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04-25-2005 Council Packet
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04-25-2005 Council Packet
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paved areas; maintenance, repair, painting and replacement of lighting fixtures, directional signage; <br />planting, removing, mowing, trimming, replanting, raking and fertilizing of grass, shrubs, trees and <br />other plantings; the nuuntenance and repair of exterior surfaces of all buildings on the Real Estate, <br />including, without limitation, the painting and staining of same as often as necessary, the <br />rqidacement of trim and caulking, the maintenance and repair of roofs, gutters, downspouts and <br />overhangs, the maintenance and repair of exterior windows and doors, and the painting and <br />decorating of the exterior surface of exterior dows and exterior wiiulow sashes. The Association <br />shall not be reqwnsible for washing windows. In addition, the Association shall be responsible for <br />snowplowing all driveways, parking areas and paved walkways throughout the Real E^te. In the <br />event that the need for mainteiunce or rqiair is caused through the willful or negligent act or <br />omission ofan owner or the owner's tenants or invitees, the cost of such maintenance or repair shall <br />be added to and become a part of the assessment to which such Unit is subject. <br />12.02 Services . The Association may obtain and pay for the services of any persons or <br />entities, to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such <br />other personnel as the Association shall determine to be necessary or desirable for the |Hoper <br />operation of the Real Estate, whether such personnel are furnished or employed directly by the <br />Association or by any person or entity with >«dK)m or which it contracts. The Association may obtain <br />and pay for legal and accounting services necessary or desirable in connection with the operation of <br />the Real Estate or the enftNcement of this Declaration. The Association may arrange with others to <br />furnish trash collection and other common services to each Unit. <br />12.03 Personal Property and Real Estate for Common Use. The Association may acquire <br />and hold for the use and benefit of all of the owners tangible and intangible personal property and <br />real estate and may dispose of the same by sale or otherwise. Such beneficial interest shall not be <br />transferable except with the transfer of title to a Unit, provided that an owner may delegate its right <br />of eidoyment of such pnqrerty to tenants of its Unit A transfer of title to a Unit shall transfer to the <br />transferee ownership of ^ transferor's beneficial interest in such property in accordance with the <br />purpose firr which it is intended, without hindering or encroaching upon the lawful rights of other <br />owners. The transfer of title to a Unit under foreclosure shall entitle the purchaser to the beiteficial <br />interest in such property associated with the foreclosed Unit <br />12.04 Utilities. The Association shall maintain, replace and repair only those sewer and <br />water lines and other utilities which (i) serve only the Common Area or (ii) are not maintained by the <br />City or a utility company. <br />13.00 OWNERS' MAINTENANCE <br />13.01 Upkeep and Maintenance . Except only as such work is provided by the Association, <br />all rruuntenance, repair and replacenrent of all Office Structures, Atriums and other fixtures located <br />with a Unit shall be die sole obligation and expense of the owner thereof (or in the case of a shared <br />Atrium, the adjoining owners^ who shall maintain the same in a reasonably clean, neat, attractive <br />and safe exterior condition and in accordance with the architectural standards established by this <br />Declaration, failing which the Association, on thirty (30) ditys* prior written notice, may (but is not <br />U . <br />r ■ . .1■1H-* -
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