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7.1.L. - Page 59
<br /> (any deductibles or costs in excess of available coverage amounts shall be paid by the Owner); (vi) all
<br /> easement uses shall comply with the covenants, rights, duties and restrictions set forth in this Declaration,
<br /> with all applicable laws and ordinances, and with any Rules adopted by the Board under the provisions of
<br /> Section 5.6.2; (vii) each easement granted hereunder exists by virtue of this Declaration, without the
<br /> necessity of confirmation by any other documents; (viii) the easements are nonexclusive unless expressly
<br /> provided otherwise; (ix)no nonexclusive easement provided or reserved under this Declaration shall restrict
<br /> the Owner of the servient tenement from granting other easements or interests therein as long as the other
<br /> easement or interest does not unreasonably interfere with the easement rights of the dominant tenement; (x)
<br /> easement access and use rights are subject to the rights reserved in Section 2.5 and the rights of Declarant
<br /> as described in Section 12.10.
<br /> 2.5 Other Easements. Each Condominium and the Association Property benefit and are bound
<br /> by such other easements, rights-of-way,or dedications as may be granted or reserved on the Map,any deed
<br /> to the Condominium or Association Property, or in any other appropriate public record.
<br /> 2.6 Department of Public Works Access Rights. The backflow prevention devices are located
<br /> outside the building footprint and above grade and may be accessed by the Public Works Department, its
<br /> agents and assigns from the public right-of-way. A master public water meter is located at grade outside the
<br /> building footprint and can also be accessed by the Public Works Department.
<br /> 2.7 Reservation of Rights. Notwithstanding any property rights,including easements,described
<br /> herein, each Condominium and the Association Property, as the case may be, are subject to each of the
<br /> following:
<br /> (i) the right of Declarant or its agents to enter on any portion of the Development to
<br /> construct and sell the Improvements that Declarant intends to construct within the Development, to make
<br /> repairs, and to correct any construction problems thereon, provided that such entry does not unreasonably
<br /> interfere with the use or occupancy of any occupied Condominium unless authorized by its Owner, which
<br /> authorization shall not be unreasonably withheld;
<br /> (ii) the right of the Association's agents to enter any Condominium to cure any violation
<br /> or breach of this Declaration or the Bylaws or the Rules, provided that at least 30 days'prior written notice of
<br /> such violation or breach (except in the cases of emergency) has been given to the Owner and provided that
<br /> within the 30-day period such Owner has not acted to cure such violation or breach;
<br /> (iii) the right of the Association's agents to enter any Condominium to perform its
<br /> obligations and duties under this Declaration, including the obligations and the duties with respect to
<br /> inspection, maintenance, repair or replacement of any Common Area Improvement;
<br /> (iv) the rights reserved in Sections 2.8, 2.10 and 14.10.
<br /> 2.8 Authority Over Common Area. The Board or Declarant(as long as Declarant owns 25%or
<br /> more of the Condominiums in the Development) shall have the power and the right in the name of the
<br /> Association and all of the Owners as their attorney-in-fact to grant,convey or otherwise transfer to any Owner
<br /> or any other Person fee title,easements, leasehold estates,exclusive use easements or rights, licenses, lot-
<br /> line adjustments, rights-of-way and/or dedications in,on,over or under the Common Area(except Exclusive
<br /> Use Common Area)in order to: (i)construct,erect,operate, maintain or replace lines,cables,wires,conduits
<br /> or other devices for electricity,cable television, internet services,fiber optics,telecommunication equipment,
<br /> power,telephone and other purposes, public sewers,stormwater drains and pipes,water systems,sprinkling
<br /> systems, water, heating and gas lines or pipes and any similar public or quasi-public Improvements or
<br /> facilities; (ii) accommodate any encroachment that in the sole discretion of the Board or Declarant does not
<br /> unreasonably interfere with the use and enjoyment of the Common Area;or(iii)accomplish any other purpose
<br /> that in the sole discretion of the Board or Declarant is in the interest of the Association and its Members and
<br /> does not unreasonably interfere with the use and enjoyment of the Common Area. In accepting a deed to a
<br /> Condominium, each Owner expressly consents to such action and authorizes and appoints the Association
<br /> and Declarant (as long as Declarant owns 25% or more of the Condominiums in the Development), as
<br /> CLSS\51643\927586.5 5 June 16,2014
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