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02-14-2005 Council Packet
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02-14-2005 Council Packet
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eflective upon the lecofding of the amendment adding such parcel of Additional Real <br />Estate. Common expense liability shall be reallocated equally among all Units, and <br />voting power shall Im allocated one vote per Unit <br />H. All improvements intended for further phases will be substantially completed prior to <br />annexation of that phase. <br />I. <br />J. <br />In the event additional Real Estate is added to this CIC, the ownen; of Units in all <br />phases will share easement rights in the Common Elements of all phases to the same <br />extent as owners in the Real Estate included within this original E)cclaration share <br />such easements in the original Common Elements. <br />The assurances made in subsections C through I above shall not apply to any <br />Additional Real Estate which is not added to the Real Estate. <br />19.02 Easement for Use of the Driveways and Parking Area . Ilie three Units which arc initially <br />constituted a CIC by the recording of this Declaration and the other seven Units to be located on <br />the Additional Real Estate will share the driveways and parking area located on the C'ommon <br />Area. These driveways and paricing areas are part of the Common Elements of this CIC, but the <br />owners and occupants of any such Units which may be built but are not port of this CIC also need <br />the right to u.se the driveways and parking areas jointly with the Owners and Occupants of this <br />CIC. <br />A. Now therefore. Declarant, as owner of both the Real Estate and the Additional <br />Real Estate, hereby declares that the owners of all or any part of the Additional Real <br />Estate shall have a perpetual, non-cxclusivc easement, ^purtenant to their land, in, over <br />and upon the Common Area for access and parking purposes for themselves, their tenants <br />and their invitees. <br />B. The Association shall at all times maintain the Common Area in good and <br />attractive condition and repair, including periodic sealcoating, striping, signage renewal, <br />and lawn and plant maintenance, and shall keep the paved areas reasonably clear of snow <br />and iec. The owners of those portioas of the Additional Real Estate which have not then <br />been added to this CIC shall reimburse the Association promptly on invoicing for the <br />reasonable cost thereof, in proportion to the number of Units then within and without the <br />CIC. <br />C. In the event the Association neglects any such maintenance to the point that safety <br />and reasonable standards of appearance are affected, the owners of the Additional Real <br />Estate may, after IS days written notice to the Association, undertake such work and <br />invoice the Association for its proportionate share. In the case of a pattern of gross <br />neglect of snow removal responsibilities, the owners of the Additional Real Estate may <br />undertake such work upon reasonable notice to the Association. <br />D. Both the Association and the owners of the Additional Real Estate shall keep in <br />IS
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