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AgdaPkt 2012-03-19
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AgdaPkt 2012-03-19
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Last modified
3/20/2012 2:54:48 PM
Creation date
3/15/2012 5:34:10 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Agency Type
City Council
Date
3/19/2012
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6.1. B. - Page 102 <br />as a residential community. In order that the work maybe completed and the Project be established <br />as a fully occupied residential community as rapidly as possible, nothing in this Declaration shall be <br />understood or construed to: <br />A. Prevent Declarant, its contractors, or subcontractors from doing on the Project <br />or any Condominium whatever is reasonably necessary or advisable in connection with the <br />completion of the work; or <br />B. Prevent Declarant or its representatives from erecting, constructing and <br />maintaining on the Project (except within Units owned by others), such structures as may be <br />reasonable and necessary for the conduct of its business of completing the work and establishing <br />said Project as a residential community and disposing of the Project in parcels by sale, lease or <br />otherwise; or <br />C. Prevent Declarant from conducting on the Project (except within Units owned <br />by others) its business of completing the work and of establishing a plan of Condominium ownership <br />and of disposing of the Project as Condominiums by sale, lease or otherwise (including use of one <br />(1) or more Condominiums as a sales office or model home); or <br />D. Prevent Declarant from maintaining or displaying such sign(s), pennants, <br />banners and flag(s) anywhere in the Project (except within Units owned by others) as may be <br />necessary for the sale, lease or disposition thereof for the duration of Declarant's marketing; or, <br />E. Subject Declarant to the architectural control provisions of Section 7.9 for <br />construction of any Unit or other improvements on the Project. <br />The foregoing rights of Declarant shall terminate upon sale of Declarant's entire interest in <br />the Project, and, until then, this Section shall not be amended without Declarant's consent. So long <br />as Declarant, its successors and assigns, owns one (1) or more of the Condominiums established <br />and described in this Declaration, Declarant, and its successors and assigns, shall be subject to the <br />provisions of this Declaration. Declarant shall make reasonable efforts to avoid disturbing the use <br />and enjoyment of Condominiums (and the Common Area) by Owners, while completing any work <br />necessary to those Condominiums or Common Area. <br />10.8. Termination of Any Responsibility of Declarant and Acceptance of Obligations <br />by Association: In the event Declarant shall assignor convey all of its right, title and interest in and <br />to the Project to any successor Declarant, then and only in such event, Declarant shall be relieved of <br />the performance of any further duties or obligations under this Declaration arising after such <br />conveyance, and such successor Declarant, shall thereafter be obligated to perform all such duties <br />and obligations of the Declarant. <br />10.9. Owners' Compliance: Each Owner or Occupant of a Condominium shall comply <br />with the provisions of this Declaration, and (to the extent they are not in conflict with the Governing <br />Documents, and the decisions and resolutions of the Association or the Board, as lawfully amended <br />from time to time. Failure to comply with any such provisions, decisions, or resolutions shall be <br />grounds for an action (1) to recover sums due, (2) for damages, (3) for injunctive relief, (4) forcosts <br />and attorneys' fees, or (5) any combination of the foregoing. <br />All agreements and determinations lawfully made by the Association in accordance with the <br />voting percentages established in the Governing Documents shall be deemed to be binding on all <br />Owners, their successors and assigns. <br />58 <br />03/06/12 <br />T:IWPW1N601PR0JECTS1333 MAIN STREETIDEC - DRAFTING FORM[7] [03 06 12].dac <br />
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