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13 <br />6557.03/12309 <br /> <br />Section 2.6 Conveyance of Association Common Area. <br /> <br />(a) All of the Association Common Area that is part of a particular Phase as shown <br />on the Condominium Plan shall be conveyed to the Association by Declarant. Certain portions of the <br />Association Common Area for a Phase shall be conveyed to the Association prior to the close of escrow <br />of the sale of the first Condominium Unit in that Phase. Other portions of the Association Common Area <br />shall be conveyed to the Association in connection with a future Phase of the Development. <br />(b) Because Declarant intends to access and use certain portions of the Association <br />Common Area for construction activities in connection with the completion of construction, further <br />subdivision, sale or leasing of the Property, as well as further construction and development of the <br />Property, certain portions of the Association Common Area designated on the Condominium Plan shall be <br />conveyed to the Association in connection with a future Phase of the Development, as further described in <br />subsection 2.6(d) below. <br />(c) With respect to any portions of the Association Common Area to be conveyed to <br />the Association by Declarant in connection with a future Phase as described in this subsection 2.6 above, <br />the following shall apply: <br />(1) Declarant shall provide nonexclusive easement(s) over and across such <br />Association Common Area in favor of the Association and Unit Owners for the purposes of access to and <br />use of such Association Common Area as needed to access the Owners’ Units. <br />(2) Declarant shall operate, maintain and repair such Association Common <br />Area and related improvements, including all costs related thereto, until such time as the Association <br />Common Area is conveyed to the Association. <br />(3) Each such portion of the Association Common Area shall be conveyed to <br />the Association by Declarant no later than: <br />(i) For the first Phase, the date that is three (3) years after the <br />sale of the first Condominium Unit in that Phase; or <br />(ii) For future Phase(s), the date that is three (3) years after the <br />sale of the first Condominium Unit in the Phase in which the subject Association Common Area is <br />located. <br />(d) Once Association Common Area is conveyed to the Association by Declarant, <br />the Association shall be deemed to have accepted such Association Common Area conveyed to it when (i) <br />a grant deed conveying title to such Association Common Area has been recorded in the Official Records <br />and (ii) assessments related to such Association Common Area have commenced. Subject to the rights <br />and obligations of Declarant described in this Section 2.6 above, once Association Common Area is <br />conveyed to the Association, the Association Common Area as the servient tenement is subject to a <br />nonexclusive easement in favor of each Condominium as the dominant tenement for ingress and egress <br />over the walkways and pedestrian and vehicular areas situated on the servient tenement, for support from <br />the land under and adjacent to each Condominium Building, for access to and use of any recreational <br />facilities located on the servient tenement (if any), for access to and use of the Exclusive Use Common <br />Areas appurtenant to an Owner’s Unit located therein, for access to and use of (including the right to <br />install, maintain, repair or replace) any utility or related lines and equipment installed within, on or over <br />the servient tenement in order to provide utility or related service to the dominant tenement, including <br />7.1.K. - Page 17