The following provisions are intended for the benefit of each holder of a first mortgage upon a Unit, and, to the extent that any other provisions of this Declaration conflicts with the following provisions, if at all, the following provisions shall control:
22.1 Upon request in writing, the Association shall furnish to each Institutional First Mortgagee of a Unit and any holder, insurer or guarantor of a first mortgage a written notice of any default by the Unit Owner of such Unit in the performance of such Unit Owner's obligations under this Declaration that has not been cured within 30 days.
22.2 Upon request in writing, each Institutional First Mortgagee of a Unit and any holder, insurer or guarantor of a first mortgage on a Unit shall have the right:
22.3 No provision of this Declaration or the Articles of Incorporation or any similar instrument pertaining to the Condominium Property or the Units therein shall be deemed to give a Unit Owner or any other party priority over any rights of the Institutional First Mortgagees of Units pursuant to their mortgages in the case of distribution to Unit Owners of insurance proceeds or condemnation awards for losses to or a taking of the Units, and/or the Common Elements, or any portion thereof or interest therein. In such event, the holder of any first mortgage on a Unit shall be entitled, upon specific written request, to timely written notice of any such loss.
22.4 The consent of Owners holding at least 75% of the total votes in the Association and the approval of the holders of first mortgages on Units which represent at least 51% of the votes of Units that are subject to first mortgages shall be required to add or amend any material provisions of this Declaration which establish, provide for, govern or regulate any of the following:
22.5 Upon specific written request to the Association, each Institutional First Mortgage of a Unit or holder, insurer or guarantor of a mortgage on a Unit shall be furnished notice in writing by the Association of any damage to or destruction or taking of the Common Elements if such damage or destruction or taking exceeds $10,000.00 or if damage shall occur to a Unit in excess of $1,000.00.
22.6 If any Unit or portion thereof or the Common Elements or any portion thereof is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, then the holder, insurer or guarantor of any first mortgage on a Unit will be entitled to timely written notice, upon specific written request, of any such proceeding or proposed acquisition and no provisions of any document will entitle a Unit Owner or other party to priority over such holder with respect to the distribution to such Unit of the proceeds of any award or settlement.
22.7 Any holder of a first mortgage on a Unit who receives a written request to approve additions or amendments and fails to deliver or mail to the requesting party a negative response within thirty (30) days shall be deemed to have approved such request.
22.8 As required by Section 718.110, Florida Statutes, any mortgage consent required under this Section shall not be unreasonably withheld and shall otherwise be deemed to apply to the extent applicable. 22.9 Commercial Units.
THERE ARE PRESENTLY 2 COMMERCIAL UNITS IN THE CONDOMINIUM. THE COMMERCIAL UNITS MAY BE USED FOR ANY AND ALL LAWFUL PURPOSES, CONSISTENT WITH THE PROVISIONS OF THIS DECLARATION AND THAT CERTAIN AGREEMENT FOR DEVELOPMENT REFERENCED IN SECTION 18.37 WITHOUT THE CONSENT OF THE ASSOCIATION, AND MAY BE TRANSFERRED, CONVEYED, LEASED OR DISPOSED OF WITHOUT THE CONSENT OF THE ASSOCIATION. THE COMMERCIAL UNITS SHALL BE USED IN ACCORDANCE WITH APPLICABLE LAWS, INCLUDING, BUT NOT LIMITED TO, CHAPTER 718 OF THE FLORIDA STATUTES AND ZONING REGULATIONS OF THE CITY OF CLEARWATER, FLORIDA. SUBJECT TO THE FOREGOING, THE OWNER OF A COMMERCIAL UNIT HAS THE RIGHT TO PERMIT THE PUBLIC TO USE IT AND TO CHARGE A FEE FOR THE USE OF THE COMMERCIAL UNIT TO THE PUBLIC. NO ACTION MAY BE TAKEN WHICH MATERIALLY ADVERSELY AFFECTS THE RIGHT AND INTERESTS OF THE COMMERCIAL UNIT OWNERS WITHOUT THEIR PRIOR WRITTEN CONSENT. THE OWNER OF THE COMMERCIAL UNIT SHALL HAVE THE RIGHT TO LEASE AND SHALL NOT BE SUBJECT TO ANY RESTRICTIONS OR LIMITATIONS ON LEASES OR RENTALS.
The following restrictions shall be applicable to the Commercial Units:
Advertising. No Owner or lessee shall employ an advertising medium which can be heard or experienced outside of a Commercial Unit, including, without limiting the generality of the foregoing, flashing lights, searchlights, loudspeakers, phonographs, compact disc players, radios or television. Identification and other signage shall be governed by the City of Clearwater, Florida. No Owner, or his lessee, shall distribute, or cause to be distributed, any handbill or other advertising device on the Association Property or on the public sidewalks or streets adjacent to the Project.
Commercial Invitees and Lessees: Insurance. An Owner of a Commercial Unit shall be responsible for compliance by such Owner's Commercial Invitees and lessees, and such Owner's lessees' Commercial Invitees, with the provisions of this Declaration, the By-Laws, and any rules made by the Board. The Owner of the Commercial Units and such Owner's lessees shall maintain a policy or policies of public liability insurance in an amount which is reasonable for the use of the Commercial Unit, naming the Association as an additional insured and shall demonstrate proof of such insurance to the Board upon request.
Sign Control. Identification and other signs may be placed or displayed by Owners or tenants of Commercial Units only upon approval in accordance with all applicable federal, state and local laws and regulations. So long as Developer owns any interest in the Project, all identification and other signs for the Commercial Units (and any changes thereto) are subject to the prior written approval of Developer.
22.10 Parking Units. The Developer has entered into an Agreement for development and disposition of property (the "Development Agreement") with the Community Redevelopment Agency of the City of Clearwater, Florida. Pursuant to the terms of the Development Agreement, the Developer has agreed to sell to the Community Redevelopment Agency of the City of Clearwater, Florida, or the City of Clearwater, Florida (collectively the "City") one hundred (100) parking spaces located within the Condominium property. Said 100 parking spaces are contained in forty-three (43) Parking Units as identified on Exhibit A to this Declaration. Said Parking Units will be used for municipal parking, open to the general public and will not be assigned to any of the Residential Units or Commercial Units. Said parking spaces will be individually metered or otherwise subject to collection of fees by the City without involvement in any way of the Residential Unit Owners, the Commercial Unit Owners, the Association or the Developer. The City shall be responsible for the operation, maintenance, repair and replacement of the Parking Units; provided, however, such maintenance, repair and replacement shall be done in conjunction with the Association such that the City and the Association reasonably mutually agree on a maintenance, repair and replacement program to ensure the uniformity, consistency and continuing value of the Parking Units as well as the parking areas serving the Residential Units and commercial Units. NOTWITHSTANDING ANY OTHER PROVISION OF THIS DECLARATION OR ANY OTHER DOCUMENT OR AGREEMENT INVOLVING THE PARKING UNITS, UNDER NO CIRCUMSTANCES SHALL THE OWNER OF THE PARKING UNITS BE RESPONSIBLE FOR ANY PAYMENTS OR EXPENSES CONCERNING THE OPERATION, MAINTENANCE, REPAIR OR REPLACEMENT OF THE AMENITIES SERVING THE RESIDENTIAL UNITS EXCLUSIVELY. Notwithstanding any other provision of this Declaration or other agreements affecting the Condominium Property, the owners of the Parking Units agree to pay the monthly and annual maintenance or special assessments set forth in the Proposed Budget attached hereto as Schedule 3 and as subsequently passed by the Board of Directors of the Association. The owner of the Parking Units shall have one (1) vote per Parking Unit and shall be entitled to elect one (1) Director to the Board of Directors of the Association annually. Notwithstanding anything contained in this Declaration, the Prospectus or any other condominium document pertinent to the Station Square Condominium project, the City's obligation to maintain and repair the Parking Units shall be pursuant to established procedures for the acquisition or use of commodities end services under the Clearwater City Code, without interference or approval by the Association. Under no circumstances shall the Association be required to provide security for the City's Parking Units or the common Elements around the Parking Units. The City shall be responsible to supply security around the Parking Units through internal resources or otherwise at the City's discretion; provided, however, reasonable security shall be provided in some fashion by the City.