AgdaPkt 2011-09-12 - Laserfiche WebLink

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6. 1. F. - Page 23 subcontractors and agents to construct, maintain and sell the Condominiums and all related improvements. The rights retained by Declarant and its subcontractors and agents include the right to restrict access to any portion of the Association Common Area that is undergoing construction or development activity for safety or other reasons by the construction of fences or other barriers, or by the adoption of such other measures that restrict access to authorized personnel only, and the right to use portions of the Association Common Area as staging or storage areas for materials and equipment to be used in connection with the construction of improvements within the Development and Property and to restrict access thereto by means of a fence or otherwise. (f) For any portions of the Annexation Property that may be designated as Association Common Area on a future Condominium Plan for a particular future Phase, the provisions of this Section 2.6 above shall apply to such Association Common Area, and the rights and obligations of Declarant described in this Section 2.6 above shall apply with respect to such Association Common Area. Section 2.7 Construction Activity. Each Owner acknowledges that: (i) the construction of the Development and any future Phases on the Property may occur over an extended period of time; (ii) the quiet use and enjoyment of the Owner's Unit may be disturbed as a result of the noise, odors, dust, vibrations, and other effects of construction activities; and (iii) the disturbance may continue until the completion of the construction of the Development and any future Phases on the Property. Section 2.8 Annexation of Additional Property Additional property may be annexed to and become subject to this Declaration in one or more subsequent phases in accordance with the provisions set forth in this section. (a) Annexation Pursuant to Plan. The Annexation Property may be annexed to and become a part of the Development in Phases, subject to this Declaration, and subject to the jurisdiction of the Association, without the assent of the Association or its Members, and without the assent of the Condominium Owners, on condition that: (1) Plan Approved. Any annexation and development of additional Phases shall be in substantial conformance with a plan of phased development approved by the DRE. The issuance of a Public Report for a Phase by the DRE shall be evidence that the annexation of that Phase was in substantial conformance with a plan of phased development. (2) Declaration of Annexation. A Declaration of Annexation shall be recorded covering the applicable portion of the property to be annexed. The Declaration of Annexation may, without limitation (i) contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as are appropriate to include the property to be annexed in the Development, and as may be necessary to reflect the different character, if any, of the added property, and as are not inconsistent with the scheme of this Declaration, (ii) provide a date for commencement of Assessments in the applicable Phase, and (iii) describe additional property, facilities or other improvements to be maintained by the Association. The Declaration of Annexation shall provide that if and only if at the time of the first conveyance of a Condominium in a Phase to be annexed into the Development Declarant has rented or leased Condominiums in that Phase for a period of at least one (1) year, then, and only in such case, concurrently with the closing of the escrow for the first sale of a Condominium in that Phase, Declarant shall pay to the Association amounts for budget reserves as follows: an amount equal to that portion of the Annual Assessments which would have been attributable to each Condominium in that Phase and which would have been allocable to reserves for replacement and deferred maintenance of Common Area improvements in that Phase had the Annual Assessments in that Phase commenced at the time of the most recent budget review for that Phase. 13 CCRS -One Marina. docx