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14 <br />6557.03/12309 <br />water, electricity, telephone, gas, cable television, fiber optic cable, and sanitary sewer or storm drainage <br />lines and equipment, and for access to and use of the Association Common Area by Declarant and its <br />subcontractors and agents to construct, maintain and sell the Condominiums and all related improvements <br />and facilities on the Property. The rights retained by Declarant and its subcontractors and agents include <br />the right to restrict access to any portion of the Association Common Area that is undergoing construction <br />or development activity for safety or other reasons by the construction of fences or other barriers, or by <br />the adoption of such other measures that restrict access to authorized personnel only, and the right to use <br />portions of the Association Common Area as staging or storage areas for materials and equipment to be <br />used in connection with the construction of improvements within the Development and Property and to <br />restrict access thereto by means of a fence or otherwise. The rights retained by Declarant and its <br />subcontractors and agents over the Association Common Area shall continue to apply and be effective <br />after annexation of any portion of the Association Common Area and after the Association has accepted <br />such Association Common Area conveyed to it, until such time as Declarant has completed all <br />construction and related activities and conveyed all of its interest in the Property. <br />(e) For any portions of the Annexation Property that may be designated as <br />Association Common Area on a Condominium Plan for a future Phase, as may be further defined and <br />described in a Declaration of Annexation for such future Phase, the provisions of this Section 2.6 above <br />shall apply to such Association Common Area, and the rights and obligations of Declarant described in <br />this Section 2.6 above shall apply with respect to such Association Common Area, including, without <br />limitation, the right of Declarant to designate certain portions of the Association Common Area for <br />conveyance to the Association at a later date. <br />Section 2.7 Construction Activity. Each Owner acknowledges that: (i) the construction of <br />the Development and any future Phases on the Property may occur over an extended period of time; (ii) <br />the quiet use and enjoyment of the Owner’s Unit may be disturbed as a result of the noise, odors, dust, <br />vibrations, and other effects of construction activities; and (iii) the disturbance may continue until the <br />completion of the construction of the Development and any future Phases on the Property. <br /> <br />Section 2.8 Annexation of Additional Property. Additional property may, but is not <br />required to, be annexed to and become subject to this Declaration in one or more subsequent phases in <br />accordance with the provisions set forth in this section. <br /> <br />(a) Annexation Pursuant to Plan. The Annexation Property may be annexed to <br />and become a part of the Development in Phases, subject to this Declaration, and subject to the <br />jurisdiction of the Association, without the assent of the Association or its Members, and without the <br />assent of the Condominium Owners, on condition that: <br /> <br />(1) Plan Approved. Any annexation and development of additional Phases <br />shall be in substantial conformance with a plan of phased development approved by the BRE. The <br />issuance of a Public Report for a Phase by the BRE shall be evidence that the annexation of that Phase <br />was in substantial conformance with a plan of phased development. <br /> <br />(2) Declaration of Annexation. A Declaration of Annexation shall be <br />recorded covering the applicable portion of the property to be annexed. The Declaration of Annexation <br />may, without limitation (i) contain such complementary additions and modifications of the covenants and <br />restrictions contained in this Declaration as are appropriate to include the property to be annexed in the <br />Development, and as may be necessary to reflect the different character, if any, of the added property, and <br />as are not inconsistent with the scheme of this Declaration, (ii) provide a date for commencement of <br />Assessments in the applicable Phase, and (iii) describe additional property, facilities or other <br />improvements to be maintained by the Association. The Declaration of Annexation shall provide that if <br />7.1.K. - Page 18