# Amendments transcript: Castle Beach Club, a Condominium

Verbatim transcription of `sources/governing/amendments.pdf` (scanned compilation of Amendments 1 through 6, 89 PDF pages; pack ends at the Sixth Amendment, recorded 2000-01-07). Transcribed page by page from 150 dpi renders (survey exhibit sheets described, not transcribed). The source scan wins over this transcript. Recording chain and digest: `governing-documents.md`.

Conventions match `declaration-transcript.md`: one section per PDF page, headed with the OR book/page stamp; microfilm strips and clerk codes not repeated; `[illegible]` marks unreadable text.

**Complete: all 89 PDF pages transcribed (verified 2026-10-01).**

---

## PDF page 1 (OR 15469/3919) - First Amendment, page 1

Clerk stamp: 92R136222, 1992 APR 13 14:22. Microfilm strip dated Apr 13, 1992. File code: 1970001B.CBL/km, 3/18/92. Handwritten bottom right: 91.50.

THIS INSTRUMENT PREPARED BY: LEONARD LUBART, ESQUIRE, GREENSPOON, MARDER, HIRSCHFELD & RAFKIN, P.A., Trade Centre South, Suite 700, 100 West Cypress Creek Road, Fort Lauderdale, Florida 33309

FIRST AMENDMENT TO DECLARATION OF CONDOMINIUM ESTABLISHING CASTLE BEACH CLUB, A CONDOMINIUM

WHEREAS, the Declaration of Condominium establishing Castle Beach Club, a Condominium, was recorded on November 16, 1991, in Official Records Book 15285, at Page 1869, of the Public Records of Dade County, Florida (the "Declaration"); and,

WHEREAS, the Developer is the owner of Units 433, 434, 435, 1101, 1102 and 1103; and,

WHEREAS, Article 4.02 of the Declaration provides as follows:

[Quoted text of 4.02 in full, matching the Declaration transcript's Article 4.02 verbatim.]

NOW, THEREFORE, the Declaration is amended as follows:

1. Unit 434 is eliminated. Units 433 and 435 are hereby enlarged by the construction of a wall dividing former Unit 434 in half and making each half of former Unit 434 a part of Units 433 and 435 as shown on the Floor Plans attached hereto as Exhibit "A" which replaces Sheet 12 of 40 in the original Declaration.

2. The undivided share in the Common Expenses and the percentage of sharing Common Expenses and owning Common Surplus for Units 433 and 435 shall now be equal to their original percentage plus one-half of the percentage allocated to former Unit 434.

3. Units 433 and 435 will have one vote each.

4. Unit 1102 is eliminated. Units 1101 and 1103 are hereby enlarged by the construction of a wall dividing former Unit 1102 in half and making each half of former Unit 1102 a part of Units 1101 [continues on next page]

## PDF page 2 (OR 15469/3920) - First Amendment, page 2

[continuation of item 4] and 1103 as shown on the Floor Plans attached hereto as Exhibit "B" which replaces Sheet 26 of 40 in the original Declaration.

5. The undivided share in the Common Expenses and the percentage of sharing Common Expenses and owning Common Surplus for Units 1101 and 1103 shall now be equal to their original percentage plus one-half of the percentage allocated to former Unit 1102.

6. Units 1101 and 1103 will have one vote each.

7. Exhibit "B" to the Declaration is deemed to be revised in accordance with this Amendment.

8. By countersigning below, CAPITAL BANK and HOME SAVINGS BANK, FSB, consent to the terms and provisions of this First Amendment to Declaration.

IN WITNESS WHEREOF, the Developer has caused these presents to be signed in its name and on its behalf by the appropriate individuals on this ___ day of ___________, 19___ [blanks not filled].

Signed, Sealed and Delivered in the Presence of: [witnesses] Robert Guiliker [spelling approximate], Virginia Mald[illegible]

CRESCENT HEIGHTS X, INC., a Florida corporation. BY: [signature] Bruce A. Menin

CAPITAL BANK. BY: [blank, not signed on this page]

HOME SAVINGS BANK, FSB. [witnesses] Jacquelyn Mullis; Dominic R. Battala [spelling approximate]. BY: [signature] Thomas M. Wohl

STATE OF FLORIDA, COUNTY OF DADE, ss. BEFORE ME, the undersigned authority, personally appeared Bruce A. Menin [handwritten], as Vice Pres. [handwritten] of CRESCENT HEIGHTS X, INC., a Florida corporation, to me known and known to me to be the person who executed the foregoing instrument as such officer, and he duly acknowledged before me that he executed the same freely and voluntarily as the act and deed of said corporation.

WITNESS my hand and official seal in the County and State aforesaid, this 10 [handwritten] day of April [handwritten], 1992 [handwritten]. [signature] Notary Public, State of Florida, Hilda Hernandez [handwritten + seal]. My commission expires: NOTARY PUBLIC STATE OF FLORIDA, MY COMMISSION EXP JULY 23, 1992, BONDED THRU GENERAL INS. UND.

## PDF page 3 (OR 15469/3921) - First Amendment, page 3

STATE OF FLORIDA, COUNTY OF DADE, ss. BEFORE ME, the undersigned authority, personally appeared __________, as __________ of CAPITAL BANK [acknowledgment block left entirely blank; Capital Bank did not sign on this form], to me known and known to me to be the person who executed the foregoing instrument as such officer, and he duly acknowledged before me that he executed the same freely and voluntarily as the act and deed of said corporation. WITNESS my hand... this ___ day of ___________, 19___. [unsigned]

STATE OF FLORIDA, COUNTY OF DADE, ss. BEFORE ME, the undersigned authority, personally appeared Thomas M. Wohl [typed], as President [typed] of HOME SAVINGS BANK, FSB, to me known and known to me to be the person who executed the foregoing instrument as such officer, and he duly acknowledged before me that he executed the same freely and voluntarily as the act and deed of said corporation.

WITNESS my hand and official seal in the County and State aforesaid, this 7 day of April, 1992. [signature] Wanda L. Foltz, Notary Public, State of Florida. My commission expires: "OFFICIAL NOTARY SEAL" WANDA L. FOLTZ, MY COMM. EXP. 7/26/92.

## PDF page 4 (OR 15469/3922) - First Amendment, duplicate signature page (Capital Bank counterpart)

A second copy of the First Amendment's page 2 (items 4 conclusion through 8 and the signature block), this counterpart executed by CAPITAL BANK: BY [signature] MICHAEL PAUL, SENIOR VICE PRESIDENT, witnessed by L[illegible] Lionelli and Delores Bruzzese [spelling approximate]. The Crescent Heights and Home Savings signature lines and the Crescent Heights acknowledgment block are blank on this counterpart.

## PDF page 5 (OR 15469/3923) - First Amendment, Capital Bank acknowledgment

STATE OF FLORIDA, COUNTY OF DADE, ss. BEFORE ME, the undersigned authority, personally appeared Michael Paul [handwritten], as Sr. Vice Pres. [handwritten] of CAPITAL BANK, to me known and known to me to be the person who executed the foregoing instrument as such officer, and he duly acknowledged before me that he executed the same freely and voluntarily as the act and deed of said corporation.

WITNESS my hand and official seal in the County and State aforesaid, this 8th [handwritten] day of April [handwritten], 1992 [handwritten]. [signature] Delores A. Bruzzese, Notary Public, State of Florida. My commission expires: OFFICIAL SEAL, DELORES A. BRUZZESE, MY COMMISSION EXPIRES OCTOBER 03, 1994, COMMISSION NO CC052186.

[Second acknowledgment block for HOME SAVINGS BANK, FSB on this counterpart left blank and unsigned.]

## PDF page 6 (OR 15469/3924) - General Information Concerning the Condominium, page 1 (fax header APR 03 '92 16:23 GREENSPOON, MARDER; file code 1970001D.CBL/km 3/18/92)

GENERAL INFORMATION CONCERNING THE CONDOMINIUM

1. Description of Condominium.

a. Introduction. The Developer pursuant to this Offering is CRESCENT HEIGHTS X, INC., a Florida corporation. It is specifically understood that this offering is limited to the Units contained herein and does not encompass any other property owned by the Developer. All references in this Offering to Developer shall be deemed to mean CRESCENT HEIGHTS X, INC., a Florida corporation.

b. Use of Property. Pursuant to this Offering, Condominium Units ("Units") shall be offered for transient as well as residential use.

c. Name. The name of this Condominium is CASTLE BEACH CLUB, A CONDOMINIUM, located at 5445 Collins Avenue, Miami Beach, Florida 33140.

d. Description of Condominium Property. The Condominium contains one (1) building located at 5445 Collins Avenue, Miami Beach, Florida. The building is seventeen (17) stories high, containing a total of five hundred seventy five (575) Units, of which five hundred thirty nine (539) Units are Residential Units and thirty three (36) [sic; printed "thirty three" over the numeral 36] Units are Commercial Units. Of the Residential Units, twenty (20) Units are One Bedroom/One Bathroom Units, fifteen (15) Units are One Bedroom/One and a Half Bathroom Units, seventeen (17) Units are One Bedroom/Two Bathroom Units, eight (8) Units are Two Bedroom/Two Bathroom Units, thirty seven (37) Units are Studio/One Bathroom Units, and four hundred forty two (442) Units are Hotel Room/One Bathroom Units. Of the Commercial Units, fourteen (14) are Cabana Units. Floor plans of the Units are attached as Schedule 9 of this Offering Plan. Dimensions set forth in said floor plans, however, are approximations only and subject to modification. The actual plans and specifications of the Condominium are available for inspection at the Developer's office upon request. For a more complete description of the number of Units and number of bedrooms and bathrooms in each Unit, please refer to Schedule "2" attached to this Prospectus.

Subject to the provisions of the Declaration of Condominium regarding the conversion of Residential Units to Commercial Units and vice versa, the maximum number of Units contained within this Condominium shall be five hundred thirty nine (539) Residential Units and thirty six (36) Commercial Units.

In the event of an amendment by the Developer to change the number of Units in accordance with Article 4.02 of the Declaration of Condominium, the foregoing information shall be deemed revised in accordance with such amendment.

e. Legal Description of Condominium/Survey, Plot Plan and Graphic Description of Improvements. The legal description of the Property to be submitted to a condominium form of ownership is attached as Exhibit "A" to the Declaration of Condominium. The Survey, Plot Plan and Graphic Description of Improvements are also attached as Exhibit "A" to the Declaration of Condominium.

f. Latest Estimated Date of Completion of Construction, Finishing and Equipping. The latest estimated date of completion for construction, finishing and equipping the Units and the Common Elements is June 30, 1992 for existing Units and Common Elements, and June 30, 1993 for new Units being constructed.

2. Maximum Number of Units That Will Use Facilities in Common with the Condominium.

As previously indicated, the maximum number of Units in this condominium is five hundred thirty nine (539) Residential Units and thirty six (36) Commercial Units.

## PDF page 7 (OR 15469/3925) - General Information, page vii (non-consecutive; the compilation jumps to the prospectus page numbered vii)

d. No telephone service is provided. Telephone service may be available through the front desk at the expense of the Unit Owner pursuant to an agreement to be entered into between the Association and the manager of the front desk. Alternatively, a Unit Owner may install a telephone in his Unit at his expense.

13. Explanation of Manner in Which the Common Expenses and Ownership of the Common Elements Has Been Determined.

Both the percentage of ownership of common elements and the common expenses were apportioned by grouping the Units into Types and allocating points to each Type as follows (the results are rounded off in order to make the total equal 100%) (The following sets forth the allocations in effect at the time that the Declaration of Condominium was originally recorded. In the event of an amendment by the Developer to change the number of Units in accordance with Article 4.02 of the Declaration of Condominium, the allocations shall be deemed to be adjusted accordingly.):

No. of Units / Type / Consisting Of Units:
- 4 / I / TS 1, 3, 5, 14
- 3 / II / TS 2, 4, 8
- 6 / III / TS 7, 10, M19, L8, BAY 8, BAY 22
- 4 / IV / M13, 20, 21, L4
- 11 / V / M14-M18, P4, L1, 5, 6, 7, TS 12
- 35 / VI / TS 6, 11, 13, TH 1-TH 17, P1, 2, 3, L3, P8, BAY 1-BAY 7, P5, 6, 7
- 26 / VII / M1-M12, L2, BAY 9 - BAY 21
- 443 / VIII / TS 9, 401-412, 414-435, 501-512, 514-535, 601-612, 614-635, 701-712, 714-735, 801-812, 814-835, 901-912, 914-935, 1001-1012, 1014-1035, 1101-1112, 1114-1135, 1201-1212, 1214-1235, 1401-1412, 1414-1435, 1501-1512, 1514-1535, PH1601-PH1612, PH1614-1635, PH1701-PH1712, PH1714-PH1735
- 7 / IX / BTH 1-7

Total: 539 Residential Units

Consisting of Commercial Units:
- 1 / X / CU1
- 2 / XI / CU2, CU3
- 1 / XII / CU5
- 1 / XIII / CU6
- 9 / XIV / CU7, CU8, CU9, CU10, CU11, CU12, CU14, CU15, CU20
- 1 / XV / CU4
- 2 / XVI / CU13, CU19
- 2 / XVII / CU16, CU17
- 1 / XVIII / CU18
- 1 / XIX / CU21
- 1 / XX / CU22
- 14 / XXI / CU23 - CU36

Total: 36 Commercial Units

The percentages for each Unit were arrived at as follows:

No. of Units / Type / Points / Total:
- 4 / I / 1,400 / 5,600
- 3 / II / 1,200 / 3,600
- 6 / III / 1,000 / 4,000 [printed; 6 x 1,000 = 6,000; as printed]
- 4 / IV / 900 / 5,400 [printed; 4 x 900 = 3,600; as printed]
- 11 / V / 800 / 8,800
- 35 / VI / 700 / 24,500
- 26 / VII / 600 / 15,600

## PDF page 8 (OR 15469/3926) - First Amendment Exhibit "A": revised Sheet 12 of 40 (Fourth Floor, south half)

Survey sheet (fax copy, APR 03 '92 16:27 GREENSPOON, MARDER, P.10/22). Same fourth-floor south-half layout as the original Sheet 12, revised so former Unit 434 is absorbed: east side now runs H.S. UNIT NO. 431 (39.50/30.60 x 13.20), 432 (30.60/32.60 x 13.30), 433 (31.60 x 13.20 extended south with jogs 12.81, 11.56, 5.11, 9.43, 5.40 into former 434 space), then H.S. UNIT NO. 435 (27.50 deep, enlarged, jogs 13.20, 7.20, 21.20), 401, 402, 403; west side unchanged (411, 410, 409, 408, 407, 406, 405 with L.C.E. balcony pods); center CU 14 room and elevator core. Legend: grid hatch Indicates Common Elements; diagonal hatch L.C.E. Indicates Limited Common Elements; H.S. Indicates Hotel Suite No. Note: "Revised: 3-4-92 to make Unit 434 a part of Units 433 & 435". Clerk note (stamped/handwritten): FOR DECLARATION OF CONDOMINIUM SEE OFFICIAL RECORD BK 15469 PG 3919. EXHIBIT "A". Zurwelle-Whittaker, Inc., October 19, 1991, Sheet 12 of 40.

## PDF page 9 (OR 15469/3927) - First Amendment Exhibit "B": revised Sheet 26 of 40 (Eleventh Floor, south half)

Survey sheet titled ELEVENTH FLOOR (left margin). Same south-half layout, revised so former Unit 1102 is absorbed: east side runs H.S. UNIT NO. 1131 (39.50/30.60 x 13.20), 1132 (30.60/32.60 x 13.30), 1133 (31.60/25.70 x 13.20), 1134 (25.50 x 13.20), 1135 (26.10/29.40 x 14.00), then H.S. UNIT NO. 1101 enlarged (29.40 x 13.50 plus an eastward extension with jogs 14.2, 13.42, 14.33, 13.15, 15.98, 6.72, 26.79 into former 1102 space) and H.S. UNIT NO. 1103 enlarged (29.40 x 13.65 plus jogs 9.25, 13.10, 16.75, 15.75); west side unchanged (1111, 1110, 1109, 1108, 1107, 1106, 1105 with L.C.E. pods); center CU 14 room with chase and elevator core; H.S. UNIT NO. 1104 at center-south (11.75/12.90 with standard small jogs). Legend: L.C.E. hatch, common-element grid hatch, H.S. Indicates Hotel Suite No. Note: "REVISED: 3-4-92 to make Unit 1102 a part of Units 1101 & 1103". EXHIBIT "B". Zurwelle-Whittaker, Inc., October 15, 1991, Sheet 26 of 40.

## PDF page 10 (OR 15469/3928) - Budget notes page (part of the First Amendment filing package)

[Mostly blank page carrying the tail of a budget schedule:]

** The Developer has replaced one central chiller at its expense.

NOTE 5: Pursuant to Section 718.116(8) (a) (2), the Developer has guaranteed that the Assessment for Common Expenses of the Condominium imposed on the Unit Owners will not increase over $1,325,000.00 and has obligated itself to pay any amount of Common Expenses incurred during that period and not produced by the Assessments at the guaranteed level receivable from other Unit Owners. The Budget guarantee appears in paragraph 14 under General Information in the Prospectus. The amount of the Budget guarantee for each Unit is the amount of the 1992 Budget for that Unit as set forth above.

NOTE 6: In the event of an amendment to the Declaration of Condominium by the Developer that changes the number of Units, the Budget shall be deemed to be adjusted accordingly.

## PDF page 11 (OR 15469/3929) - Unit floor plan, Schedule 9 Sheet 4 of 27 (revised)

Hand-drawn unit floor plan (fax copy): one-bath suite with LIVING RM. (14.00 x 18.0, overall depth 29.25), kitchenette wall with SINK (9.75), CL closets (5.00, 4.70), BATH RM (4.95 x 8.35, 5.10 jog), HALLWAY entry (3.30 door, 7.20/10.60 walls). North arrow.

UNIT NO. 535, 635, 735, 835, 935, 1035, 1135, 1235, 1435, 1535, 1635 & 1735.

Note: "Revised 3-4-92 to eleminate [sic] Unit 435". CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 4 of 27. [Initialed JDR.]

## PDF page 12 (OR 15469/3930) - Unit floor plan (fax P.14/22)

Hand-drawn unit floor plan: LIVING RM. (13.55 x 18.0, overall 29.40 with jogs 0.42, 2.10, 6.19), kitchenette with SINK (9.75 x 2.50/2.57), CL (5.50), BATH RM (4.92 x 8.40), CL (4.35, 5.10, with 0.87/1.67 fixture), HALLWAY entry at southeast. North arrow.

UNIT NO. 401 [handwritten addition], 501, 601, 701, 801, 901, 1001, 1201, 1401, 1501, 1601 & 1701. [No sheet number visible on this fax copy; companion to the Schedule 9 set.]

## PDF page 13 (OR 15469/3931) - Unit floor plan, Schedule 9 Sheets 5 and 6 of 27 (revised)

Top note: "Revised 3-4-92 to eleminate [sic] Unit 1101" [initialed], with the Sheet 5 of 27 title block (October 15, 1991).

Hand-drawn unit floor plan below (Sheet 6 content): LIVING RM. (12.70 wide, 16.70/25.50 depths, overall 29.40, 20.63 east wall), jogs 0.70, 3.67, 13.40 cross dimension; CL 3.25 x 2.50, CL 4.33, 3.25; BATH RM. 4.95 x 8.33; angled entry from HALLWAY.

UNIT NO. 402 [handwritten], 502, 602, 702, 802, 902, 1002, 1202, 1402, 1502, 1602 & 1702.

Bottom note: "Revised 3-4-92 to eleminate [sic] Unit 1102" [initialed]. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 6 of 27.

## PDF page 14 (OR 15469/3932) - Unit floor plan, Schedule 9 Sheet 13 of 27 (revised)

Hand-drawn unit floor plan: LIVING RM. (13.17 wide, depths 31.60/25.74), two closets (CL 4.60 x 5.00 and CL 2.80 x 5.00), BATH RM. (8.10 x 4.90) with SINK alcove (2.70), angled HALLWAY entry at southeast. North arrow.

UNIT NO. 533, 633, 733, 833, 933, 1033, 1133, 1233, 1433, 1533, 1633 & 1733.

Note: "Revised 3-4-92 to eleminate [sic] Unit 433" [initialed JDR]. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 13 of 27.

## PDF page 15 (OR 15469/3933) - Unit floor plan, Schedule 9 Sheet 14 of 27 (revised)

Hand-drawn unit floor plan: LIVING RM. (13.17 x 25.50, with 6.10/0.55/2.10 jogs at northwest), two closets (CL 3.95 x 2.0 and CL 4.95 x 2.0), BATH ROOM (9.22 x 4.90) over a CHASE strip, angled HALLWAY entry at southwest. North arrow.

UNIT NO. 534, 634, 734, 834, 934, 1034, 1134, 1234, 1434, 1534, 1634 & 1734.

Note: "Revised 3-4-92 to eleminate [sic] Unit 434" [initialed JDR]. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 14 of 27.

## PDF page 16 (OR 15469/3934) - Unit floor plan, Schedule 9 Sheet 27 of 27 (revised)

Hand-drawn unit floor plan: LIVING RM. (13.67 x 18.30, overall 29.40, east wall 16.47), kitchenette with SINK (4.31 x 2.56), CL 5.89/4.88 (2.42 deep), CL 3.92 x 5.19, BATH RM. (8.47 deep) along a CHASE strip, HALLWAY entry at south; west-wall jogs 4.33, 3.33. North arrow.

UNIT NO. 403 [handwritten], 503, 603, 703, 803, 903, 1003, 1203, 1403, 1503, 1603 & 1703.

Note: "Revised 3-4-92 to eleminate [sic] Unit 1103" [initialed JDR]. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 27 of 27.

## PDF page 17 (OR 15469/3935) - New floor plan, Sheet 27 A of 27: enlarged UNIT 433

Drafted floor plan of the enlarged UNIT 433 (absorbing half of former 434): Bedroom (12.71 x 11.66), Closet (8.02 x 1.90/2.35), Living Room (11.92 wall, connecting walls 13.60), Dining Room (12.81 x 5.12), Kitchen (9.12 x 7.07), Bathroom (8.09 x 4.92), Bar (2.06), angled wall 3.35/3.61, opening 3.50. Scale bar 0-10. North arrow.

CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc. 3-4-92. Sheet 27 A of 27. [Initialed JDR.]

## PDF page 18 (OR 15469/3936) - New floor plan, Sheet 27 B of 27: enlarged UNIT 435

Drafted floor plan of the enlarged UNIT 435 (absorbing the other half of former 434): Bedroom (13.13 x 11.56), Living Room (13.13 x 8.79), Dining Room (13.96 x 8.60), Kitchen (8.50, south wall 15.73, jog 3.39), Closet (4.91 x 4.67), Bathroom (4.91 x 8.40), closet nook 2.05/10.2C [small print]. Scale bar 0-10.

UNIT 435. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc. 3-4-92. Sheet 27 B of 27. [Initialed JDR.]

## PDF page 19 (OR 15469/3937) - New floor plan, Sheet 27 C of 27: enlarged UNIT NO. 1101

Drafted floor plan of the enlarged UNIT NO. 1101 (absorbing half of former 1102): Bedroom (13.50 x 13.50), Living Room (21.64 east wall, 6.72 south opening, 1.22 jog), Kitchen (8.50), Bathroom (8.38 x 6.90), Closet 6.50, Closet 4.28, small Closet 1.48, Bar 3.74. Scale bar 0-15 ft. North arrow.

CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc. 3-4-92. Sheet 27 C of 27. [Initialed JDR.]

## PDF page 20 (OR 15469/3938) - New floor plan, Sheet 27 D of 27: enlarged UNIT 1103 (end of First Amendment)

Drafted floor plan of the enlarged UNIT 1103 (absorbing the other half of former 1102): Bedroom (12.72 x 13.42, Closet 7.28 with 1.95 jog), Living Room (13.64, north wall 29.52), Kitchen (7.66), Bathroom (8.43 x 4.88), closet C (2.67 x 3.16). Scale bar 0-15 ft. North arrow.

CLERK NOTE: "FOR CONDOMINIUM PLANS SEE OFFICIAL RECORDS CONDOMINIUM PLANS BK. 230 PAGE 7. CLERK, CIRCUIT & COUNTY COURTS. BY [signature], D.C." Stamp: RECORDED IN OFFICIAL RECORDS BOOK OF DADE COUNTY, FLORIDA. RECORD VERIFIED. Clerk of Circuit & County Courts.

CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc. 3-4-92. Sheet 27 D of 27. [Initialed JDR.] [End of the First Amendment package.]

## PDF page 21 (OR 15842/2255) - Second Amendment, page 1

Clerk stamp: 93R125807, 1993 MAR 12 08:32. File code: 1970001.Q/csl/km, 3/1/93.

THIS INSTRUMENT PREPARED BY: LEONARD LUBART, ESQUIRE, GREENSPOON, MARDER, HIRSCHFELD & RAFKIN, P.A., Trade Centre South, Suite 700, 100 West Cypress Creek Road, Fort Lauderdale, Florida 33309

SECOND AMENDMENT TO DECLARATION OF CONDOMINIUM ESTABLISHING CASTLE BEACH CLUB, A CONDOMINIUM

WHEREAS, the Declaration of Condominium establishing Castle Beach Club, a Condominium, was recorded on November 16, 1991, in Official Records Book 15285, at Page 1869, of the Public Records of Dade County, Florida (the "Declaration"); and,

WHEREAS, the Developer is the owner of Units CU-2, L-7, and L-8, and,

WHEREAS, Article 4.02 of the Declaration provides as follows:

[Quoted text of 4.02 in full, verbatim as in the Declaration.]

NOW, THEREFORE, the Declaration is amended as follows:

1. Units L-7 and L-8 are eliminated. Units CU-2 is enlarged to encompass former Units L-7 and L-8. Unit CU-2A is created out of a portion of Unit CU-2. All of the foregoing is as shown on Exhibit "A" attached hereto which replaces Sheet 8 of 40 in the Declaration.

2. The undivided share in the Common Expenses and the percentage of sharing Common Expenses and owning Common Surplus for Unit CU-2 shall now be equal to .014610 [typed into blank] percentage and Unit CU-2A shall now be equal to .000006 [typed into blank] percentage. Units CU-2 and CU-2A shall each have one (1) vote each.

3. Exhibit "B" to the Declaration is deemed to be revised in accordance with Exhibit "A" attached to this Amendment.

## PDF page 22 (OR 15842/2256) - Second Amendment, page 2

4. By countersigning below, CAPITAL BANK [second line blank] consent to the terms and provisions of this First [sic; so printed] Amendment to Declaration.

IN WITNESS WHEREOF, the Developer has caused these presents to be signed in its name and on its behalf by the appropriate individuals on this 10th [handwritten] day of March [handwritten], 1993.

Signed, Sealed and Delivered in the Presence of: [witnesses] Louis Zaretsky; Elizabeth Urquiza [spelling approximate]; Lourdes Sanchez; Angelia Fu[illegible]; Rebecca Mulkes [spelling approximate]

CRESCENT HEIGHTS X, INC., a Florida corporation. BY: [signature] SHLOMO DACHOH, Vice President [handwritten title]

CAPITAL BANK. BY: [signature] Michael Paul, Senior Vice President [handwritten]

STATE OF FLORIDA, COUNTY OF DADE, ss. BEFORE ME... personally appeared SHLOMO DACHOH [handwritten], as V. President [handwritten] of CRESCENT HEIGHTS X, INC., a Florida corporation... ["personally known" handwritten]. WITNESS my hand... this 10th day of March, 1993. [signature] Notary Public, State of Florida. Stamps: LOUIS ZARETSKY, MY COMMISSION # AA 710596, EXPIRES: September 26, 1993, Bonded Thru Notary Public Underwriters.

STATE OF FLORIDA, COUNTY OF DADE, ss. BEFORE ME... personally appeared Michael Paul [handwritten], as Senior V.P. [handwritten] of CAPITAL BANK... ["personally known" handwritten]. WITNESS my hand... this 10 day of March, 1993. [signature] Delores A. Bruzzese, Notary Public, State of Florida. Seal: OFFICIAL SEAL, DELORES A. BRUZZESE, MY COMMISSION EXPIRES OCTOBER 03, 1994, COMMISSION NO. CC052186.

## PDF page 23 (OR 15842/2257) - Second Amendment Exhibit "A": revised Sheet 8 of 40 (Lobby Floor)

Revised LOBBY FLOOR survey sheet (rotated in scan). Shows CU-1 and the enlarged CU-2 (now including the oval south-end area where former L-7 and L-8 were), the new CU-2A (small unit near the curve), CU-14, CU-15, BAY-1 through BAY-7 on the west, TH-1 through TH-17 row on the east with L.C.E. balconies, P-1 through P-4 footprints southeast, L-1 through L-6 remaining around the curve, hatched common-element lobby and L.C.E. areas. Notes: "TH UNITS 1 THRU 17 INCLUSIVE ARE IN PLACE (INTERIORS TO BE CONSTRUCTED). P UNITS 1 THRU 4 INCLUSIVE, L UNITS 1 THRU 6 INCLUSIVE AND BAY UNITS 1 THRU 6 INCLUSIVE ARE TO BE CONSTRUCTED AS SHOWN HEREON. C U INDICATES COMMERCIAL UNITS. L.C.E. INDICATES A LIMITED COMMON ELEMENT. C E INDICATES A COMMON ELEMENT." Margin notes: "C U Units 2 & 2 A Revised: 3-11-93"; "Proposed Unit L 7 & L 8 ARE eliminated" [partly handwritten]. Clerk note: FOR DECLARATION OF CONDOMINIUM SEE OFFICIAL RECORD BK 15842 PG 2255. Scale in feet; north arrow. Zurwelle-Whittaker, Inc., October 15, 1991, Sheet 8 of 40. [Surveyor's embossed seal and signature.]

## PDF page 24 (OR 15842/2258) - Second Amendment, closing clerk page

[Otherwise blank page.] Stamp: RECORDED IN OFFICIAL RECORDS BOOK OF DADE COUNTY, FLORIDA. RECORD VERIFIED. HARVEY RUVIN, CLERK CIRCUIT COURT.

CLERK NOTE: FOR CONDOMINIUM PLANS SEE OFFICIAL RECORDS CONDOMINIUM PLANS BK. 254 PAGE 15. HARVEY RUVIN, CLERK, CIRCUIT & COUNTY COURTS. BY [signature], D.C. [End of the Second Amendment package.]

## PDF page 25 (OR 15842/2259) - Third Amendment, page 1

Clerk stamp: 93R125808, 1993 MAR 12 08:32 (recorded the same morning as the Second Amendment). File code: 1970001w.CSL/km, 3/1/93. Same preparer block (Leonard Lubart, Greenspoon, Marder, Hirschfeld & Rafkin, P.A.).

THIRD AMENDMENT TO DECLARATION OF CONDOMINIUM ESTABLISHING CASTLE BEACH CLUB, A CONDOMINIUM

WHEREAS, the Declaration of Condominium establishing Castle Beach Club, a Condominium, was recorded on November 16, 1991, in Official Records Book 15285, at Page 1869, of the Public Records of Dade County, Florida (the "Declaration"); and,

WHEREAS, Article 9.02 of the Declaration provides as follows:

[Quoted text of 9.02 in full, verbatim as in the Declaration, both paragraphs.]

WHEREAS, Article 9.02 of the Declaration permits such an amendment to change a Common Element to a Limited Common Element; and,

WHEREAS, at this time, the Developer is entitled to appoint a marjority [sic] of the Board of Developers [sic]; and

WHEREAS, the Association desires to change a Common Element to a Limited Common Element as set forth on the Exhibits attached hereto.

1. A Limited Common Element for Commercial Unit 19 is hereby created as set forth on revised Sheets 1 and 5 of 40, attached hereto as part of Exhibit "A".

2. A Limited Common Element for Unit 622 and Unit 623 is hereby created as set forth on Revised Sheets 2 and 8 of 40, attached hereto as part of Exhibit "A".

3. Exhibit "B" to the Declaration is deemed to be revised in accordance with Exhibit "A" attached to this Amendment.

NOW, THEREFORE, the Declaration is amended as follows: [continues on next page]

## PDF page 26 (OR 15842/2260) - Third Amendment, page 2 (execution)

IN WITNESS WHEREOF, the Association has caused these presents to be signed in its name and on its behalf by the appropriate individuals on this 9 [handwritten] day of March [handwritten], 1993 [year altered by hand].

Signed, Sealed and Delivered in the Presence of: [witnesses] Felipe Savoury [spelling approximate]; John A. Ritter

THE [handwritten insertion] CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC., a Florida corporation not-for-profit. BY: [signature]. ATTEST: [signature] Edward Paul. [Corp. Seal noted.]

STATE OF FLORIDA, COUNTY OF DADE, SS. The foregoing instrument was acknowledged before me this 9 day of March, 1993 [handwritten], by ROY MATHEIS and EDWARD PAUL [handwritten], as President and Secretary [handwritten], respectively, of THE CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC., a Florida corporation not-for-profit, on behalf of the corporation. They are personally known to me [the "or have produced ___ as a type of identification" and "did/did not" alternatives struck through] and who did take an oath.

[signature] John A. Ritter. Print Name: JOHN A RITTER [handwritten]. Notary Public, State of: FLA [handwritten]. Serial Number, if any: [blank]. My commission expires: [stamp] JOHN A. RITTER, MY COMMISSION # CC 222808, EXPIRES: September 19, 1996, Bonded Thru Notary Public Underwriters. [Second copy of the same stamp, inverted.]

## PDF page 27 (OR 15842/2261) - Third Amendment Exhibit "A": revised Sheet 1 of 40 (Site Plan)

Revised SITE PLAN (rotated in scan). Notes: cross-hatch "INDICATES CABANA UNITS AND TOWNHOUSE UNITS"; "C U 19 INDICATES COMMERCIAL UNIT 19"; "ALL ITEMS SHOWN ON THIS SHEET ARE COMMON ELEMENTS UNLESS INDICATED OTHERWISE"; "2-16-93 LIMITED COMMON ELEMENT (L.C.E.) ADDED FOR UNIT C U 19".

Content: same site plan as the original Sheet 1 (Collins Avenue, property lines, pool, loggia, planters, National Flood Insurance Program table, location sketch of re-aligned Collins Avenue, erosion control line, Atlantic Ocean, grass areas) now showing an L.C.E. area beside CU-19 at the pool (annotations "CU 19", "L.C.E. FOR CU 19"). Clerk note: FOR DECLARATION OF CONDOMINIUM SEE OFFICIAL RECORD BK 15842 PG 2259. "Revised 2-16-93". Zurwelle-Whittaker, Inc., October 15, 1991, Sheet 1 of 40. [Embossed seal and signature.]

## PDF page 28 (OR 15842/2262) - Third Amendment Exhibit "A": revised Sheet 5 of 40 (Lower Lobby Floor)

Revised LOWER LOBBY FLOOR survey sheet (rotated in scan). Notes: "TH UNITS 1 THRU 17 ARE IN PLACE, INTERIORS TO BE CONSTRUCTED. P UNITS 5 THRU 8 ARE TO BE CONSTRUCTED." Margin note: "Commercial Unit 19 (C U 19) Revised 2-15-93 to add L.C.E."

Content: same lower-lobby layout as the original Sheet 5 (CU-1, CU-2, CU-3 with CU-18 circle, CU-4, CU-5, CU-6, CU-7, CU-8, CU-9, CU-10, CU-11, CU-12, CU-13, CU-15, CU-16, CU-17, CU-20, CU-21, CU-22, mechanical & electrical L.C.E. rooms, TH-1 through TH-17 row with the large diagonal-hatched L.C.E. patio strip and PRIVATE PATIO label, P-unit footprints), now with CU-19 at the south end carrying an added L.C.E. area (pool/whirlpool outline annotated, "Revised ... to add L.C.E."). Legend: C U INDICATES COMMERCIAL UNITS; diagonal hatch L.C.E. INDICATES LIMITED COMMON ELEMENTS; grid hatch INDICATES COMMON ELEMENTS. Scale in feet; north arrow. Zurwelle-Whittaker, Inc., October 15, 1991, Sheet 5 of 40. [Embossed seal and signature.]

## PDF page 29 (OR 15842/2263) - Third Amendment Exhibit "A": revised Sheet 2 of 40 (Site Plan continued)

Revised second site-plan sheet (rotated in scan). NOTES: "ALL ITEMS SHOWN HEREON ARE COMMON ELEMENTS, EXCEPTING THEREFROM THE LIMITED COMMON ELEMENTS (L.C.E.) FOR THE T H UNITS, THE P UNITS AND THE BTH UNITS; ALSO UNITS 622 & 623."

Content: same Sheet 2 site plan (Collins Avenue frontage, concrete drives, coastal construction control line, lots 235-238, tower footprint "17 FLOORS AND PENTHOUSE STRUCTURAL CONC. & C.B.S. BLDG. NO. 5445 COLLINS AVE.", L.C.E. BALCONIES FOR UNITS M-1 THRU M-12, L.C.E. FOR THE P UNITS, BTH units, loggia, erosion control line, mean high water, green area, vicinity sketch), now annotated "L.C.E. FOR UNITS 622 & 623" (an area on the building's east side, approx. 28.0 x 48.4 per the dimension chains). Margin note: "Revised 4-22-92 to shown [sic] limited Common Elements for Units 622 and 623". THE CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc., October 15, 1991, Sheet 2 of 40. [Embossed seal and signature.]

## PDF page 30 (OR 15842/2264) - Third Amendment Exhibit "A": revised Sheet 8 of 40 (Lobby Floor, second revised copy)

Another copy of the revised LOBBY FLOOR sheet (same content as PDF page 23 / OR 15842/2257): CU-1, enlarged CU-2 with CU-2A, BAY-1 through BAY-7, CU-14, CU-15, TH-1 through TH-17 with balcony L.C.E.s, P-1 through P-4, L.C.E. areas, lobby common elements. Notes as before ("TH UNITS 1 THRU 17 INCLUSIVE ARE IN PLACE (INTERIORS TO BE CONSTRUCTED); P UNITS 1 THRU 4 INCLUSIVE, L UNITS 1 THRU 6 INCLUSIVE AND BAY UNITS 1 THRU 6 INCLUSIVE ARE TO BE CONSTRUCTED AS SHOWN HEREON"; C U / L.C.E. / C E legend). Margin notes: "C U Units 2 & 2 A Revised: 3-11-93"; "Proposed Unit L 7 & L 8 ARE eliminated". Zurwelle-Whittaker, Inc., October 15, 1991, Sheet 8 of 40. [Embossed seal and signature.]

## PDF page 31 (OR 15842/2265) - Third Amendment, closing clerk page

[Otherwise blank page.] Stamp: RECORDED IN OFFICIAL RECORDS BOOK OF DADE COUNTY, FLORIDA. RECORD VERIFIED. HARVEY RUVIN, CLERK CIRCUIT COURT.

CLERK NOTE: FOR CONDOMINIUM PLANS SEE OFFICIAL RECORDS CONDOMINIUM PLANS BK. 254 PAGE 16. HARVEY RUVIN, CLERK, CIRCUIT & COUNTY COURTS. BY [signature], D.C. [End of the Third Amendment package.]

## PDF page 32 (OR 16174/0235) - Fourth Amendment, page 1

Clerk stamp: 93R619867, 1993 DEC 16 14:50. File code: 1970001X.CSL/km, 11/22/93. Same preparer block (Leonard Lubart, Greenspoon, Marder, Hirschfeld & Rafkin, P.A.).

FOURTH AMENDMENT TO DECLARATION OF CONDOMINIUM ESTABLISHING CASTLE BEACH CLUB, A CONDOMINIUM

WHEREAS, the Declaration of Condominium establishing Castle Beach Club, a Condominium, was recorded on November 16, 1991, in Official Records Book 15285, at Page 1869, of the Public Records of Dade County, Florida (the "Declaration"); and,

WHEREAS, the Declaration was amended by First Amendment to Declaration of Condominium recorded on April 13, 1992, in Official Records Book 15469, at Page 3919 ("First Amendment"), and by Second Amendment to Declaration of Condominium recorded on March 12, 1993, in Official Records Book 15842, at Page 2255 ("Second Amendment"), and by Third Amendment to Declaration of Condominium recorded on March 12, 1993, in Official Records Book 15842, at Page 2259 ("Third Amendment"), all of the Public Records of Dade County, Florida; and,

WHEREAS, Article 9.02 of the Declaration provides as follows:

[Quoted text of 9.02 in full, both paragraphs, verbatim as in the Declaration.]

WHEREAS, at this time, the Developer is entitled to appoint a majority of the Board of Developers [sic]; and,

WHEREAS, the Association desires to amend the Declaration to provide for changes in the configuration of various Units, Common Elements and Limited Common Elements and as otherwise set forth below.

NOW, THEREFORE, the Declaration is amended as follows:

1. Exhibit "A" to the Declaration, as amended by the First Amendment, Second Amendment and Third Amendment, is deleted in its entirety and replaced with Exhibit "A" attached hereto.

## PDF page 33 (OR 16174/0236) - Fourth Amendment, page 2

2. Exhibit "B" to the Declaration, as amended by the First Amendment, Second Amendment and Third Amendment, is deleted in its entirety and replaced with Exhibit "B" attached hereto.

3. Article XIII of the Declaration is amended to add the following paragraph 13.04 thereto:

13.04 The Owner of Unit P-4 shall have the right to transfer all or any portion of the Limited Common Elements to Unit P-4, as shown on Sheet 9 of 42 of Exhibit "A", to any other Unit Owner. In order for such a transfer to be effective, the notice of transfer shall be provided to the Association. Any transferee shall have the right to further transfer all or any portion of the Limited Common Elements to Unit P-4 in accord with this paragraph.

IN WITNESS WHEREOF, the Association has caused these presents to be signed in its name and on its behalf by the appropriate individuals on this 15 [handwritten] day of December [handwritten], 1993 [year altered by hand].

Signed, Sealed and Delivered in the Presence of: [witness signature] Hilda Hernandez

CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC., a Florida corporation not-for-profit. BY: [signature] Roy Matheis, President [handwritten]. ATTEST: [blank]

STATE OF FLORIDA, COUNTY OF DADE, SS. The foregoing instrument was acknowledged before me this 15 day of December, 1993 [handwritten], by Roy Matheis [handwritten] and [blank], as President [handwritten] and [blank], respectively, of CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC., a Florida corporation not-for-profit, on behalf of the corporation. They are personally known [circled] to me or have produced [blank] as a type of identification and who did/did not take an oath.

[signature]. Print Name / Notary Public, State of / Serial Number, if any: [blank]. My commission expires: [stamp] OFFICIAL NOTARY SEAL, HILDA HERNANDEZ, NOTARY PUBLIC STATE OF FLORIDA, COMMISSION NO. CC206883, MY COMMISSION EXP. JULY 23, 1996.

## PDF page 34 (OR 16174/0237) - Fourth Amendment Exhibit "A", Sheet 3 of 42: Legal Description and Surveyor's Certificate

"THIS IS A SKETCH OF AN AS-BUILT SURVEY OF:" followed by the same legal description as the original Exhibit A Sheet 2A (Lots 233-237, Amended First Ocean Front Subdivision, PB 9/78; erosion control line PB 105/62; westerly parcel bounded by the realigned Collins Avenue right-of-way, with the identical metes-and-bounds description; 172,547 sq ft / 3.96 acres more or less) and the same SURVEYORS CERTIFICATE text (472.027 / 21HH-6 minimum technical standards; embossed-seal validity clause). ORDER NO. 78274-91. Zurwelle-Whittaker, Inc. By: [signature] James D. Reeves, President, P.L.S. no. 2194, Florida.

New NOTES block:
1- The pipes shown on the property corners have a P.L.S. plug No. 2194 inserted in the top of each.
2- The North Arrow, Bearings and Coordinates used hereon are referenced to those on the Erosion Control Line of the Atlantic Ocean, said Line recorded in Plat Book 105, at page 62 of the public records of Dade County, Florida.
3- The Coastal Construction Control Line shown hereon was filed for record on February 10, 1982 in the public records of Dade County, Florida.
4- The Elevation (EL.) information shown hereon is referenced to 0.00 feet, Mean Sea Level, N.G.V.D.

CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 3 of 4[2]. "Rev. Oct. 8, 1993 as to Sheet No." [Embossed seal and signature. The Fourth Amendment replaces Exhibit A with a renumbered 42-sheet set.]

## PDF page 35 (OR 16174/0238) - Fourth Amendment replacement Exhibit "B", page 1

File code: 1970001M.CSL/km, 11/22/93. CASTLE BEACH CLUB, A CONDOMINIUM. UNIT OWNER UNDIVIDED SHARE IN THE COMMON ELEMENTS AND PERCENTAGE OF SHARING COMMON EXPENSES AND OWNING COMMON SURPLUS.

Both the percentage of ownership of common elements and the common expenses were apportioned by grouping the Units into Types and allocating points to each Type as follows (the results are rounded off in order to make the total equal 100%):

No. of Units / Type / Consisting Of Units:
- 4 / I / TS 1, 3, 5, 15
- 3 / II / TS 2, 4, 8
- 6 / III / TS 7, 10, M19, L8, BAY 7A, BAY 22
- 4 / IV / M13, 20, 21, L4
- 11 / V / M14-M18, P4, L1, 5, 6, 7, TS 12
- 35 / VI / TS 6, 11, 14, TH 1-TH 17, P1, 2, 3, L3, P8, BAY 1-BAY 7, P5, 6, 7
- 26 / VII / M1-M12, L2, BAY 9 - BAY 21
- 443 / VIII / TS 9, 401-412, 414-435, 501-512, 514-535, 601-612, 614-635, 701-712, 714-735, 801-812, 814-835, 901-912, 914-935, 1001-1012, 1014-1035, 1101-1112, 1114-1135, 1201-1212, 1214-1235, 1401-1412, 1414-1435, 1501-1512, 1514-1535, 1601-1612, 1614-1635, 1701-1712, 1714-1735
- 7 / IX / BTH 1-7

Total: 539 Residential Units

Consisting of Commercial Units:
- 1 / X / CU1
- 2 / XI / CU2, CU3
- 1 / XII / CU5
- 1 / XIII / CU6
- 9 / XIV / CU7, CU8, CU9, CU10, CU11, CU12, CU14, CU15, CU20
- 1 / XV / CU4
- 2 / XVI / CU13, CU19
- 2 / XVII / CU16, CU17
- 1 / XVIII / CU18
- 1 / XIX / CU21
- 1 / XX / CU22
- 14 / XXI / CU23 - CU36

Total: 36 Commercial Units

The percentages for each Unit were arrived at as follows (No. of Units / Type / Points / Total):
4 / I / 1,400 / 5,600; 3 / II / 1,200 / 3,600; 6 / III / 1,000 / 4,000; 4 / IV / 900 / 5,400; 11 / V / 800 / 8,800; 35 / VI / 700 / 24,500; 26 / VII / 600 / 15,600; 443 / VIII / 400 / 177,200; 7 / IX / 300 / 2,100.

539 Residential Units ... 246,800. 1 / X / 3,000 / 3,000 [continues on next page]. EXHIBIT "B".

[Changes vs. the original 1991 Exhibit B composition: Type I now TS 15 in place of TS 14; Type III now BAY 7A in place of BAY 8; Type VI now includes TS 14 in place of TS 13; Type VIII drops the PH prefix on the 16xx/17xx floors; Type XVI unchanged in membership (CU13, CU19).]

## PDF page 36 (OR 16174/0239) - Fourth Amendment Exhibit "B", page 2

[Points table, commercial types continued:] 2 / XI / 2,000 / 4,000; 1 / XII / 1,505 / 1,505; 1 / XIII / 200 / 200; 9 / XIV / 155 / 1,395; 1 / XV / 525 / 525; 2 / XVI / 150 / 300; 2 / XVII / 100 / 200; 1 / XVIII / 75 / 75; 1 / XIX / 60 / 60; 1 / XX / 50 / 50; 14 / XXI / 120 / 1,680.

36 Commercial Units ... 12,990. TOTAL ALL UNITS: 259,790.

The percentages allotted to each Unit Type are as follows (No. of Units / Type / Percent):
4 / I / .021540; 3 / II / .013848; 6 / III / .023076; 4 / IV / .013848; 11 / V / .033847; 35 / VI / .094220; 26 / VII / .060008; 443 / VIII / .681777; 7 / IX / .008078; 1 / X / .011539; 2 / XI / .015386; 1 / XII / .005578; 1 / XIII / .000769; 9 / XIV / .005364; 1 / XV / .002019; 2 / XVI / .001154; 2 / XVII / .000770; 1 / XVIII / .000288; 1 / XIX / .000231; 1 / XX / .000192; 14 / XXI / .006468.

The percentages allotted to each single unit are as follows:
Unit Type I .005385; II .004616; III .003846; IV .003462; V .003077; VI .002692; VII .002308; VIII .001539; IX .001154; X .011539; XI .007693; XII .005578; XIII .000769; XIV .000596; XV .002019; XVI .000577; XVII .000385; XVIII .000288; XIX .000231; XX .000192; XXI .000462.

## PDF page 37 (OR 16174/0240) - Fourth Amendment Exhibit "A", Sheet 1 of 42: Site Plan

Replacement SITE PLAN (rotated in scan), carrying forward the Third Amendment's notes: "INDICATES CABANA UNITS AND TOWNHOUSE UNITS"; "C U 19 INDICATES COMMERCIAL UNIT 19"; "ALL ITEMS SHOWN ON THIS SHEET ARE COMMON ELEMENTS UNLESS INDICATED OTHERWISE"; "2-16-93 LIMITED COMMON ELEMENT (L.C.E.) ADDED FOR UNIT C U 19". Clerk note (handwritten): FOR DECLARATION OF CONDOMINIUM SEE OFFICIAL RECORD BK 16174 PG 235.

Content: the familiar site plan (Collins Avenue, flood insurance table, location sketch, pool, loggia, planters, erosion control line, Atlantic Ocean) with new annotations: "SEE SHEET 1-A FOR DETAILS ON DECK" (pool deck area) and an "LCE B.T.H" block at the south loggia labeled "ROOF BEACH TOWN HOUSE UNITS" (dimensions 75.60, 43.60, 110.96). "Revised 2-16-93". Zurwelle-Whittaker, Inc., October 15, 1991, Sheet 1 of 42. [Embossed seal and signature.]

## PDF page 38 (OR 16174/0241) - Fourth Amendment Exhibit "A", Sheet 1-A of 42: Pool Deck Detail

New detail sheet (rotated in scan), dated 11-10-93. Notes: "All items shown hereon are Common Elements, except for the C U (Commercial Unit) or unless indicated otherwise"; "NOTE: MEN'S & WOMAN'S BATH ARE COMMON ELEMENTS"; "CU 19 CONTAINS 9570 SQ FEET".

Content: POOL DECK detail: TENNIS COURT (102.25 x 49.50), CHILDREN'S POOL, EXISTING POOL (80.60), POOL DECK, WOOD DECK with circular feature, CU-19 building detail (37.50 x 31.45, BAR, BAR & SEATING, interior partitions 27.20, 13.75 noted), planter rows with diamond markers, south property line, existing cabanas/loggia hatched at southwest. Scale in feet; north arrow. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc. Sheet 1-A of 42, 11-10-93. [Embossed seal and signature.]

## PDF page 39 (OR 16174/0242) - Fourth Amendment Exhibit "A", Sheet 2 of 42: Site Plan (continued)

Replacement Sheet 2 (rotated in scan), same content as the Third Amendment's revised Sheet 2 (NOTES: all items common elements excepting the L.C.E. for the TH units, the P units and the BTH units; ALSO UNITS 622 & 623; tower footprint, L.C.E. balconies for units M-1 thru M-12, L.C.E. for units 622 & 623 at 28.0 x 48.4, coastal construction control line, erosion control line, vicinity sketch), with the former "L.C.E. FOR THE P UNITS" area now relabeled "L.C.E. FOR TOWNHOUSE UNITS". Margin note: "Revised 4-22-92 to shown [sic] limited Common Elements for Units 622 and 623". THE CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc., October 15, 1991, Sheet 2 of 42. [Embossed seal and signature.]

## PDF page 40 (OR 16174/0243) - Fourth Amendment Exhibit "A", Sheet 4 of 42: Surveyor's 718.105 Certificate and Notes

SURVEYORS CERTIFICATE: WE HEREBY CERTIFY: that on this 15th day of October, 1991, this Certification is made, pursuant to the provisions of Section 718.105, Florida Statutes; that the construction of the improvements is substantially complete, so that the material, together with the provisions of the Declaration describing the Condominium Property, is an accurate representation of the location and dimensions of the improvements and proposed improvements, so that the identification, location and dimensions of the Common Elements and of each Unit can be determined from these materials.

Zurwelle-Whittaker, Inc. By: [signature] James D. Reeves, President, P.L.S. No. 2194, Florida.

NOTES: [same five notes as the original Sheet 3: unit boundary at interior unfinished surfaces with bearing walls common; all lands/portions outside unit boundaries are CE or L.C.E. as indicated; Common Elements include chases through each Unit for electric conduit, plumbing pipes, duct telephone lines and other utility facilities; all balconies attached to Units are L.C.E. limited to their Unit; all unit dimensions are to interior unfinished surfaces and may vary slightly.]

CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc., Phone 534-4668. October 15, 1991. Sheet 4 of 42. "Rev. Oct. 8, 1993 as to Sheet No." [Embossed seal and signature.]

## PDF page 41 (OR 16174/0244) - Fourth Amendment Exhibit "A", Sheet 5 of 42: Basement Garage Floor Plan

Replacement BASEMENT GARAGE FLOOR PLAN (rotated in scan; formerly Sheet 4 of 40). Legend: "C U INDICATES COMMERCIAL UNITS"; grid hatch "INDICATES COMMON ELEMENTS". Content as before: hatched common-element garage (parking rows, ramps, drive aisles) with CU 14 storage rooms and CU-1 (spiral ramp annotation) at the north end; dimension chains in small print. Scale in feet; north arrow. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 5 of 42, "REV. 10-8-93 AS TO SHEET No." [handwritten]. [Embossed seal and signature.]

## PDF page 42 (OR 16174/0245) - Fourth Amendment Exhibit "A", Sheet 6 of 42: Lower Lobby Floor

Replacement LOWER LOBBY FLOOR sheet (rotated in scan; formerly Sheet 5 of 40; fax footer 12/08/93). Notes: "REV. 11-10-93"; "REV. 10-8-93 as to Sheet No."; "Commercial Unit 19 (C U 19) Revised 2-15-93 to add L.C.E."; "REVISED TH: 5-5-93".

Content: lower-lobby plan with CU-1, CU-2, CU-3 (with CU-18 circle), CU-4, CU-5, CU-6, CU-7, CU-8, CU-9, CU-10, CU-11, CU-12, CU-13, CU-15, CU-16, CU-17, CU-20, CU-21, CU-22, mechanical & electrical L.C.E., TH-1 through TH-17 column (12.6 modules) backed by the large diagonal-hatched L.C.E. patio strip, and the P units now drawn individually: P-5 (52.50 x 17.50), P-6 (57.70 x 18.10), P-7 (57.70 x 18.10), P-8 (52.50 x 18.80), with "BTH 7 SEE SHEET 7" note and an inset "P-5 THRU P-8 2ND FLOOR" detail (P-5 45.20, P-6 50.20, P-7 50.20, P-8 47.30, balconies 2.0-3.5). Legend: C U commercial, L.C.E. hatch, common-element grid. Scale in feet; north arrow. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 6 of 42.

## PDF page 43 (OR 16174/0246) - Fourth Amendment Exhibit "A", Sheet 7 of 42: First Floor Beach Townhouse Units

New sheet, dated 11-10-93 (rotated in scan). Title: FIRST FLOOR BEACH TOWNHOUSE UNITS. Note: "All items shown hereon are Common Elements, excepting therefrom the Terraces which are Limited Common Elements (L.C.E.) and the Condominium Units."

Content: BTH 1 (42.00 x 17.50) through BTH 5 (42.00 x 12.50; BTH 2-4 at 12.33 wide), BTH 6 (44.00/26.50 x 12.50) and BTH 7 (irregular: 35.50, 21.90, 17.50, 12.20, 9.50, 17.10, 6.10, 5.80 jogs), each with a TERRACE L.C.E. strip (approx. 9.80 x 3.0, with planters) on the pool-deck side, and wood decks with steps along the west. POOL DECK to the east; PLANTER strip north. Scale in feet; north arrow. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc. Sheet 7 of 42, 11-10-93. [Embossed seal and signature.]

## PDF page 44 (OR 16174/0247) - Fourth Amendment Exhibit "A", Sheet 8 of 42: Second Floor Beach Townhouse Units

New sheet, dated 11-10-93 (rotated in scan). Title: SECOND FLOOR BEACH TOWNHOUSE UNITS. Note: "All items shown hereon are Common Elements, excepting therefrom the Balconies which are Limited Common Elements (L.C.E.) and the Condominium Units."

Content: second-floor plan: BTH 1 (38.00 x 17.50 with L.C.E. BALCONY 17.50 x 5.00), BTH 2 through BTH 6 (33.00 x 13.00 each, L.C.E. BALCONY 13.0 x 5.0 each), BTH 7 (64.70 x 17.00, south end), CORRIDOR along the east side leading to stairs (UP), ELEVATOR (7.35 x 5.95) and "TO LOBBY" passage (14.95, 13.75 dimensions). Scale in feet; north arrow. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc. Sheet 8 of 42, 11-10-93. [Embossed seal and signature.]

## PDF page 45 (OR 16174/0248) - Fourth Amendment Exhibit "A", Sheet 9 of 42: Lobby Floor

Replacement LOBBY FLOOR sheet (rotated in scan), dated 11-10-93, "REV. 11-24-93". Legend: C U commercial, L.C.E. hatch, C E common-element grid.

Content: lobby floor with CU-1, enlarged CU-2 (center and oval south end), CU-2A, CU-14, CU-15; BAY-1 through BAY-10 on the west, each now shown with "2ND FLOOR PORTIONS" dashed overlays (OPEN mezzanine areas, dimensions 14.50-21.10 series); TH-1 through TH-17 column on the east with L.C.E. balcony strip; the L units around the curve now drawn as L-1 through L-5 (dimension fans 23.60, 35.00, 38.00 etc.) with a separate "2ND FLOOR PORTION" inset fan for L-1 through L-5 (OPEN areas); P-1 (52.10/47.80 x 11.40), P-2 (52.00 x 18.10), P-3 (52.00 x 18.0), P-4 (52.00/37.20 x 19.50) on the southeast with a 2ND FLOOR inset (P-1 35.20/37.40, P-2 37.6, P-3 38.40, P-4 36.40) and "LCE TO P-4" hatched area; lobby common-element grid. Scale in feet; north arrow. "SHEET 9 OF 42" [handwritten note on plan]. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc. Sheet 9 of 42, 11-10-93, REV. 11-24-93. [Embossed seal and signature.]

## PDF page 46 (OR 16174/0249) - Fourth Amendment Exhibit "A", Sheet 10 of 42: First Floor Cabanas

Replacement FIRST FLOOR CABANAS sheet (formerly Sheet 9 of 40). Legend: "C U INDICATES CABANA UNIT"; grid hatch "Indicates Common Elements". Annotation: "Stairway to 2nd Floor Cabanas".

Content: east block beside POOL DECK, top to bottom: C U 30 (20.16 x 12.83), C U 31 (13.00 x 13.00), C U 32 (13.00 x 13.00), C U 33 (12.83, 20.16). West block: C U 36 (13.25 x 7.24), C U 35 (13.25 x 9.66, depth 8.67), C U 34 (14.17 x 21.92, 7.67 jog), with hatched common-element stair area. (Dimensions differ slightly from the 1991 sheet: CU 31/32 now 13.00 x 13.00.) Scale in feet; north arrow. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 10 of 42 [handwritten], "REV. 10-8-93 AS TO SHEET No." [handwritten]. [Embossed seal and signature.]

## PDF page 47 (OR 16174/0250) - Fourth Amendment Exhibit "A", Sheet 11 of 42: Second Floor Cabanas

Replacement SECOND FLOOR cabana sheet (formerly Sheet 10 of 40); this is the governing survey sheet for CU-23 through CU-29 under the current Exhibit A. Legend: grid hatch "INDICATES COMMON ELEMENTS"; "C U INDICATES CABANA UNIT".

Content: east column (top to bottom): CU-23 (20.17 x 12.67), CU-24 (20.17 x 13.00), CU-25 (13.00 x 13.00 [as printed]), CU-26 (20.17 x 12.67); west row: CU-27 (13.17 x 20.33), CU-28 (12.50 x 20.33), CU-29 (13.17 x 20.33). Hatched common-element EXISTING BALCONY walkway (9.92 wide at the corners) connects the two groups, with stair at the northwest. Scale in feet; north arrow. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 11 of 42 [handwritten], "REV. 10-8-93 AS TO SHEET No." [handwritten]. [Embossed seal and signature.]

## PDF page 48 (OR 16174/0251) - Fourth Amendment Exhibit "A", Sheet 12 of 42: Mezzanine Floor

Replacement MEZZANINE FLOOR sheet (rotated in scan), dated Oct. 8, 1993, "REV. 11-10-93, REV. 11-24-93". Note: "All items shown hereon are Common Elements excepting therefrom the Limited Common Elements (L.C.E.) which are the Terraces and the Balconies (BAL), C U Units (Commercial Units) and the Condominium Units."

Content: mezzanine with CU-1 (140.50 x 115.50/73.80); west column BAY 11 through BAY 22 (widths 20.20-13.00 series, depths 28.00-46.70, BAY 22 at 17.50 x 18.40); center S-1 through S-18 storage rooms; east column M-1 through M-8 (42.00/41.60/41.42/40.87/40.50 x 13.75 each) with a diagonal-hatched L.C.E. TERRACES strip; M-9 through M-12 (47.90, 47.40, 46.50, 45.60 with 33.10 L.C.E. areas marked L C E); around the oval south end M-13 through M-21 (44.10, 48.10, 49.40, 53.80, 53.10, 29.0 series, M-20 58.50, M-21 44.50/41.20) each with BAL. strips; hatched common corridors, stairs and lobby areas. Scale in feet; north arrow. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc. Sheet 12 of 42, Oct. 8, 1993. [Embossed seal and signature.]

## PDF page 49 (OR 16174/0252) - Fourth Amendment Exhibit "A", Sheet 13 of 42: 2nd Floor Units M-9 thru M-21, Mezzanine Floor

New sheet (rotated in scan), dated Oct. 8, 1993. Title: "2ND FLOOR UNITS M-9 THUR [sic] M-21 MEZZANINE FLOOR".

Content: second-floor (loft) portions of mezzanine units around the oval south end: M-9 (20.70/25.0 with OPEN area), M-10 (25.0, 17.50), M-11 (20.40, 10.3/10.5 jogs, OPEN), M-12 (25.80, 17.70, OPEN), M-13 (24.80, 22.80, 21.80, 22.90, OPEN), M-14 (44.10, 47.60, 16.60 series), M-15 (54.0 SAD [?], OPEN), M-16 (34.50, 18.50), M-17 (3.45, 13.40), M-18 (14.10, 18.5, OPEN), M-19 (27.70, 9.30, OPEN), M-20 (42.0, 40.50, 31.0, 23.20, OPEN, with OFFICE ELEVATOR SHAFT annotation), M-21 (OPEN); "MEZZ. LOBBY BELOW" noted at the center; stairs and hatched areas; the tower floor plate above shown dashed. Scale in feet; north arrow. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc. Sheet 13 of 42, Oct. 8, 1993. [Embossed seal and signature.]

## PDF page 50 (OR 16174/0253) - Fourth Amendment Exhibit "A", Sheet 14 of 42: Fourth Floor, Tower (south half)

Renumbered copy of the First Amendment's revised fourth-floor south half (formerly Sheet 12 of 40): west side H.S. UNIT NO. 411, 410, 409, 408, 407, 406, 405; east side 431, 432, 433 (extended, jogs 12.81/11.56/5.11/9.43/5.40), 435 (enlarged, 27.50), 401, 402, 403; center-south 404 and unit 20.06 wide; CU 14 room and elevator core; L.C.E. pods. Legend: common-element grid, L.C.E. hatch, "H.S. Indicates Hotel Suite No." Notes: "Revised: 3-4-92 to make Unit 434 a part of Units 433 & 435"; "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 14 of 42. [Embossed seal and signature.]

## PDF page 51 (OR 16174/0254) - Fourth Amendment Exhibit "A", Sheet 15 of 42: Fourth Floor, Tower (north half)

Renumbered copy of the fourth-floor north half (formerly Sheet 13 of 40): H.S. UNIT NO. 421 (35.60/30.10 x 13.90), 422 (17.75, 6.05, 2.10 jogs), 423 (11.70, 14.40, 27.20); west side 420, 419, 418, 417, 416, 415, 414, 412 (29.40 x 13.70 pattern); east side 424 (19.50/29.50 x 13.70), 425 (27.80 x 13.50), 426 (27.80/30.20 x 13.20), 427 (36.50/28.20 x 12.50), 428 (28.20/36.50 x 12.50), 429 (36.50/28.20 x 12.50), 430 (28.20/36.50 x 12.50); central corridor, ELEV, CU 14 room (2.40 x 9.00); L.C.E. pods; match line at bottom. Legend: common elements grid, L.C.E. hatch, H.S. legend. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991 [date partly obscured]. Sheet 15 of 42. [Embossed seal and signature.]

## PDF page 52 (OR 16174/0255) - Fourth Amendment Exhibit "A", Sheet 16 of 42: Fifth Floor, Tower (south half)

Renumbered copy of the fifth-floor south half (formerly Sheet 14 of 40), titled FIFTH FLOOR: west side H.S. UNIT NO. 511, 510, 509, 508, 507, 506, 505 (standard dimensions); east side 531 (39.50/30.60 x 13.20), 532 (30.60/32.60 x 13.30), 533 (31.60/25.70 x 13.20), 534 (25.50 x 13.20), 535 (26.10/29.40 x 14.00), 501, 502, 503; center-south 504; corridor, ELEV bank, CU 14 with CHASE; L.C.E. pods; match line at top. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 16 of 42. [Embossed seal and signature.]

## PDF page 53 (OR 16174/0256) - Fourth Amendment Exhibit "A", Sheet 17 of 42: Fifth Floor, Tower (north half)

Renumbered copy of the fifth-floor north half (formerly Sheet 15 of 40), titled FIFTH FLOOR: H.S. UNIT NO. 521 (35.60/30.10 x 13.90), 522 (17.75, 6.05), 523 (11.70, 14.40, 27.20); west side 520, 519, 518, 517, 516, 515, 514, 512 (29.40 x 13.70 pattern); east side 524 (19.50/29.50), 525 (27.80 x 13.50), 526 (27.80/30.20 x 13.20), 527, 528, 529, 530 (36.50/28.20 x 12.50 pattern); corridor, ELEV, CU 14 (2.40 x 9.00); L.C.E. pods; match line at bottom. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 17 of 42. [Embossed seal and signature.]

## PDF page 54 (OR 16174/0257) - Fourth Amendment Exhibit "A", Sheet 18 of 42: Sixth Floor, Tower (south half)

Renumbered copy of the sixth-floor south half (formerly Sheet 16 of 40), titled SIXTH FLOOR: west side H.S. UNIT NO. 611, 610, 609, 608, 607, 606, 605 (standard 29.40/28.40 x 13.70 pattern); east side 631 (39.50/30.60 x 13.20), 632 (30.60/32.60 x 13.30), 633 (31.60/25.70 x 13.20), 634 (25.50 x 13.20), 635 (26.10/29.40 x 14.00), 601, 602, 603; center-south 604; corridor, four ELEV shafts, CU 14 with CHASE; L.C.E. pods; match line at top. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 11, 1991. Sheet 18 of 42. [Embossed seal and signature.]

## PDF page 55 (OR 16174/0258) - Fourth Amendment Exhibit "A", Sheet 19 of 42: Sixth Floor, Tower (north half)

Renumbered and revised copy of the sixth-floor north half (formerly Sheet 17 of 40), titled SIXTH FLOOR. Notes: "Revised 4-22-92 to show Limited Common Elements for Units 622 and 623"; "REV. 10-8-93 AS TO SHEET No." [handwritten].

Content: H.S. UNIT NO. 621 (35.60/30.10 x 13.90), 622 (35.50 x 13.60), 623 (25.70/19.50 x 13.00), 624 (19.50/29.50 x 13.70); northeast corner carries a diagonal-hatched block "ROOF L.C.E. FOR H.S. UNITS 622 & 623" (48.40 x 28.0); west side 620, 619, 618, 617, 616, 615, 614, 612 (29.40 x 13.70 pattern); east side 625 (27.80 x 13.50), 626 (27.80/30.20 x 13.20), 627, 628, 629, 630 (29.50/20.50 x 13.50 each with individual L.C.E. BALCONY strips 6.30 x 13.25); corridor, ELEV, CU 14 (2.40 x 9.00); L.C.E. pods; match line at bottom. Zurwelle-Whittaker, Inc., October 11, 1991. Sheet 19 of 42. [Embossed seal and signature.]

## PDF page 56 (OR 16174/0259) - Fourth Amendment Exhibit "A", Sheet 20 of 42: Seventh Floor, Tower (south half)

Renumbered copy of the seventh-floor south half (formerly Sheet 18 of 40), titled SEVENTH FLOOR: west side H.S. UNIT NO. 711, 710, 709, 708, 707, 706, 705; east side 731 (39.50/30.60 x 13.20), 732 (30.60/32.60 x 13.30), 733 (31.60/25.70 x 13.20), 734 (25.50 x 13.20), 735 (26.10/29.40 x 14.00), 701, 702, 703; center-south 704; corridor, ELEV bank, CU 14 with CHASE; L.C.E. pods; match line at top. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 20 of 42. [Embossed seal and signature.]

## PDF page 57 (OR 16174/0260) - Fourth Amendment Exhibit "A", Sheet 21 of 42: Seventh Floor, Tower (north half)

Renumbered copy of the seventh-floor north half (formerly Sheet 19 of 40), titled SEVENTH FLOOR: H.S. UNIT NO. 721 (35.60/30.10 x 13.90), 722 (35.50 x 13.60), 723 (25.70/19.50 x 13.00), 724 (19.50/29.50 x 13.70); west side 720, 719, 718, 717, 716, 715, 714, 712 (29.40 x 13.70 pattern); east side 725 (27.80 x 13.50), 726 (27.80/30.20 x 13.20), 727, 728, 729, 730 (29.50/20.50 x 13.50 each with L.C.E. BALCONY strips 6.30 x 13.25); corridor, ELEV, CU 14 (2.40 x 9.00); L.C.E. pods; match line at bottom. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 21 of 42. [Embossed seal and signature.]

## PDF page 58 (OR 16174/0261) - Fourth Amendment Exhibit "A", Sheet 22 of 42: Eighth Floor, Tower (south half)

Renumbered copy of the eighth-floor south half (formerly Sheet 20 of 40), titled EIGHTH FLOOR: west side H.S. UNIT NO. 811, 810, 809, 808, 807, 806, 805; east side 831 (39.50/30.60 x 13.20), 832 (30.60/32.60 x 13.30), 833 (31.60/25.70 x 13.20), 834 (25.50 x 13.20), 835 (26.10/29.40 x 14.00), 801, 802, 803; center-south 804; corridor, ELEV bank, CU 14 with CHASE; L.C.E. pods; match line at top. "REV. 10-8-92 [as written] AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 22 of 42. [Embossed seal and signature.]

## PDF page 59 (OR 16174/0262) - Fourth Amendment Exhibit "A", Sheet 23 of 42: Eighth Floor, Tower (north half)

Renumbered copy of the eighth-floor north half (formerly Sheet 21 of 40), titled EIGHTH FLOOR: H.S. UNIT NO. 821 (35.60/30.10 x 13.90), 822 (35.50 x 13.60), 823 (25.70/19.50 x 13.00), 824 (19.50/29.50 x 13.70); west side 820, 819, 818, 817, 816, 815, 814, 812 (29.40 x 13.70 pattern); east side 825 (27.80 x 13.50), 826 (27.80/30.20 x 13.20), 827, 828, 829, 830 (29.50/20.50 x 13.50 each with L.C.E. BALCONY strips 6.30 x 13.25); corridor, ELEV, CU 14 (2.40 x 9.00); L.C.E. pods; match line at bottom. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 23 of 42. [Embossed seal and signature.]

## PDF page 60 (OR 16174/0263) - Fourth Amendment Exhibit "A", Sheet 24 of 42: Ninth Floor, Tower (south half)

Renumbered copy of the ninth-floor south half (formerly Sheet 22 of 40), titled NINTH FLOOR: west side H.S. UNIT NO. 911, 910, 909, 908, 907, 906, 905; east side 931 (39.50/30.60 x 13.20), 932 (30.60/32.60 x 13.30), 933 (31.60/25.70 x 13.20), 934 (25.50 x 13.20), 935 (26.10/29.40 x 14.00), 901, 902, 903; center-south 904; corridor, ELEV bank, CU 14 with CHASE; L.C.E. pods; match line at top. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 24 of 42. [Embossed seal and signature.]

## PDF page 61 (OR 16174/0264) - Fourth Amendment Exhibit "A", Sheet 25 of 42: Ninth Floor, Tower (north half)

Renumbered copy of the ninth-floor north half (formerly Sheet 23 of 40), titled NINTH FLOOR: H.S. UNIT NO. 921 (35.60/30.10 x 13.90), 922 (35.50 x 13.60), 923 (25.70/19.50 x 13.00), 924 (19.50/29.50 x 13.70); west side 920, 919, 918, 917, 916, 915, 914, 912; east side 925 (27.80 x 13.50), 926 (27.80/30.20 x 13.20), 927, 928, 929, 930 (29.50/20.50 x 13.50 with L.C.E. BALCONY strips 6.30 x 13.25); corridor, ELEV, CU 14; L.C.E. pods; match line at bottom. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 25 of 42. [Embossed seal and signature.]

## PDF page 62 (OR 16174/0265) - Fourth Amendment Exhibit "A", Sheet 26 of 42: Tenth Floor, Tower (south half)

Renumbered copy of the tenth-floor south half (formerly Sheet 24 of 40), titled TENTH FLOOR: west side H.S. UNIT NO. 1011, 1010, 1009, 1008, 1007, 1006, 1005; east side 1031 (39.50/30.60 x 13.20), 1032 (30.60/32.60 x 13.30), 1033 (31.60/25.70 x 13.20), 1034 (25.50 x 13.20), 1035 (26.10/29.40 x 14.00), 1001, 1002, 1003; center-south 1004; corridor, ELEV bank, CU 14 with CHASE; L.C.E. pods; match line at top. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 26 of 42. [Embossed seal and signature.]

## PDF page 63 (OR 16174/0266) - Fourth Amendment Exhibit "A", Sheet 27 of 42: Tenth Floor, Tower (north half)

Renumbered copy of the tenth-floor north half (formerly Sheet 25 of 40), titled TENTH FLOOR: H.S. UNIT NO. 1021 (35.60/30.10 x 13.90), 1022 (35.50 x 13.60), 1023 (25.70/19.50 x 13.00), 1024 (19.50/29.50 x 13.70); west side 1020, 1019, 1018, 1017, 1016, 1015, 1014, 1012; east side 1025 (27.80 x 13.50), 1026 (27.80/30.20 x 13.20), 1027, 1028, 1029, 1030 (29.50/20.50 x 13.50 with L.C.E. BALCONY strips 6.30 x 13.25); corridor, ELEV, CU 14; L.C.E. pods; match line at bottom. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 27 of 42. [Embossed seal and signature.]

## PDF page 64 (OR 16174/0267) - Fourth Amendment Exhibit "A", Sheet 28 of 42: Eleventh Floor, Tower (south half)

Renumbered copy of the First Amendment's revised eleventh-floor south half (formerly Sheet 26 of 40), titled ELEVENTH FLOOR: west side H.S. UNIT NO. 1111, 1110, 1109, 1108, 1107, 1106, 1105; east side 1131 (39.50/30.60 x 13.20), 1132 (30.60/32.60 x 13.30), 1133 (31.60/25.70 x 13.20), 1134 (25.50 x 13.20), 1135 (26.10/29.40 x 14.00), then the enlarged H.S. UNIT NO. 1101 (29.40 x 13.50 plus the eastward extension, jogs 14.2, 13.42, 14.33, 13.15, 26.79, 15.98, 6.72) and enlarged H.S. UNIT NO. 1103 (29.40 x 13.65 extended); center-south 1104; corridor, ELEV bank, CU 14 with CHASE; L.C.E. pods; match line at top. Notes: "REVISED: 3-4-92 to make Unit 1102 part of Units 1101 & 1103"; "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 28 of 42. [Embossed seal and signature.]

## PDF page 65 (OR 16174/0268) - Fourth Amendment Exhibit "A", Sheet 29 of 42: Eleventh Floor, Tower (north half)

Renumbered copy of the eleventh-floor north half (formerly Sheet 27 of 40), titled ELEVENTH FLOOR: H.S. UNIT NO. 1121 (35.60/30.10 x 13.90), 1122 (35.50 x 13.60), 1123 (25.70/19.50 x 13.00), 1124 (19.50/29.50 x 13.70); west side 1120, 1119, 1118, 1117, 1116, 1115, 1114, 1112; east side 1125 (27.80 x 13.50), 1126 (27.80/30.20 x 13.20), 1127, 1128, 1129, 1130 (29.50/20.50 x 13.50 with L.C.E. BALCONY strips 6.30 x 13.25); corridor, ELEV, CU 14; L.C.E. pods; match line at bottom. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 29 of 42. [Embossed seal and signature.]

## PDF page 66 (OR 16174/0269) - Fourth Amendment Exhibit "A", Sheet 30 of 42: Twelfth Floor, Tower (south half)

Renumbered copy of the twelfth-floor south half (formerly Sheet 28 of 40), titled TWELFTH FLOOR: west side H.S. UNIT NO. 1211, 1210, 1209, 1208, 1207, 1206, 1205; east side 1231 (39.50/30.60 x 13.20), 1232 (30.60/32.60 x 13.30), 1233 (31.60/25.70 x 13.20), 1234 (25.50 x 13.20), 1235 (26.10/29.40 x 14.00), 1201, 1202, 1203; center-south 1204; corridor, ELEV bank, CU 14 with CHASE; L.C.E. pods; match line at top. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 30 of 42. [Embossed seal and signature.]

## PDF page 67 (OR 16174/0270) - Fourth Amendment Exhibit "A", Sheet 31 of 42: Twelfth Floor, Tower (north half)

Renumbered copy of the twelfth-floor north half (formerly Sheet 29 of 40), titled TWELFTH FLOOR: H.S. UNIT NO. 1221 (35.60/30.10 x 13.90), 1222 (35.50 x 13.60), 1223 (25.70/19.50 x 13.00), 1224 (19.50/29.50 x 13.70); west side 1220, 1219, 1218, 1217, 1216, 1215, 1214, 1212; east side 1225 (27.80 x 13.50), 1226 (27.80/30.20 x 13.20), 1227, 1228, 1229, 1230 (29.50/20.50 x 13.50 with L.C.E. BALCONY strips 6.30 x 13.25); corridor, ELEV, CU 14; L.C.E. pods; match line at bottom. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 31 of 42. [Embossed seal and signature.]

## PDF page 68 (OR 16174/0271) - Fourth Amendment Exhibit "A", Sheet 32 of 42: Fourteenth Floor, Tower (south half)

Renumbered copy of the fourteenth-floor south half (formerly Sheet 30 of 40), titled FOURTEENTH FLOOR: west side H.S. UNIT NO. 1411, 1410, 1409, 1408, 1407, 1406, 1405; east side 1431 (39.50/30.60 x 13.20), 1432 (30.60/32.60 x 13.30), 1433 (31.60/25.70 x 13.20), 1434 (25.50 x 13.20), 1435 (26.10/29.40 x 14.00), 1401, 1402, 1403; center-south 1404; corridor, ELEV bank, CU 14 with CHASE; L.C.E. pods; match line at top. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 32 of 42. [Embossed seal and signature.]

## PDF page 69 (OR 16174/0272) - Fourth Amendment Exhibit "A", Sheet 33 of 42: Fourteenth Floor, Tower (north half)

Renumbered copy of the fourteenth-floor north half (formerly Sheet 31 of 40), titled FOURTEENTH FLOOR: H.S. UNIT NO. 1421 (35.60/30.10 x 13.90), 1422 (35.50 x 13.60), 1423 (25.70/19.50 x 13.00), 1424 (19.50/29.50 x 13.70); west side 1420, 1419, 1418, 1417, 1416, 1415, 1414, 1412; east side 1425 (27.80 x 13.50), 1426 (27.80/30.20 x 13.20), 1427, 1428, 1429, 1430 (29.50/20.50 x 13.50 with L.C.E. BALCONY strips 6.30 x 13.25); corridor, ELEV, CU 14; L.C.E. pods; match line at bottom. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 33 of 42. [Embossed seal and signature.]

## PDF page 70 (OR 16174/0273) - Fourth Amendment Exhibit "A", Sheet 34 of 42: Fifteenth Floor, Tower (south half)

Renumbered copy of the fifteenth-floor south half (formerly Sheet 32 of 40), titled FIFTEENTH FLOOR: west side H.S. UNIT NO. 1511, 1510, 1509, 1508, 1507, 1506, 1505; east side 1531 (39.50/30.60 x 13.20), 1532 (30.60/32.60 x 13.30), 1533 (31.60/25.70 x 13.20), 1534 (25.50 x 13.20), 1535 (26.10/29.40 x 14.00), 1501, 1502, 1503; center-south 1504; corridor, ELEV bank, CU 14 with CHASE; L.C.E. pods; match line at top. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 34 of 42. [Embossed seal and signature.]

## PDF page 71 (OR 16174/0274) - Fourth Amendment Exhibit "A", Sheet 35 of 42: Fifteenth Floor, Tower (north half)

Renumbered copy of the fifteenth-floor north half (formerly Sheet 33 of 40), titled FIFTEENTH FLOOR: H.S. UNIT NO. 1521 (35.60/30.10 x 13.90), 1522 (35.50 x 13.60), 1523 (25.70/19.50 x 13.00), 1524 (19.50/29.50 x 13.70); west side 1520, 1519, 1518, 1517, 1516, 1515, 1514, 1512; east side 1525 (27.80 x 13.50), 1526 (27.80/30.20 x 13.20), 1527, 1528, 1529, 1530 (29.50/20.50 x 13.50 with L.C.E. BALCONY strips 6.30 x 13.25); corridor, ELEV, CU 14; L.C.E. pods; match line at bottom. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 35 of 42. [Embossed seal and signature.]

## PDF page 72 (OR 16174/0275) - Fourth Amendment Exhibit "A", Sheet 36 of 42: Sixteenth Floor, Tower (south half)

Renumbered copy of the sixteenth-floor south half (formerly Sheet 34 of 40), titled SIXTEENTH FLOOR: west side H.S. UNIT NO. 1611, 1610, 1609, 1608, 1607, 1606, 1605; east side 1631 (39.50/30.60 x 13.20), 1632 (30.60/32.60 x 13.30), 1633 (31.60/25.70 x 13.20), 1634 (25.50 x 13.20), 1635 (26.10/29.40 x 14.00), 1601, 1602, 1603; center-south 1604; corridor, ELEV bank, CU 14 with CHASE; L.C.E. pods; match line at top. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 36 of 42. [Embossed seal and signature.]

## PDF page 73 (OR 16174/0276) - Fourth Amendment Exhibit "A", Sheet 37 of 42: Sixteenth Floor, Tower (north half)

Renumbered copy of the sixteenth-floor north half (formerly Sheet 35 of 40), titled SIXTEENTH FLOOR: H.S. UNIT NO. 1621 (35.60/30.10 x 13.90), 1622 (35.50 x 13.60), 1623 (25.70/19.50 x 13.00), 1624 (19.50/29.50 x 13.70); west side 1620, 1619, 1618, 1617, 1616, 1615, 1614, 1612; east side 1625 (27.80 x 13.50), 1626 (27.80/30.20 x 13.20), 1627, 1628, 1629, 1630 (29.50/20.50 x 13.50 with L.C.E. BALCONY strips 6.30 x 13.25); corridor, ELEV, CU 14; L.C.E. pods; match line at bottom. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 37 of 42. [Embossed seal and signature.]

## PDF page 74 (OR 16174/0277) - Fourth Amendment Exhibit "A", Sheet 38 of 42: Seventeenth Floor, Tower (south half)

Renumbered copy of the seventeenth-floor south half (formerly Sheet 36 of 40), titled SEVENTEENTH FLOOR: west side H.S. UNIT NO. 1711, 1710, 1709, 1708, 1707, 1706, 1705; east side 1731 (39.50/30.60 x 13.20), 1732 (30.60/32.60 x 13.30), 1733 (31.60/25.70 x 13.20), 1734 (25.50 x 13.20), 1735 (26.10/29.40 x 14.00), 1701, 1702, 1703; center-south 1704; corridor, ELEV bank, CU 14 with CHASE; L.C.E. pods; match line at top. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 38 of 42. [Embossed seal and signature.]

## PDF page 75 (OR 16174/0278) - Fourth Amendment Exhibit "A", Sheet 39 of 42: Seventeenth Floor, Tower (north half)

Renumbered copy of the seventeenth-floor north half (formerly Sheet 37 of 40): H.S. UNIT NO. 1721 (35.60/30.10 x 13.90), 1722 (35.50 x 13.60), 1723 (25.70/19.50 x 13.00), 1724 (19.50/29.50 x 13.70); west side 1720, 1719, 1718, 1717, 1716, 1715, 1714, 1712; east side 1725 (27.80 x 13.50), 1726 (27.80/30.20 x 13.20), 1727, 1728, 1729, 1730 (29.50/20.50 x 13.50 with L.C.E. BALCONY strips 6.30 x 13.25); corridor, ELEV, CU 14; L.C.E. pods; match line at bottom. "REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 39 of 42. [Embossed seal and signature.]

## PDF page 76 (OR 16174/0279) - Fourth Amendment Exhibit "A", Sheet 40 of 42: Tower Suite Floor

New sheet (rotated in scan), titled TOWER SUITE FLOOR, dated 10-8-93, REVISED 11-10-93. Grid hatch "INDICATES COMMON AREA". The floor is split by an "ASBUILT / PROPOSED" dividing line.

Content: tower suites T.S. #1 through T.S. #15 around hatched common corridors and the elevator core: T.S. #1 (32.40/56.50 with balcony 56.40), T.S. #2 (21.60/27.70 with balcony), T.S. #3 (30.60 x 42.40 with balcony), T.S. #4 (25.00 x 43.0, proposed side), T.S. #5 (29.50 x 40.0), T.S. #6 (23.00, 20.50, 27.70 with balcony), T.S. #7 (17.40, 31.00, 16.0, 14.50 jogs), T.S. #8 (25.0, 37.50, 43.0, 12.0), T.S. #9 (29.40, 10.60, 18.80, 13.30), T.S. #10 (29.40/28.00 x 28.00), T.S. #11 (25.20/27.70 with balcony 14.0 x 4.0), T.S. #12 (25.20/27.60 with balcony), T.S. #14 (21.40/23.60 with balcony), T.S. #15 (33.90 x 28.10/27.80 with balcony); stairs, CHASE, ELEV bank; dimensions in small print. (No T.S. #13.) Scale in feet; north arrow. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc. Sheet 40 of 42, 10-8-93. [Embossed seal and signature.]

## PDF page 77 (OR 16174/0280) - Fourth Amendment Exhibit "A", Sheet 41 of 42: Roof Plan

Renumbered ROOF PLAN (rotated in scan; formerly Sheet 39 of 40), all common elements (grid hatch "INDICATES COMMON ELEMENTS"): roof areas, COOLING TOWER (26.50 x 42.70), elevator machine areas ("ELEV MACH" blocks), stair bulkheads, SATELLITE DISH annotation (southeast corner, 14.60/20.00 dimensions), catwalk; inset MACHINE ROOM detail (37.0 x 35.56, METAL STEPS). Dimension chains throughout. Scale in feet; north arrow. "REV. 10-8-93 AS TO SHEET No." [handwritten]. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 41 of 42. [Embossed seal and signature.]

## PDF page 78 (OR 16174/0281) - Fourth Amendment Exhibit "A", Sheet 42 of 42: Building Profile (end of Fourth Amendment)

Renumbered PROFILE sheet (formerly Sheet 40 of 40), same elevations referenced to 0.00 feet Mean Sea Level, N.G.V.D.: GARAGE EL 2.40; LOWER LOBBY EL 11.85; LOBBY EL 25.14; MEZZAINE [sic] EL 43.32; 4TH FL EL 58.40; 5TH FL EL 67.40; 6TH FL EL 76.38; 7TH FL EL 85.31; 8TH FL EL 94.36; 9TH FL EL 103.37; 10TH FL EL 112.32; 11TH FL EL 121.28; 12TH FL EL 130.31; 14TH FL EL 139.26; 15TH FL EL 148.22; 16TH FL EL 157.21; 17TH FL EL 166.23; PENTHOUSE EL 177.71; ROOF EL 190.75; MACH. RM EL 192.75; PARAPIT [sic] EL 194.48; ELEV. RM. EL 202.75; CEILING EL 211.75.

CLERK NOTE: FOR CONDOMINIUM PLANS SEE OFFICIAL RECORDS CONDOMINIUM PLANS BK. 259 PAGE 14. HARVEY RUVIN, CLERK, CIRCUIT & COUNTY COURTS. BY [signature], D.C. Stamp: RECORDED IN OFFICIAL RECORDS BOOK OF DADE COUNTY, FLORIDA, HARVEY RUVIN, CLERK CIRCUIT COURT.

"REV. 10-8-93 AS TO SHEET No." [handwritten]. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 42 of 42. [End of the Fourth Amendment package.]

## PDF page 79 (OR 16381/3216) - Fifth Amendment, page 1

Clerk stamp: 94R262296, 1994 MAY 31 11:09. Fax headers MAY 27 '94 12:38 / MAY 25, 1994. File code: 1970001Y.CSL/km [approximate], 5/9/94. Same preparer block (Leonard Lubart, Greenspoon, Marder, Hirschfeld & Rafkin, P.A.).

FIFTH AMENDMENT TO DECLARATION OF CONDOMINIUM ESTABLISHING CASTLE BEACH CLUB, A CONDOMINIUM

WHEREAS, the Declaration of Condominium establishing Castle Beach Club, a Condominium, was recorded on November 16, 1991, in Official Records Book 15285, at Page 1869, of the Public Records of Dade County, Florida (the "Declaration"); and,

WHEREAS, the Declaration was amended by First Amendment to Declaration of Condominium recorded on April 13, 1992, in Official Records Book 15469, at Page 3919 ("First Amendment"), and by Second Amendment to Declaration of Condominium recorded on March 12, 1993, in Official Records Book 15842, at Page 2255 ("Second Amendment"), and by Third Amendment to Declaration of Condominium recorded on March 12, 1993, in Official Records Book 15842, at Page 2259 ("Third Amendment"), and by Fourth Amendment to Declaration of Condominium recorded on December 16, 1993, in Official Records Book 16174, at Page 235 ("Fourth Amendment"), all of the Public Records of Dade County, Florida; and,

WHEREAS, Article 9.02 of the Declaration provides as follows:

[Quoted text of 9.02 in full, both paragraphs, verbatim as in the Declaration.]

WHEREAS, at this time, the Developer is entitled to appoint a majority of the Board of Developers [sic]; and,

WHEREAS, the Association desires to amend the Declaration to provide for changes in the configuration of various Units, Common Elements and Limited Common Elements and as otherwise set forth below.

NOW, THEREFORE, the Declaration is amended as follows:

Underlined text indicates additions; struck-through text indicates deletions.

[page 1; handwritten "24" bottom right]

## PDF page 80 (OR 16381/3217) - Fifth Amendment, page 2 (restated Article XIII)

1. Article XIII of the Declaration is amended to read as follows:

XIII. Limited Common Elements

13.01 Certain balconies, terraces, patios and rooftop areas are Limited Common Elements appurtenant to some of the Units in this Condominium as shown on Exhibit "A" attached hereto. These Limited Common Elements are reserved for the use of the Units appurtenant thereto to the exclusion of other Units, and there shall pass with a Unit, as appurtenant thereto, the exclusive right to use the Limited Common Elements so appurtenant. Expenses of maintenance and repair relating to these Limited Common Elements shall be considered Common Expenses for the purpose of cost of repair and maintenance, except that the Association shall not be responsible for the repair or replacement of any improvements to any of these Limited Common Elements whether in the course of maintenance of the Limited Common Elements or otherwise.

13.02 Storage areas that are Limited Common Elements of the Condominium are set out on Exhibit "A" hereto. These Limited Common Elements are reserved for the use of the Units appurtenant thereto to the exclusion of other Units, and there shall pass with a Unit, as appurtenant thereto, the exclusive right to use the Limited Common Elements so appurtenant, subject to the provisions hereof. The storage areas shall initially be assigned by the Developer, and the Developer may receive compensation from a purchaser in connection with the assignment of storage areas to a Unit. The Association may promulgate rules and regulations regarding the transfer of storage areas among Unit Owners. Each Unit Owner does not have a right to a storage area, and the Developer may assign more than one storage area to a Unit. The expense of maintaining the storage area shall be borne by the Unit Owner to whose Unit the storage area is appurtenant. Some of the storage areas may be assigned to a Commercial Unit to be utilized in connection with the business of such Commercial Unit. It should be noted that all of the storage areas on the floors above the mezzanine are part of Commercial Unit 14 and are not Limited Common Elements.

13.03 The foyers between adjoining Units as shown on Exhibit "A" are Limited Common Elements which are appurtenant jointly to the adjoining Units. The expense of maintaining the foyer shall be borne by the Unit Owners to whose Units the foyers are appurtenant.

13.04 The Owner of Unit P-4 shall have the right to transfer all or any portion of the Limited Common Elements to Unit P-4, as shown on Sheet 9 of 42 of Exhibit "A", to any other Unit Owner. In order for such a transfer to be effective, the notice of transfer shall be provided to the Association. Any transferee shall have the right to further transfer all or any portion of the Limited Common Elements to Unit P-4 in accord with this paragraph.

13.05 [underlined = new] The Owner of the Unit to which a Limited Common Element is appurtenant shall have the right to construct improvements, at its sole cost and expense, on the Limited Common Element provided that the improvement(s) shall be in compliance with all applicable governmental laws and regulations. Except with respect [continues on next page]

## PDF page 81 (OR 16381/3218) - Fifth Amendment, page 3 (execution)

Fax header: FROM: CRESCENT HEIGHTS EXEC. OFFICE, TEL: 3058644077, MAY. 29. 1994 10:13 AM.

[continuation of 13.05, underlined/new] to the Limited Common Elements shown on Sheets 40 and 41 of the Survey (Exhibit "A"), the improvement(s) to the Limited Common Element shall also be subject to the approval of the Board of Directors of the Association, whose consent shall not be unreasonably withheld. In the case where more than one Unit has the right to use a Limited Common Element, any improvement to the Limited Common Element shall require the unanimous approval of the Owners of all such Units.

13.06 Assignable Limited Common Elements - [underlined = new] Certain Limited Common Elements (other than balconies accessible only from a Unit(s) or an entrance vestibule directly shared by Units) that are not labelled as being a Limited Common Element for a particular Unit shall be considered an "Assignable LCE" and may be assigned to a Unit by the Developer, and the Developer may receive compensation from a purchaser in connection with the assignment of an Assignable LCE to a Unit. An Assignable LCE may be reassigned among Unit Owners, and the Association may promulgate reasonable rules and regulations regarding the reassignment of an Assignable LCE among Unit Owners.

2. Sheets 40 and 41 of 42 of Exhibit "A" to the Fourth Amendment is deleted in its entirety and replaced with Sheets 40 and 41 of 42 attached hereto for the purpose of creating Limited Common Elements appurtenant to the Units.

3. All other terms and provisions of the Declaration not specifically amended or altered hereby shall continue in full force and effect.

IN WITNESS WHEREOF, the Association has caused these presents to be signed in its name and on its behalf by the appropriate individuals on this 30 [handwritten] day of MAY [handwritten], 1994 [year altered by hand].

Signed, Sealed and Delivered in the Presence of: [witnesses] John A. Ritter; Louis Zaretsky

CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC., a Florida corporation not-for-profit. BY: [signature] Miguel Poyastro, Vice President [handwritten]. ATTEST: [signature] Mordi Bitton, Secretary [handwritten].

STATE OF FLORIDA, COUNTY OF DADE, SS. The foregoing instrument was acknowledged before me this 30 day of MAY, 1994 [handwritten], by MIGUEL POYASTRO and MORDI BITTON [handwritten], as VICE PRESIDENT and SECRETARY [handwritten], respectively, of CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC., a Florida corporation not-for-profit, on behalf of the corporation. They are personally known to me [produced-identification alternative struck through] and who did not take an oath [did/did not alternative edited by hand].

[signature] Print Name: John A. Ritter. Notary Public, State of Florida. Serial Number, if any: [blank]. My commission expires: 9/19/96 [handwritten]. Stamp: NOTARY PUBLIC, STATE OF FLORIDA, JOHN A. RITTER, COMMISSION NO. CC-222808, MY COMMISSION EXPIRES SEP. 19, 1996.

Underlined text indicates additions; struck-through text indicates deletions. [page 3]

## PDF page 82 (OR 16381/3219) - Fifth Amendment, replacement Sheet 41 of 42: Roof Plan with rooftop LCEs

Replacement ROOF PLAN (rotated in scan), "REV. 10-8-93" and "REV. 2-23-94 AS TO LCE". Legend: grid hatch "INDICATES COMMON ELEMENTS"; "T.S. indicates Tower Suite"; "L.C.E. indicates Limited Common Element, TO BE ASSIGNED" [handwritten addition].

Content: the roof plan now shows two large areas at the south end marked "LCE" (dimensions 98.80 x 58.82 ranges, 21.68, 19.73 etc.), i.e. rooftop Limited Common Elements to be assigned (Assignable LCEs per new 13.06); cooling tower, elevator machine rooms, CONTROL ROOM (10.90 x 10.66), stair bulkheads; "Satellite Dish subject to Relocation or Removal" annotation; inset MACHINE ROOM detail (37.0, METAL STEPS). Clerk note: FOR DECLARATION OF CONDOMINIUM SEE OFFICIAL RECORD BK 16381 PG 3216. Scale in feet; north arrow. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc., October 15, 1991. Sheet 41 of 42. [Embossed seal and signature.]

## PDF page 83 (OR 16381/3220) - Fifth Amendment, replacement Sheet 40 of 42: Tower Suite Floor with balcony LCEs (end of Fifth Amendment)

Replacement TOWER SUITE FLOOR sheet (rotated in scan), dated 10-8-93, "REVISED 11-10-93", "REVISED 2-15-94 AS TO LCE, T.S. #7". Legend: grid hatch "INDICATES COMMON AREA; BALCONIES ARE (L.C.E.) LIMITED COMMON ELEMENTS".

Content: same tower-suite layout as the Fourth Amendment's Sheet 40 (T.S. #1 through T.S. #15, no #13, ASBUILT/PROPOSED split, corridors, ELEV bank, stairs, CHASE), now with the balconies expressly labeled as L.C.E. and an added L.C.E. note at T.S. #7 (7.80/11.50/8.30 jogs). Clerk note: FOR CONDOMINIUM PLANS SEE OFFICIAL RECORDS CONDOMINIUM PLANS BK. 262 PAGE 29. HARVEY RUVIN, CLERK, CIRCUIT & COUNTY COURTS. BY [signature], D.C. Stamp: RECORDED IN OFFICIAL RECORDS BOOK OF DADE COUNTY, FLORIDA, RECORD VERIFIED, HARVEY RUVIN. Scale in feet; north arrow. CASTLE BEACH CLUB, A CONDOMINIUM. Zurwelle-Whittaker, Inc. Sheet 40 of 42, 10-8-93. [Embossed seal and signature. End of the Fifth Amendment package.]

## PDF page 84 (OR 16654/0507) - Amendment 5A: Certificate of Amendment to Articles and By-Laws, page 1

Clerk stamp: 95R027431, 1995 JAN 20 15:37. Prepared by: ROSA M. DE LA CAMARA, ESQUIRE, BECKER & POLIAKOFF, P.A., Blue Lagoon Corporate Center, 6161 Blue Lagoon Drive, Suite 250, Miami, Florida 33126.

CERTIFICATE OF AMENDMENT TO ARTICLES OF INCORPORATION AND BY-LAWS OF CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC.

WHEREAS, the Declaration of Condominium establishing CASTLE BEACH CLUB, A CONDOMINIUM was duly recorded in Official Records Book 15285 at Page 1869 of the Public Records of Dade County, Florida; and

WHEREAS, CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC. (hereinafter the "Association") is the entity responsible for the operation of the aforementioned condominium; and

WHEREAS, at a duly called and convened meeting of the membership of the Association held on December 21, 1994 and reconvened on December 28, 1994, the amendment to the Articles of Incorporation and the By-Laws as set out in Exhibit "A" attached hereto and incorporated herein was duly approved by a vote of the membership in excess of that required by the pertinent provisions of said By-Laws and Articles of Incorporation.

NOW, THEREFORE, the undersigned hereby certifies that the amendment to the Articles of Incorporation and the By-Laws as set out in Exhibit "A" attached hereto and incorporated herein is a true copy of the amendment as approved by the requisite percentage of the membership of the Association.

WITNESS my signature hereto this [handwritten day illegible] day of [handwritten month illegible], 1995 at Miami Beach, Florida.

CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC. [witness signatures] BY: [signature], President (Seal). ATTEST: [signature], Secretary. [Corporate seal.]

STATE OF FLORIDA, COUNTY OF DADE. The foregoing instrument was acknowledged before me this 11 [handwritten] day of JANUARY 1995 by [blank] the [blank] of CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation, on behalf of the corporation. Who is personally known [circled] to me or has produced (___) as identification and who did/did not take an oath.

[Notary stamp] OFFICIAL NOTARY SEAL, MARGOT MIRANDA, NOTARY PUBLIC STATE OF FLORIDA [commission details partly illegible] (SEAL). MARGOT MIRANDA [printed notary signature].

## PDF page 85 (OR 16654/0508) - Amendment 5A, Exhibit "A" (end of Amendment 5A)

EXHIBIT "A"

AMENDMENT TO ARTICLES OF INCORPORATION AND BY-LAWS OF CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC.

(Additions shown by underlining; deletions by "---")

Amendment to Article IX(A) of the Articles of Incorporation and Article Five, Section 1 of the By-Laws to provide as follows:

"A. The form of administration of the Association shall be by a Board of [struck: three (3)] five (5) [underlined] Directors."

"Section 1. The business of this Association shall be governed by a Board of Directors consisting of [struck: three (3)] five (5) [underlined] persons. All Directors, other than the Developer or his designated agents, shall be members of the Association."

Stamp: RECORDED IN OFFICIAL RECORDS BOOK OF DADE COUNTY, FLORIDA. RECORD VERIFIED. HARVEY RUVIN, Clerk of Circuit & County Courts. [End of Amendment 5A package.]

## PDF page 86 (OR 18938/970) - Sixth Amendment, page 1

Clerk stamp: 00R009944, 2000 JAN 07 13:07. THIS INSTRUMENT PREPARED BY: ANDREW CUEVAS, ESQ., CUEVAS & RUBIN, P.A., 9200 S. Dadeland Blvd., Suite 603, Miami, FL 33156.

SIXTH AMENDMENT TO DECLARATION OF CONDOMINIUM ESTABLISHING CASTLE BEACH CLUB, A CONDOMINIUM

WHEREAS, the Declaration of Condominium establishing Castle Beach Club, a Condominium, was recorded on November 16, 1991, in Official Records Book 15285, at Page 1869, of the Public Records of Dade County, Florida (the "Declaration"); and,

WHEREAS, the Declaration was amended by First Amendment to Declaration of Condominium recorded on April 13, 1992, in Official Records Book 15469, at Page 3919 ("First Amendment"), and by Second Amendment to Declaration of Condominium recorded on March 12, 1993, in Official Records Book 15842, at Page 2255 ("Second Amendment"), and by Third Amendment to Declaration of Condominium recorded on March 12, 1993, in Official Records Book 15842, at Page 2259 ("Third Amendment"), by Fourth Amendment to Declaration of Condominium recorded on December 16, 1993 in Official Records Book 16174, at Page 235 ("Fourth Amendment"), and by Fifth Amendment to Declaration of Condominium recorded on May 31, 1994, in Official Records Book 16381, at Page 3216 ("Fifth Amendment"), all of the Public Records of Dade County, Florida; and,

WHEREAS, Article 9.01, Section 2, of the Declaration provides as follows:

[Quoted text of 9.01(2) (scrivener's-error correction mechanism) in full, verbatim as in the Declaration.]

WHEREAS, the Association desires to clarify certain matters stated in previous Amendments and to correct scrivener's errors. [page 1]

## PDF page 87 (OR 18938/971) - Sixth Amendment, page 2 (operative text and execution)

NOW, THEREFORE, the Declaration is amended as follows:

1. Units 433, 435, 1101, and 1103 are hereby designated as Type VII Units. The purpose of this amendment is to make the Unit Types consistent with the percentage allocated to these Units as stated in the First Amendment.

2. The Amendment to the Declaration of Condominium filed on January 11, 1995, in Official Record Book 16654, Page 0508, is hereby renamed Amendment 5A. This amendment is to correct a scriveners error made on the amendment.

3. Unit TS5 is hereby re-designated a Type III unit, in order to correct an improper classification. All other unit owner allocations are hereby changed accordingly, as shown on Exhibit "B", pursuant to court order.

4. All other terms and provisions of the Declaration not specifically amended or altered hereby shall continue in full force and effect.

5. Exhibit "B" to the Declaration of Condominium is deemed to be revised in accordance with this Amendment

IN WITNESS WHEREOF, the Association has caused these presents to be signed in its name and on its behalf by the appropriate individuals on this 11th day of November, 1999.

Signed, Sealed and Delivered in the presence of: [witness lines blank]

CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit Corporation. BY: [signature]. Name: LEOPOLDO GONZALEZ [handwritten]. Title: PRESIDENT [handwritten].

STATE OF FLORIDA, COUNTY OF MIAMI-DADE, ss. BEFORE ME, the undersigned authority, personally appeared Leopoldo Gonzalez [handwritten], as President [handwritten] OF CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation, to me known and known to me to be the person who executed the foregoing instrument as such officer, and he duly acknowledged before me that he executed the same freely and voluntarily as the act and deed of said corporation.

WITNESS my hand and official seal in the County and State aforesaid, this 4th [handwritten] day of January [handwritten], 2000 [year altered by hand]. [signature] Notary Public, State of Florida. My commission expires: [stamp] Emilio Berkowitz, Notary Public, State of Florida, Commission No. CC 584644, My Commission Exp. 09/14/2000. [page 2]

## PDF page 88 (OR 18938/972) - Sixth Amendment Exhibit "B", page 1 of 2 (CURRENT unit-type composition)

CASTLE BEACH CLUB, A CONDOMINIUM. UNIT OWNER UNDIVIDED SHARE IN THE COMMON ELEMENTS AND PERCENTAGE OF SHAREING [sic] COMMON EXPENSES AND OWNING COMMON SURPLUS

Both the percentages of ownership of common elements and the common expenses were apportioned by grouping the Units into Types and allocating points to each Type as follows (the results are rounded off in order to make the total equal 100%)

No. Units / Type / Consisting of Units:
- 3 / I / TS 1, 3, 15
- 3 / II / TS 2, 4, 8
- 7 / III / TS 5, 7, 10, M19, L8, Bay 7A, Bay 22
- 4 / IV / M13, 20, 21, L4
- 11 / V / M14-M18, P4, L1, 5, 6, 7, TS12
- 35 / VI / TS 6, 11, 14, TH1 - TH 17, P1, 2, 3, L3, P8, Bay 1 - Bay 7, P5, 6, 7
- 30 / VII / M1 - M12, L2, Bay 9 - Bay 21, 433, 435, 1101, 1103
- 437 / VIII / TS 9, 401 - 412, 414-432, 501-512, 514 - 535, 601 - 612, 614 - 635, 701 - 712, 714 - 735, 801 - 812, 814 - 835, 901 - 912, 914 - 935, 1001 - 1012, 1014 - 1035, 1104 - 1112 [as printed; presumably 1104-1112 excludes the eliminated 1102 and the Type VII 1101/1103], 1114 - 1135, 1201 - 1212, 1214 - 1235, 1401 - 1412, 1414 - 1435, 1501 - 1512, 1514 - 1535, 1601 - 1612, 1614 - 1635, 1701 - 1712, 1714 - 1735
- 7 / IX / BTH 1-7

537 Total Residential Units

- 1 / X / CU1
- 2 / XI / CU2, CU3
- 1 / XII / CU5
- 1 / XIII / CU6
- 9 / XIV / CU7, CU8, CU9, CU10, CU11, CU12, CU14, CU15, CU20
- 1 / XV / CU4
- 2 / XVI / CU13, CU19
- 2 / XVII / CU16, CU17
- 1 / XVIII / CU18
- 1 / XIX / CU21
- 1 / XX / CU22
- 14 / XXI / CU23 [as printed; count of 14 means CU23 - CU36]

36 Total Commercial Units

Exhibit "B", Page 1 of 2.

## PDF page 89 (OR 18938/973) - Sixth Amendment Exhibit "B", page 2 of 2 (CURRENT points and percentages; end of pack)

Points table (No. Units / Type / Points / Total):
3 / I / 1,400 / 4,200; 3 / II / 1,200 / 3,600; 7 / III / 1,000 / 7,000; 4 / IV / 900 / 3,600; 11 / V / 800 / 8,800; 35 / VI / 700 / 24,500; 30 / VII / 600 / 18,000; 437 / VIII / 400 / 174,800; 7 / IX / 300 / 2,100.
537 Total Residential Units ... 246,600.

1 / X / 3,000 / 3,000; 2 / XI / 2,000 / 4,000; 1 / XII / 1,505 / 1,505; 1 / XIII / 200 / 200; 9 / XIV / 155 / 1,395; 1 / XV / 525 / 525; 2 / XVI / 150 / 300; 2 / XVII / 100 / 200; 1 / XVIII / 75 / 75; 1 / XIX / 60 / 60; 1 / XX / 50 / 50; 14 / XXI / 120 / 1,680.
36 Total Commercial Units ... 12,990.

TOTAL ALL UNITS: 259,590.

Percent per type (No. Units / Type / Percent): 3 / I / 0.016179; 3 / II / 0.013868; 7 / III / 0.026966; 4 / IV / 0.013868; 11 / V / 0.033900; 35 / VI / 0.094380; 30 / VII / 0.069340; 437 / VIII / 0.673370; 7 / IX / 0.008090; 1 / X / 0.011557; 2 / XI / 0.015409; 1 / XII / 0.005798; 1 / XIII / 0.000770; 9 / XIV / 0.005374; 1 / XV / 0.002022; 2 / XVI / 0.001156; 2 / XVII / 0.000770; 1 / XVIII / 0.000289; 1 / XIX / 0.000231; 1 / XX / 0.000193; 14 / XXI / 0.006472.

Percentage per Unit (Type / per-unit share): I 0.005393; II 0.004623; III 0.003852; IV 0.003467; V 0.003082; VI 0.002697; VII 0.002311; VIII 0.001541; IX 0.001156; X 0.011557; XI 0.007704; XII 0.005798; XIII 0.000770; XIV 0.000597; XV 0.002022; XVI 0.000578; XVII 0.000385; XVIII 0.000289; XIX 0.000231; XX 0.000193; XXI 0.000462.

Stamp: RECORDED IN OFFICIAL RECORDS BOOK OF DADE COUNTY, FLORIDA. RECORD VERIFIED. HARVEY RUVIN, CLERK CIRCUIT COURT.

Exhibit "B", Page 2 of 2. [End of the Sixth Amendment package; end of the recorded amendments pack. PDF pages 1-89 complete.]
