|
7.1.F. - Page 74
<br /> F. Exclusive Use Common Areas — Commercial Units:
<br /> (1) Elements of the heating, ventilating and air conditioning ("HVAC")
<br /> equipment that serve the Commercial Units are located in the Garage portion of the Common Area
<br /> of the Project, as shown on the Condominium Plan. Each Commercial Unit shall have the rights of
<br /> access over and across those portions of the Common Area as needed to access such elements
<br /> of the HVAC equipment, and shall have an exclusive right to install, maintain, repair and replace
<br /> such HVAC equipment in the designated area as an Exclusive Use Common Area including the
<br /> right to run lines and pipes from such HVAC equipment to the Commercial Unit.
<br /> (2)The Commercial Units shall be allowed to install communications
<br /> devices or equipment that serves the Commercial Unit on the roof areas immediately above the
<br /> Commercial Unit or other areas within the Common Area that are agreed upon by the Declarant.
<br /> (3) Commercial Unit Sewer Line. Each Commercial Unit shall have an
<br /> exclusive easement for the installation, operations, maintenance, repair and replacement of a
<br /> sanitary sewer line that runs or will run from each Commercial Unit over and across the Common
<br /> Area to the public sewer lines that serves the Project or to the Project's common sewer line.
<br /> (4)The Owner of each Commercial Unit shall have the exclusive right to
<br /> install signage identifying the Owner or the tenant or other Occupant of the Commercial Unit on the
<br /> exterior façade of the Building in the areas immediately adjacent to the window walls of the
<br /> Commercial Unit subject to and in accordance with Section 7.2.B.
<br /> The provisions of this Section 2.2.F may not be amended, revised or deleted without the prior
<br /> written approval and consent of all of the Commercial Owners.
<br /> G. Reserved Rights of Declarant and Board over Common Areas: The Board
<br /> or Declarant (as long as Declarant owns twenty-five percent (25%) or more of the Condominiums
<br /> in the Project shall have the power and the right in the name of the Association and all of the
<br /> Owners as their attorney-in-fact to grant, convey or otherwise transfer to any Owner or any other
<br /> Person fee title, easements, leasehold estates, exclusive use easements or rights, licenses, lot-line
<br /> adjustments, rights-of-way and/or dedications in, on, over or under the Common Area or other
<br /> property interests in order to: (i) construct, erect, operate, maintain or replace lines, cables, wires,
<br /> conduits or other devices for electricity, cable television, Internet services, fiber optics,
<br /> telecommunication equipment, power, telephone and other purposes, public sewers, storm water
<br /> drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes and any
<br /> similar public or quasi-public improvements or facilities; (ii) accommodate any encroachment that in
<br /> the sole discretion of the Board or Declarant does not unreasonably interfere with the use and
<br /> enjoyment of the Common Area; or (iii) accomplish any other purpose that in the sole discretion of
<br /> the Board or Declarant is in the interest of the Association and its Members and does not
<br /> unreasonably interfere with the use enjoyment of the Common Area. Each Owner in accepting a
<br /> deed to a Condominium expressly consents to such action and authorizes and appoints the
<br /> Association and Declarant (as long as Declarant owns twenty-five percent (25%) or more of the
<br /> Condominiums in the Project) as attorney-in-fact of such Owner to execute and deliver all
<br /> documents and interests to accomplish the action, including, but not limited to, grant deeds,
<br /> easements, subdivision maps, and lot-line adjustments. Notwithstanding anything herein to the
<br /> contrary, in no event shall the Board or Declarant take any action authorized hereunder that would
<br /> permanently and unreasonably interfere with the use, occupancy and enjoyment by any Owner of
<br /> his or her Condominium or any Exclusive Use Common Area without the prior written consent of
<br /> that Owner. Furthermore, the conveyance of fee title to any portion of the Common Area as
<br /> authorized in this Section 2.2.G (other than conveyances made as a part of lot-line adjustments)
<br /> shall require the consent of a majority of the total voting power of the Association other than
<br /> Declarant and such consent of the Mortgagees as may be required by Section 9.6.
<br /> 2.3. Partition Prohibited: The Common Area shall remain undivided as set forth above
<br /> in Section 2.2.C. Except as provided by Civil Code § 4610 or authorized under Sections 8.2.B or
<br /> 8.3, no Owner shall bring any action for partition of an part of the Common Area, it being agreed
<br /> that this restriction is necessary in order to preserve the rights of the Owners with respect to the
<br /> operation and management of the Project. Judicial partition by sale of a single Condominium
<br /> owned by two (2) or more persons and division of the sale proceeds is not prohibited by this
<br /> paragraph. Any proceeds or property resulting from a partition shall be distributed to and among
<br /> the respective Owners and their Mortgagees as their interests appear in proportion to the ratio that
<br /> the fair market value of each Owner's Condominium bears to the fair market value of all Owners'
<br /> Condominiums as of the date immediately preceding the date of the event giving rise to the right
<br /> of the Owners to partition the Common Area.
<br /> 11
<br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc
<br />
|