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AgdaPkt 2014-05-12 Joint with Planning
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AgdaPkt 2014-05-12 Joint with Planning
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Last modified
5/13/2014 10:20:56 AM
Creation date
5/8/2014 4:38:52 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council
Date
5/12/2014
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7.1.F. - Page 76 <br /> The provisions of this Section 2.4.B may not be amended, revised or deleted without the prior <br /> written approval and consent of all of the Commercial Owners. <br /> C. Operations of Garage: The Garage shall be operated by the Declarant, or, <br /> at Declarant's discretion, by a parking garage manager, under a parking management agreement, <br /> until such time as Declarant either (1) relinquishes such operational responsibilities to the <br /> Association, or (2) the Declarant no longer owns any Residential Units, after which time such <br /> operational responsibilities for the Garage shall be assigned to and undertaken by the Association. <br /> The Declarant, or the Association, after such time as such operational responsibilities for the <br /> Garage are undertaken by the Association, may enter into parking garage operational and <br /> management agreements with parking garage operators to manage and operate the Garage. As <br /> long as Declarant has the right of Parking Licenses under this Declaration, Declarant shall have <br /> the right to approve any such parking garage manager. Declarant, as long as Declarant has and <br /> retains Declarant's Rights hereunder, and the Association shall have the rights to the use of the <br /> Parking Spaces in the CU-A Parking Area and the CU-B Parking Area for general parking after <br /> normal business hours, with the rights to make such parking available to the general public or to <br /> Residential Unit Owners on such basis that the Declarant or the Association deems appropriate, <br /> including charging for the use of such Parking Spaces. During the times that the Commercial <br /> Owner of Commercial Unit A has rights of use of Parking Spaces in the CU-A Parking Area, the <br /> Commercial Owner of Commercial Unit A shall have the right, at its discretion to charge for the <br /> use of such Parking Spaces. <br /> D. Allocation of Garage Common Expenses: The costs and expenses of the <br /> Garage maintenance, repair and operations, including any reserves for Garage improvements and <br /> equipment and those expenses incurred under any parking management agreement ("Garage <br /> Common Expenses") shall be allocated to the Garage for calculation of the Parking Charges to be <br /> paid by the Owners and others that are provided a Parking License. The Garage Common <br /> Expenses shall be divided and allocated among the users of Parking Licenses as the Parking <br /> Charges. The prorated allocation of the Garage Common Expenses to the Declarant or to an <br /> Owner who has been provided a Parking License shall be charged by the Association to the <br /> Declarant or such Owner as a Parking Charge. Until such time as Declarant provides a Parking <br /> License to an Owner for the use of a Parking Space, Declarant shall be responsible for prorated <br /> Garage Common Expenses allocated to that Parking Space. Declarant may enter into temporary <br /> parking arrangements for the use of such Parking Spaces ("Temporary Parking Rights") until such <br /> time as Declarant has licensed or assigned non-exclusive and exclusive rights for the use of such <br /> Parking Spaces to Owners. <br /> E. Designated Parking Licenses: Declarant may designate certain of the <br /> Parking Spaces as "Designated Parking Spaces" which Declarant may license or otherwise assign <br /> by the Declarant to Residential Owners under written Parking License Agreements as Designated <br /> Exclusive Use Parking Spaces. Declarant may license or otherwise assign such Designated <br /> Exclusive Use Parking Spaces to an Owner for such a length of time as the Declarant deems <br /> appropriate, for as long as this Declaration is still in force and effect. The Owner who has been <br /> licensed or otherwise assigned such a Designated Exclusive Parking Space shall have the <br /> exclusive right to park his or her vehicle in such Parking Space for the duration of such Parking <br /> License Agreement, as long that Owner complies with the terms of this Declaration and with the <br /> Parking License Agreement, including payment of the prorated Parking Charges for the use of such <br /> Parking Space. The rights of the Owner who has been licensed or assigned a Designated Parking <br /> Space shall be deemed to appurtenant to the Owner's Residential Unit, and such Owner shall <br /> entitled to transfer or assign its rights of use under the Parking License Agreement to a tenant or <br /> other occupant of its Unit, in accordance with the provisions of the Parking License Agreement. <br /> Upon the sale or transfer of a Unit by an Owner who has been licensed or assigned a Designated <br /> Parking Space, the Owner shall be deemed to have transferred or assigned its rights of use under <br /> the Parking License Agreement to the Person or Persons who acquired the Unit. A Residential <br /> Owner who has been licensed or assigned a Designated Parking Space may assign or otherwise <br /> transfer his or her rights of use under the Parking License Agreement to another Owner of a <br /> Residential Unit in the Project for use by the Occupants of that Residential Unit in accordance with <br /> the provisions of the Parking License Agreement. <br /> F. Parking License Agreement: Each Person who is licensed or assigned the <br /> right to park in the Garage as a Designated Parking License, as hereinafter described, shall <br /> execute a written "Parking License Agreement" with the Declarant [or after Declarant no longer <br /> 13 <br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc <br />
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