AgdaPkt 2011-09-12 - Laserfiche WebLink

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6. 1. F. - Page 22 airspace within his Unit. This Section 2.5 shall not apply to any subdivision or related activities of Declarant in connection with the final completion, build -out or annexation of any portion of the Development. Section 2.6 Conveyance of Association Common Area. (a) All of the Association Common Area that is part of a Phase as shown on the Condominium Plan shall be conveyed to the Association by Declarant. Certain portions of the Association Common Area for a Phase shall be conveyed to the Association prior to the close of escrow of the sale of the first Condominium Unit in that Phase. Other portions of the Association Common Area shall be conveyed to the Association in connection with a future Phase of the Development. (b) That portion of the Association Common Area designated on the Condominium Plan for Phase 1 as "Association Common Area 2" shall be conveyed to the Association prior to the close of escrow of the sale of the first Unit in Phase 1. (c) Because Declarant intends to access and use that portion of the Association Common Area designated on the Condominium Plan for Phase 1 as "Association Common Area F and "Association Common Area 3" for construction activities in connection with the completion of construction of Phase 1, as well as further construction and development of the Property, that portion of the Association Common Area designated on the Condominium Plan for Phase 1 as "Association Common Area F and "Association Common Area 3" shall be conveyed to the Association in connection with a future Phase of the Development, as further described in subsection 2.6(d) below. (d) With respect to any portions of the Association Common Area to be conveyed to the Association by Declarant in connection with a future Phase as described in this subsection 2.6 above, the following shall apply: (1) Declarant shall provide easement(s) over and across such Association Common Area in favor of the Association and Unit Owners for the purposes of access to and use of such Association Common Area as needed to access the Owners' Units. (2) Declarant shall operate, maintain and repair such Association Common Area and related improvements, including all costs related thereto, until such time as the Association Common Area is conveyed to the Association. (e) Once Association Common Area is conveyed to the Association by Declarant, the Association shall be deemed to have accepted such Association Common Area conveyed to it when (i) a grant deed conveying title to such Association Common Area has been recorded in the Official Records and (ii) assessments related to such Association Common Area have commenced. Subject to the rights and obligations of Declarant described in this Section 2.6 above, once Association Common Area is conveyed to the Association, the Association Common Area as the servient tenement is subject to an easement in favor of each Condominium as the dominant tenement for ingress and egress over the walkways and pedestrian and vehicular areas situated on the servient tenement, for support from the land under and adjacent to each Condominium Building, for access to and use of any recreational facilities located on the servient tenement (if any), for access to and use of the Exclusive Use Common Areas appurtenant to an Owner's Unit located therein, for access to and use of (including the right to install, maintain, repair or replace) any utility or related lines and equipment installed within, on or over the servient tenement in order to provide utility or related service to the dominant tenement, including water, electricity, telephone, gas, cable television, fiber optic cable, and sanitary sewer or storm drainage lines and equipment, and for access to and use of the Association Common Area by Declarant and its 12 CCRS -One Marina. docx