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AgdaPkt 2011-12-12
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AgdaPkt 2011-12-12
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Last modified
10/29/2012 8:43:35 AM
Creation date
12/13/2011 2:08:51 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
12/12/2011
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6.1. F. - Page 16 <br /> nat be expended fot• any purpose other than repairing, replacing or adding ta the major <br /> improvements or ��tures tliat the Assaciation is obligated to maintain withtiut tl�e consent af <br /> Owners holdin� a majority af t�e voting powe�• eitl�er at a duly held �eeting o�• by writt�n �a11ot. <br /> D. Regular assessments shall corninenee as to all Lots on the fi�•st day of the <br /> naonth after conveyance of a Lot to a party wha �s not tl�e Decla�•ant oz� at� Affiliate of the <br /> Declarant. For purposes of this Agreement, an "A��liate" of Declarant ineans the me�nbers, <br /> partners or constituent shareholders of Dec�arant, o�' any other partnetship, corporation, limi�ed <br /> �iability coinpany or other entity ownec� oz� cant�'alled by Declarant or by th� satxte per�ons who <br /> own or cont�•ol Declaz�at�t. The Board of Directors shall dete�•mine and �ix the ainount of the <br /> annual regula�• assessment against each Lot and send written notice the�•eof to every Owner at <br /> least forty-five {45} days in advance of each annual assesszne��t period. The Board shall establish <br /> the due dates of assessments. Unless the Board determines otherwise, regular assessments shall <br /> 6e payable in equal one twelfth {1/12th) monthly increinents, due and payable on the fitst day of <br /> eaeh rrZOnth. Special assess�nen�s shall be due and payable wit��in thi�•�y {3�) days after notiee to <br /> the Owners froin the Assaciation. <br /> E. T�1e Association may adopt and �nodify reasonable Rules that are not <br /> ii�consistent wit�� this Decla�•atior► or applicable law zelating to the use of the Common A�•ea and <br /> all its facilities, and the conduct of �wners and theit• tenants and guests with respect to the <br /> Project and the other Owne�•s. <br /> F. Fot• the purpose of performing constt•uction, inaintenance or e�nergency <br /> repair for the benefit a� the Cominon Area or the Owners in co�nmon, the Association's agents <br /> shall have the right, after reasonable j�otice (not less than seventy-two (72) ha�rs except in <br /> emergencies) to the Owner thereof, to enter any Lot o�� to s�ter any po��kion of the Com�nan A�•ea <br /> at reasonable hof�ts. Such entty shall be made with as little incoza�enience to the Ow�jer as <br /> practicable and any damage caused �hereby sl�all be repaired by the Association at the expense of <br /> the Association. <br /> 3.5 Co�nmencement of Association's Duties and Powers: Until the c�osing of sales of <br /> fifty percent (50%} of the Lots in t�e Praject to Persons other than tne Declarant o�• Affiliates of <br /> Declarant, ar such earlier date as the Declaz•a�t �nay determine, all duties and powe��s of t1�e <br /> Association as desc�•i6ed het•ein, including all rights of consent and approval and the Ievying and <br /> collection of Assessments, shali be artd x�einain t1�e duties and powers of Declat�ant. F�•om attd <br /> afte�• the closing of sales of fifty per cent (50°/v) of the Lots in the Project ta Persons other than <br /> the Decla�•ant a�• Af�'iliates af Declarant, or such earliei date as the Declara��t may cletermine by <br /> written noti�cation to the Association, the Association shall assume all af such duties and <br /> powers af management and opera�ion of the Association and the Declarant shall be relie�ed of <br /> any �ut�ther liability fo�• such duties and pawers. <br /> ARTICLE IV <br /> UT�L1TrES <br /> �4,1 Ow��ers Rights and DE�ties: The �•ights and duties af the Owners of Lots within � <br /> the Project with �•espect to sanitary sevver, water, stox•�� drainage, electric, gas, television <br /> AT�'Y/AGR12fll l.133 DECLARATION O�' CGRs-KENTFI�LD <br /> �r;v: t 2�o ut E <br /> -�- <br />
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