens' liens. The recording of this Declaration shall constitute record notice and perfection of the lien, and no further recordation of any claim of lien under this section is required. Unit Owners at the time an Assessment is payable are personally liable to the Association for payment of the Assessments. The Association shall furnish to a Unit Owner or his authorized agent upon written request of the Unit Owner or his authorized agent a recordable statement setting forth the amount of unpaid Assessments currently levied against his Unit. The statement shall be furnished within ten (10) business days after receipt of the request and is binding on the Association and every Unit Owner. G. Board of Directors. From the date the first Unit is conveyed to an Owner other than Declarant, and for up to three ( 3 ) years thereafter, the Declarant may elect the members of the Board of Directors, provided that: 1. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Units to Owners other than the Declarant, not less than one-third (1/3) of all of the members of the Board of Directors shall be elected by Owners other than Declarant; and, 2. Not later than sixty (60) days after conveyance of seventy-five (75%) of the Units, to Owners other than Declarant, the Declarant's right to control the Association shall terminate. Not later than the termination of the period of Declarant's control and thereafter, the Unit Owners shall elect a board of directors of at least three (3) members, at least a majority of whom shall be Unit Owners or the individual nominees of Unit Owners other than individuals. Until such termination of the period of Declarant's control, Declarant shall have the right to appoint or remove any officer or director of the Association. In the determination of the Declarant's sole right to elect all or some of the members of the Board of Directors, the percentage of Units conveyed sh[a]ll be determined as if all the ST\CORP\ORCFHARD.DEC 9 Units which the Declarant has built or reserved the right to build herein were included in the total number of Units in the condominium. H. Common Elements Easement in Favor of the Association. The Common Elements (including, but not limited to, the Limited Common Elements) shall be and are hereby made subject to an easement in favor of the Association and the agents, employees and independent contractors thereof for the purpose of the inspection, upkeep, maintenance, repair and replacement of the Common Elements (including, but not limited to, the Limited Common Elements) . I . Units and Limited Common Elements Easement in Favor of Association. The Units and the Limited Common Elements are hereby made subject to the following easements in favor of the Association and its agents, employees and independent contractors: 1. For inspection of the Units and Limited Common Elements in order to verify the performance by Owners of all items of maintenance and repair for which they are responsible; 2. For inspection, maintenance, repair and replacement of the Common Elements or the Limited Common Elements situated in or accessible from such Units or Limited Common Elements , or both; 3. For correction of emergency conditions in one or more Units or Limited Common Elements, or both, or casualties to the Common Elements, the Limited Common Elements and/or the Units. ARTICLE VII WATER AND SEWER CHARGES AND UTILITIES A. Water. Water shall be supplied to all of the Units and the Common Elements through one or more building meters and the Association shall pay, as a Common Expense, all charges for water consumed on the Property including that consumed in the Units, together with all related sewer charges or rents arising therefrom, promptly after the bills for the same shall have been rendered. B. Natural Gas. Natural gas shall be supplied directly to each Unit through separate meters, and each Owner shall be required to pay the bills for natural gas consumed in his Unit. C. Power. Electric power shall be supplied directly to each Unit through a separate meter, and each Owner shall be required to pay the bills for electrical power consumed or used in his Unit. The electric power serving the Common Elements shall be separately metered, and the Association shall pay all bills for electric power consumed in the Common Elements as a Common Expense, provided that the electric power used in connection with head bolt heaters shall ST\CORP\ORCHARD.OYC 10 • be paid for by the Owners to whom the parking spaces contained such heaters are assigned. ARTICLE VIII USE OF THE PROPERTY Ownership of each Unit and the appurtenant Undivided Interest in the Common Elements shall be subject to the following restrictions which shall constitute covenants running with the Land and binding upon the Declarant and each Unit Owner and their grantees, successors, heirs, representatives and assigns: A. Units shall be used and occupied solely as executive, business, professional or administrative offices and such uses incidental thereto as may be permitted by the laws, rules and ordinances of the City of Oak Park Heights. Units shall not be used for manufacturing, industrial, hotel , residential, or retail purposes. B. Common Elements shall be used only for the furnishing of services, facilities, and conveniences for which they are reasonably suited and which are incidental to the proper use and occupancy of the Units. C. Nuisances shall not be permitted to exist on the Property, and no uses or practices shall be allowed on the Property or any part thereof which would cause unpleasant or obnoxious noise or odors, which interferes with the peaceful possession and proper use of the Property, which unreasonably increased the normal use of the Common Elements, which unreasonably increases the Common Expenses, or which would result in the cancellation of insurance with respect to the Condominium or would increase the cost of such insurance. D. All valid governmental laws, ordinances and regulations applicable to the Property shall be observed at all times. E. The Common Elements shall not be modified, amended, altered, improved, nor any part thereof be removed except upon the express authority of the Board of Directors of the Association and- upon the approval of the City of Oak Park Heights, and in no event in contravention of this Declaration, the Act, the Association Bylaws, rules or regulations or any applicable government law, ordinance or regulation. F. Such signs as benefit, identify or pertain to a certain Unit or a group of Units, shall be the responsibility of the Unit owner(s) but the initial cost, operation and any maintenance, repair or replacement thereof shall be at the sole cost and expense of the Owner of such benefitted Unit or Units. Any exterior sign benefitting all of the Units, as a group, shall be deemed a Common Element and shall be provided by and be the responsibility of the 11 sx\caaa\oaceuno.nec Association. G. There shall not be hung or posted any advertisements, posters or signs of any kind in or on the Common Elements, or visible from the Common Elements except as authorized by the Board of Directors of the Association in rules and regulations addressed to the matter. H. There shall not be installed any wiring for an electrical installation, television or radio antenna, or the like on the exterior of a Unit or a Building or protruding through the walls or the roof of a Building, except as authorized by the Board of Directors of the Association. I. Awnings, shades or other coverings shall not be erected over and outside of the windows of Units nor shall any articles or structures be hung or placed on any outside window sills of a Unit except as authorized by the Board. J. The sidewalks, walkways, corridors, halls, and passages shall not be constructed or used for any other purpose than ingress to and egress from the Units and from and within the Common Elements. K. Sidewalks, walkways, corridors, halls, and passages shall be kept free and clear of rubbish, debris and other unsightly objects and materials. L. Units may be leased to other persons, provided all such leases shall be in writing and shall expressly provide that they are subject in all respects to all of the provisions of this Declaration, the Act, and the Bylaws and rules and regulations of the Association, and that any failure of the tenant to comply with any such provisions shall be a default under the lease and shall be authority for the Association to declare the lease terminated. Copies of all leases shall be delivered to the Association prior to the commencement of any lease term. M. Additional and supplementary rules and regulations concerning the use of the Units and the Common Elements and reasonably relating to the common use and enjoyment thereof by all Unit Owners may be promulgated and 'amended from time to time by the Board of Directors of the Association, provided such rules and regulations shall not contravene provisions of the Act, this Declaration, or the Bylaws. Copies of such rules and regulations shall be furnished by the Board of Directors to each Unit Owner and Occupant not less than ten (10) days prior to the time when the same shall become effective. N. No Unit owner shall be exempt from liability for contribution towards the Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by the abandonment of sz\coar\oxcHARD.nxc 12 the Unit. O. No covenants or restrictions contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. ARTICLE IX DEFAULT AND REMEDIES Failure to comply with any of the terms of this Declaration, the Bylaws and the rules and regulations promulgated by the Board shall be grounds for relief, including without limitation, an action to recover any sums due for money damages, injunctive relief, foreclosure of the lien for payment of all Assessments, any other relief provided for in this Declaration or any combination thereof and any other relief afforded by a court of competent jurisdiction, all of which relief may be sought by the Association, the Board, the Managing Agent or, if appropriate, by an aggrieved Owner and shall not constitute an election of remedies. In any 1 such action, the prevailing party shall be entitled to recover its costs incurred in the action, together with reasonable attorney's fees. This Declaration shall run with the land and shall be binding upon each person acquiring any interest therein, regardless of whether any such person is an Owner or not. ARTICLE X INSURANCE A. Insurance Coverage. The Association shall , upon the execution and delivery of a deed conveying the first Unit by the Declarant, obtain and maintain to the extent reasonably available: 1 . Hazard Insurance. a. Hazard insurance, with an endorsement for extended coverage, or such other fire and casualty insurance as the Board may determine provides equal or greater protection for the Owners and their mortgagees. Said hazard insurance shall , if and to the extent reasonably available, provide coverage of the Common Elements (including the Limited Common Elements) , including fixtures and Building service equipment and common personal property and supplies belonging to the Association, and the Units, including fixtures, interior walls, interior doors, built-in cabinets and counters and electrical and plumbing conduits and pipes initially installed by the Declarant. Said insurance shall, if so required by the first mortgagee of a Unit, and if and to the extent reasonably available, also cover fixtures, equipment and other personal property inside a Unit if 13 sm\CORP\ORCHARD.DEC such fixtures, equipment or personal property are financed by a mortgage provided by such mortgagee. If said insurance is so provided, the Association shall require said Owner to pay, as an Assessment, the additional cost incurred by the Association in so insuring said Owner's fixtures, equipment or other personal property. Said hazard insurance shall insure against all risks of direct physical loss commonly insured against. If said hazard insurance no longer becomes available in the future, the Association shall obtain such comparable insurance as is then available. The amount of any said hazard insurance obtained pursuant to this paragraph shall be equal to the full insurable replacement value of the insured property, without deduction for depreciation (i.e. , one hundred percent (100%) of current "replacement cost" exclusive of land, foundation, excavation and other items normally excluded from coverages, but including all Building service equipment) , with an "agreed amount endorsement" or its equivalent, , if available, or an "inflation guard endorsement", if available, and construction code endorsements, if applicable and to the extent required by a first mortgage of a Unit. b. Such hazard insurance shall afford protection against at least the following: i . loss or damage by fire •and other perils normally covered by the standard extended coverage endorsement; ii . all other perils which are customarily covered with respect to projects similar in construction, location and use, including all perils normally covered by the standard "all risk" endorsement, where such is available. c. Said insurance coverage shall be on a master or blanket policy and shall be written in the name of, and the proceeds thereof shall be payable to, an insurance trustee as defined below in Article X, Paragraph B, or to the Association, as trustee for each of the Owners and holders of an interest of the Units suffering loss. Said insurance shall not be cancellable as a result of the conduct or any act of the Association or of any of its officers, directors, or employees without prior written demand to cure, nor shall insurance be cancellable as a result of the conduct of the Owner or his family or guests. All policies of physical damage insurance shall contain waivers of subrogation and waivers of any defense based on co-insurance or of invalidity arising from any acts of the insured, shall em\coRP\cwcewxn_oac 1 4 contain a standard mortgage clause and shall provide that said policies may not be cancelled or substantially modified without at least ten (10) days prior written notice to all of the insureds and all first mortgages of record of Units. 2. Comprehensive Liability Insurance. a. Comprehensive Liability Insurance policies insuring the Owners, in their capacity as Owners and Association members and any managing agent retained by the Association, and the Declarant, in its capacity as an Owner, Association member or director, against any liability to the public or to other Owners, their tenants or invitees, relating in any way to the ownership, operation, maintenance and/or use of the Common Elements and any part thereof , the public ways of the project, and any other areas under the Association's supervision. b. Such insurance policy shall contain a "severability of interest endorsement" or equivalent coverage which precludes the insurer from denying the claim of an Owner because of the negligent acts of the Association or another Owner. c. Limited of liability shall be at least one million dollars ($1,000,000.00) covering all claims for personal injury and/or property damage arising out of a single occurrence. d. All Owners, mortgagees and the Declarant shall be named or designated as additional insureds. All policies must provide that at least ten (10) days prior written notice must be given to the Association and all first mortgagees of Units before the insurer may cancel or substantially modify such policy. 3 . Workers Compensation Insurance. Upon the employment, as such term is defined under Minnesota workers compensation laws, by the Association of any person or persons, the Association shall also obtain and maintain in force such policy or policies of workers compensation insurance as are required by law. B. Insurance Proceeds. In the event of loss or condemnation or damage to any part of the Property, any insurance or condemnation proceeds shall be deposited by the Association as trustee in escrow with a title insurance company, or with such other insurance trustee experienced in escrow and disbursements of construction funds. If, upon sworn construction statements, the Association determines that the cost of reconstruction, rebuilding, and repair following such casualty shall be in excess of the proceeds received, the amount of such excess, in the case of damage 15 9T\CORP\CRcINO.DEC • • or destruction to any part of the Common Elements, shall be collected by the Association from the Owners in the manner set forth in the Bylaws for collection of Common Expenses and deposited with said escrow agent prior to the commencement of any such reconstruction, rebuilding or repair. In the case of damage or destruction to any Unit, the amount of such excess shall be collected by the Association from the Owner of such damaged Unit, in like manner, and deposited with such escrow agent prior to the commencement of any reconstruction, rebuilding or repair of that ' Unit. Payments out of escrow for repair, rebuilding or reconstruction shall be made only upon guaranty by the title insurance company protecting the Property against mechanics' or materialmens' liens arising out of such repair, rebuilding, or reconstruction in the amount or amounts of the payment or the sum of such payments made for such repair, rebuilding or reconstruction. C. Notice. If the insurance described in Paragraph A of this Article is not maintained, the Association shall immediately cause notice of that fact to be sent by United States mail, postage prepaid, to all Owners and first mortgagees of Units at their addresses, as provided to the Association. D. Common Expenses. Except as otherwise provided herein, all costs of insurance as set forth above shall be paid by the Association as Common Expenses as provided in Article VI of the Bylaws. E. Annual _review. The Association shall review the coverages provided by the aforementioned policy or policies at least annually to determine whether such coverages are adequate and shall adjust such coverages as necessary. F. Further Coverage. The Association shall obtain and maintain such other forms of insurance coverage as may be appropriate from time to time. ARTICLE XI EMINENT DOMAIN A. ,Acquisition by Eminent Domain. If a Unit is acquired by eminent domain, or if part of a Unit is acquired by eminent domain leaving the Owner with a remnant which may not practically or lawfully be used for any purpose permitted by the Declaration, the award therefore shall compensate the Owner and holders of an interest as Security for an Obligation in the Unit and its Common Element interest as their interests may appear, whether or not any Common Element interest is acquired. Upon acquisition, unless the decree otherwise provides, that Unit's entire Common Element interest, votes in the Association, and liability for Common Expenses are automatically reallocated to the remaining Units in proportion to the respective interests, votes, and liabilities of 1 6 ST\CORP\ORCKkRD.OE those Units prior to the taking, and the Association shall promptly prepare, execute and record an amendment to the Declaration reflecting the reallocations. Any remnant of a Unit remaining after part of a Unit is taken under this Paragraph A is thereafter a Common Element. B. Revision of Common Element Interest. Except as provided in Article XI Paragraph A, if part of a Unit is acquired by eminent domain, the award shall compensate the Owner and the holders of an interest as Security for an Obligation as their interests may appear for the reduction in value of the Unit and appurtenant interest in the Common Elements. Upon acquisition, unless the apportionment thereof pursuant to the Declaration is based upon equality, (i) that Unit's Undivided Interest, votes in the Association, and liability for Common Expense are reduced in proportion to the reduction in the size of the Unit, and (ii) the portion of Undivided Interest, votes, and liability for Common Expenses divested from the partially acquired Unit are automatically reallocated to that Unit and the remaining Units in proportion to the respective interests, votes, and liabilities of those Units prior to the taking, with the partially acquired Unit participating in the reallocation on the basis of its reduced interests, votes, and liabilities. C. Payment of Award. If part of the Common Elements is acquired by eminent domain, the award shall be paid to the Association. Unless otherwise agreed with the trustee for any issue of bonds used to finance one or more Units, the Association shall divide any portion of the award not used for any restoration or repair of the remaining Common Elements among the Owners and holders of an interest as Security for an Obligation as their interests may appear in proportion to their respective interests in the Common Elements before the taking, but the portion of the award attributable to the acquisition of a Limited Common Element shall be equally divided among the Owners of the Units to which that Limited Common Element was allocated at the time of acquisition and the respective holders of an interest as Security for an Obligation of the Units as their interests may appear of the Units to which that Limited Common Element was allocated at the time of acquisition, or in such other manner as the Declaration may provide. D. Decree to be Recorded. The Association shall cause the court decree to be recorded in the office of the County Recorder of Washington County. ARTICLE XII CASUALTY DAMAGE TO THE PROPERTY A. property to be Restored. In the event that any portion of the Condominium is damaged or destroyed, the same shall be promptly repaired or replaced by the Association unless: ST\ \camamtD-OEC 17 A __.. 1. The Condominium is terminated pursuant to Article XVII hereof and the Association votes not to repair or replace all or part thereof; 2. Repair or replacement would be illegal under any state or local health or safety statute or ordinance; or 3. Eighty percent (80%) of the Owners, including every Owner and first mortgagee of a Unit or assigned Limited Common Element which will not be rebuilt, vote not to rebuild. The cost of repair or replacement of a Unit or the Common Area in excess of insurance ' proceeds and reserves shall be a Common Expense. If less than the entire Condominium is repaired or replaced: 1. The insurance proceeds attributable to the damaged Common Elements shall be used to restore the damaged area to a condition compatible with the remainder of the Condominium; 2. The insurance proceeds attributable to Units and Limited Common Elements which are not rebuilt shall be distributed to the Owners of those Units and the holders of an interest as Security for an Obligation of those Units and the Owners and holders of an interest as Security for an Obligation of the Units to which those Limited Common Elements were assigned, as their interests may appear; and 3. The remainder of the proceeds shall be distributed to all the Owners and holders of an interest as Security for an Obligation as their interests may appear in proportion to their Undivided Interests. B. Decision Not to Rebuild Unit. In the event the Owners vote not to rebuild a Unit, that Unit's entire Undivided Interest, votes in the Association, and liability for Common Expenses are automatically reallocated upon the vote as if the Unit has been condemned under Article XI, and the Association shall promptly prepare, execute and record an amendment , to this Declaration reflecting the reallocations. Notwithstanding the provisions of this Paragraph, if the Condominium is terminated, insurance proceeds not used for repair or replacement shall be distributed in the same manner as sales proceeds as provided in Article XVII. C. Reconstruction or Repair of Casualty Damage. 1. In the event of damage or destruction by fire or other casualty to any part of the Property, all the construction and repair shall be substantially in accordance with the originalplans and specifications of the Buildings. 9T\CORP\ORCHARD.DEC 18 • 2. In the event of damage or destruction by fire other than casualty, the Association, and its officers, directors and agents shall have an easement to enter upon any portion of the property for inspection of damage, making estimates of damage, and the cost to repair the same, and for repair, construction or reconstruction. Such easement shall expire upon completion of the repair or reconstruction. 3 . Encroachments upon or in favor of Units which may be created as a result of such reconstruction or repair shall not constitute a claim or basis for a proceeding or action by the Owner upon whose property such encroachment exists, provided that such reconstruction was either substantially in accordance with the original plans and specifications or substantially in accordance with the manner in which the Buildings were originally constructed. Such encroachments shall be allowed to continue in existence for so long as the Building shall stand. 4. All repairs, reconstruction and replacement required by casualties insured against under the policies obtained and maintained by the Association shall be completed as soon as is practical and according to the terms of this Declaration. 5. Immediately after a casualty causing damage to the Property for which the Association has the responsibility of repairs, reconstruction and replacements, the Association shall obtain reliable and detailed estimates of the cost to place the damaged property in condition as good as before the casualty. Such costs may include professional fees and premiums for such bonds as the Board of Directors may determined. 6. Each Owner shall be deemed to have delegated to the Association his right to adjust with insurance companies all losses under policies purchased by or at the direction of the Association. 7. Immediately after a casualty causing substantial damage to any Unit or any part of the Common Elements, the Association shall cause notice thereof to be provided to each holder of a mortgage and each trustee under a bond indenture secured by the damaged Unit or Units. ARTICLE XIII MORTGAGEES AND OWNERS A. Notice to Association. Any Owner who executes and delivers any mortgage of his Unit shall notify the Association of the name and address of his mortgagee and shall file a conformed copy of the mortgage note and mortgage with the Association within fifteen days after the delivery of any said mortgage. srcoeronc7unn.nee 19 • B. Report of Unpaid Common Expenses. The Association, whenever so requested in writing by a mortgagee of a Unit or a trustee under any bond indenture secured by a Unit or Units, shall promptly report any then unpaid Common Expenses due from, or any other default by, the Owner of the mortgaged property. Any mortgagee who obtains title to any said property pursuant to foreclosure or a deed in lieu of foreclosure, or any purchase at a foreclosure sale, shall not be liable for unpaid Common Expenses prior to the date the mortgagee acquires title and the right to possession of Unit. C. Notice to Mortgagee and Riglit to Examine Books. The Association, when giving notice to an Owner of any default in paying Common Expenses or other defaults, shall also mail a copy of such notice to any holder of a mortgage encumbering that Unit whose name and address has theretofore been furnished to the Association. Any first mortgagee shall have the right to examine the books and records of the Association. D. Additional Rights of Mortgagee. Any holder of a first mortgage on a Unit will, upon request, be entitled to receive an annual audited financial statement of the Association within ninety (90) days following the end of any fiscal year of the Association. Further, said persons shall be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. E. Approval of First Mortgagee. The abandonment or termination of Orchard Park Condominium, except as provided for herein in the event of substantial destruction by fire or other casualty, or in the case of a taking by condemnation or eminent domain, shall require the prior written approval of at least eighty percent (80%) of the holders of first mortgage liens (each such holder having one vote per Unit financed) , unless otherwise mandated by applicable law. ARTICLE XIV REVISION, SUBDIVISION AND SALE OF UNITS A. revision of Boundaries. Units may be altered and Unit boundaries may be relocated only in accordance with the following conditions: 1. A Unit Owner may make improvements or alterations to such Unit in accordance with Section 515B.2-113 of the Act and Subparagraph 3 of this Paragraph A. 2 . The boundaries between adjoining Units may be relocated in accordance with Section 515B. 2-114 of the Act and Subparagraph 3 of this Paragraph A. 3. The alteration or relocation of boundaries or other 20 BT\CORP\ORCHARD.DEC modification (hereinafter collectively referred to as "alteration") of Units pursuant to this Article and the Act may be accomplished only in accordance with each of the following conditions: a. No Unit may be altered if, thereafter, the Unit, or any other Unit affected by the alteration, no longer remains habitable or practicably useable for its intended purpose, or violates any law, code, or ordinance of any governmental authority having jurisdiction over the Property. b. No modification may be made which adversely affects the structural or functional integrity of any Building system or the structural support or weather tight integrity of any portion of the Building. c. The prior written consent of the Association and any holder of an interest as Security for an Obligation of the Units to be altered shall be required for the alteration of Units. Such consent shall be requested in writing by the Unit Owner or Owners whose Unit(s) are proposed to be altered, accompanied by such explanation of the proposed alterations and specifications relating thereto as may be reasonably requested by the Association or the holder of an interest as Security for an Obligation. The Association and the holder of an interest as Security for an Obligation shall give such Unit Owner(s) notice in an expeditious manner, granting, denying or qualifying their consent. Prior to consenting to such improvements the Association or the holder of an interest as Security for an Obligation may require the Unit Owner(s) to provide such reasonable items, among others, as (i) a hold harmless and indemnification agreement in favor of the Association, the holder of an interest as Security by an Obligation and/or other Unit Owner(s) , (ii) a bond to cover mechanics liens, (iii) reasonable assurances that all alterations and improvements will be done in a workmanlike manner and without impairing the structural, mechanical or weather tight integrity of the Building, and (iv) reasonable assurances that the Common Elements and altered Units will be repaired and/or restored in the future as required by the Association. d. Any alteration as provided herein shall be subject to the rights of any holder of an interest as Security for an Obligation as set forth in this Article XIV. B. Subdivision of a Unit. Subject to the provisions of the Act, a Unit Owner may subdivide any Unit owned by it into two or ST\CORP\ORCHARD.DRC 21 • • more Units. In such case, a Unit Owner shall prepare and execute . an amendment to this Declaration, including the CIC Plat, subdividing such Unit. The amendment to this Declaration shall be executed by the Unit Owner and any holder of an interest as Security for an Obligation of the Unit to be subdivided, assign an identifying number to each Unit created and reallocate the Undivided Interest, votes in the Association, and liability for Common Expenses formerly allocated to the subdivided Unit to the Units in accord with Section 515B.2-108 of the Act. The Unit Owner shall deliver a certified copy of the recorded amendment to the Association. If a holder of an interest as Security for an Obligation joins in the amendment pursuant to this Paragraph, the interest and remedies shall be deemed to apply to the Units and the Undivided Interests that result from the subdivision under this Paragraph. In the event of enforcement of any remedy, including foreclosure by advertisement, all instruments and notices shall describe the subject property in terms of the amended description. Any subdivision pursuant to this Paragraph shall be subject to the restrictions set forth in Subparagraphs a and b of Article XIV Paragraph A3. ARTICLE XV RIGHTS OF DECLARANT A. Use of Property by Declarant. Until the date of conveyance of the last Unit owned by Declarant in Orchard Park Condominium to a first purchaser, the Declarant shall have the right tb maintain a sales office, a management office, promotional displays, and a model unit in Units owned by the Declarant. Promotional displays may be maintained on the Common Elements so long as the same do not unreasonably interfere with the use of the Common. Elements by other Owners. Further, Declarant may maintain signs advertising Orchard Park Condominium on the Common Elements, provided that such signs must comply with all local ordinances restricting the use thereof. B. Easement to Declarant. Declarant hereby reserves and grants to itself, its successors and assigns, an easement over, under, through, and across the Common Elements as may be reasonably necessary for the purpose of exercising any rights or discharging any obligations conferred on Declarant by this Declaration or by the terms of the Act. C. Subdivision or Conversion of Units. Declarant may subdivide or convert any Unit or Units owned by it into two or more Units, Limited Common Elements, or Common Elements, or a combination of Units, Limited Common Elements, and Common Elements. Upon subdivision or conversion as provided above, Declarant shall prepare and record an amendment to this Declaration and the Condominium Plat, which shall reflect the subdivision or conversion 22 ST\CORP WRCHARD.DEC of the affected Units. The amendment to the Declaration shall assign a Unit number to each such Unit created and reallocate the Undivided Interests, votes in the Association, and liability for Common Expenses formerly allocated to the subdivided Unit. If Declarant converts part or all of any Unit to Common Elements, the Declarant shall prepare and record an amendment to this Declaration which shall reallocate among the other Units the Undivided Interests, votes in the Association, and liability for Common Expenses formerly allocated to the converted Unit or portion thereof. The maximum number of any Units which may be created by the subdivision or conversion of Units owned by the Declarant is sixteen (16) . ARTICLE XVI EFFECT OF LOCAL ORDINANCES The Property is not subject to any zoning, subdivision, building code, or other real estate use law, ordinance, charter provision, or regulation of the City of Oak Park Heights, Minnesota, which prohibits or imposes conditions upon the creation of Orchard Park Condominium which have not been complied with. ARTICLE XVII TERMINATION OF THE CONDOMINIUM A. Method. Except in the case of the taking of all the Units by eminent domain, the Condominium may be terminated only by agreement of Owners of Units to which at least eighty percent (80%) of the votes in the Association are allocated, and at least eighty percent (80%) of the first mortgagees of the Units (each mortgagee having one vote per Unit financed) , and each trustee on behalf of bondholders holding one or more series of bonds issued to finance one or more Units. B. Termination Agreement. An agreement of Owners, mortgagees and any trustee to terminate the Condominium must be evidenced by their execution of a termination agreement or ratification thereof. The termination agreement shall set forth whether the real estate constituting the Condominium is to be sold upon termination. If, pursuant to a termination agreement, the real estate constituting the Condominium is to be sold following termination, the termination agreement shall set forth the terms of the sale. A termination agreement and all ratifications thereof shall be effective upon recording in the office of the County Recorder for Washington County, Minnesota. C. Title to the Property Upon the Event of SAle. If the termination agreement provides that the real estate constituting the Condominium is to be sold following termination, title to that 23 ssWO \ORMARD.D C • real estate, upon termination, shall vest in the Associations trustee for the holders of all interests in the Units. The Association as trustee thereafter has all powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof distributed, the Association shall continue in existence with all powers and responsibilities it had before termination, whether under this Declaration or otherwise. Unless the termination agreement otherwise provides, proceeds of the sale shall be paid to the Association as trustee and shall be distributed to the Owners and holders. of an interest as Security for an Obligation as their interests may appear and according to the priority enjoyed prior to termination in proportion to the respective interests of Owners as provided in Article XVII, Paragraph F below. Any interest as Security for an Obligation formerly affecting a Unit shall constitute a claim against the proceeds in the amount existing at the time of termination plus interest and other amounts accrued until distribution. Except as otherwise specified in the termination agreement., as long as the Association as trustee holds title to the real estate, each Owner and his successors in interest have the right to use the real estate that formerly constituted the Common Elements and have an exclusive right to occupancy of the portion of the real estate that formerly constituted his Unit and Limited Common Elements. During the period of such occupancy, each Owner and his successors in interest remain liable for all Assessments and other obligations imposed on Owners by this Declaration, the Act, and the termination agreement. D. Title to the Property if Not Sold. If the real estate constituting the Condominium is not to be sold following termination, title to the real estate, upon termination, vests in the Owners as tenants in common in proportion to their respective interests as provided in Article XVII, Paragraph F below. Any interests held as Security for an Obligation and the respective instruments formerly affecting a Unit shall be deemed to be an interest affecting the resulting undivided interests in the same manner as they formerly affected the Unit. As long as the tenancy in common exists, each Owner and his successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted his Unit and Limited Common Elements. Unless the termination agreement otherwise provides during the period of tenancy in common, the covenants and the Association shall have the rights and obligations under this Declaration, the Bylaws, the Act, and the termination agreement. E. Distribution of Assets. Following termination of the Condominium, and after payment of or provision for the claims of the Association's creditors, the assets of the Association shall be distributed to Owners and holders of an interest as Security for an Obligation in proportion to their respective interests as provided in Paragraph F hereof. The proceeds of sale described in Paragraph F hereof, and held by the Association as trustee are not 24 ST\CORP\ORCHARD.OSC • assets of the Association. F. Interests of the Owners. The respective interests of Owners referred to in Article XVII, Paragraphs C, D, and E above are as follows: 1. Except as provided in Subparagraph 2 below, the respective interest of Owners are the fair market values of their Units, Limited Common Elements, and Common Element interests immediately before the termination, as determined by one or more independent appraisers selected by the Association. The decision of the independent appraisers shall be delivered in the manner provided in Article XIV hereof, addressed to the "Occupant Entitled to Legal Notice" at each Unit and the first mortgagee of each Unit at its last known address and becomes final unless disapproved within thirty (30) days after delivery by Owners of Units to which twenty- five percent ( 25%) of the votes in the Association are allocated or by twenty-five percent (25%) of the first mortgagees, each mortgagee having one vote per Unit financed. The proportion of any Owner's interest to that of all Owners is determined by dividing the fair market value of his interest by the total fair market values of the interests of all Owners. 2. If any Unit is destroyed to the extent that an appraisal of the fair market value thereof prior to destruction cannot be made and there is not satisfactory evidence to afford such an appraisal, the interests of all Owners are their respective Undivided Interests immediately before the termination. ARTICLE XVIII AMENDMENT OF DECLARATION A. Amendment of Declaration by Owners Association. Except as otherwise provided herein or as may be provided for in the Act, this Declaration, including the CIC plat, may be amended by the vote of Owners who own at least sixty-seven percent (67%) of the votes in the Association, computed in accordance with the percentages as set forth in Exhibit B, cast in person or by proxy at a meeting of the Association duly held in accordance with the fractions of the Bylaws. No such amendment shall be effective until approved by the City of Oak Park Heights and until filed for record in the office of the County Recorder of Washington County, Minnesota. B. Approval of First Mortgaaee; Trustee. Except as otherwise provided herein, any amendment to the Declaration including, but not limited to, any amendment which would change the percentage interests in the Common Elements, shall require the prior written approval of (i) any trustee on behalf of bondholders 25 sx\coxn\oacHAiw ox • holding one or more series of bonds issued in connection with financing one or more Units, and (ii) at least sixty-seven percent (67%) of the institutional holders of first mortgage liens on Units (each such holder having one vote per Unit financed) , unless otherwise mandated by applicable law. C. Special Declarant Rights. Except as otherwise permitted herein or by the Act, no amendment may create or increase special Declarant rights, increase the number of Units, convert Common Elements to Limited Common Elements, or change the boundaries of a Unit, the Undivided Interests, or voting strength in the Association allocated to a Unit, or the uses to which any Unit is restricted, in the absence of a unanimous written agreement of the Owners and holders of an interest as Security for an Obligation. D. Limited Common Elements. Limited Common Elements shall not be altered without the written agreement of the Owners and Holders of an interest to secure an obligation of the Units to which the Limited Common Elements are allocated. E. Affidavit. An affidavit of the Secretary of the Association stating that the votes or agreements required by this Section have occurred, shall be attached to the amendment and shall constitute prima facie evidence of the representations contained herein. ARTICLE XIX MISCELLANEOUS PROVISIONS A. Notices. Any notices required hereunder or under the bylaws or the Act shall be sent by United States mail, postage prepaid, addressed to• Orchard Park Condominium at the post office address of the Property. The Association shall designate a place for deposit of such mail. All notices to any Owner shall be sent by United States mail , postage prepaid, to the address of such Owner in the Building. All notices shall be deemed to have been given when mailed, except notices of change of address, which shall be deemed to have been given when received. B. Severability. The invalidity of any part of this Declaration shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. C. Failure to Enforce Not a Waiver. No provisions contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. D. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of this Declaration nor the intent of sr\coxn\ORCHARD.nsc 26 any provisions hereof. E. gender and Number. The use of the masculine gender in this Declaration shall be deemed to refer to the feminine gender and the use of the singular shall be deemed to refer to the plural, and vice versa, whenever the context so requires. F. No Waiver. No holder of an interest may exempt himself from liability for his contribution to Common Expense by waiver of the use or enjoyment of any of the Common Elements or by the abandonment of his Unit. G. Governing Law. This Declaration shall be governed by and construed under the provisions of the Act and other applicable laws of the State of Minnesota. IN WITNESS WHEREOF, thp Declarant ha caused this Declaration to be executed this /b day of .G7Oh , 1995 . e;c2 .111,1749 . c14 AIP'r/ • pf 4 ' Robert S. Hagst/m, Jr. pde4e;_ti _ ..�i , i i Diane R. H trom/ STATE OF MINNESOTA ) ) SS COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me this /671 day of Oc bef, , 1995, by Robert S. Hagstrom, Jr. and Diane R. Hagstrom, husband and wife. SUiM. SCHIESSERia� i`�r....„„„,,„„.^^/ ... a "7 "rti*-f+r NO DUELIC-MINNESOTA ` ~ rte NotaryPublic ; y,` MY COMMISSION EXPIRES 31 '' JANUARY 31. 2000 THIS INSTRUMENT DRAFTED BY: Trimble & Associates, Ltd. 6381 Osgood Avenue North Orchard Park "B" Stillwater, MN 55082 (612) 430-3247 27 SF\CORPNOR 1ABD.D!C EXHIBIT A Lots Four ( 4 ) , Five ( 5 ) , Six ( 6 ) , Seven ( 7 ) , Eight ( 8 ) , and Nine ( 9 ) , Block Five ( 5 ) , Websters Third Addition to Stillwater , according to the plat thereof on file and of record in the office of the County Recorder in and for Washington County , Minnesota . AND All that part of the vacated North Half of Upper 63rd St . ( formerly Mound Street ) lying East of the East line of Osgood Avenue North ( also known as Fourth Street) and West of the West line of Osman Avenue North ( formerly known as South Third Street ) , as said Mound Street is shown and dedicated on the recorded plat of Websters Third Addition to Stillwater , Washington County , Minnesota . sTW\REAL\ORCHARD.OaB EXHIBIT A-1 Unit A - Wood frame, wood lap siding, double hung windows Unit B - Wood frame, cedar siding, asphalt shingles Unit C - Wood frame, wood siding, asphalt shingles 87V\REAL\ORCRARO.A&B EXHBIT B Percentage of Undivided Unit Interest in Common Elements A Twenty-five (25%) percent B Fifty (50%) percent C Twenty-five ( 25%) percent BTW\REAL\ORCHARD.AMB • 858683 OFFICE COUNTY RECORDER WASICHOTON COUNTY OH OCT 11 3 41P11"9.5 .85SG5_3— Doc-77.7: .1110* JOHN A. FRANZEN COUNTY RECORDER REGISTRAR OF TITLES ' 430-6755 EXT. 3185 or 3186 WASHINGTON COUNTY COURTHOUSE We suggest that you review your Your document has been recorded, document as the following item(s) however, for your information the are missing, or in error, and you following item(s) are missing or may want to re-record your document: are incorrect: Incomplete legal description or Draftsman statement with address -- incorrect description (see remarks) Complete signature (spelling-body Torrens property went through a and acknowledgement not same as abstract signature) Wrong county Incomplete acknowledgement (expiration of comei s t on. date, etc.) Reference document number given _Motorial stamp or seal and/or is incorrect corporate seal REMARKS: Date of instrument and acknowledgement / tr Date of instrument is missing *** When rerecording please state reason Marttial status why on document ***ADDITIONAL FEES WILL BE CHARGED FOR RE-RECORDING .1 . J 1'1GC111111yO . 11l 1.11GJG Ly iunu, •vii�.i V Vl L.11 V. t%.-11.t� ui�. uv�.ra which are defined in the Declaration or in Minnesota Statutes, Chapter 515B.1-103 , the meaning of said terms herein shall be the same as set forth therein, except as specifically modified herein. 1 .4 Applicability. The provisions of these Bylaws are applicable to the property of the Condominium and to the use, occupancy, enjoyment and operation thereof. 1 .5 Office. The office of the Condominium and the Board of Directors of the Association shall be located at 3994 Lake Elmo Avenue North, Lake Elmo, Minnesota 55042 . ARTICLE II MEMBERSHIP 2. 1 Membership. All Owners of one or more Unit(s) in the Condominium shall be members of the Association. When one or more persons shall own a Unit, all such persons shall be members of the Association. It shall be the duty of each Owner to register his name and the nature of his interest with the Secretary of the Association. If the Owner does not register his interest, the Association shall be under no duty to recognize his ownership thereof . The undivided interest of a member of the Association in 1 sr\CORP\oACUD.er_ A 858684 BYLAWS OF ORCHARD PARK ASSOCIATION A NON-PROFIT CORPORATION UNDER THE LAWS OF MINNESOTA ARTICLE I IDENTITY, DEFINITIONS 1.1 Property. Certain real property situated in the City of Oak Park Heights, County of Washington, State of Minnesota, and legally described on Exhibit "A" attached hereto, has been submitted to the provisions of the Minnesota Common Interest Ownership Act, Minnesota Statutes, Chapter 515B.1-101 to 515B.4- 11B, by a Declaration establishing a Condominium registered in the office of the County Recorder for said Washington County, simultaneously herewith (hereinafter referred to as the "Declaration"), and shall hereafter be known as ORCHARD PARK CONDOMINIUM, (hereinafter called the "Condominium"). 1.2 Identity. These are the Bylaws of Orchard Park Association, a Minnesota non-profit corporation (hereinafter referred to as the "Association"), the Articles of Incorporation of which were filed in the office of the Secretary of State for the State of Minnesota on OC7-06ER .17 , 1995. The Association has been organized for the purpose of administering the Condominium. 1.3 Meanings. In these Bylaws, wherever the terms are used which are defined in the Declaration or in Minnesota Statutes, Chapter 515B.1-103, the meaning of said terms herein shall be the same as set forth therein, except as specifically modified herein. 1.4 Applicability. The provisions of these Bylaws are applicable to the property of the Condominium and to the use, occupancy, enjoyment and operation thereof. 1.5 Office. The office of the Condominium and the Board of Directors of the Association shall be located at 3994 Lake Elmo Avenue North, Lake Elmo, Minnesota 55042. ARTICLE II MEMBERSHIP 2.1 Membership. All Owners of one or more Unit(s) in the Condominium shall be members of the Association. When one or more persons shall own a unit, all such persons shall be members of the Association. It shall be the duty of each Owner to register his name and the nature of his interest with the Secretary of the Association. If the Owner does not register his interest, the Association shall be under no duty to recognize his ownership thereof. The undivided interest of a member of the Association in ST\CORP\ORCR.IRD.RlL 1 the funds and assets of the Association cannot be assigned, pledged, encumbered or transferred in any manner, except as an appurtenance to his Unit. ARTICLE III BOARD OF DIRECTORS 3 .1 Number and Oualificatioj. The affairs of the Condominium shall be governed by a Board of Directors. From the date the first Unit is conveyed to an Owner other than Declarant, and for up to three (3) years thereafter, the Declarant may elect the members of the Board of Directors, provided that: 3 .1.1 Not later than sixty (60) days after conveyance of fifty percent (50%) of the Units to Owners other than the Declarant, not less than one-third (1/3) of all of the members of the Board of Directors shall be elected by Owners other than Declarant; and, 3 .1.2 Not later than sixty (60) days after conveyance of seventy-five (75%) of the Units, to Owners other than Declarant, the Declarant's right to control the Association shall terminate. Not later than the termination of the period of Declarant's control and thereafter, the Unit Owners shall elect a board of directors of at least three (3 ) members, at least a majority of whom shall be Unit Owners or the individual nominees of Unit Owners other than individuals. Until such termination of the period of Declarant's control, Declarant shall have the right to appoint or remove any officer or director of the Association. In the determination of the Declarant's sole right to elect all or some of the members of the Board of Directors, the percentage of Units conveyed shall be determined as if all the Units which the Declarant has built or reserved the right to build herein were included in the total number of Units in the condominium. 3 .2 Powers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as may be necessary for the enjoyment and maintenance of the Condominium ST\CORP\ORCRARD_BYL 2 except as by law or by the Declaration or by these Bylaws may not be delegated to the Board of Directors by the Owners. Such powers and duties of the Board of Directors shall include, but shall not be limited to, the following: (01) Regulation of the operation, care, use, upkeep and maintenance of the Common Elements. (02 ) Determination of the common expenses required for the affairs of the Condominium, including without limitation, the operation and maintenance of the property, and the adoption and amendment of budgets for the Association. (03) Instituting, defending, or intervening in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the Condominium. (04) Collection of the common charges from Owners, including Assessments payable by Owners in proportion to their Undivided Interests in the Common Elements of the Condominium, as set forth in the Declaration. (05) Employment and dismissal of management agents necessary for the maintenance and operation of the Common Elements. (06) Adoption and amendment of rules and regulations covering the details of the operation and use of the Property. (07) Opening of bank accounts on behalf of the Association and designating the signatories required therefor. (08) Purchasing, leasing, or otherwise acquiring, in the name of the Association, Units offered for sale or lease or surrendered by their Owners to the Association. (09) Purchasing of Units at foreclosure or judicial sales in the name of the Association. (10) Selling, leasing, or mortgaging or otherwise dealing with Units acquired by, and subleasing Units leased by the Association. (11) Obtaining of insurance for the Property, including the Units, pursuant to the provisions of the Declaration. (12) Making of repairs, additions and improvements to or alterations of the Property and repairs to and restoration of the Property in accordance with the other provisions of these Bylaws, after damage or destruction by fire or other 3 ST\CDitP\ORCRXRfl.RV. casualty, or as a result of condemnation or eminent domain proceedings. (13) Commencing appropriate legal action for collection of Common Expenses as hereinafter provided. (14) In its discretion making improvements and replacements to the Property in accordance with the Declaration to which these Bylaws are attached. (15) Causing improvements to be made as a part of the Common Elements. (16) Granting leases, licenses, and concessions not to exceed one year and utility easements through or over the Common Elements; provided, however, that after conveyance to Owners other than the Declarant, or affiliate of a Declarant, of Units to which more than fifty percent (50%) of the voting power is allocated, the Association may be resolution of a meeting of the members duly called grant leases, licenses, and concessions in excess of one year and easements through or over the Common Elements. (17) Imposing and receiving any payments, fees, or charges for the use, rental , or operation of the Common Elements other than the Limited Common Elements. (18) Imposing reasonable charges including reasonable costs and attorneys' fees, for the evaluation, preparation and recordation of amendments to the Declaration, or statement of unpaid Assessments. (19) Providing for the Indemnification of its officers and Board. (20) Imposing charges for late payment of Assessments and after notice and opportunity to be heard, levy reasonable fines for violations of the Declaration, bylaws, and rules and regulations of the Association. (21) Performing such acts and executing such documents as may be required by any trustee on behalf of bondholders of one or more series of industrial development bonds which may be secured by an interest in a Unit or any larger portion of the Condominium. 3 .3 Managing Agent. The Board of Directors may employ for the Condominium a manager or managing agent at a compensation established by the Board of Directors, to perform such duties and services as the Board of Directors shall authorize. 4 ST\CORF\ORCHARD.HYL 3.4 Election and Term of Office. Until the first annual meeting of the Association following the Association Control Date, the term of office of the members of the Board of Directors elected at an annual meeting shall be one (1) year. Thereafter, the terms of office shall be fixed pursuant to Article 4. 1 hereof . The term of office of all Directors elected at a special meeting following the Changeover Date or the Association Control Date shall expire at the date of the next annual meeting. The members of the Board of Directors shall hold office until their respective successors shall have been elected by the Owners. 3. 5 Removal of Directors. Subject to the limitations contained in Section 3.1 hereof, at any regular or special meeting of Owners, any one or more of the members of the Board of Directors may be removed with or without cause by a two-thirds vote of all Owners and a successor may then and there or thereafter be elected to fill the vacancy thus created. Any member of the Board of Directors whose removal has been proposed by the Owners shall be given an opportunity to be heard at the meeting. 3. 6. Vacancies. Vacancies in the Board of Directors caused by any reason other than the removal of a member thereof by a vote of the Owners, shall be filled by a vote of a majority of the remaining members at a special meeting of the Board of Directors held for that purpose promptly after the occurrence of any such vacancy, even though the members present at such meeting may constitute less than a quorum, and each person so elected shall be a member of the Board of Directors for the remainder of the term of the member whose position has become vacant, and until a successor shall be elected at the next annual meeting of the Owners. 3.7 Organization Meeting. The first meeting of the members of the Board of Directors shall be held immediately following the annual meeting of the Owners at such time and place as shall be fixed by the Owners at the meeting at which such Board of Directors shall have been elected, and no notice shall be necessary to the newly elected members of the Board of Directors in order legally to constitute such a meeting, provided a majority of the first Board of Directors shall be present thereat. 3 .8 Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the Board of Directors, but at least one such meeting shall be held during each fiscal year immediately following the annual meeting of Owners. Notice of regular meetings of the Board of Directors shall be given to each member of the Board of Directors personally or by mail or telephone at least three ( 3) business days prior to the day named for such meeting- 5 ST\CORP\ORCHARD.BYL 3. 9 Special Meeting. Special meetings of the Board of Directors may be called by the President on three ( 3 ) business days notice to each member of the Board of Directors, given personally or by mail or telephone, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in like manner and on like notice on the written request of at least two (2) members of the Board of Directors. 3.10 waiver of Notice. Any member of the Board of Directors may, at any time, waive notice of any meeting of the Board of Directors in writing, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a member of the Board of Directors at any meeting of the Board shall constitute a waiver of notice by him of the time and place thereof, unless such attendance is of the sole purpose of protesting lack of such notice. If all members of the Board of Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. 3 .11 Quorum. At all meetings of the Board of Directors, a majority of the members thereof shall constitute a quorum for the transaction of business, and the votes of a majority of the members of the Board of Directors present at a meeting at which a quorum is present shall constitute the decision of the Board of Directors. If at any meeting of the Board of Directors there shall be less than a quorum present, a majority of those present may adjourn the meeting from time to time. At any such adjourned meeting at which a quorum is present, any business which might have been transacted at the meeting originally called may be transacted without further notice. 3.12 Fidelity Bonds. The Board of Directors may obtain adequate fidelity bonds for all officers, directors, trustees and employees of the association and all other persons handling or responsible for Association funds. The premiums on any such bonds so obtained shall constitute a Common Expense. 3 . 13 Comglensation. No member of the Board of Directors shall receive any compensation from the Association for acting as such; provided reasonable out-of-pocket expenses incurred by any Director in connection with carrying out his duties hereunder may be reimbursed upon Board approval. 3 .14 Liability of Board of Directors. The members of the Board of Directors shall not be liable to the Owners for any mistake of judgment, negligence or otherwise, except for their own individual willful misconduct or bad faith. The Association shall indemnify and hold harmless each of the members of the Board of Directors against all contractual liability to others arising out of contracts made by the Board of Directors on behalf of the 6 ST\(:ORP\CRC1ARD.IIYL Association unless any such contract shall have been made in bad faith or contrary to the provisions of the Declaration or of these Bylaws. No member of the Board of Directors shall have any personal liability with respect to any contract made by the Board of Directors on behalf of the Association. The liability of any Owner arising out of any contract made by the Board of Directors or out of the aforesaid indemnity in favor of the members of the Board of Directors shall be limited to such proportion of the total liability thereunder as is equal to such Owner's undivided interest in the Common Elements. Every agreement made by the Board of Directors or by the managing agent on behalf of the Association shall provide that the members of the Board of Directors or the manager or managing agent are acting only as agents for the Owners and shall have no personal liability thereunder (except as Owners themselves) , and that each Owner's liability thereunder shall be limited to such proportion of the total liability thereunder as is equal to such Owner's Undivided Interest in the Common Elements. 3.15 Action Without Meeting. Any action that could be taken at a meeting of the Board of Directors may be taken without a meeting when authorized in writing, signed by all of the directors. ARTICLE IV CONDOMINIUM OWNERS' MEETINGS AND VOTING 4 .1 Annual Meetings. The annual meeting of the members of the Association shall be held at least seventy-five days before the beginning of each fiscal year. The first annual meeting of the Association shall be held no later than the first anniversary of the filing of the Declaration. At the first annual meeting of Owners following the Association Control Date, one (1) member of the Board of Directors shall have a term set at one (1) year; two (2) members of the Board of Directors shall have terms set at two ( 2) years; and two (2) members of the Board of Directors shall have terms set at three ( 3) years. At the first annual meeting, or any subsequent meeting of the Owners, the Owners may designate a regular date for successive annual meetings. At such meetings, the Board of Directors shall be elected by ballot of the Owners in accordance with the requirements of Article III of these Bylaws. The Owners may transact such other business at such meeting as may properly come before them. 4. 2 Special Meetings. It shall be the duty of the President to cause a special meeting of the Owners to be called upon the occurrence of the Changeover Date or the Association Control Date pursuant to Section 3 .1 above, of if so directed by resolution of the Board of Directors or upon a petition signed and presented to the Secretary by Owners representing not less than twenty-five (25%) percent in undivided interests in the Common Elements. No business shall be transacted at a special meeting except as stated in the notice. 7 STORP\ORCHARD.BYL \C • 4 . 3 Notice of Meetings. It shall be the duty of the Secretary to give notice of each annual or regularly scheduled meeting of the Owners, at least twenty-one (21) days but not more than thirty ( 30) days prior to each annual or regularly scheduled meeting, and at least seven (7) days but not more than thirty (30) days prior to each special meeting, stating the complete agenda therefor as well as the time and place where it is to be held, to each owner of record. The notice shall be hand delivered or sent by United States mail, postage prepaid, to all Owners of record at the Building or at such other address as such Owner shall have designated by notice in writing to the Secretary. The mailing of a notice of meeting in the manner provided in this section shall be considered service of notice. 4.4 Order of Business. The order of business at all meetings of the Owners shall be as follows: 1. Roll call. 2. Proof of notice of meeting. 3. Reading of Minutes of preceding meeting. 4 . Reports of Officers. 5. Report of Board of Directors. 6. Reports of Committees. 7. Election of inspectors of election (when so required) . 8. Election of members of the Board of Directors (when so required) . 9 . Unfinished business. 10 . New business. 11 . Adjournment. 4 .5 Title to Condominiums. Title to Units may be taken in the name of a natural person, a corporation, a partnership, a trust, or any other entity of any combination thereof. 4 . 6 Voting. The Owner or Owners of each Unit, or some person designated by such Owner or Owners to act as proxy on his or their behalf and who need not be an Owner, shall be entitled to cast the votes appurtenant to such Unit at all meetings of Owners. The designation of any such proxy shall be made in writing to the Secretary, and shall be revocable at any time in written notice to the Secretary by the Owner or Owners so designating. Any or all such Owners may be present at any meeting of the Owners and may vote or take another action as an Owner either in person or by proxy. The total number of votes of all Owners shall be one hundred (100) and the Owners of each unit (including the Declarant if the Declarant shall then own title to one or more Units) vote in the fractional percentage equivalent to each Owners' respective percentage interest in the Common Elements, and the vote for any particular Unit may not be further fractionalized. No vote shall be deemed to inure to any Unit during the time that the Unit Owner is the Association. In the event there is more than one Owner of SP\CORP\ORCHARD.aYL a Unit, the Owners shall be entitled to vote only the undivided interest appurtenant to that Unit. In the event the Owners cannot agree as to the manner in which their Unit's vote shall be cast, said vote for that Unit shall be cast according to the wishes of a majority of said Owners; provided, however, if a majority of said Owners cannot agree then the President of the Association shall be deemed to have received a proxy from said Owners inclusive of the right to cast said vote according to said President's sole and exclusive discretion. 4. 7 Majority of Unit Owners. As used in these Bylaws, the term "Majority of Unit Owners" shall mean those Owners having more than fifty percent (50%) of the total authorized votes of all Owners present in person or by proxy and voting at any meeting of the Owners, determined in accordance with the provisions of Section 4. 6 hereof. 4.8 Quorum. Except as otherwise provided in these Bylaws,the presence in person or by proxy of Owners having, in the aggregate, no less than one third (1/3) of the total authorized votes shall constitute a quorum at all meetings of Owners . 4.9 Majority Vote. The vote of a majority of Owners at a meeting at which a quorum shall be present shall be binding upon all Owners for all purposes except where in the Declaration or these Bylaws or bylaw, a higher percentage vote is required. ARTICLE V OFFICERS 5.1 Designation. The principal officers of the Association shall be the President, the Vice President, the Secretary and the Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may appoint an assistant treasurer, an assistant secretary and such other officers as in its judgment may be necessary. Of the officers, only the President and Vice President need be members of the Board of Directors. Any person may hold two (2) or more offices except that no person shall be both President and Vice President or both President and Secretary. 5.2 Election of Officers. The officers of the Association shall be elected annually by the Board of Directors at the organization meeting of each new Board of Directors and shall hold office at the pleasure of the Board of Directors. 5.3 Removal of officers. Upon the affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and his successor may be elected at any meeting of the Board of Directors called for such purpose. At the first annual meeting subsequent to the Association 9 ST\CCR?\ORCHARD.BYL Control Date, the term of office of all then existing officers shall terminate. 5. 4 President. The President shall be the Chief Executive Officer of the Association. He shall preside at all meetings of the Condominium Owners and of the Board of Directors. He shall have all of the general powers and duties which are incident to the office of president of a business corporation organized under the Minnesota Nonprofit Corporation Act, Minnesota Statutes, Chapter 317A, including but not limited to the power to appoint committees from among the Owners from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the Association. 5. 5 Vice President. The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act. If neither the President not the Vice President is able to act, the Board of Directors shall appoint some other member of the Board of Directors to act in the place of the President, on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed upon him by the Board of Directors or by the President. 5. 6 Secretary. The Secretary shall keep the minutes of all meetings of the Owners and of the Board of Directors; he shall have charge of such books and papers as the Board of Directors may direct; and he shall , in general, perform all duties incident to the office of a secretary of a corporation organized under the Minnesota Nonprofit Corporation Act. 5. 7 Treasurer. The Treasurer shall have the responsibility for Association funds and securities and shall be responsible for keeping full and accurate financial records and books of account showing all receipts and disbursements, and for the preparation of all required financial data. He shall be responsible for the deposit of all monies and other valuable effects in the name of the Association or the managing agent, in such depositories as may from time to time be designated by the Board of Directors, and he shall, in general, perform all duties incident to the office of treasurer of a business corporation organized under the Minnesota Nonprofit Corporation Act. The Treasurer shall prepare an annual report of the financial affairs of the Association, and shall cause a copy of said report to be provided to each Owner. Said annual financial report shall contain the following information: a. A statement of any capital expenditures in excess of two percent (2%) of the current budget for the Association or Five Thousand Dollars ($5,000. 00) , whichever is the greater anticipated by the Association during the current year or succeeding two fiscal years; 10 ST\CORP\ORC D-BYL b. A statement of the status and amount of any reserve or replacement fund and portion of the fund designated for any specified project by the Board of Directors; c. A copy of the statement of financial condition for the Association for the last fiscal year; d. A statement of the status of any pending suits or judgments in which the Association is a party; e. A statement of the insurance coverage provided by the Association; and f. A statement of any unpaid Assessments levied by the Association on Units , identifying the Unit number and the amount of the unpaid Assessments. 5.8 Agreements, Contracts, Deeds, Checks. etc. All agreements , contracts, deeds, leases, checks, mortgage and other instruments of the Board of Directors or of the Association shall be executed by any two ( 2) officers of the association or by such other person or persons or assistant officers as may be designated by the Board of Directors. 5.9 Compensation of Officers. No officer shall receive any compensation from the Association for acting as such, provided reasonable out-of-pocket expenses incurred by an officer in connection with his duties hereunder may be reimbursed upon approval of the Board of Directors. ARTICLE VI OPERATION OF THE PROPERTY 6.1 Determination of Budget for Common Expenses and Fixing of Common Expense Liability. The Board of Directors shall, at least ninety (90) days prior to the expiration of each fiscal year of the Association, adopt a budget of Common Expenses for the Condominium and allocate and assess such Common Expenses among the Owners according to their respective Undivided Interests in the Common Elements. The Common Expenses shall include such amounts as the Board of Directors may deem proper for the operation and maintenance of the property, including without limitation, an amount for working capital of the Condominium, for a general operating reserve, for a reserve fund for replacements, and to make up any deficit in the Common Expenses for any prior year. The Common Expenses may also include such amounts as may be required for the purchase or lease by the Board of Directors, or its designee, corporate or otherwise, on behalf of all Owners, of any Unit which is to be sold at a foreclosure or judicial sale. The Board of Directors shall advise all Owners promptly in writing of the amount of the Common Expense liability, respectively, and shall furnish copies of each budget on which such Common Expenses are ST\CORP\ORCHARD.BYL 1 1 based to all Owners and to their mortgagees . 6 .2 Payment of Common Expenses. All Owners shall be obligated to pay the Common Expenses assessed by the Board of Directors pursuant to the provisions of paragraph 6.1 hereof in periodic installments as the Board of Directors shall determine. Joint owners of a Unit shall be jointly and severally liable for the Common Expenses assessed against their Unit. Sale of a Unit by an Owner will not release such Owner from his personal obligation for unpaid Assessments due prior to the date of transfer. Any mortgagee acquiring a first mortgage interest from any Owner in any Unit and its appurtenant undivided interest in Common Elements may, as a condition of such mortgage loan, include in the mortgage note or deed a requirement that the mortgagor, upon execution of the mortgage, make a deposit of an amount not to exceed one-fourth (1/4) of the current year's Common Expense theretofore assessed against the real estate described in such mortgage deed, and may further require that such mortgagor each month deposit with such mortgagee a sufficient amount to pay those Common Expenses. The mortgage note or mortgage deed may further provide that a default in such deposits for payment of Common Expenses shall be a default under the terms of the mortgage. The lien of the Assessment provided for herein shall be subordinate to the lien of any first mortgage placed upon any Unit; provided, however, that such subordination shall apply only to the Assessments which may have become due and payable prior to the date the lender acquires title and the right to possession subsequent to a mortgage foreclosure, or the date of any transfer sale or other sale or transfer shall not release such Unit from liability for any Assessments which thereafter become due, nor from the lien of any such subsequent Assessments. 6. 3 Collection of Assessments. The Board of Directors shall assess Common Expenses against the Owners from time to time as may be necessary, and at least annually. The Board of Directors shall collect such Assessments on a monthly basis and shall take prompt action to collect any Assessment due from any Owner which remains unpaid for more than thirty ( 30) days from the due date for payment thereof. 6.4 liability of Grantor and Grantee for Unpaid Common Expenses. In the case of voluntary conveyance of a Unit, the grantee shall be jointly and severally liable with the grantor for all unpaid Assessments against the latter for common Expenses up to the time of conveyance. Any such grantee shall be entitled to a statement from the Association setting forth the amount of the unpaid Assessments against the grantor, and such grantee shall not be liable for, nor shall the Condominium conveyed by subject to a lien for unpaid Assessments in excess of the amount therein set forth. Nothing herein shall prejudice the grantee's right to recover from the grantor amounts paid by the grantee for said unpaid Assessments. 1 2 ST\CGRP\ORCRIIRD.BY:. 6.5 pefault in Payment of Common Expenses. If any Owner defaults in payment to the Board of Directors the Assessments as determined by the Board of Directors, such Owner shall be obligated to pay interest at the highest rate permitted under Minnesota Statutes, Section 549.09 from the due date thereof, together with all expenses, including attorneys' fees, incurred by the Board of Directors in any proceeding brought to collect any such unpaid Assessment. The Board of Directors shall have the right and duty to attempt to recover such Assessment, together with interest thereon, and the expenses brought against such Owner, or by foreclosure of the lien on such Unit under the Act. Any such foreclosure proceeding shall be in the manner prescribed by the Act. Notice of a default of more than thirty (30) days in payment of any Assessment by any Owner shall be given in writing to the first mortgagee of that Unit by the Secretary of the Association. 6. 6 Foreclosure of Liens for Unpaid Common Expenses. In any action taken or brought by the Board of Directors to foreclose a lien on a Unit because of unpaid Common Expenses, the Owner shall be required to pay a reasonable rental for the use of the Unit, and the plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same. 6 . 7 Statement of Common Expenses. The Board of Directors shall promptly provide any Owner so requesting the same in writing, with a written statement of all unpaid Common Expenses due from such Owner. 6 .8 Abatement and Injunction of Violations by Owners. The violation of any rule or regulation adopted by the Board of Directors, or the breach of any Bylaw contained herein, or the breach of any provision of the Declaration, shall give the Board of Directors the right, in addition to any other rights set forth in these Bylaws: (i) in the event of an emergency, to enter the Unit as provided for herein, in which, or as to which, such violation or breach exists and to summarily abate and remove,at the expense of the defaulting Owner, any structure, thing or condition that may exist therein contrary to the intent and meaning of the provision hereof, and the Board of Directors shall not thereby be deemed guilty in any manner of trespass; or (ii) to enjoin, abate, or remedy by appropriate legal proceedings the continuance of any such breach. 6.9 Restrictions on Use of Units. In order to provide for congenial occupancy of the Property and for the protection of the values of the Units, the use of the Property shall be restricted to and shall be in accordance with the following provisions: a. The Common Elements shall be used only for the furnishing of the services and facilities for which they are 13 ST\CORP\ORCRARD.$YL reasonably suited and which are incident to the use and occupancy of the Unit. b. No nuisance shall be allowed on the Property nor shall use or practice be allowed which is a source of annoyance to its occupants or which interferes with the peaceful possession or proper use of the Property by its occupants. c. No immoral, improper, offensive or unlawful use shall be made of the Property or any part thereof, and all valid laws, zoning ordinances, conditional use permits and regulations of all governmental bodies having jurisdiction thereof shall be observed. Laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereof, relating to any portion of the property, shall be complied with, by and at the sole expense of the Owner or the Board of Directors, whichever shall have the obligation to maintain or repair such portion of the Property. d. No Unit may be used for purposes other than as set forth in the Declaration, and no transient tenants may be accommodated therein, except by a lender in possession of a Unit following a default in a first mortgage, a foreclosure proceeding or any deed or other arrangement in lieu of foreclosure. e. Copies of all leases of Units, or portions thereof, shall be filed with the Board of Directors. All leases of Units shall be in writing and shall be expressly subordinated to the Declaration, Bylaws, and rules and regulations of the Association. f. Such other rules and regulations as the Board of Directors may adopt, in accordance with Section 6. 12 hereof. 6.10 Additions, Alterations, or Improvements by Condominium Owners. Except as otherwise provided herein or in the Declaration, no Owner shall make any structural addition, alteration or improvement in or to his Unit, without the written consent thereto of the Board of Directors . The Board of Directors shall have the obligation to answer any written request by an Owner for approval of a proposed structural addition, alternation or improvement in such Owner's Unit, within thirty (30) days after such request, and failure to do so within the stipulated time shall constitute a consent by the Board of Directors to the proposed addition, alteration or improvement. Any application to any department of the City of Oak Park Heights or to any other governmental authority for a permit to make an addition, alteration or improvement in or to any Unit shall be executed by the Board of Directors only, without, however, incurring any liability on the part of the Board of Directors or any of them to any contractor, BT\CORP\ORCHARD.BYL 14 subcontractor or materialmen on account of such addition, alteration, or improvement or to any person having any claim for injury to person or damage to property arising therefrom. The provisions of this Section 6.10 shall not apply to Units owned by the Declarant until such Unit shall have been initially sold by the Declarant, nor shall this Section 6. 10 pertain to structural additions, alterations , or improvements to the Common Elements allowed by the Declarant or the Association. 6.11 Right of Access. Each and every Owner does hereby grant a right of access to his Unit to the managing agent or any other person authorized by the Board of Directors or the managing agent for the purpose of making inspections or for the purpose of correcting any condition originating in his Unit or threatening another Unit or a part of the Common Elements, or for the purpose of performing installations, alterations, or repairs to the mechanical or electrical services or other Common Elements in his Unit or elsewhere in any Building, or to correct any condition which violates the provisions of any mortgage covering another Unit, provided that request for entry is made in advance and that any such entry is at a time reasonably convenient to the Owner. In case of an emergency, such right of entry shall be immediate, whether the Owner is present at the time or not. 6.12 Rules of Conduct. Rules and regulations concerning the use of the Units and the Common Elements may be promulgated and amended by the Board of Directors. Copies of such rules and regulations shall be furnished by the Board of Directors to each Owner and shall become effective thirty days thereafter unless rejected by Unit Owners holding at least 50% of the interest in the Common Elements. 6.13 Fiscal Year. The fiscal year of the Association shall be the calendar year, unless and until otherwise determined by the Board of Directors. ARTICLE VII MISCELLANEOUS 7 . 1 Notices. All notices required hereunder shall be sent by United States mail, postage prepaid, to the Association at the office of the Condominium or to such other address as the Board of Directors may hereafter designate from time to time by written notice given in the manner hereinafter prescribed. All notices to any Owner shall be sent by United States mail, postage prepaid, to the Building or to such other address as may have been designated by him in writing from time to time to the Board of Directors. All notices to mortgagees of Units shall be sent by mail to their respective addresses as designated by them from time to time in writing to the Board of Directors. All notices shall be deemed to have been given when received. 15 ST\CORP\ORCHARD.BYL 7 . 2 Invalidity. The invalidity of any part of these Bylaws shall not impair or affect in any manner the validity, enforce- ability or affect the balance of these Bylaws. 7 . 3 Captions. The captions herein are inserted only as a matter of convenience and for reference,and in no way define, limit or describe the scope of these Bylaws, or the intent of any provision thereof . 7.4 Gender. The use of the masculine gender in these Bylaws shall be deemed to include the feminine gender, the use of the singular shall be deemed to include the plural and the use of personal or individual references shall be deemed to include corporate or other non-natural persons, whenever the context so requires. 7.5 Waiver. No restriction, condition, obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur. ARTICLE VIII AMENDMENTS 8 . 1 Amendments to Bylaws. These Bylaws may be amended only in the manner provided by law and by the affirmative vote of sufficient persons entitled to vote comprising at least sixty-seven (67%) percent of the Undivided Interests in the Common Elements, computed in accordance with the provisions of these Bylaws; provided, however, that any such amendment shall have been approved in writing by at least sixty-seven (67%) percent of the first mortgagees of Units, with each mortgagee having one vote per Unit financed. 8 .2 Amendments to Bylaws by Declarant. Until the last Unit in the Buildings is conveyed to the first purchase by Declarant, these Bylaws may be amended in writing, for the purposes of making technical corrections or correcting scrivener's errors, by the action of Declarant only. However, any such amendment shall not affect the Common Elements nor the Undivided interests, and that no such modification shall materially affect the rights of an Owner. S \CORP\ORCi1ARO.BY1. 16 r 8 . 3 Exceptions . So long as the Declarant shall be the Owner of one or more Units , the Bylaws shall not be amended without the consent in writing of the Declarant . r APPROVED THIS i , '� day of 04:0b a� _ , 1995 . ORCHARD PARK ASSOCIATION By : R *94 Its : ..,5_,Z.V.X, t7 _ STATE OF MINNESOTA ) ) SS COUNTY OF WASHINGTON) i i The foregoing instrument was acknowledged before me this /0 r day of t46� .,.- , 1995 by o e.r k c,. -1,C r,"51r-, _� c- , the C -c e - li Q- - r`e-c- r of Orchard Park Association , a Minn rota Non-Profit Corporation , on behalf of said Corporation . s` SUSAN M. SCHIESS£R '� _ �_ai,-,^?' ;" NJtnRY PUBLIC — MINNESOTA NotaryP ].�C t ,-7: .: T'b ';,- _,:iMY COMMISSION EXPIRES -'-,..t,:',0 JANUARY RY 31, 2000 THIS DOCUMENT DRAFTED BY : Trimble & Associates , Ltd . 6381 Osgood Avenue North Orchard Park '1B" Stillwater , MN 55082 ( 612 ) 430-3247 17 ST\CORP\ORCHARD.BY:. VS9SES SSA E LI ot ACW,MiliSVA 113(wiO3•8 AtWM i789€154