10-10-2005 Council Packet - Laserfiche WebLink

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11.00 EASEMENTS 11.01 Easement for Maintenance. Repair. Replacement and Reconstruction. Each Unit shall be subject to the rights of the Association to a non-exclusive easement on and over the Units to the extent necessary to fulfill the Association's obligations under this Declaration or the Act, including without limitation, to maintain the Common Elements, the Exterior Landscaping, the Common Improvements, the Atriums and the Office Structures. 11.02 Declarant's Easements. Declarant shall be the beneficiary of the easements for construction and sales activity described below. 11.03 Right of Enjoyment over the Common Area. Every owner and lawful occupant of a Unit, and the invitees of any such, shall have the non-exclusive right to use and enjoy the Common Area for ingress and egress, parking, utility access, and enjoyment of open spaces, subject to reasonable rules and regulations adopted from time to time by the Board. Nothing herein shall be construed as a grant of easement rights to the puMic. 11.04 Recorded Easements. The Real Estate shall be subject to such other easements as may be recorded against it or shown on the CIC Plat. 11.05 Permanent Easements. All easements described in this Declaration are permanent easements, ruruiing with the land, and are appurtenant. They shall at all times inure to the benefit of and be binding on the owner and the mortgagee, from time to time, of any Unit, and their respective heirs, successors, personal representatives or assigns. Subject to the restrictions set forth herein, an owner may delegate the right of enjoyment of an easement to tenants. 11.06 Continuation and Scop»- of Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an owner or occupant be denied reasonable access to its Unit or the right to utility services thereto. The easements set forth in this Article 11.00 shall supplement and not limit any easements described elsewhere in this Declaration or otherwise recorded, and shall include reasonable access to the Common Elements through the Units as reasonably necessary for purposes of maintenance, repair, replacement and reconstruction. 12.00 ASSOCIATION MAINTENANCE RESPONSIBILITY 12.01 Common Elements: Exterior Landscaping: Snow Plowing. In order to preserve the uniform and high standard of function and appearance of the Real Estate, the Association shall have the exclusive responsibility for the maintenance and repair of the Common Elements (including the Common Improvements), the exterior surfaces of the Atriums and Oflice Structures, and the Exterior Landscaping, which responsibility shall include, but not be limited to, the resiufacing and striping of paved areas; maintenance, repair, painting and rq>lacement of lighting fixtures, directional signage; planting, removing, mowing, trimming, replanting, raking and fertilizing of grass, shrubs, trees and other plantings; the maintenance and repair of exterior surfaces of all buildings on the Real Estate, including, without limitation, the painting and staining of same as often as necessary, the 8 r-