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Unit or the Common Elements, as a result of any of the aforementioned causes, an easement shall exist for the
<br />encroachment, for the use, enjoyment and habitation of any encroaching Unit or improvement, and for the
<br />maintenance thereof. Any improvement added pursuant to Section 8 shall be limited to minor encroachments,
<br />and no easement shall exist unless the proposed improvement has been approved and constructed as required by
<br />this Declaration. Such easements shall continue for as long as the encroachment exists and shall not affect the
<br />marketability of title.
<br />12.5. Maintenance, Repair, Replacement and Reconstruction. Each Unit, and the rights of the Owners
<br />and Tenants thereof, and the Common Elements and Limited Common Elements, shall be subject and benefited
<br />by a nonexclusive easement in favor of the Association for the maintenance, repair, replacement and
<br />reconstruction of the Common Elements, Units and any improvements related thereto, and utilities serving the
<br />Units, to the extent necessary to fulfill the Association's obligations under the Governing Documents. Each
<br />Owner shall afford to the Association and its management agents and employees, access at reasonable times and
<br />upon reasonable notice, to and through the Unit and its Limited Common Elements for maintenance, repair and
<br />replacement; provided that access may be had without notice and at any time in case of emergency.
<br />12.6. Utilities and Services. The Common Elements and the Units shall be subject to and benefited
<br />by non-exclusive easements in favor of the Association, the City and all utility companies and other service
<br />providers for the installation, use, maintenance, repair and replacement of all utilities, services and common
<br />operating systems, such as natural gas, electricity, cable television and other electronic communications, water,
<br />sewer, septic systems, wells, and similar services, fire control systems and other common operating systems, and
<br />metering and control devices, which exist, which are constructed as part of the development of the Property
<br />which are approved by the City, which are approved by the Association under authority contained in the
<br />Governing Documents or the Act, or which are described or referred to in the Plat, this Declaration or other
<br />recorded instruments. Each Unit, and the rights of the Owners and Tenants thereof, shall also be subject to and
<br />benefited by a non-exclusive, easement in favor of the other Units, the Common Elements and the Association
<br />for all such utilities, services, fire control systems and other common operating systems. Utilities and related
<br />services or systems shall be installed, used, maintained and repaired so as not to interfere with the use and quiet
<br />enjoyment of the Units by the Owners and Tenants, nor affect the structural or architectural integrity of the
<br />Buildings, Units or any Common Element improvement.
<br />12.7. Emergency Access to Units. In case of emergency, all Units and Limited Common Elements
<br />are subject to an easement, without notice and at any time, in favor of the Association for access by the
<br />Association's management agents, and in favor of fire, police or other public safety personnel.
<br />12.8. Project Signs. Declarant and the Association shall have anon -exclusive easement and right to
<br />erect and maintain temporary and permanent signs and related monuments identifying the common interest
<br />community on the Common Elements and on Units owned by the Declarant. Those parts of the Property on
<br />which monument signs or any related decorative improvement is located shall be subject to non-exclusive
<br />easements in favor of the Association for the continuing use, maintenance, repair and replacement of said signs
<br />and any improvements.
<br />12.9. Declarant's Easements. The Units and Common Elements are subject to exclusive easements
<br />in favor of the Declarant for the exercise of its declarant rights as described in the Governing Documents.
<br />12.10. Other Easements in favor of City. The Common Elements shall be subject to a permanent, non-
<br />exclusive easement in favor of the City for ingress and egress purposes which includes the right of the City, its
<br />contractors, agents, servants and assigns, to enter upon the Common Elements at all reasonable times for the
<br />purposes of public safety emergency response and inspection of any private fire hydrant located upon the
<br />Common Elements. The Property shall also be subject to such other easements as may be recorded against the
<br />Property by reason of the City's requirements in connection with the development of the Property.
<br />12.11. Continuation Scope and Conflict of Easements. The easements set forth in this Section (i) shall
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