AgdaPkt 2014-06-23 Closed and Joint SA

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7.1.L. - Page 61 2.10.3 Individual Garages. The individual enclosed garages and stairwells within the garages identified as" "on the Condominium Plan are Exclusive Use Common Area garages reserved for the exclusive use of(i) the Occupants of the Unit that has direct access to the individual garage via a stairwell, or (ii) the Occupants of the Unit to which the individual garage is assigned, as shown in the Condominium Plan. 2.10.4 Individual Parking Spaces. The parking spaces within the garage designated through on the Condominium Plan are Exclusive Use Common Area parking spaces. Each Condominium without an Exclusive Use Common Area individual garage will be assigned the exclusive use of at least one of the Exclusive Use Common Area parking spaces. The assignment shall be made by Declarant and shall be reflected in the records of the Association pursuant to terms and conditions as agreed upon by Declarant and the assignee. Any consideration received by Declarant for the assignment is the sole and exclusive property of the Declarant. Declarant's right to assign parking spaces as Exclusive Use Common Area parking spaces shall terminate on the first anniversary of the date Declarant transfers title to the last Condominium in the Development or at such earlier date as the Declarant shall notify the Association in writing. Any unassigned spaces after Declarant's assignment rights terminate shall be under the jurisdiction of the Association. The Board may adopt Rules regulating the use of these spaces and may license any unassigned parking spaces to Occupants of Condominiums, provided the license and any renewal thereof does not exceed 12 months. 2.10.5 Handicapped Parking Spaces. If a Condominium is assigned an Exclusive Use Common Area parking space that is a handicapped space,the Occupants of that Condominium may park in the handicapped space even if not licensed to use a handicapped space. If a resident of a Condominium is licensed to use a handicapped space but the Condominium has not been assigned an Exclusive Use Common Area handicapped parking space,the resident may submit a written notice to the Board requesting to exchange the non-handicapped space for a handicapped space. If no Owners of a Condominium with handicapped spaces voluntarily agrees to the exchange, the Board shall conduct a lottery to select the Condominium that will be required to make the exchange. The exchange shall be temporary and shall terminate automatically on the date the Occupant is no longer authorized to use a handicapped space or the Condominium to which the handicapped space has been temporarily exchanged no longer has an Occupant licensed to use a handicapped space. This exchange procedure only applies to permanent residents licensed to use a handicapped space and not guests. 2.10.6 Porches and Exterior Stairs. The porch and exterior stairs adjacent to Units 1, 7, 9, 10, 11, 12, 13 and 18 are Exclusive Common Use Area are reserved for the exclusive use of the Occupants of the Unit that has direct access to the porch and stairs. 2.10.7 Air Conditioning Condensers. The areas containing concrete pads,air conditioning condensers and related equipment are Exclusive Use Common Areas reserved for the exclusive use of the Occupants of the Unit serving the equipment. 2.11 Stormwater Agreement. The City and Declarant entered into the Stormwater Agreement described in Section 1.29 regarding the stormwater treatment measures for this Development. Effective on the date the Association commences its operation as described in Section 5.1,the Association shall assume the rights and duties of the Declarant under the Stormwater Agreement, including duties relative to: operation and management of the stormwater treatment measures described in the Site Plan, Manufactured Stormwater Treatment Measures Maintenance Plan, and Treatment Measure Inspection and Maintenance Checklist,all attached to the Stormwater Agreement;sediment accumulation management;annual inspection and reporting requirements; modifying treatment measures as required by the City;indemnifying the City;and reimbursing the City to the extent required under the Stormwater Agreement. The Board shall have all right, power and authority to take all actions under the Stormwater Agreement on behalf of the Association and the consent of the members shall not be required. CLSS\51643\927586.5 7 June 16,2014