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6. 1. F. - Page 47 Condominium Building and Building Common Area for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, reconstruction, repair, movement, settlement or shifting of any building or any similar cause. Each Unit, or portion thereof, and the Association Common Area as the dominant tenement has an easement over any other Unit, or portion thereof, or the Association Common Area as the servient tenement for the purposes of accommodating any such encroachments described in the previous sentence. hi addition, each Unit is subject to such encroachments by the Common Area as may now exist or may hereafter be created by any of the causes referred to in this Section. There shall be valid easements for the maintenance of said encroachments as long as they shall exist and the rights and obligations of the Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful misconduct of such Owner or Owners. In the event a structure is partially or totally destroyed and is then repaired or rebuilt in substantially the same manner as originally constructed, the Owners of each Condominium agree that minor encroachments over adjoining Units or the Common Area shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. hi Units where air conditioning equipment or water /utility shut -off valves are installed, an easement over the Common Area into which said equipment encroaches shall exist for the purpose of maintenance, replacement and repair of said equipment. Section 6.6 Right to Grant Easements hi addition to the Exclusive Use Common Areas designated on the Condominium Plan, Declarant reserves the right to grant easements over the Common Area for the exclusive use by an Owner or Owners of contiguous property, the general public or government agency. Any such easement may be conveyed by the Declarant before the last close of escrow for sale of a Condominium in the Property. The purpose of the easement, the portion of the Common Area affected, the Condominium to which the easement is appurtenant (if applicable), and any restrictions on use of the easement area shall be identified in a recorded grant of easement. Section 6.7 Right of Entry. (a) Association The Association has the right to enter each Condominium to inspect the Development, and may take whatever corrective action it determines to be necessary or proper. Entry onto any Condominium Unit under this subsection may be made after at least forty -eight (48) hours advance written notice to the Owner of the Unit except for emergency situations, which shall not require notice. Any damage to the Condominium caused by entry under this subsection shall be repaired by the Association. (b) Declarant Declarant hereby reserves for itself, and for its agents, employees, contractors and /or subcontractors (collectively, "Declarant Parties ") the right to enter any Condominium Unit, Common Area and Annexation Property (i) to perform a periodic inspection of any Condominium Unit, the Common Area, and all improvements thereon, (ii) to complete and /or maintain or repair any improvements within any Condominium Unit and /or the Development Declarant determines necessary or proper, in its sole discretion, (iii) to perform any warranty work Declarant determines necessary or proper in its sole discretion, (iv) to comply with requirements for the recordation of the Map or Condominium Plan or the grading or construction of the Development, and (v) to comply with requirements of applicable governmental agencies. Declarant shall provide at least forty -eight (48) hours notice to an Owner prior to entry into the Owner's Unit under this subsection except for emergency situations, which shall not require prior notice, but shall require notice to the Owner within seven (7) days after such entry was made. During the inspection, the Association shall provide access to the interiors of any Common Area structures. After the inspection, Declarant Parties may give the Association a written report which describes the results of the inspection and makes recommendations for action Declarant Parties believe is appropriate for the Association to take to maintain improvements for which the Association is 37 CCRS -One Marina. docx