Laserfiche WebLink
1� � <br /> 12.11 Declarant Rishts and �asements. The Units and the Common Elements are - <br /> subject to exclusive easements and rights in favor of Declarant for the exercise of its declarant <br /> rights as described in the Governing Documents,and for the periodic inspection of the Units and <br /> the Common Elements during any warranty periods and thereafter to review the condition of the i <br /> Property and Building systems and to determine whether Unit and 8uilding maintenance <br /> requirements are being followed. � <br /> 12.I2 Duration. Restrictions, and Use. The rights and easements granted or reserved by <br /> this Section 12 shal! be permanent, shall run with the land uniess otherwise expressly indicated, <br /> and shall be suhject to the following qualifications: <br /> 12.12.1 The easemenis shaIl supplement and not limit any easements described <br /> elsewhere in this Declaration or any other recorded instrument. <br /> 12.12.2 The easements shall be subject to reasonable regulation by the <br /> Association and shall be subject to such reasonable limitations as�to location and routing <br /> as may be established by the Association or any govemmental authority. <br /> t2.12.3 The easements shall include reasonable access over, under, and across <br /> the Property to maintain, repair, replace, and reconstruct the easement areas and any <br /> improvements located thereon. <br /> i 2.12.4 No Person shall materially restrict or impair any easement benefiting or <br /> burdening .the Property, or any eguipment or improvements relating to the easement, <br /> subject ta this Declaration and the right of the Assaciation to i�npose reasonable Rules <br /> and Regulations governing the use of the Property. <br /> 12.12.5 No improvements shall be erected or maintained, no excavation, . <br /> grading or reshaping�shall be undertaken; and no fill or other material shall be placed, in <br /> an easement area, which may damage or interfere with the installation, use, or <br /> maintenance of such area, or which may change or impede the intended flow of water <br /> through any drainage easement area. <br /> 12.12.6 Persons exercising easement rights shal] (i) take reasonable care to <br /> avoid damaging the Property or creating safety hazards; (ii) promptly repair any damage <br /> to the Property which they or their caused; (iii) promptly reimburse the Association for <br /> ail costs incurred by it for repairing damage to an easement area caused by the Person or <br /> the Person's invitees; and (iv) hold harmless, indemniFy, and defend the Association, <br /> other Owners, and the officers and directors of the Association, from and against all <br /> claims, damages, losses, and other liabilities arising out of the exercise of the easement <br /> flahtS. <br /> 12.12.7 Declarant's easement rights described in this Declaration shall <br /> terminate wtten Declarant no longer owns a Unit. <br /> 12.12.$ No grant, dedication, or creatian of an easement ❑nder this Declaration <br /> shall constitute a dedication of the easement area or the use thereof to the public, ii being <br /> the intent of this Declaration that the Common Elements be and remain priyate proper[y <br /> MPLS-Word 95281.11 30 <br />