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^rcAN RESORTS CO-OP, INC.
IOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT PERATIVE RESIDENTAL PARK
SAINT LUCIE COUNTY
HLE# 4597986 07/25/2019 11:52:39 AM :CREATIONAL VEHICLE UNITS
DR BOOK 4300 PAGE 1222=1228 Doc Type:LEASE
RECORDING: $61.00 MENDED AND RESTATED
IER'S PROPRIETARY LEASE
AdOD
UNIT NUMBER 30
BY THIS LEASE made on the 241h day of July, 2019 OCEAN RESORTS CO-OP, INC., a Florida Corporation under
Chapter 607 of the Florida Statutes with offices at 5101 North Highway A1A, Fort Pierce, Florida, 34949,
hereinafter called Lessor Bartscht Florida Trust and hereinafter referred to as Lessee, agree as follows:
1. PROPERTY AND TERM: Lessor leases to Lessee Unit Number 30 in OCEAN RESORTS CO-OP, INC., a Co-.
Operative Residential Park with Recreational Vehicle Units, located upon property in St. Lucie County,
Florida, more properly described in Exhibit "A" attached hereto and made a part hereof for.a term
beginning on the 24th day of July, 2019 and ending on the 23rd day of July 2020. Upon termination.of any
renewal term,this Lease shall be automatically renewed so long as the Lessee is not in default.under any
of the terms and conditions of the Proprietary Lease, the Article of Incorporation and the By-Laws of
OCEAN RESORTS CO-OP INC. Lessee holds 1/400th ownership in Lessor, and this Lease is appurtenant to
such ownership.
2. ANNUAL ASSESSMENTS: Lessee shall be responsible for the payment of assessments for the upkeep
and maintenance of the Association property including maintenance and management costs. The Board
of Directors of the Lessor from time to time shall fix the sum of money needed for the operation of the
Lessor Association. It shall determine the amount required for operating items such as maintenance,
taxes, insurance, repairs, betterments, utilities, management., reserves and other sums necessary to the
upkeep, operation or maintenance of the Lessor's property.
Assessments will be made against the unit on the basis of the,proportionate share of common expenses
allocated to the unit which will be 1/400th of the annual budget.
Although amounts.required to be funded by assessment will be determined on a yearly basis,the actual
assessment for the unit will be made quarterly, covering the next succeeding unpaid there months. The
amount determined shall be due and payable in.advance on the first day of each quarter. Lessee shall
also.pay promptly when due such additional assessments as maybe provided for herein.
The Board of Directors of the Lessor Association is empowered to set-up operation funds that may be
replenished from time to time as needed. Special assessments as required shall be paid and levied in
the same manner as regular assessments. The Lessee shall pay all.assessments against their individual
unit promptly when due, but no Lessee shall be personally liable for Association debts.
If the Directors fail to make new assessments, the Lessees shall pay at the current rate until a new rate
is determined.
All assessments paid by Lessees to Lessor for maintenance,taxes,operation,insurance and management
shall be used by Lessor to pay the obligations of Lessor as authorized by the Board of Directors. Any
excess received from assessments paid by Lessees and held by Lessor at the conclusion ofits tax year,
whether calendar or fiscal,shall be at the option of the Board of Directors, either used by Lessor to apply
against future expenses of Lessor or returned to the Lessees.
Ocean,Resorts Co-Op Proprietary Lease Page 1 of 7
3. POSSESSION: Upon payment of the assessments above reserved and the due performance of-the
agreements contained in this Lease to be performed, Lessee shall and may peaceably and quietly hold
the leased property.
Lessees of units abutting the Indian River waterfront on the westerly sid he grounds, the bulkhead
on the westerly and northerly side of the grounds and the buffer zone on e asj/Se(C� grounds
abutting the state highway are granted the exclusive use of the aforem ed ��,,��JJ��
Lessee shall have the right of joint use and enjoyment in common with other Lessees of the property of
Lessor not specifically leased to other Lessees except insofar as it may be limited.or restricted by this
Lease or by the Rules and Regulations and By-Laws of this Lessor Association.
4. USE: Lessee shall promptly observe and comply with all, present.and future By-Laws and Rules and
Regulations promulgated by any governmental body having jurisdiction over the leased property.
Lessee shall not do or suffer to be done in and upon the unit or upon the Lessor property any act or thing
that is of disorderly or unlawful nature or a nuisance;or that may cause damage to the Lessor Association
or the Lessor property.
The-Lessee unit and the Lessor property shall only be used in accordance,with the use restrictions set
forth in Section of 11 of the By-Laws and the Rules and Regulations of the Lessor Association by reference
in the Lease.
S. MAINTENANCE: Lessee shall keep the unit in good order and repair and shall maintain the unit in
accordance with the provisions pertaining thereto in Section 11 of the By-Laws of the Lessor Association.
Lessee shall keep the Lessor's property of liens and encumbrances. Lessee has no authority to create
any encumbrance or construction lien on the property superior to Lessor's right or title. If any
encumbrance or lien is placed against the unit and is not removed within sixty (60) days, Lessor may
require Lessee to give satisfactory security for its removal in an amount equal to twice the amount of
the lien.
6.' INSURANCE: Lessor shall provide fire, storm, extended coverage and public liability on the Lessor's
property. Lessee shall be responsible for the carrying of such other.insurance as Lessee may desire to
protect Lessee's interest.
Lessee.shall not permit anything to be done or kept on his unit that would increase the rate of reasonable
objectionable occupancy or use, if Lessee fails to.remedy the objection within ten (10) days, Lessee shall
become liable for the additional insurance premium incurred by Lessor.
7. PAYMENT OF TAXES, RENTAL AND OTHER COSTS BY LESSOR: To the limit of its resources and out of
funds provided by the Lessees, Lessor shall:
a. Pay.all taxes and assessments that may be levied against the property of the Lessor.
b. Pay the premium on all necessary insurance required to be carried by Lessor under the terms of this
Lease.
c. 'Pay all necessary bills that might be incurred for operation, maintenance and management of the
Lessor property, including water and sewer bills.
Ocean Resorts Co-Op Propriety Lease Page 2 of 7
8. UTILITY CHARGES: Lessee shall pay all charges for individual utilities furnished to his individual.unit.
Lessor shall pay all charges for utilities that may be-incurred in connection with the operation of the,
common areas belonging to Lessor and used by all of the Lessees.
9. SALE, PURCHASE, LEASE, EXCHANGE, MORTGAGE OR ALTERATIONS OF ASSOCIATION PROPERTY:
Lessor shall not sell, lease, exchange or mortgage the Lessor real property as an entirety, purchase or
lease additional real property, or make alterations or substantial additions which would change the
original use of the real property without the approval by vote or written nt of the Lessees in
accordance with the requirements of the By-Laws. Copy
10. INSPECTION OF LEASED PROPERTY: Lessee shall permit Lessor or its agent to enter the unit at any
reasonable time during daylight, or in an emergency, during the hours of darkness for the purpose of
inspecting the unit or of making repairs that Lessee may neglect or refuse to make in accordance with
this Lease. The right and authority hereby reserved does not impose, nor does Lessor assume by reason
thereof, any responsibility or liability for the care or supervision of the unit, building, or appurtenances
thereto, except as specifically provided herein.
11. PROPRIETARY LEASES: Lessor shall be entitled to issue a total of four hundred (400) Lessee Proprietary
Leases to units in OCEAN RESORTS CO-OP, INC., the description of these Leases with the voting rights
and equity rights pertaining to them is fully set forth in the By-Laws of OCEAN RESORTS CO-OP, INC., and
such description is hereby incorporated in this Lease by reference.
12. SALE, TRANSFER, PLEDGING OR SUBLEASING OF UNIT BY LESSEE: The sale, transfer, pledging or
subleasing of the unit covered by this Owner's Proprietary Lease shall be governed by the By-Laws of
OCEAN RESORTS CO-OP, INC. and such By-Laws are incorporated by reference in this Lease.
13. DEFAULT—FAILURE TO PAY ASSESSMENTS AND OTHER CHARGES: If an assessment or any other sum
or charge required to be paid under this Lease is not paid within sixty (60) days after the invoice date,
the Lessor may terminate the lease. If an assessment is not paid and the Lease has been terminated for
nonpayment,the Lessee or any other person or persons in possession shall promptly quit and surrender
the unit to the Lessor and Lessor may re-enter and repossess the unity without any additional notice
being given.
If Lessee or any other person or persons in possession fails to vacate the unit upon the termination of
the Lease,Lessor may bring action to evict that Lessee or other person and regain possession of the unit.
The provisions of Florida Statute Chapter 83 relating to interest on rental deposits to be paid to tenants
by Lessors shall not apply in the case of this Proprietary Lease. Rentals paid by Lessee are assessments
to Lessor and shall be used by Lessor for the purpose of paying Lessee's share of the cost of maintaining
and operating-the Cooperative property in which the unit is located. Lessee will paythe assessments to
Lessor and on the terms and at the times herein provided,without any deduction on account of any set-
off or claim that Lessee may have against Lessor.
If Lessee fails to pay.any assessment within thirty (30) days from the date notice of the assessment has
been mailed to the Lessee by Lessor, the Lessee shall pay to Lessor an additional charge equal to the
highest rate allowed by law.
Ocean Resorts Co-Op Proprietary Lease Page 3 of 7
In addition to all of the other remedies, Lessor shall have a lien against the Lessee's Proprietary Lease
for any sums due Lessor that are not paid when due. The lien shall be superior to the rights of the Lessee
or any person in possession under the Lease. If the sums are not paid within sixty (60) days after they
are due and payable to Lessor; Lessor, at its option, may foreclose the lien. Lessor shall receive, in
addition to any sums of principal due or late charges, all its costs and its reasonable attorney's fees
incurred in connection with the foreclosure. Lessor may bid at any sale held pursuant to the foreclosure
judgement and apply all sums due Lessor principal or late charges against the bid.
14. DEFAULT — OTHER CAUSES: If Lessee violates any of the terms of this Lease, the Articles of
Incorporation, By-Laws or the Rules and Regulations of Lessor, or any amendments thereto, and the
violation continues for a period of ten (10) days from the date the Lessee receives the notice of the
violation, Lessor may treat the violation as a material breach of this Lease and may terminate this Lease
pursuant to the provision set forth in Paragraph 13 hereof. Upon term ati n, L ssee or any person or
persons in possession of his unit, shall promptly quit and surrender the it o ss ssor may re-
enter and repossess the unit without an additional notice being given. If a Les��a person or
p Y Y
persons in possession of the unit fails to vacate the unit upon termination of the Lease, Lessor may bring
an action to evict the Lessee or the person and regain possession-of the unit.
15. PROVISION OF ARTICLES OF INCORPORATION, BY-LAWS, RULES AND REGULATIONS: This lease is
subject to, and Lessor and Lessee shall abide by the provisions of the Articles of Incorporation, the By-
Laws and the Rules and Regulations of OCEAN RESORTS CO-OP, INC. The Articles of Incorporation, By-
Laws, Rules and Regulations and any amendments thereto are incorporated herein and made a part
hereof by reference. Lessee acknowledges that he has been provided with a copy of the Articles of
Incorporation, the By-Laws and the present Rules and Regulations of OCEAN RESORTS CO-OP INC., and
that he has read them and understands their contents.
16. WAIVER: The waiver of a breach of this Lease shall not be a waiver of a subsequent breach, nor affect
the validity of this agreement.
17. NOTICE: Any notice required by the Lease to be given to Lessee may be.given by delivery of a copy of
the notice to Lessee at Lessee's unit-or may be mailed to Lessee by United States mail addressed to
Lessee at the address Lessee has given to Lessor in writing.
Any notice to be given under this Lease on Lessor may be given by mailing it to OCEAN RESORTS CO-
OP, INC., 5101 North A1A, Fort Pierce, Florida 34949 by United States mail.
18. ENFORCEMENT PROVISIONS IN LEASE AND ATTORNEY'S FEES: Lessor at its option may utilize any
remedies available at law or in equity to enforce this Lease. Lessee shall pay all reasonable costs,
expenses and attorney's fees incurred or expended by Lessor as a result of any default by Lessee in this
Lease whether incurred by the institution of litigation, including appellate proceedings, or in obtaining
advice of counsel or otherwise.
19. GENDER: The term "Lessee" in this instrument includes the singular and the plural and all genders. .
Ocean Resorts Co-Op Proprietary Lease Page 4 of 7
20. INVALIDITY CLAUSE: If any part of this Lease is adjudged invalid,the validity of the.other parts shall not
be affected. Any right and remedies given by Lessor and Lessee by this Lease shall be in addition to those
provided by law. Lessor and Lessee may enjoin any breach or threatened breach of this lease. -All
remedies in this Lease shall be cumulative.
21. CONSTRUCTION OF LEASE: The legal relationship between Lessor and Lessee is that of landlord and
tenant for the purpose of construing Lessee's rights of occupancy under this Lease. This lease shall be
construed under the Laws of the State of Florida.
22. DEVOLUTION: This agreement shall bind the parties and their he' , ers (jpyepresentatives,
successors and assigns.
23. INDEMNITY: Lessee shall indemnify Lessor and hold its Lessor harmless from any claims or demands
arising from:
a. Lessee's use or possession of the property and anything done or permitted by Lessee in or about
the property, or any of them;
b. Any default of Lessee under this Lease;
c. The negligence of Lessee and his agents; contracts or employees of any of them;
d. Any damage to.the property of Lessee or others or injury to any person on or about the property
from any cause;
e. Any legal or administrative proceeding in which Lessor is made a part without its fault;
f. All costs, attorney's fees and expenses incurred by Lessor in connection with items indemnified
against. Lessee shall provide, at its expense, an attorney satisfactory to Lessor to defend any legal
action or proceeding resulting from a claim or demand indemnified against.
Witness as to Lessor: LESSOR: OCE E RTS
By B
Print Name:- �-qg n n � &)1)()r Da/idComolli—President
By:
Print Name: rl G �D i'ne-z
ATTEST:
F; z- /
.�. By: I
�r F James uysse -,Secretary
(Corpgrate Seal)
Ocean Resorts co-Op Proprietary Lease Page 5 of 7
Witnesses as to Lessee/Owner: Lessee/Owne
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Pri t Name:1)0 � n� 'Q� Print Name: Charla Jean Barscht Fishbach
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Print Name:Lu,4 r) r) 0 O
Witnesses as to Lessee/Owner: Lessee/Owner:
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Print Name:LULctnnD' -)nf) Print Name: Terry Ellison
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Print Name: � r tC! n�L2 0p
Wit esses as to Lessee/Owner: Le a/Owner:
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Print Name� �n no R� Cynr)4 int Name: Christopher Ellison
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Print Name:MQ f
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Witnesses as to Lessee/Owner: Lessee/Owner:
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//' Print Name: Craig Ellison
Print Name n� raino,
Print Name: Mq t-I a
Ocean Resorts Co-Op Proprietary Lease Page 6 of 7
EXHIBIT"A"
Legal Descriptions
Parcel I:The South 1000 feet of that part of Government Lot 3, Section 11, Township 34 South, Range 40 East as
measured along the East right of way of State Road A-1-A and lying East of said right of way; together with all
that property lying South of a line running from East to West from the Atlantic Ocean to the Indian River 3828.75
feet South of and parallel to the North line of Sections 9, 10 and 11, Township 34 South, Range 40 East, and lying
West of the right of way of State Road A-1-A, less the following described parcel:
.Parcel No. 1: Beginning at a point on the South line of Section 11, Township 34 South, Range 40 East said point
being 262 feet West of the intersection of the West right of way of State Road A-1-A and the South line of Said
Section 11; thence run North at a right angle to the said South line a distance of 207 feet;thence run West and
parallel to the said South linea distance of 432 feet;thence run South to a point on the said South line of Section
11;thence run East along the South line of Section 11 a distance of 432 feet to the point of beginning.
Parcel II: Commence at the intersection of a line lying 3220 feet South of and parallelh t e North line of
Section 11, Township 34 South, Range 40 East, St. Lucie County, Florida, with the East rig of ali ate
Road A-1-A; thence run Southeasterly along the East right of way line of State Road A-1-A a distanc0
feet to ap oint;thence continue Southeasterly along the East right of way line of State Road A-1-A,with a bearieg
of S14053 '23"E a distance of 853.13 feet to an intersection with a line lying parallel with the South line of said
Section 11 and 1000 feet North of the South line of Said Section 11,said 1000 feet being as measured along the East
right of way line of State Road A-1-A; thence run N890 1 8'37"E parallel with the South line of Said Section 11; a
distance of 44.15 feet to the Point of Beginning; from said Point of Beginning continue S89018'37"W 178.15 feet,
more or less,to the Mean High Water Line of the Atlantic Ocean; thence run N17°10'21"W along said Mean High
Water Line 44.65 feet, more or less,to a point;thence run S74°48'19"W 170.93 feet to the Point of Beginning.
Parcel III:That part of the North 550 feet lying West of the Easterly Meandering High Water Line of Blue Hole Creek
of Section 15,Township 34, Range 40, St. Lucie County, Florida consisting of approximately 30.00 acres.
Parcel IV:The South 1/2 of Section 10,Township 34 South, Range 40 East lying Westerly of the Mean High Water
Line of Blue Hole Creek/.Cove less and except any lands lying below the Mean high Water Line of Blue Hole Creek,
Blue Hole Cove,the Indian River or any of its tributaries.
Ocean Resorts Co-Op Proprietary Lease Page 7 of 7
PLEASE RETURN RECORDED DOCUMENT TO OCEAN RESORTS CO-OP,INC.5101 N Highway.AIIA,FT.PIERCE,FL.34949
Ocean Resorts Co-op, Inc.
5101 N Highway Al A
JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT. Fort Pierce, FL 34949-8203
SAINT LUCIE COUNTY
FILE# 4597987 07/25/201911:52:39 AM Fice 772-464-4803/465-1003 Fax 772-464-0709
45979
OR BOOK 4300 PAGE 1229-1232 Doc Type:AFF =mall: OfflCeadmin C()OCeanreSOrtSCO-OpInC.Of q
RECORDING: $35.50
AFFIDAVIT OF OWNERSHIP TRANSFER
COUNTY OF: ST. LUCIE COUNTY
STATE OF: FLORIDA
THIS AFFIDAVIT is evidence of the transfer of a SHARE in Ocean Resorts Co-Op, Inc., and a
PROPRIETARY LEASE,with any amendments thereto. A complete copy of the said original Proprietary
Lease is on file with the St. Lucie County Clerk of the Court, in Official Records Book 780 Page 2445,
recorded 3/18/1992.
THIS DOCUMENT serves as evidence of the right granted to the Lessee arid/or Assignee stated
therein to occupy Unit Number 30 with a streetaddress of 5265 Compass Cove Place, Fort Pierce,
Florida 34949, in the described property which is owned by the cooperative non-profit corporation,known
as Ocean Resorts Co-Op, Inc.
Transferor: Charles R. Bartscht, Trustee, Bartscht Florida Trust
Mailing Address: P.O. Box 648
Shelbyville, IL 62565
Transferee: Bartscht Florida Trust
Mailing Address: P.O. Box 648 C
Shelbyville, IL 62565 O
Did transfer include home: Yes Consideration: $0(transfer) Date of Transfer: 7j��
I HEREBY CERTIFY THAT THIS 66CUMENT HAS BEEN EXAMINED BY ME AND TO THE BEST OF
MY KNOW E AND B51_ EF AND IS PO PLET .
L C rla Jea Bartscht Fischbach, Trustee fe—r,6 EI ion, Trustee
hristopher Ellisdn, Trustee Craig Ellison, Trustee
HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid.to take acknowledgments, personally appeared Charl Jean Bartscht Fischbach,who
❑ produced as identification oy4 is personally known to me to be
the persons described in the foregoing instrument and who have taken an oath and acknowledged
before me that they executed the same.
r,
WITNESS my hand and official seal in the State and County last aforesaid thisa� day of
L , 2019.
ot',x�pLeL; LUANN O'CONNOR Print Name: L�q n n C)t CO n m o r
�• Notary Public-State of Florida
64
orFc Commission#GG 270518 Notary Public, State of Florida at Large
My Comm.Expires Oct 23,2022
My Commission Expires: �c`a� —)-2-%Affix Sea!
State of Florida, County of �+ L�I-GI 'E?
The foregoing Affidavit bearing the signature of Terry Ellison was acknowledged before me this
day of L 2019.
Signature of Notary Public 0
Printed name LLkq n h Co n n
Personally, known or produced identificationt)3 1��V-5 U C'e h�
Type of identification produced I>-(— ye r''S C-V i-
LUANN O'CONNOR
O• G^ co"
Notary Public.State of F]2022
Commission a GG 2705OF F My Comm.Expires Oct 23
(Seal)
State of Florida, County of Luc t`o ,
The foregoing Affidavit bearing the signature of Craig Ellison was acknowledged before me this
day of 2019.
Signature of Notary Publi lJ 0
t
Printed name -n
Personally,knownx-or produced identification
Type of identification produced
�►AY Pue, LUANN O'CONNOR
=_: `'• Notary Public-state of Florida
���••�= Commission N GG 270518
My Comm.Expires Oct 23,2022
(Seal)
State of Florida, County of
The foregoing Affidavit bearing the signature of Christopher Ellison was acknowledged before
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me this 24 day of J LAIl 2019.
n �
Signature of Notary Publi Cc./YI/11 l!
Printed name
Personally, known or produced identification
Type of identification produced {�`' �e r5 L-�ce
�'"r p�'' LUANN O'CONNOR
o °�°:
=_ , a Notary Public•State of Florida
`a � Commission N GG 270518
PP
�OF ft�r
My Comm.Expires Oct 23,2022
(Seal)
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