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7.1.F. - Page 102 <br /> of the Unit for Café Operation. If the Unit Owner fails to so cease and desist in such Café <br /> Operation after such 30 days, then the Association shall be entitled to seek injunctive relief. In <br /> any action brought by the Association with respect to the foregoing, the Association shall be <br /> entitled to reimbursement for any and all legal fees and costs, as well as a judgment with respect <br /> to the discontinuation of such Café Operation. <br /> (3) Food preparation and service ancillary to an allowed use of a <br /> Commercial Unit shall be permitted provided that such does not entail or require grease traps or <br /> venting outside the Commercial Unit and is conducted in a manner that limits odors from the space <br /> to a commercially reasonable extent from emanating or extending outside of the Commercial Unit <br /> space. <br /> (4) Coffee or other nonalcoholic beverage services shall be an allowed <br /> use of a Commercial Unit provided that there shall be no roasting of coffee beans within the <br /> Premises. <br /> (5) The Commercial Units and any individual commercial tenant <br /> space contained therein shall be permitted to stay open for business during the hours permitted by <br /> the applicable ordinances of the City, including opening as early in the morning, and <br /> remaining open for business as late at night, as permitted by the applicable ordinances of <br /> the City. In furtherance of the foregoing, and without limitation, a Commercial Unit and any <br /> individual commercial tenant space contained therein shall be permitted to be open for <br /> business at least between the hours of 6:00 a.m. and 12:00 midnight daily. <br /> (6) A Commercial Unit Owner and Commercial Tenants shall be <br /> permitted to use all portions of the sidewalk adjacent to and in front of the Commercial Unit for <br /> outdoor or patio seating for a Café Operation from the hours of 8:00 a.m. through 9:00 p.m. <br /> and on Friday and Saturday nights the outdoor or patio seating shall be permitted to remain in <br /> use until 10:00 p.m., subject to permits granted by the City. <br /> (7) No amplified or recorded music and television shall be permitted within <br /> the interior of the Commercial Unit and in any individual commercial tenant space <br /> contained that is audible from outside of the Commercial Unit; no outdoor speakers shall <br /> be allowed. The volume of the music and/or television within the Commercial Unit shall be <br /> maintained at a level to minimize excess noise and vibration to the Residential Units. <br /> (8) A Commercial Unit Owner and Commercial Tenants shall, <br /> subject to reasonable Rules that may be adopted by the Association that do not <br /> materiality or unreasonably impair the use of such areas by the Commercial <br /> Owner of a Commercial Unit or their tenants or other invitees, be permitted to use <br /> (i) the ground level of the Garage and the door and entries to the Garage in accordance with a <br /> parking license agreement for shared use parking by the Commercial Owner as set forth in Section <br /> 2.4.B between the Commercial Unit Owner and the Declarant as long as Declarant holds <br /> Declarant's Rights [or with the Association after Declarant no longer retains such Declarant <br /> Right's, provided that no such parking license agreement by Declarant shall be modified by the <br /> Association without the Commercial Owners agreement and consent]; (ii) electric and gas metering <br /> equipment located in the Common Area serving the particular Commercial Unit subject to utility <br /> provider rules and regulations, (iii) mechanical equipment located in the Common Area and <br /> serving the Commercial Unit or any individual commercial tenant apace in a Commercial Unit; <br /> (iv) the roof on the Building for installation, maintenance and repair of communications <br /> equipment serving the Commercial Unit or any such individual commercial tenant space; (v) <br /> any corridors or other portions of the Common Area containing any mechanical, electrical or other <br /> equipment serving the Commercial Unit or any individual commercial tenant apace; (vi) the <br /> subterranean Garage area for installation, maintenance and repair of plumbing, sewer, and <br /> other equipment serving the Commercial Unit or any individual commercial tenant space. <br /> Permitted uses of the ground level and subterranean Garage areas and Garage doors by the <br /> Commercial Unit Owners and Commercial Tenants shall include, without limitation, (i) removal <br /> of trash and recycling containers to and from the Commercial Unit or individual tenant spaces <br /> to the street for pick up; (ii) receiving, delivery, loading and unloading of goods and merchandise <br /> and (iii) accessing utility facilities that provide services to the Commercial Unit. <br /> 39 <br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc <br />