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7.1.F. - Page 80 <br /> Communications Easements are and shall be freely transferable by Declarant to any other Person <br /> and their successors and assigns (subject to other existing agreements of instruments of record). <br /> Declarant shall have the continuing right to license, grant, lease, assign, convey or otherwise <br /> transfer or permit use of such Communications Easements and Communications Systems and the <br /> rights over and across such Common Areas relative to such Communications Systems and the <br /> exclusive rights to obtain and retain any and all revenue therefrom. No one, except for Declarant <br /> and Declarant's transferees may use the Common Areas for Communications Systems. All <br /> Communications Facilities shall be owned, leased or licensed by Declarant or its transferees, as <br /> determined by Declarant, in its sole discretion and business judgment. Transfer of any portion of <br /> the Project by the Declarant does not imply transfer of any Communications Easements or <br /> Communications Facilities. The use of such Communications Systems shall not materially interfere <br /> with the general operations of the Project, or of any Condominium Project or Condominium Unit, or <br /> the use of the Common Areas by the Association or any Owner of a Condominium Unit, to the <br /> extent that such Association or Owner has such rights of use under this Declaration. The holders <br /> of the Communications Easements may not exercise the rights reserved hereunder in any manner <br /> which will unreasonably interfere with the reasonable use and enjoyment of the Project by any <br /> Owner. If the exercise of any Communications Easement results in damage to the Project, then the <br /> easement holder who caused the damage shall, within a reasonable period of time, repair such <br /> damage. If Declarant has not conveyed the Communications Easements in the Project to another <br /> Person before the last Close of Escrow of a Condominium Unit in the Project from Declarant, then <br /> Declarant shall be deemed to have granted the Communications Easements to the Association <br /> effective as of the last of closings of escrows of a Condominium Unit in the Project from Declarant. <br /> Neither the Association nor any Owner shall interfere with the rights of the Declarant as to <br /> Communications Easements and Communications Facilities or of any Person or entity to which <br /> Declarant transfers such rights. <br /> 2.8. Annexation of Additional Property: Additional property may be annexed to and <br /> become subject to this Declaration by any of the following methods set forth in this Section. Upon <br /> Annexation, and after the first close of escrow of a sale of a Unit in the Annexation Property under <br /> a Public Report, the additional property shall become a portion of the Project, and be subject to <br /> this Declaration without the necessity of amending any of its individual Sections. <br /> A. Annexation Pursuant to Plan: The Annexation Property may be annexed to <br /> and become a part of the Project in Phases, subject to this Declaration, and subject to the <br /> jurisdiction of the Association, without the assent of the Association or its Members, or without the <br /> assent of the Condominium Owners, on condition that: <br /> (1) Declaration of Annexation: A Declaration of Annexation shall be <br /> recorded covering the applicable portion of the Annexation Property to be annexed. The <br /> Declaration of Annexation may contain such complementary additions and modifications of the <br /> covenants and restrictions contained in this Declaration as may be necessary to reflect the different <br /> character, if any, of the Annexation Property, and as are not inconsistent with the scheme of this <br /> Declaration. The Declaration of Annexation shall require the payment by the Declarant to the <br /> Association, concurrently with the closing of the escrow for the first sale of a Condominium in an <br /> annexed Phase, of appropriate amounts for Reserves for replacement or deferred maintenance of <br /> Common Area improvements in the annexed phase necessitated by or arising out of the use and <br /> occupancy of residential Condominiums under a rental program conducted by the Declarant which <br /> has been in effect for a period of at least one (1) year as of the date of closing of the escrow for <br /> the first sale of a Condominium in the annexed phase. <br /> (2)Annexation Pursuant to Approval: Property other than the Annexation <br /> Property may be annexed to the Project upon approval in writing of the Association, pursuant to <br /> vote or written consent of a two-thirds (2/3rds) majority of the voting power of its Members, <br /> excluding the Declarant, and the approval of Eligible Mortgage Holders as may be required under <br /> Section 9.6. Upon such approval, the Owner of such property may file of record a Declaration of <br /> Annexation. Upon the recording of such Declaration of Annexation, the annexed property shall be <br /> subject to the jurisdiction of the Association. <br /> (3) Effect of Annexation: Assessments collected from Owners may be <br /> expended by the Association without regard to the particular Phase from which such Assessments <br /> came. All Owners shall have ingress and egress to all portions of the Common Area throughout <br /> the Project, subject to the provisions of the Governing Documents in effect from time to time. <br /> 17 <br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc <br />