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7.1.F. - Page 99
<br /> ARTICLE VI. UTILITIES
<br /> 6.1. Owners' Rights and Duties: The rights and duties of the Owners of Condominiums
<br /> within the Project with respect to sanitary sewer, storm sewer, water, drainage, electric, gas,
<br /> television receiving, telephone equipment, DSL, fiber optic or other cables and lines, collectively,
<br /> "Utility Facilities") shall be as follows:
<br /> A. Whenever Utility Facilities are installed within the Project, which Utility
<br /> Facilities or any portion of those facilities lies in or upon Condominiums owned by other than the
<br /> Owner of a Condominium served by those Utility Facilities, the Owners of any Condominium served
<br /> by those Utility Facilities shall have the right of reasonable access for themselves or for utility
<br /> companies to repair, replace and generally maintain those Utility Facilities as and when necessary,
<br /> due to failure or inability of the Board to take timely action to make such repairs or perform such
<br /> maintenance.
<br /> B. Whenever Utility Facilities serving more than one (1) Condominium are
<br /> installed within the Project, the Owner of each Condominium served by those Utility Facilities shall
<br /> be entitled to the full use and enjoyment of such portions of those Utility Facilities as service his or
<br /> her Condominium.
<br /> C. In the event of a dispute between Owners with respect to the repair or
<br /> rebuilding of Utility Facilities, or with respect to the sharing of the cost of those facilities, then,
<br /> upon written request of one (1) Owner addressed to the other Owner(s), the matter shall be
<br /> submitted first to the Board for mediation, and thereafter, if the dispute remains unresolved, to
<br /> binding arbitration within sixty (60) days pursuant to Section 9.15.E. The decision of the
<br /> arbitrator(s) shall be final and conclusive on the parties, and judgment on the decision may be
<br /> entered in any court having jurisdiction.
<br /> 6.2. Easements for Utilities and Maintenance: Easements over, under and through the
<br /> Project, including soffits and utility chases within Units, if any, for the installation, repair, and
<br /> maintenance of Utility Facilities and landscaping as shown on the Map, and as may be hereafter
<br /> required or needed to service the Project, are reserved by Declarant and its successors and
<br /> assigns, until the completion of construction of the Project and sale of the Condominiums under
<br /> authority of a Public Report, and thereafter are reserved by and for the benefit of the Association
<br /> and its Members, together with the right to grant and transfer the same. The easements shall be
<br /> in favor of Declarant, and its successors and assigns, and in favor of the Association.
<br /> In case of any variance between the Condominium Plan and the final "as-built" plans with
<br /> respect to the locations of said Utility Facilities, the "as-built" plans shall be determinative as to the
<br /> location of said Utility Facilities, and hence, the location of the easements to accommodate such
<br /> Utility Facilities. In case of any variance between the "as-built" plans and the actual location of the
<br /> Utility Facilities, the actual location shall control.
<br /> 6.3. Easements for Utilities and Maintenance. Easements over and under the Project
<br /> for (a) the installation, operation, repair and maintenance of electric, telephone, water, gas and
<br /> sanitary sewer Lines and facilities, (b) heating and air-conditioning Lines and facilities, (c) cable or
<br /> master television antenna Lines and facilities, (d) drainage Lines and facilities, and (e) walkways
<br /> and landscaping, as such easements are recorded or are needed to service the Project or any
<br /> portion thereof, arc hereby reserved by Declarant and Declarant's successors and assigns together
<br /> with the right to grant and transfer the same.
<br /> 6.4. Commercial Owner — Rights to Install Utilities. The Owner of a Commercial Unit
<br /> shall have the right to install any utilities, vents, ducting, or equipment as is reasonably necessary
<br /> to conduct the businesses contained in the Commercial Unit. This right shall include the right to
<br /> install a central radio and/or television antenna system, cable television system, satellite dish or
<br /> other central television reception system on the roof of the Building in which the Commercial Unit
<br /> is located. Such right shall include without limitation the right of access to any portion of the
<br /> Common Area as needed to perform such installation(s) and for the purpose of any related
<br /> maintenance and repair. No such utilities, vents, ducting, or equipment shall be installed in any
<br /> portion of the Project without first obtaining all required permits and approvals from the City
<br /> Planning Department, Department of Building Inspection and all other applicable agencies.
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